CN-700000-08055.pdf

Model Commodity Term Bid (12/30/08) ITB# 08-AVON PARK-8055

TABLE OF CONTENTS

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

2.2 Contract

2.3 Cooperative Purchasing

SECTION 3 – PRODUCT INFORMATION

3.1 Specifications

3.2 Delivery

3.3 Quantity Discounts

3.4 Substitutions

3.5 Damaged Goods

3.6 Trade Names

3.7 Estimated Quantities

3.8 Price Increase/Decrease

3.9 Contract Modifications

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Bid Manager

4.2 Calendar of Events

4.3 Procurement Rules

4.3.1 Mandatory Vendor Registration

4.3.2 Submission of Bids

4.3.3 Bid Opening

4.3.4 Costs of Preparing Bid

4.3.5 Disposal of Bids

4.3.6 Bid Rules for Withdrawal

4.3.7 Rejection of Bids

4.3.8 Bid Inquiries

4.3.9 Cost Discussions

4.3.10 Verbal Instructions

4.3.11 No Prior Involvement and Conflicts of Interest

4.3.12 Department of State Licensing Requirements

4.3.13 Public Entity Crimes

4.3.14 Discriminatory Vendor List

4.3.15 Unauthorized Employment of Alien Workers

SECTION 5 – BID FORMAT AND CONTENTS

5.1 Responsiveness Requirements

5.2 Contact for Contract Administration

5.3 Addendum Acknowledgment Form

SECTION 6 – AWARD OF CONTRACT

6.1 Posting of Recommended Award

6.2 Price Determination

6.3 Incomplete Cost Information Sheet

6.4 Identical Tie Bids

SECTION 7 – CONTRACT TERMS AND CONDITIONS

7.1 Contract

7.2 Termination

7.2.1 Termination at Will

7.2.2 Termination Because of Lack of Funds

7.2.3 Termination for Cause

7.2.4 Termination for Unauthorized Employment

7.3 Payments and Invoices

7.4 Contract Management

7.4.1 Department’s Contract Administrator

7.5 Contract Management Changes

7.6 Vendor’s Expenses

7.7 Governing Law and Venue

7.8 Records

7.8.1 Public Records

7.8.2 Disclosure of Bid Contents

7.8.3 Audit Records

7.8.4 Retention of Records

7.9 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (“PRIDE”)

7.10 Product Available from the Blind or Other Handicapped (RESPECT)

7.11 Procurement of Materials with Recycled Content

7.12 Sponsorship

7.13 Employment of Department Personnel

7.14 Non-Discrimination

7.15 Americans with Disabilities Act

7.16 Indemnification

7.17 Bidder’s Insurance

7.18 Copyrights, Right to Data, Patents and Royalties

7.19 Disputes

7.20 Independent Vendor Status

7.21 Assignment

7.22 Force Majeure

7.23 Severability

7.24 Use of Funds for Lobbying Prohibited

ATTACHMENT 1 –CONTACT FOR CONTRACT ADMINISTRATION

COST INFORMATION SHEET

SECTION 1 – 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:

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

1.2 Contract: The agreement which results from this ITB between the winning Bidder and the Department.

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

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

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

1.6 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 simple futurity) in this ITB indicates a requirement or condition which may not be waived by the Department except where the deviation therefrom 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.

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

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

1.9 Purchase Order: The contract document issued by the Department to the Vendor to procure goods and services.

1.10 Responsible Vendor: A vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

1.11 Responsive Bid: A bid, submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation.

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

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

1.14 Balance Of Line: Balance of line refers to additional items that may be needed by the department. Awards are not based on pricing submitted for balance of line items, but bidders must submit pricing for all balance of line items in order for their bid to be considered responsive. When balance of line items are listed in a solicitation, the department will clearly indicate what items will be considered in the basis for award.

THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

The purpose of this Invitation to Bid is to secure competitive bids from qualified vendors who can provide trash containers and disposal at Avon Park Correctional Institution. The current equipment located at Avon Park CI is in poor condition and needs to be replaced.

Vendors must bid on all items listed on the Cost Information Sheet (See page 33) to qualify for award. Award will be made to a single vendor.

2.2 Contract

As a result of this ITB, the successful bidder shall be awarded a five (5) year contract, which may be renewed for a period of five (5) years at the Department’s sole discretion.

Purchases from the resulting Contract shall be accomplished through issuance of a purchase order(s).

Based on the unique operational needs of the correctional system and on available funding, in any Contract resulting from this ITB, the Department reserves the right to require the Contractor to add or delete institutions and satellite facilities, in addition to those originally contemplated by this ITB. Therefore, the Contractor should be prepared, in advance, to make any necessary changes as required.

If any additional containers are needed for a particular location and the size is not listed in this ITB for that location, the addition shall be reviewed and approved by the Contract Administrator prior to delivery of the unit.

2.3 Cooperative Purchasing

Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases in accordance with the terms and conditions contained herein. The Department shall not be a party to any transaction between the Contractor and any other purchaser.

Other state agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16) (a), F.S. This statute requires the Department of Management Services to determine that the requestor’s use of the contract is cost effective and in the best interest of the State.

SECTION 3 – PRODUCT INFORMATION

3.1 Specifications

Specification for Item # 1 – Rental of forty (40), three (3)-cubic yard trash containers with wheels. Wastequip #WQFLS3 towable or equivalent. Plastic lids, floor 10 gauge steel, walls 12 gauge steel, 13” wheel, trailer hitch, top channel is formed, 13” wheel set-up is connected with spindles, container weight capacity is 1,500 lbs. There needs to be a male ball the same size as the receiver on the center tail end of the dumpster in order to tow a lot of dumpsters at the same time in a chainlike line. Also Department of Health requires a 2" screened drain plug removable to allow rain water to escape, located at the bottom, lower end of the dumpster. These containers will be placed in different locations around the institution. Once they are full, the containers will be transported by institutional staff, using the tow and hitch assembly to hook all the containers together.

Institutional staff shall empty the containers into the compactor.

Contractor shall furnish (at their expense) all supervision, equipment, dumpsters, machinery, tools, material, labor, utilities, transportation and any other service or expense necessary to completely remove all trash from the compactor and dispose of it in strict compliance with all applicable state, county and local laws, codes and ordinances. The contractor shall also comply with all EPA, OSHA, DOT and any other pertinent federal regulations and laws concerning the work specified herein. The contractor shall provide all new equipment for use during the term of any contract as a result of this bid.

It shall be the responsibility of the contractor 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 Contractor will guarantee all pick-ups on the day or days agreed upon between the Department and the Contractor.

Since disposal charges are established by the local municipality, only that amount will be charged to the Department. Disposal charges shall be listed as a separate line item on all invoices for payment. An amendment to any resulting contract will not be required when disposal fees are increased or decreased by the local municipality. The Department reserves the right to request copies of disposal fees charged to the vendor by the local municipality or the landfill at any time during the contract period.

3.2 Delivery

The Contractor shall provide product/service(s) within 30 days after receipt of an order.

See Cost Information Sheet (See page 33) for estimated number of dumpsters, pick-ups and all equipment required for service(s). All deliveries shall be coordinated with:

Ken Collinsworth Maintenance & Construction Superintendent Avon Park Correctional Institution County Road 64 East Avon Park, Florida 33823 Phone No. 863/453-1529

3.3 Quantity Discounts

The Contractor shall provide a discount for the quantity/dollar level breaks if indicated on the Cost Information Sheet. The discount shall be applied to base unit cost provided under this Contract.

3.4 Substitutions

The Contractor is required to provide only the product(s) identified in this bid submission. Alternate products provided to the Department without prior approval by the Contract Manager are prohibited, will be returned to the Contractor at the Contractor's expense, and may cause termination of the contract

In the event the product specified can no longer be provided for reasons beyond the Contractor’s control (i.e. - product discontinuance), the Contractor shall provide an alternate product request to the 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.

3.5 Damaged Goods

The Contractor 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:

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

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.

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

3.6 Trade Names

Any manufacturer’s names, trade names, brand names or catalog numbers used in specifications contained in this bid are for the purposes of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand that meets or exceeds the quality level of item(s) listed unless otherwise indicated on the Cost Information Sheet. An alternate product sample may be required by the Department for review prior to acceptance.

3.7 Estimated Quantities

The number of dumpsters, pick-ups and all equipment listed on the Cost Information Sheet (See page 33) are estimates, given only as a guideline for preparing your bid, and should not be construed as representing actual quantities to be purchased under any resulting contract.

3.8 Price Increase/Decrease

The Department will consider price increases resulting from increases in raw material costs, manufacturing price increases, imposition of cost or taxes not contemplated at the time this ITB was released, etc., if rendered a written notice of vendor's price increase (i.e. letter, invoice, etc., from manufacturer, taxing, or other regulatory authority). After receipt by the Contract Administrator, price adjustments, if approved, will become effective thirty (30) days thereafter. Once a price adjustment request is received and approved, no entity will order more than a thirty (30) day’s supply of any item prior to the effective date of the increase. Price increase(s) will not be considered during the first six (6) months of the contract.

3.9 Contract Modifications

During the term of the Contract, the Department may require, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The parties agree to renegotiate this Contract to comply with any applicable current or revised state laws, regulations, or increases/decreases in allocations making any changes in the Contract necessary. Modifications to provisions of this Contract shall only be valid through execution of a formal contract amendment, and duly signed by both parties. There are no obligations to agree by either party.

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Bid Manager

Questions related to this procurement should be addressed to:

Sabina Flanagan, Purchasing Analyst Department of Corrections Bureau of Procurement and Supply 2601 Blair Stone Road, C415 Tallahassee, Florida 32399-2500 850-410-4056 (telephone) 850-488-7189 (facsimile number) E-Mail: flanagan.sabina@mail.dc.state.fl.us

Pursuant to Section 287.057(26), Florida Statutes, Respondents 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 bid manager as listed above or as otherwise provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

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

4.2 Calendar of Events

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

Date Time Action

4.2.1 03/24/2009 Release of ITB

4.2.2 04/03/2009 Last day for written inquiries

4.2.3 04/08/2009 Anticipated date that written responses to written inquiries will be posted on the Vendor Bid System

(VBS).

4.2.4 04/21/2009 3:00 PM Bid opening

4.2.5 04/24/2009 Anticipated date of posting of recommended award

4.2.6 04/30/2009 Anticipated date for issuance of purchase order or other document

4.3 Procurement Rules

4.3.1 Mandatory Vendor Registration

In 2003, the state of Florida implemented an on-line e-procurement system called MyFloridaMarketplace (MFMP) through which all purchase orders are issued and distributed via e-mail or facsimile (fax) machine. The method of automatic distribution is selected by the vendor during the registration process. Therefore, before doing business with any state agency, vendors must register in this system on-line at: http://dms.myflorida.com/mfmp . Vendors needing assistance with the registration process may call 1-866-352-3776. For information regarding the fees for this service, please refer to Section 7.3.1.

4.3.2 Submission of Bids

Each bid shall be prepared simply and economically, providing a straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this ITB. Fancy 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 contained in the Bid Submission Requirements (Section 5), with particular emphasis on the Mandatory Responsiveness Requirements.

Bids are due at the time and date specified in the Calendar of Events (Subsection 4.2) at the Department of Corrections, Bureau of Procurement and Supply, 2601 Blair Stone Road, 4th floor, Tallahassee, Florida 32399-2500, and shall be submitted to the attention of the Contact Person at the address listed in Subsection

4.1. Bids received late will not be considered. No Department staff will incur responsibility for the inadvertent opening of a bid not properly sealed, addressed or identified.

4.3.3 Bid Opening

Bids will be publicly opened at the time and date specified in the “Calendar of Events” (Subsection 4.2). The name of all bidders submitting bids shall be made available to interested parties upon written request to the contact person listed in Section 4.1.

4.3.4 Costs of Preparing Bid

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

4.3.5 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, Florida Statutes.

4.3.6 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 due date indicated in the Calendar of Events.

Any submitted bid that has not been properly withdrawn, shall remain a valid bid for twelve (12) months after the bid opening date.

4.3.7 Rejection of Bids

The Department shall reject any and all bids containing material deviations. The following definitions are to be utilized in making these determinations.

4.3.7.1 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 simple futurity) in this ITB indicates a requirement or condition which may not be waived by the Department except where the deviation therefrom 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.

4.3.7.2 Minor Irregularities

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

4.3.8 Bid Inquiries

4.3.8.1 The bidder shall examine this ITB to determine if the Department’s requirements are clearly stated. If there are any requirements which restrict competition, the bidder may request, in writing, to the Department, that the specifications be changed. The bidder who requests changes to the Department’s specifications must identify and describe the bidder’s difficulty in meeting the Department’s specifications, must provide detailed justification for a change, and must recommend changes to the specifications. Requests for changes to this ITB must be received by the Department no later than the date shown for written inquiries in the “Calendar of Events.” A bidder’s failure to request changes by the date described above shall be considered to constitute bidder’s acceptance of Department’s specifications. The Department shall determine what changes to this ITB shall be acceptable to the Department. If required, the Department shall issue an addendum reflecting the acceptable changes to this ITB, and post as stated in Section 4.3.9., in order that all bidders shall be given the opportunity of proposing to the same specifications.

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

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

It is the responsibility of the bidder to confirm receipt of e-mailed and faxed inquiries.

4.3.9 Cost Discussions

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

4.3.10 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Department employee. Only those communications that are in writing from the Department’s staff identified in Section 4.1 of this ITB shall be considered a duly authorized expression on behalf of the Department. Only communications from the Contractor’s representative, which are in writing and signed, will be recognized by the Department as duly authorized expressions on behalf of the Contractor.

4.3.11 No Prior Involvement and Conflicts of Interest

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

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

4.3.12 Department of State Licensing Requirements

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

In furtherance of the One Florida Initiative, bidders are encouraged to seek the participation of certified minority business enterprises (CMBE). Information on the One Florida Initiative and CMBE’s is available from the Office of Supplier Diversity at http://osd.dms.state.fl.us. Please identify each CMBE that will participate in the Contract and the nature of the participation.

4.3.13 Public Entity Crimes

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

4.3.14 Discriminatory Vendor List

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

4.3.15 Unauthorized Employment of Alien Workers

The Department does not intend to award publicly funded contracts to those who knowingly employ unauthorized alien workers, constituting a violation of the employment provisions as determined pursuant to Section 274A of the Immigration and Nationality Act.

SECTION 5 – BID FORMAT AND CONTENTS

This section contains instructions that describe the required format for the submitted bid. Bids shall be submitted in a sealed envelope, clearly marked “Bid – ITB #08-AVON PARK-8055.”

There is no intent to limit the content of the response. Additional information deemed appropriate by the bidder may be included. However, cluttering the bid with irrelevant material makes the review more difficult. The following paragraphs contain instructions that describe the required format for bid responses.

5.1 Responsiveness Requirements

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

5.1.1 Bidder shall complete, sign and return the ITB Bidder Acknowledgement Form

(page 1 & 2). The bidder must return either the original or a copy of both pages with an original signature on page one (1). Do not sign page two (2).

5.1.2 The bidder shall complete, sign, date and return (all) pricing pages, entitled Cost

Information Sheet, which consists of page thirty-three (33). By submitting a bid or bids under this ITB, each Bidder warrants its agreement to the prices submitted. The Department objects to and shall not consider any additional terms or conditions submitted by a bidder, including any appearing in documents attached as part of a bidder’s response. In submitting its bid, a bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Any qualifications, counter-offers, deviations, or challenges may render the bid non-responsive.

5.2 Contact for Contract Administration

The bidder shall complete and insert Attachment 1 of this ITB.

5.3 Addendum Acknowledgment Form

If an addendum to this bid is issued, the Bidder shall complete and insert the Addendum Acknowledgment Form(s).

5.3.1 The Department will post all addenda and materials relative to this procurement on the Florida Vendor Bid System at www.myflorida.com under the posted bid number (click on “Business”, then “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, and “Search Advertisements”). Each bidder is responsible for monitoring this site for new or changing information relative to this procurement.

5.3.2 An Addendum Acknowledgment Form will be included with each addendum and shall be signed by an authorized company representative, dated, and returned with the bid, as instructed in Section 5, Contents of Bid.

SECTION 6 – AWARD OF CONTRACT

6.1 Posting of Recommended Award

The notice of intended award will be posted on or about the date shown in the “Calendar of Events” (Section 4.2) and will remain posted for a period of seventy-two (72) hours.

Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72 hour time period. Posting will be made available on the Florida Vendor Bid System at www.myflorida.com (see additional instructions listed in Subsection 5.3.1).

6.1.1 Any bidder who desires to protest the recommended award must file the following documents with the Agency Clerk in the Department’s Office of General Counsel, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500, (telephone 850-488- 2328) and provide copies to the Contact Person listed in Section 4.1 of this ITB:

6.1.1.1 A written notice of intent to protest within seventy-two (72) hours after posting of the recommended award. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72 hour time period.

6.1.1.2 A formal written protest by petition within ten (10) calendar days after the date on which the notice of protest is filed.

6.1.1.3 A protest bond within ten (10) calendar days after the date on which the notice of protest is filed.

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

6.1.3 Pursuant to Section 287.042(2)(c), Florida Statutes, a formal written protest must be accompanied by a bond payable to the Department in an amount equal to one percent (1%) of the estimated total value of the proposed contract amount submitted by the protestor. The amount of the bond will be provided by the Department’s Office of General Counsel/Contracts Section and can be obtained by contacting the appropriate staff at (telephone number 850-488-2328, facsimile number 850-410-4133). In lieu of a bond, the Department may accept a cashier’s check, official bank check, or money order in the amount of the bond.

6.1.4 In addition to the requirements of the paragraph No. 15 entitled “Awards” of the

General Conditions of the ITB Bidder Acknowledgement Form (page 2), the Department shall not be obligated to pay for information obtained from or through any bidder prior to entering into a contract with the winning bidder.

6.2 Price Determination

The Department will award the Contract to the lowest responsive bidder in accordance with the General Conditions of the ITB Bidder Acknowledgement Form (page 2), paragraph 15, entitled “Awards”. 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 shall include all packaging, handling, shipping and delivery charges. A single award will be made from this ITB. Vendors must bid on all items on the Cost Information Sheet (Page XX) to qualify for award.

6.3 Incomplete Cost Information Sheet

Any cost information sheet that is incomplete or in which there are significant 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. All changes/corrections made by the bidder, including corrections made using “white out”, shall be initialed by the bidder.

6.4 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, FA.C. and Chapter 295.187, F.S.

SECTION 7 – CONTRACT TERMS AND CONDITIONS

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

7.1 Contract

7.1.1 A bidder’s bid in response to this ITB shall be considered as the bidder’s formal offer.

7.1.2 Upon selection of the winning bid and completion of the seventy-two (72) hour posting process indicated in Section 4.4, an authorized representative of the agency shall affix his signature to the specified area on the bottom of the ITB Bidder Acknowledgement Form (Page 2), thereby certifying the bid. Once the bid submittal has been certified, the bidder shall be known as the "Contractor" and the certified bid shall constitute the Contract between the parties. If there is a conflict in language between the Department's ITB and the bidder's submitted bid, the Department's ITB will govern.

Upon certification, and based upon appropriation, the Department shall enter into a five (5) year contract. Said Contract is renewable, at the Department's sole discretion, for one five (5) year term. Such renewals are contingent upon satisfactory performance evaluations, as determined by the Department, and subject to the availability of funds.

The Department will forward a letter, along with a copy of the certified bid (Contract) to the Contractor and orders may then be issued against the Contract.

Department staff may issue purchase orders, or utilize the State of Florida procurement card (VISA) for purchases under this Contract.

7.2 Termination

7.2.1 Termination at Will

The Contract may be terminated by either party upon no less than thirty (30) calendar days’ notice, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. Notices to the Department shall be sent to the individual listed in Section 4.1. Notices to the Vendor shall be sent to the individual listed in Attachment 1 – Contact (or Contract Administration).

7.2.2 Termination Because of Lack of Funds

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

7.2.3 Termination for Cause

If any breach of the terms and conditions of the Department’s Purchase Order or any of its incorporated documents occurs by the Vendor, the Department may, by written notice to the Contractor, cancel the Contract upon twenty-four (24) hours’ notice.

Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code. The provisions herein do not limit the Department’s right to remedies at law or to damages.

7.2.4 Termination for Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act, shall be grounds for unilateral cancellation of the Contract.

7.3 Payments and Invoices

7.3.1 Transaction Fee

The Department of Management Services has instituted a statewide eProcurement System (“System”), with the assistance of a third-party agent, Accenture LLP (“Accenture”). All transactions from this Contract shall be processed through this system. Pursuant to Section 287.057(23), Florida Statutes (2002), a Transaction Fee of one percent (1%) of the total dollar amount of each purchase order shall apply to all purchases from this Contract unless otherwise exempt as indicated in 60A-1.032, F.A.C.. This fee, paid by the Contractor, is not submitted to the department and shall not be added to purchase orders as a separate item.

It is the intent of the system to automatically deduct the Transaction Fee from payments to the Contractor. However, this feature is not currently available and Contractors are expected to self-report until a method of automatic deduction is implemented. By submission of these self-reports and corresponding Contractor deposits, the Contractor is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State.

The Contractor shall receive a credit for any Transaction Fee paid by the

Contractor for the purchase of any item(s) returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of the applicable purchase order or Contract.

Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN

PAYING TRANSACTION FEES MAY BE EXCLUDED FROM BIDDING

ON DEPARTMENT CONTRACTS.

7.3.2 The Contractor agrees to submit invoices for compensation for delivery of products/ services in detail sufficient for a proper pre-audit and post-audit thereof. Invoices will be paid upon receipt, inspection and acceptance of products/service(s).

7.3.3 The State of Florida has implemented a purchasing card program, using the Visa platform. Vendors may receive payment from facilities by the purchasing card in the same manner as other Visa purchases. By submitting a bid in response to this ITB, the vendor agrees that it will accept payment through use of the Department’s purchasing card. For purchases made by purchase order, the purchase order document shall include the invoicing location and conditions of payment.

7.4 Contract Management

7.4.1 Department’s Contract Administrator

The Contract Administrator for this purchase will be:

Patti Casey, Assistant Bureau Chief Bureau of Procurement and Supply Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 850/414-8734 (telephone) 850/488-7189 (facsimile number) casey.patti@mail.dc.state.fl.us

The Contract Administrator will perform the following functions:

7.4.2.1 maintain the Purchase Order or P-Card file;

7.4.2.2 process all change orders and purchase order cancellations; and maintain the official records of all correspondence between the Department and the Vendor.

7.5 Contract Management Changes

After execution of the Contract resulting from this ITB, any changes in the information contained in Section 7.4, Contract Management of that Contract, will be provided to the other party in writing and a copy of the written notification shall be maintained in the official Contract file.

7.6 Vendor’s Expenses

The successful bidder shall pay for all licenses, permits, and inspection fees or similar charges required for this Contract, and shall comply with all laws, ordinances, regulations, and any other requirements applicable to the work to be performed under this Contract.

7.7 Governing Law and Venue

This Contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the laws, rules and regulations of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida.

7.8 Records

7.8.1 Public Records

Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption.

7.8.2 Disclosure of Bid Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the

Respondent or its agents. All bid submittals shall become the property of the Department and shall not be returned to Respondent. The Department shall have the right to use any or all ideas or adaptations of the ideas submitted. Selection or rejection of a bid shall not affect this right.

7.8.2.1 Confidential, Propietary, Or Trade Secret Material

The Department takes its public records responsibilities as provided under chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If Respondent 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, Florida Statutes, the Florida Constitution or other authority, Respondent 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 the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the respondent on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to the Department at the same time Respondent submits its response to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. Respondent 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, Respondent shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Respondent’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If Respondent fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by Respondent in answer to a public records request for these records.

7.8.3 Audit Records

7.8.3.1 The successful bidder agrees to maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under this Contract, and agrees to provide a financial and compliance audit to the Department or to the Office of the Auditor General and to ensure that all related party transactions are disclosed to the auditor.

7.8.3.2 The successful bidder agrees to include all record-keeping requirements in all subcontracts and assignments related to this Contract.

7.8.4 Retention of Records

The successful bidder agrees to retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to this Contract for a period of five (5) years.

The successful bidder shall maintain complete and accurate record-keeping and documentation as required by the Department and the terms of this Contract. Copies of all records and documents shall be made available for the Department upon request. All invoices and documentation must be clear and legible for audit purposes. All documents must be retained by the successful bidder at the address listed on the ITB Bidder Acknowledgement Form (page 1), for the duration of this Contract. Any records not available at the time of an audit will be deemed unavailable for audit purposes. Violations will be noted and forwarded to the Department’s Inspector General for review. All documents must be retained by the Vendor at the Vendor’s primary place of business for a period of five (5) years following termination of the Contract, or, if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. The Vendor shall cooperate with the Department to facilitate the duplication and transfer of any said records or documents during the required retention period. The Vendor shall advise the Department of the location of all records pertaining to this Contract and shall notify the Department by certified mail within ten (10) days if/when the records are moved to a new location.

7.9 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (“PRIDE”)

The Bidder agrees that any articles which are the subject of, or are required to carry out this Contract, shall be purchased from PRIDE, identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Sections 946.515(2) and (4), Florida Statutes. The Bidder shall be deemed to be substituted for the Department in dealing with PRIDE, for the purposes of this Contract. This clause is not applicable to subcontractors, unless otherwise required by law. Available products, pricing, and delivery schedules may be obtained by contacting PRIDE.

This section is applicable to those products manufactured or services provided by PRIDE.

For a list of these products, please go to http://www.pridefl.com.

7.10 Product Available from the Blind or Other Handicapped (RESPECT)

The Department supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036

(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned.

This section is applicable to those products manufactured or services provided by RESPECT. For a list of these products, please go to http://www.respectofflorida.org.

7.11 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, this Contract shall be procured in accordance with the provisions of Section 403.7065, Florida Statutes and Section 287.045, Florida Statutes.

7.12 Sponsorship

If the Contractor is a nongovernmental organization which sponsors a program financed partially by state funds, including any funds obtained through this Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: “Sponsored by (insert Vendor’s name) and the State of Florida, Department of Corrections.” If the sponsorship reference is in written material, the words “State of Florida, Department of Corrections” shall appear in the same size letters or type as the name of the organization.

7.13 Employment of Department Personnel

The Contractor shall not knowingly engage, employ or utilize, on a full-time, part-time, or other basis during the period of this Contract, any current or former employee of the Department where such employment conflicts with Section 112.3185, Florida Statutes.

7.14 Non-Discrimination

No person, on the grounds of race, creed, color, national origin, age, gender, marital status or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in, the performance of this Contract.

7.15 Americans with Disabilities Act

The Contractor shall comply with the Americans with Disabilities Act. In the event of the Contractor’s noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts.

7.16 Indemnification

The Contractor shall be liable, and agrees to be liable for, and shall indemnify, defend, and hold the Department, its employees, agents, officers, heirs, and assignees harmless from any and all claims, suits, judgments, or damages including court costs and attorney’s fees arising out of intentional acts, negligence, or omissions by the Contractor, or its employees or agents, in the course of the operations of this Contract, including any claims or actions brought under Title 42 USC §1983, the Civil Rights Act.

7.17 Bidder’s Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this Contract.