CN-700000-14056.pdf

Changing Lives to Ensure a St{(er Florida

FLORIDA

DEPARTMENT of

CORRECTIONS

50! Soutl1 Calhoun Street, Tallahassee, FL 32399·2500

CERTIFICATION OF CONTRACT

TITLE: INMATE TOOTHPASTE CONTRACT NO:

EFFECTIVE DATE:

THRU:

CONTRACTOR($): PHOENIX TRADING, INC. DBA Al\'IERCARE PRODUCTS, INC.

Govemor

RICK SCOTT

lnterim Secretary

TIMOTHY H. CANNON

http://www .de. state. fl. us

DC ITB-14-056

12/23/2014 12122/2016

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

B. EFFECT: This master contract was entered into to provide Inmate Toothpaste to various locations throughout the state.

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 term contract purchase orders.

D. CONTRACTOR PERFORMA.NCE: Purchasing entities are to report any vendor failing to perform according to the requirements of this conttact on a Department of Management Services' "Complaint to Vendor" form (#PUR-70 17). A copy of the PUR-7017 shall be sent to the contract administrator along "~th 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 Procmement and Supply 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.

attachments !]em

Trust* Respect* Accountabil'ity * lntegr'!ty * Leadership

Page 1 of ~pages

AGENCY RELEASE DATE

November 10, 2014

INMATE TOOTHPASTE

' RESPONSES WILL BE OPENED:

"ATTACHMENT A"

FLORIDA DEPARTMENT OF CORRECTIONS

INVITATION TO BID (ITB)

Acknowledgement Form

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

SOLICITATION NO:

DC ITB-14-056

December 2-9, 2014 at 2:00p.m.

and remain valid lor 180 days after such date and time.

Original Signature on File

'AUTHORIZED SIGNATURE (MANUAL)

Julie Siegel, Operations 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 lor the same services (including equipment and supplies), and is in all respects fair and w~hout 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 ali requirements of the Invitation to Bid, including but not limited to, certification requirements and mandatory attestations. In submitting a Bid to an agency i for the State ol Florida, the Vendor offers and agrees that if the Bid is accepted, the Vendor will convey, seli, 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 tile 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.

These individuals shall be

(Revised ll/25/2014)

Page 1 of26 DC-ITB-14-056

Page 2 of 26 DC-ITB-14-056

TABLE OF CONTENTS

SECTION 1.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR1001)

SECTION 2.0 GENERAL CONTRACT CONDITIONS (PUR 1000)

SECTION 3.0 INTRODUCTORY MATERIALS

3.1 Statement of Purpose

3.2 Definitions

3.3 Contract Term

3.4 Renewal

3.5 General Statement

3.6 Specifications

3.7 Estimated Quantities

3.8 Minimum Order

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 Condition and Packaging

4.6 Summary Reports

4.7 Samples

4.8 Delivery

4.9 Procurement of Materials with Recycled Content

4.10 Mandatory Documentation

4.11 Records and Documentation

4.12 Price Page

4.13 Purchasing Card Program

4.14 Vendor Ombudsman

4.15 Trade Names

This Special Condition takes precedence over General Instructions to Respondents #12 in PUR1001

SECTION 5.0 TECHNICAL SPECIFICATIONS

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

5.13 Addenda

5.14 Discussions

5.15 No Prior Involvement and Conflict of Interest

5.16 State Licensing Requirements

5.17 MyFloridaMarketPlace (MFMP) Registration

5.18 Certificate of Authority

5.19 Unauthorized Employment of Alien Workers

5.20 Confidential, Proprietary, or Trade Secret Material

5.21 E-Verify

5.22 Vendor Substitute W-9

5.23 Scrutinized Companies

5.24 Florida Preference

Page 3 of 26 DC-ITB-14-056

5.25 Identical Tie Bids

SECTION 6.0 SPECIAL CONDITIONS

6.1 State Initiatives

6.2 Subcontracts

6.3 Copyrights, Right to Data, Patents and Royalties

6.4 Independent Vendor 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

ATTACHMENT I – PRICE PAGE

ATTACHMENT II - PURCHASE ORDER TERMS AND CONDITIONS

ATTACHMENT III - DELIVERY LOCATIONS

Page 4 of 26 DC-ITB-14-056

TIMELINE

DC ITB-14-056

(Revised 11/25/2014)

EVENT DUE DATE LOCATION

ITB Advertised –

Released

11/10/14

Vendor Bid System:

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

Questions submitted in writing.

11/18/14 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

Anticipated Answers to Questions

11/21/14

Posted electronically via the following Internet site:

Sealed Bids Due and

Opened

12/2/14

12/9/14

Must be received 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

Anticipated

Posting of Intent to Award

12/9/14

12/16/14

Vendor bid system:

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

Page 5 of 26 DC-ITB-14-056

SECTION 1.0 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 2.0 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 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 inmate toothpaste for delivery to various correctional facilities throughout the State. This solicitation is to establish an agency term contract.

The successful bidder shall furnish only the products specified.

3.2 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 organizational entity serving 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.

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.

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.

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.

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-14-056

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.

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

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.

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

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.

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

3.3 Contract Term

As a result of this ITB, the successful bidder shall be awarded a two (2) year contract.

Purchases shall be accomplished through issuance of a MyFloridaMarketPlace (MFMP) purchase order(s).

3.4 Renewal

This Special Condition takes precedence over General Conditions #26 in PUR1000.

The contract resulting from this solicitation may be renewed, in whole or in part, for a period not to exceed two (2) year or the term of the original contract, whichever is longer, at the same prices, terms and conditions. The renewal may not include any compensation for costs associated with the renewal. Any renewal shall be in writing and subject to the same terms and conditions of the original bid. Any renewal shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds.

3.5 General Statement

The Department is requesting bids from qualified bidders who are capable of providing Inmate Toothpaste utilized by the Department of Corrections for delivery to various institutions throughout the state. This solicitation is to establish an agency term contract. The successful bidder shall furnish the product specified. The Department intends to award one (1) contract as a result of this ITB.

Page 7 of 26 DC-ITB-14-056

3.6 Specifications

The toothpaste shall contain Sodium Fluoride (minimum of 0.243%), Sodium Monofluorophosphate (minimum of 0.76%), or stannous fluoride (minimum of 0.0454%).

The toothpaste shall be free of animal fat.

The toothpaste shall be in clear plastic tubes only.

The tube shall be 2.5 oz. to 3.0 oz.

The tube shall have the net content weight, brand name and formula. Label shall be complete, legible, firmly secured to the tube and affixed in a manner that will remain securely attached during normal usage.

The proposed toothpaste shall be able to clean the teeth effectively and have a pleasant taste.

3.7 Estimated Quantities

It is estimated that one million, two hundred and sixty-three thousand (1,263,000) tubes of inmate toothpaste will be purchased annually under the resulting contract from this ITB. The quantities listed herein 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 Minimum Order

The minimum order that shall be placed under this Contract shall be one thousand four hundred and forty (1,440) tubes of toothpaste. Orders received that are less than the minimum order quantity shall be provided at the contract rate, shipped prepaid with actual transportation costs added to the invoice as a separate item

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.

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.

Page 8 of 26 DC-ITB-14-056

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 to or delete any item from this bid or resulting contract when deemed to be in the state’s best interest.

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 Condition and Packaging

Any item offered or shipped as a result of this bid shall be new, and the most current standard model available at the time of the bid, unless otherwise stated. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

4.6 Summary Reports

The successful bidder shall furnish the Department of Corrections a summary report of contract sales at the end of each calendar quarterly period. The report shall summarize, at a minimum: total number of units sold during the quarter, total dollar value of units sold during the quarter, total number of units sold by delivery location, total number of units sold and total dollar value sold for the entire contract term. The Department may, at its discretion, develop the exact format the successful bidder shall use for report submittal. Any report format developed by the Department shall be incorporated into, and shall become a part of, the original contract. A summary report shall be furnished for quarters that include less than three full months of business (such as, the beginning or end of the contract term). Failure to provide this information within thirty (30) calendar days following the end of each quarter may result in the termination of the contract.

Page 9 of 26 DC-ITB-14-056

4.7 Samples

A minimum of five (5) two-point-five (2.5) ounce or three (3) ounce clear plastic tube toothpaste samples should be furnished free of expense on or before the bid opening time and date. If not destroyed, samples may, upon request, be returned at the bidder’s expense. Each individual sample must be labeled with bidders name, manufacturer’s brand name and number, bid number, and item reference. Requests for return of samples shall be accompanied by instructions which include shipping authorization and name of carrier and must be received within ninety (90) days after bid opening date. If instructions are not received within this time, the commodities shall be disposed of by the department.

4.8 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.

4.9 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, Florida Statutes.

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

4.10 Mandatory Documentation

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

ITB Acknowledgement Form – Page 1

Section 5.24 – Florida Preference – Page 15

Price Page – Attachment I

4.11 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

Page 10 of 26 DC-ITB-14-056 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.

4.12 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 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.

4.13 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.

4.14 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.

4.15 Trade Names

This Special Condition takes precedence over General Instructions to Respondents #12 in PUR1001.

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.

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

Page 11 of 26 DC-ITB-14-056

SECTION 5.0 TECHNICAL SPECIFICATIONS

5.1 Bidder Inquiries

This Special Instruction takes precedence over General Instruction to Respondents #5 in PUR 1001.

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), Florida Statutes.

Any person requiring special accommodation in responding to this solicitation because of a disability should call the Bureau of Procurement and Supply 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 Procurement and Supply 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.

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.

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

Page 12 of 26 DC-ITB-14-056

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. This Special Instruction takes precedence over General Instruction to Respondents #3 in

PUR1001.

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 must complete, sign, and return the ITB Acknowledgement Form (page 1) with the bid submittal as outlined in Section 4.10.

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

This Special Condition takes precedence over General Instructions to Respondents #12 in PUR1001.

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 will 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

A single award shall be made to the responsive, responsible bidder offering the lowest price per ounce for the item(s) indicated in this ITB.

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.

Page 13 of 26 DC-ITB-14-056

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

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). If there is a conflict in language between the Department's ITB and the bidder's submitted bid, the Department's ITB will govern.

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, Florida Statutes. Selection or rejection of the bid will not affect this right. Should the Department reject all bids and issue a re-bid, information submitted in response to this ITB will become a matter of public record as indicated in Section 119.071(1)(b)3, Florida Statutes.

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.

5.13 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.

5.14 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 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.

5.15 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.

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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.

5.16 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 State of Florida’s Department of State.

5.17 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.

5.18 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, Florida Statutes, respectively.

5.19 Unauthorized Employment of Alien Workers

The Department does not intend to award publicly funded contracts to those entities or affiliates 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.

5.20 Confidential, Proprietary, 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 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, Florida Statutes, 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 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 http://dms.myflorida.com/business_operations/state_purchasing/myflorida_marketplace/vendors http://www.dms.myflorida.com/

Page 15 of 26 DC-ITB-14-056 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.

5.21 E-Verify

In accordance with Executive Order 11-116, “The provider agrees to utilize the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all new employees hired during the contract term by the Provider. The Provider shall also include a requirement in subcontracts that the subcontractor shall utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Bidders meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision.”

5.22 Vendor Substitute W-9

The State of Florida Department of Financial Services (DFS) needs 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

5.23 Scrutinized Companies

In accordance with Section 287.135, Florida Statutes, 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, Florida Statutes which provides that false certification may subject company to civil penalties, attorney’s fees, and/or costs.

5.24 Florida Preference

In accordance with Section 287.084, F.S., a vendor whose principal place of business is located outside of the state of Florida, must accompany their bid response documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences granted by that state to its own business entities in the letting of public contracts. The written document must identify either the preference granted or a statement that no preferences are granted. Failure to include the above written opinion shall result in the rejection of bid.

When the lowest responsible and responsive bid for purchases of personal property is submitted by a vendor whose principal place of business is located outside the state of Florida, a 5% price preference shall be awarded to the lowest responsible and responsive vendor whose principal place of business is located in the state of Florida unless the state where the out-of-state vendor is located provides a price preference for businesses having a principal place of business in that state. In that case, the same price preference shall https://e-verify.uscis.gov/emp 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-14-056 be awarded to the lowest responsible and responsive vendor whose principal place of business is located in the state of Florida responding to this competitive solicitation.

5.25 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

The following Special Conditions shall take precedence over Section 2.0 General Contract Conditions PUR1000 unless a statutorily required provision in the PUR 1000 supersedes:

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.

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, Florida Statutes. 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. 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 file:///C:/Documents%20and%20Settings/dgenri1/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/8D6D24A2/www.dms.myflorida.cmo

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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 may, only with prior written consent of the Department, enter into written subcontracts for the delivery or performance of services as indicated in this ITB. Anticipated subcontract agreements known at the time of bid submission and the amount of the subcontract must be identified in the bid. If a subcontract has been identified at the time of bid submission, a copy of the proposed subcontract must be submitted to the department. No subcontract, which the successful bidder enters into with respect to performance of any of its functions under the Contract, shall in any way relieve the successful bidder of any responsibility for the performance of its duties. All subcontractors, regardless of function, providing services on Department property, shall comply with the Department’s security requirements, as defined by the Department, including background checks, and all other Contract requirements. All payments to subcontractors shall be made by the successful bidder.

If a subcontractor is utilized by the successful bidder, the successful bidder shall pay the subcontractor within seven (7) working days after receipt of full or partial payments from the Department, in accordance with Section 287.0585, Florida Statutes. It is understood and agreed that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the successful bidder shall be solely liable to the subcontractor for all expenses and liabilities under the Contract resulting from this ITB. Failure by the successful bidder to pay the subcontractor within seven (7) working days will result in a penalty to be paid by the successful bidder to the subcontractor in the amount of one-half (½) of one percent (1%) of the amount due per day from the expiration of the period allowed herein for payment.

Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due.

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, Florida Statutes, 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 Department pursuant to Section 119.084, Florida Statutes, 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

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