CN-700000-16004.pdf

Agency Term Contract

ATC-16-004

Gases - Chlorine

Between the Florida Department of Corrections and Brenntag Mid-South, Inc.

This Contract is between the State of Florida, Department of Corrections (Department), an agency of the State of Florida with offices at 501 S. Calhoun Street, Tallahassee, FL 32399, and

Brenntag Mid-South, Inc. (Contractor).

The Contractor responded to the Department’s Invitation to Bid (ITB), No: FDC ITB-15-131, Gases - Chlorine. The Department has accepted the Contractor’s bid and enters into this

Contract in accordance with the terms and conditions of the ITB.

Accordingly, and in consideration of the mutual promises contained in the Contract, the

Department and Contractor agree as follows:

I. Scope of Work The services and commodities to be provided by the Contractor pursuant to this Contract are defined and described in Exhibit A, Attachment I, Specifications.

II. Contract Term The initial term of Contract will be for three (3) years. The initial Contract term shall begin on

May 30, 2016, or on the last date in which it is signed by all parties, whichever is later.

III. Renewal Terms The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed three (3) years at the renewal pricing specified in the Contractor’s original submission, upon mutual agreement of the parties as set forth in the Contract.

IV. Contract This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter.

All Exhibits attached to this Contract are incorporated in their entirety and form as part of this

Contract. The Contract has the following Exhibits:

a) Exhibit A: ITB, FDC ITB-15-131

b) Exhibit B: Contractor’s pricing to ITB, FDC ITB-15-131

In case of conflict, the documents shall have priority in the order listed:

a) The Contract

b) Exhibit A: ITB, FDC ITB-15-131

c) Exhibit B: Contractor’s Pricing to ITB, FDC ITB-15-131

V. Amendments No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties. Any future amendments of the Contract, which alter the definition of the services, shall define the services in the same format as Exhibit A.

Notwithstanding the order listed in Section IV, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

VI. Contract Notices In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by email to the Contractor’s designated contact person as prescribed in Section VII.

VII. Contract Management The Department employee who is primarily responsible for maintaining the Contract

Administration file is:

Tania Zorn

Purchasing Manager

Department of Corrections

501 S. Calhoun, Suite 311

Tallahassee, FL 32399

Telephone (850) 717-3700

Email: Zorn.Tania@mail.dc.state.fl.us

The Department Contract Manager is:

Condelia Ward

Government Operations Consultant III

Facilities Management & Building Construction

Telephone (850) 717-3925

Email: Ward.Condelia@mail.dc.state.fl.us

Department of Corrections

Mailing Address:

501 S. Calhoun, Suite 311

Tallahassee, FL 32399-2500

Physical Address:

4070 Esplanade Way

Tallahassee, FL 32311 mailto:Zorn.Tania@mail.dc.state.fl.us mailto:Ward.Condelia@mail.dc.state.fl.us

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract

Manager.

The Contractor has assigned the following individuals to serve as the designated contact person for this Contract:

Primary Contact:

Stephanie Ubach, District Administrator

Brenntag Mid-South Inc.

250 Central Florida Parkway

Orlando, FL 32824

Telephone (800) 876-1727 Ext. 3213

Facsimile (407) 851-3512

Email: subach@brenntag.com

Secondary Contact:

Lisa Barnett, Sales Manager

Brenntag Mid-South Inc.

250 Central Florida Parkway

Orlando, FL 32824

Telephone (800) 876-1727 Ext. 3217

Facsimile (407) 851-3512

Email: lbarnett@brenntag.com

All questions and customer service issues concerning this Contract shall be directed to the

Contractor’s designated contacts. It will be the designated contact’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues.

The Contractor must provide written notice to the Department if a new employee is designated as the contact person for this Contract.

VIII. Termination

A. Termination at Will

This Contract may be terminated by either party at will, including due to an award under competitive procurement, upon no less than thirty (30) written calendar days 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.

mailto:subach@brenntag.com mailto:lbarnett@brenntag.com

B. Termination Because of Lack of Funds

In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than twenty-four (24) hours notice in writing to the Contractor. 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.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of thirty (30) days written notice by the Department, the Department may, by written notice to the Contractor, terminate this Contract upon twenty-four (24) hours notice. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. 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.

D. Termination Because for Unauthorized Employment

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

IX. Assignment The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department’s Contract Manager. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this

Contract to another governmental agency of the State of Florida upon giving written notice to the Contractor.

X. Subcontracts The Contractor is fully responsible for all work performed under this Contract. The Contractor may, upon receiving written consent from the Department’s Contract Manager, enter into written subcontract(s) for performance of certain functions under this Contract. No subcontract, which the Contractor enters into with respect to performance of any of its functions under this

Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. All payments to subcontractors shall be made by the Contractor.

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 Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract.

XI. Additions/Deletions During the term of the Contract, the Department reserves the right to add or delete the number of commodities or services, when considered to be in its best interest. Pricing shall be comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations.

XII. Delivery Product(s) shall be shipped as freight on board (FOB) Destination, and arrive within the time agreed upon between the Contractor and the Department after the order is placed. Deliveries must be made between 8:30 a.m. to 4:00 p.m., Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract.

XIII. Other Conditions A. Public Records Law

The Contractor agrees to: (a) keep and maintain public records that would ordinarily and necessarily be required by the Department to perform the services; (b) allow public access to records in accordance with the provisions of Chapter 119 and

945.10, F.S.; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) meet all requirements for retaining public records and transfer to the Department, at no cost, all public records in the Contractor’s possession under termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the Department’s information technology systems. The Contractor’s failure to comply with this provision shall constitute sufficient cause for termination of this Contract.

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to individual receiving services in accordance with applicable local, state, and federal laws, rules and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and state statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e. FDC staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released in writing by said Department.

C. Disputes

Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Contract Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department’s Director of Facility

Management and Building Construction. The Director of Facility Management and

Building Construction shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Contract Managers and the Contract Administrator.

D. Notices

All notices required or permitted by this Contract shall be given in writing and by hand-delivery or email to the respective parties. All notices by hand-delivery shall be deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

Both parties may change their contact information and Contract Manager by written notice given to the other party as provided above.

E. Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of the Prison Rape Elimination Act (PREA)

Federal Rule 28 C.F.R. Part 115 to the Department’s Contract Manager.

F. 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. Upon the execution of this

Contract, the Contractor shall furnish the Contract Manager written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The

Department reserves the right to require additional insurance where appropriate.

If the Contractor is a state agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any party’s liability beyond that provided in Section 768.28., F.S.

G. Employee Status

This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Department and Contractor are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor

Standards Act minimum wage and overtime payments, Federal Insurance

Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services provided by each party pursuant to this Contract shall be subject to the supervision of each party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party.

The parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities.

This Contract shall not be construed as creating any joint employment relationship between the Parties and neither party will be liable for any obligation incurred by the other party, including, but not limited to, unpaid minimum wages and/or overtime premiums.

H. Force Majeure

Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption or performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

I. Annual Appropriation

The State of Florida’s and the Department’s performances and obligations to pay for goods and services under this Contract are contingent upon an annual appropriate by the Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under this Contract.

J. Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning this Contract.

Page 1 of 29 FDC ITB-15-131

FLORIDA DEPARTMENT OF CORRECTIONS

INVITATION TO BID (ITB)

Acknowledgement Form

Page 1 of 29 pages

Jessie C. Moseley, CPPB, Procurement Officer Department of Corrections Bureau of Support Services 501 South Calhoun Street Tallahassee, FL 32399-2500 Email: purchasing@mail.dc.state.fl.us

AGENCY RELEASE DATE:

January 14, 2016

SOLICITATION TITLE: SOLICITATION NO:

GASES – CHLORINE FDC ITB-15-131

RESPONSES WILL BE OPENED: February 16, 2016 at 2:00 p.m. Eastern Time and remain valid for 180 days after such date and time.

VENDOR NAME:

VENDOR MAILING ADDRESS:

CITY – STATE – ZIP:

*AUTHORIZED SIGNATURE (MANUAL)

PHONE NUMBER:

FAX NUMBER: *PRINTED NAME AND TITLE

EMAIL ADDRESS:

FEID NO.: *This individual must have the authority to bind the Bidder.

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

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

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

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

mailto:purchasing@mail.dc.state.fl.us Dgenzxm Typewritten Text

EXHIBIT A

Page 2 of 29 FDC ITB-15-131

TABLE OF CONTENTS

TIMELINE

SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR1000)

SECTION 2.0 INSTRUCTIONS TO RESPONDENTS (PUR1001)

SECTION 3.0 INTRODUCTORY MATERIALS

3.1 Statement of Purpose

3.2 Contract Term and Renewal

3.3 Conflicts and Order(s) of Precedence

3.4 Definitions

3.5 Specifications

3.6 Estimated Quantities

3.7 Substitutions

3.8 Minimum Order

3.9 Security Requirements

3.10 Damaged Goods

SECTION 4.0 NON-TECHNICAL SPECIFICATIONS

4.1 Scope Changes after Contract Execution

4.2 Addition/Deletion of Items & Locations

4.3 Summary Reports

4.4 Delivery

4.5 Mandatory Documentation

4.6 Records and Documentation

4.7 Price Page

4.8 Purchasing Card Program (PCard)

4.9 Vendor Ombudsman

4.10 Payment and Invoicing

4.11 Contract Management

SECTION 5.0 PROCUREMENT RULES AND INFORMATION

5.1 Bidder Inquiries

5.2 Cost of Bid Preparation

5.3 Instructions for Bid Submittal

5.4 Disclosure of Bid Submittal Contents

5.5 Bid Opening

5.6 Bid Evaluation

5.7 Florida Preference

5.8 Basis of Award

5.9 Disposal of Bids

5.10 Bid Rules for Withdrawal

5.11 Addenda

5.12 Verbal Instruction Procedure/Discussions

5.13 No Prior Involvement and Conflict of Interest

5.14 State Licensing Requirements

5.15 MyFloridaMarketPlace (MFMP) Registration

5.16 Certificate of Authority

5.17 Confidential, Proprietary, or Trade Secret Material

5.18 E-Verify

5.19 Vendor Substitute W-9

5.20 Scrutinized Companies

5.21 Identical Tie Bids

5.22 Rejection of Bids

Page 3 of 29 FDC ITB-15-131

SECTION 6.0 SPECIAL CONDITIONS

6.1 State Initiatives

6.2 Subcontracts

6.3 Copyrights, Right to Data, Patents and Royalties

6.4 Independent Contractor Status

6.5 Assignment

6.6 Severability

6.7 Use of Funds for Lobbying Prohibited

6.8 Employment of Department Personnel

6.9 Legal Requirements

6.10 Insurance

ATTACHMENT I – SPECIFICATIONS

ATTACHMENT II – SECURITY REQUIREMENTS FOR CONTRACTORS

ATTACHMENT III – DELIVERY LOCATIONS

ATTACHMENT IV – PRICE PAGE

ATTACHMENT V – PURCHASE ORDER TERMS AND CONDITIONS

Page 4 of 29 FDC ITB-15-131

TIMELINE

FDC ITB-15-131

EVENT DATE/TIME LOCATION

Release of ITB

1/14/2016

Vendor Bid System:

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

Last day for written inquires to be received by the Department

1/26/2016 by 5:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Jessie C. Moseley, CPPB, Procurement Officer Email: purchasing@mail.dc.state.fl.us

Estimated

Posting of written responses to written inquires

2/3/2016 http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Bids Due and Opened

2/16/2016 at 2:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Jessie C. Moseley, CPPB, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399-2500

Estimated Posting of

Recommended Award

3/3/2016 http://vbs.dms.state.fl.us/vbs/main_menu

Page 5 of 29 FDC ITB-15-131

SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR1000)

1.1 The General Contract Conditions are outlined in form PUR 1000 which is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within form PUR 1000. There is no need to return this document with the response. http://dms.myflorida.com/content/download/2933/11777.

SECTION 2.0 INSTRUCTIONS TO RESPONDENTS (PUR1001)

2.1 The General Instructions to Respondents are outlined in form PUR 1001 is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within form PUR 1001. There is no need to return this document with the response. http://dms.myflorida.com/content/download/2934/11780.

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, for the provision of chlorine gas to various correctional institutions throughout the State of Florida, as specified by the Florida Department of Corrections (Department). The Department is issuing this solicitation to establish an Agency Term Contract (ATC). The successful Bidder shall furnish the product specified or an approved equivalent.

3.2 Contract Term and Renewal

As a result of this ITB, the lowest responsive and responsible Bidder will be awarded a three (3) year Agency Term Contract, which may be renewed, for up to three (3) renewal years, or portions thereof, in accordance with Section 287.057(13), Florida Statutes (F.S.), at the same prices, terms, and conditions.

Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP) purchase orders.

3.3 Conflicts and Order(s) of Precedence

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

a) Addenda, in reverse order of issuance

b) Invitation to Bid, including attachments

c) General Contract Conditions (Form PUR 1000) (Section 1.1)

d) General Instructions to Respondents (Form PUR 1001) (Section 2.1)

3.4 Definitions

The following terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

Bid: A Bidder’s response to this ITB, which the Bidder shall submit on approved forms.

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

Contract: The agreement which results from this ITB, between the awarded Bidder and the Department.

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

http://dms.myflorida.com/content/download/2933/11777 http://dms.myflorida.com/content/download/2934/11780

Page 6 of 29 FDC ITB-15-131

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, and verifiable detail in Attachment I, Specifications.

Department: The Florida Department of Corrections (FDC).

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

Material Deviations: The Department has established certain requirements with respect to bids 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 is not material. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with the 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 determining a bid non-responsive.

Minor Irregularity: A variation from the ITB terms and conditions, not affecting the price, or giving the Bidder an advantage or benefit not enjoyed by other Bidders; does not adversely impact the interests of the Department. A minor irregularity will not result in a rejection of a bid.

OSHA: The Occupational Safety and Health Administration

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

Responsible Vendor: A Bidder who has the capability to fully perform all aspects of the resultant Contract requirements, and the integrity and reliability that will assure good faith performance.

Responsive Bid: A bid, submitted by a responsible Bidder that conforms to all material aspects of the solicitation.

Specifications: The conditions of the Contract, detailed technical specifications, and other descriptions of the work, as set forth in the Contract documents.

Subcontract: An agreement between the Bidder and any other person, or organization, wherein that person or organization agrees to perform any requirements for the contracted Bidder, specifically related to securing, or fulfilling, the Bidder’s obligations to the Department, under the terms of the Contract resulting from this ITB.

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

3.5 Specifications

The technical specifications, to be utilized and followed when performing work under this ITB, and resulting Contract, are indicated in Attachment I, Specifications.

3.6 Estimated Quantities

The chart below estimates the number of cylinders to be purchased annually under the Contract resulting from this ITB. The quantities listed are given only as a guideline for preparing a bid, and should not be construed as representing actual quantities to be purchased.

Page 7 of 29 FDC ITB-15-131

FACILITY ESTIMATED ANNUAL USAGE OF CYLINDERS

Region I Chlorine Gas 150# Total Usage

Apalachee Correctional Institution (CI) 12

Gulf CI 40

Jackson CI 30

Jefferson CI 55

Liberty CI 30

Northwest Florida Reception Center (NWFRC) 50

Okaloosa CI 24

Taylor CI 30

Walton CI 25

Total for Region I 296

Region II

Total Usage

Baker CI 35

Columbia CI 100

Florida State Prison (FSP) 220

Lancaster CI 30

Lowell CI 20

Reception and Medical Center (RMC) 20

Total for Region II 425

Region III

Total Usage

Charlotte CI 72

Hardee CI 72

Lake CI 84

Martin CI 144

Okeechobee CI 90

Total for Region III 462

3.7 Substitutions

The 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, may be returned at the Bidder’s expense, and may lead to termination of the Contract.

In the event the product specified can no longer be provided for reasons beyond the Bidder’s control (i.e.

product discontinuance), the Bidder shall provide an alternate product request to the Department’s Contract Administrator. The substituted product must meet (or exceed) all terms, conditions, and specifications applicable to the originally specified product. A product sample for review may be required by the Department prior to acceptance.

3.8 Minimum Order

There is no minimum order.

3.9 Security Requirements

For services performed under the resultant Contract, the successful Bidder, and their employees and agents, shall adhere to the Security Requirements for Contractors, Attachment II.

Page 8 of 29 FDC ITB-15-131

3.10 Damaged Goods

The Bidder shall be responsible for filing, processing, and collecting all claims for damages. However, to assist the Bidder in the expeditious handling of these claims, the Department’s 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 Bidder with a copy of the carrier’s Bill of Lading, and Damage Inspection Report.

SECTION 4.0 NON-TECHNICAL SPECIFICATIONS

4.1 Scope Changes after Contract Execution

During the term of the Contract, the Department may unilaterally require changes (altering, adding to, or deducting from the specifications) provided such changes are within the general scope of this solicitation.

The Bidder may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department.

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

4.2 Addition/Deletion of Items & Locations

The Department reserves the right to add or delete the number of commodities or services, in the resulting Contract, when considered to be in the State’s best interest. Pricing shall be comparable to amounts awarded as a result of this ITB. Further, the Department reserves the right to add or delete institutions and satellite facilities to the list of delivery locations in Attachment III.

4.3 Summary Reports

The Bidder shall provide the Department a report of contract sales at the end of each quarter (March, June, September and December). 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 to date. The Department may, at its discretion, develop the format the Bidder must use for reporting. Any report format developed by the Department shall be incorporated into, and shall become a part of, the original Contract. A summary report shall also be required for time periods 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.

4.4 Delivery

Product(s) shall be shipped as freight on board (FOB), and arrive within the time agreed upon between the ordering institution and the Bidder after the order is placed. Deliveries must be made between 8:30

Page 9 of 29 FDC ITB-15-131 am to 4:00 pm, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract.

Delivery dates, times, and pick-ups of empty containers will be coordinated between the institution and the Bidder. See Attachment III, Delivery Locations, for location of the facilities. You may also go to http://www.dc.state.fl.us/facilities/ to view the regional maps.

4.5 Mandatory Documentation

All Bidders must submit the following mandatory documentation with their bid:

Price Page – Attachment IV

Florida Preference Letter, as outlined in Section 5.7, if applicable

4.6 Records and Documentation

Information associated with the Bidder’s provision of service under the resulting Contract, or generated as a result the Contract, meets the definition of “public record”, as defined in Section 119.011(1), F.S., and is recognized by the parties to be a public record. Absent a provision of law, administrative rule, or regulation requiring otherwise, this information shall be made available for inspection, and copying, by any person, upon request, as provided in Article I, Section 24, Fla. Constitution and Chapter 119, F.S. The Bidder agrees to: (a) keep and maintain public records that would ordinarily, and necessarily, be required by the Department when providing the contracted service; (b) allow the Department, and public, access to records in accordance with the provisions of Chapter 119 and Section 945.10, F. S.; (c) ensure that public records which are exempt from public records disclosure requirements, or are confidential, are not disclosed, except as authorized by law; and (d) meet all requirements for retaining public records, and transferring them to the Department, at no cost. All records stored electronically must be provided to the Department in a format compatible with the Department’s information technology (IT) systems. 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 Bidder for a period of five (5) years after the end of the resulting Contract, or any renewal or extension period of the Contract, if applicable. The Bidder’s failure to comply with these provisions shall constitute sufficient cause for Contract termination.

The 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 improper disclosure of confidential information. The Bidder also promises to defend the Department against the same at its expense.

4.7 Price Page

The Bidder shall complete, sign, date, and return the page, entitled Price Page. By submitting a bid(s) under this ITB, each Bidder warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Bidder can offer the State. Any modifications, counter offers, deviations, or challenges will not be accepted, and may render the bid non-responsive.

If a submitted Price Page includes inconsistencies, inaccuracies, or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail.

4.8 Purchasing Card Program (PCard)

The State of Florida has implemented a PCard, using the Visa platform. Upon mutual agreement of both parties, the Bidder may receive payments via the PCard 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.

http://www.dc.state.fl.us/facilities/ http://www.dms.myflorida.com/

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4.9 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, 1-800-342-2762.

4.10 Payment and Invoicing

The Contract resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Bidder for the delivery of equipment and services, as specified on the Price Page, Attachment IV. All charges must be billed in arrears in accordance with Section 215.422, F.S. The Department requires a single invoice, on a monthly billing cycle, for equipment and services provided. The Bidder must include any and all supporting documentation, as well as the Bidder’s name, mailing address, tax identification (ID) number/FEIN, Contract number, and dates of service.

4.11 Contract Management

4.11.1 Department’s Contract Manager

The Contract Manager for this Contract will be:

Chief, Office of Facility Maintenance and Building Construction Department of Corrections

Mailing Address:

501 S. Calhoun Street Tallahassee, Florida 32399-2500

Physical Address:

4070 Esplanade Way Tallahassee, Florida 32311

The Contract Manager will:

A. Serve as the liaison between the Department and the Bidder;

B. Verify receipt of the deliverables from the Bidder, if applicable;

C. Submit requests for change orders, if applicable;

D. Review, verify, and approve invoices from the Bidder, if applicable;

E. Communicate with the Contract Administrator to process all amendments, renewals and termination of the Contract; and

F. Evaluate Contractor performance. This evaluation will be placed on file and will be considered if the Contract is subsequently used as a reference in future procurements.

The Contract Manager may delegate the following functions to the designated Department staff:

A. Verification of deliverables received from the Contractor;

B. Monitoring the Contractor’s performance; and

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C. Reviewing, verification and approval of invoices.

4.11.2 Contract Administrator

The Bureau of Contract Management and Monitoring, Contract Administrator will perform the following functions:

A. Maintain the Contract Administration file, which is the official Contract file of record;

B. Process all Contract amendments, renewals and requests for termination; and

C. Maintain the official records of all formal correspondence between the Department and the Contractor provided by the Contract Manager for filing in the Contract Administration file.

SECTION 5.0 PROCUREMENT RULES AND INFORMATION

5.1 Bidder Inquiries

Questions related to this ITB must be received in writing, via email, by the Procurement Officer 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.

Responses to questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline. The VBS is located at: http://vbs.dms.state.fl.us/vbs/main_menu.

Procurement Officer Contact Information Jessie C. Moseley, CPPB, Procurement Officer Florida Department of Corrections Bureau of Support Services Email: purchasing@mail.dc.state.fl.us

Between the release of the solicitation, and the end of the seventy-two (72) hour period following posting of notice of intention to award (the seventy-two (72) hour period excludes Saturdays, Sundays, and State holidays), Bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response, Section 287.057(23), F. S.

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

(TDD).

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

5.2 Cost of Bid Preparation

Neither the Department, nor the State of Florida, is liable for any costs incurred by a Bidder in response to this ITB.

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5.3 Instructions for Bid Submittal

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

Bids may be sent by U.S. Mail, Courier, Overnight, or hand delivered to the location indicated in the Timeline. Electronic submission of bids will not be accepted for the ITB.

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

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

Late bids will not be accepted.

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

Submit one (1) original bid, and one electronic copy in pdf format on CD. The electronic copy must contain the entire bid, as submitted, including all supporting and signed documents. If the Bidder submits a redacted copy of the bid, as outlined in Section 5.17, the Bidder should submit one (1) redacted hard copy and one (1) redacted electronic copy of their bid in pdf format (in addition to the non-redacted version), on CD. The CD’s submitted should not be password protected.

5.4 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.

5.5 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Bid responses received late (after bid opening date and time) will not be accepted, nor considered, and modification by the Bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if 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 Officer.

5.6 Bid Evaluation

Bids that do not meet the requirements specified in this ITB may be considered non-responsive. The Department reserves the right to accept, or reject, any and all responses, or separable portions thereof, and to waive any minor irregularity, technicality, or omission, if the Department determines that doing so will serve the State’s best interests. The Department may reject any response not submitted in the manner specified by the solicitation documents.

5.7 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 letter from an attorney at law licensed to practice law, in the State where their principal place of business is located, describing the preferences granted by that State (if any) to its own business entities in the award of public contracts. The

Page 13 of 29 FDC ITB-15-131 written document must identify either the preference granted or contain a statement specifying that no preferences are granted.

When the lowest responsible and responsive bid is submitted by a Bidder whose principal place of business is located outside the state of Florida, a five percent (5%) price preference shall be awarded, unless the State where the out-of-state Bidder is located provides a different price preference for businesses having a principal place of business in that State. In that case, the same price preference shall be awarded to the lowest responsible and responsive Bidder whose principal place of business is located in the State of Florida responding to this competitive solicitation.

5.8 Basis of Award

A single award shall be made to the lowest responsive, responsible Bidder with the lowest cumulative, Grand Total Price Statewide, as specified on the Price Page, Attachment IV. The Bidder is required to bid all regions in order for their bid to be considered responsive.

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.

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

5.9 Disposal of Bids

All bids become the property of the State of Florida and will be a matter of public record, subject to the provisions of Chapter 119, F.S.

5.10 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the Bidder, and must be received within seventy-two (72) hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for one hundred and eighty (180) days from the bid submission date, unless a different amount of time is indicated on the ITB Acknowledgement Form (Page 1).

5.11 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, information will be posted on the Florida Vendor Bid System (http://vbs.dms.state.fl.us/vbs/main_menu). Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

5.12 Verbal Instruction Procedure/Discussions

The Bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any State employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the State. Additionally, only written communications from a Bidder are recognized as duly authorized expressions on behalf of the Bidder. Any discussion by a Bidder with any employee, or 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.

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5.13 No Prior Involvement and Conflict of Interest

Section 287.057(17)(c), F.S., provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest in not eligible to receive such contract.

However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the 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, auditing, or functioning in any other advisory capacity.

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. Officers, agents, or employees of the Department shall not 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 conflicts in any manner, or degree, with the performance of the services required under this ITB.

5.14 State Licensing Requirements

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

5.15 MyFloridaMarketPlace (MFMP) Registration

Each Bidder doing business with the State of Florida as defined in Section 287.012. F.S., must register in the MFMP Vendor Information Portal (VIP) system, unless exempted under Rule 60A-1.030, Florida Administrative Code (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 Bidder not registered in the MFMP VIP system, unless exempted by Rule. A Bidder not currently registered in the MFMP VIP system shall do so within 5 days of award.

Registration may be completed at: http://vendor.myfloridamarketplace.com. Those needing assistance may contact the MFMP Customer Service Desk at 866-352-3776 or vendorhelp@myfloridamarketplace.com.

5.16 Certificate of Authority

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

5.17 Confidential, Proprietary, or Trade Secret Material

The Department takes its public records responsibilities as…