CN-700000-16010.pdf

Agency Term Contract

ATC-16-010

Food Service Small Ware Items/Kitchen Equipment

Between the Florida Department of Corrections and Calico Industries of Florida LLC

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

Calico Industries of Florida LLC (Contractor).

The Contractor responded to the Department’s Invitation to Bid (ITB), No: FDC ITB-15-132, Food Service Small Ware Items/Kitchen Equipment. The Department has accepted the

Contractor’s bid, pricing, terms, and conditions, 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, or portions thereof, 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: FDC ITB-15-132 and all Addenda

b) Exhibit B: Contractor’s pricing to FDC ITB-15-132

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

a) The Contract

b) Exhibit A: FDC ITB-15-132 and all Addenda

c) Exhibit B: Contractor’s Pricing

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

Bureau of Support Services

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:

Shane Phillips, Bureau Chief

Bureau of Contract Management & Monitoring

Department of Corrections

501 S. Calhoun, Suite 311

Tallahassee, FL 32399-2500

Telephone (850) 717-3700

Email: Phillips.Shane@mail.dc.state.fl.us mailto:Zorn.Tania@mail.dc.state.fl.us mailto:Phillips.Shane@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:

Christopher Hartnett, Sr. Dir./Bids & Contracts

Calico Industries of Florida LLC

1609 Cherrywood Lane

Longwood, FL 32750

Telephone (800) 638-0828

Facsimile (321) 206-7070

Email: bids@calicoindustriesfl.com

Secondary Contact:

Art Stewart, Sales Manager of Florida

Calico Industries of Florida LLC

1609 Cherrywood Lane

Longwood, FL 32750

Telephone (800) 638-0828

Facsimile (321) 206-7070

Email: astewart@calicoindustriesfl.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.

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 mailto:bids@calicoindustriesfl.com mailto:astewart@calicoindustriesfl.com 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. 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.

XII. 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.

XIII. 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.

XIV. 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 Director, Office of Administration.

The Director, Office of Administration, 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 30 FDC ITB-15-132

FLORIDA DEPARTMENT OF CORRECTIONS

INVITATION TO BID (ITB)

Acknowledgement Form

Page 1 of 30 pages Jessie C. Moseley, CPPB, Procurement Officer Department of Corrections Bureau of Support Services 501 South Calhoun Street Tallahassee, FL 32399-2500 Email: moseley.jessie@mail.dc.state.fl.us

AGENCY RELEASE DATE:

February 5, 2016

SOLICITATION TITLE: SOLICITATION NO:

Food Service Small Ware Items/Kitchen Equipment FDC ITB-15-132

RESPONSES WILL BE OPENED: March 10, 2016 at 2:00 p.m., Eastern Time (E.T.)

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:moseley.jessie@mail.dc.state.fl.us Dgenzxm Typewritten Text

EXHIBIT A

Page 2 of 30 FDC ITB-15-132

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 Damaged Goods

SECTION 4.0 NON-TECHNICAL SPECIFICATIONS

4.1 Scope Changes after Contract Execution

4.2 Addition/Deletion of Items

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 Samples

4.12 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 Basis of Award

5.8 Disposal of Bids

5.9 Bid Rules for Withdrawal

5.10 Addenda

5.11 Verbal Instruction Procedure/Discussions

5.12 No Prior Involvement and Conflict of Interest

5.13 State Licensing Requirements

5.14 MyFloridaMarketPlace (MFMP) Registration

5.15 Certificate of Authority

5.16 Confidential, Proprietary, or Trade Secret Material

5.17 E-Verify

5.18 Vendor Substitute W-9

5.19 Scrutinized Companies

5.20 Identical Tie Bids

5.21 Rejection of Bids

5.22 Florida Preference

Page 3 of 30 FDC ITB-15-132

5.23 Inspector General

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 – PRICE PAGE

ATTACHMENT II – PURCHASE ORDER TERMS AND CONDITIONS

ATTACHMENT III – DELIVERY LOCATIONS

Page 4 of 30 FDC ITB-15-132

TIMELINE

FDC ITB-15-132

EVENT DATE/TIME LOCATION

Release of ITB

2/5/2016

Vendor Bid System:

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

Last day for written inquires and requests for approved equivalents to be received by the

Department

2/15/2016 Prior to 5:00 P.M.

Eastern Time (E.T.)

Submit to:

Florida Department of Corrections Jessie C. Moseley, CPPB, Procurement Officer Reference Bid #FDC ITB-15-132 Email: purchasing@mail.dc.state.fl.us

Anticipated Posting of written responses to written inquires

2/29/2016 http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Bids Due and Opened

3/10/2016 at 2:00 P.M.

Eastern Time (E.T.)

Submit to:

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

Anticipated Posting of Recommended

Award

3/29/2016 http://vbs.dms.state.fl.us/vbs/main_menu mailto:purchasing@mail.dc.state.fl.us

Page 5 of 30 FDC ITB-15-132

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, to provide food service small ware items/kitchen equipment, as specified by the Florida Department of Corrections (Department), for delivery to various institutions throughout the State of Florida. The Department is issuing this solicitation to establish a new Agency Term Contract (ATC). The successful Bidder shall furnish the product specified or an agency approved equivalent.

3.2 Contract Term and Renewal

As a result of this ITB, the lowest responsive, and responsible Vendor 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 will be accomplished through 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:

Agency Term Contract: A written master agreement between the Department and awarded Bidder that is mandatory for use by the entire Department and will be used to issue purchase orders from, when the need for good or services as stated herein, are required by the Agency.

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

Breach of Contract: A failure of the vendor(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.

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

Page 6 of 30 FDC ITB-15-132

Contractor: The organization or individual providing services to the Department, in accordance with the terms of the Contract which results 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, and verifiable detail in Attachment 1, Price Page.

Department or Owner: The Florida Department of Corrections, or FDC.

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 reviewed further.

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 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 determining a bid non-responsive.

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

PCard: 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 other descriptions of the work as are set forth in any of the Contract documents.

Subcontract: An agreement entered into by the Vendor with any other person or organization that agrees to perform any performance obligation for the primary vendor specifically related to securing or fulfilling the vendor’s obligations to the Department under the terms of the Contract or purchase order 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 specifications for the items to be utilized under this ITB and resulting Contract are indicated in Attachment I, Price Page.

All products must be bid as specified, unless a Vendor submits a request for an approved equivalent and the Department approves. Requests for equivalent products should be submitted along with Vendor questions, per the timeline. Approved equivalents will be posted along with the Department’s official answers.

3.6 Estimated Quantities

Estimated annual quantities are listed on Attachment I, Price Page. 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.

Page 7 of 30 FDC ITB-15-132

3.7 Substitutions

The Vendor 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 Vendor’s expense, and may cause termination of the Contract.

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

3.8 Minimum Order

The Department intends that the minimum order placed under the resultant Contract shall be $250.00. However, orders received that are less than the minimum order value shall be provided at the Contract rate, shipped prepaid with actual transportation costs added to the invoice as a separate item.

3.9 Damaged Goods

The Vendor shall be responsible for filing, processing, and collecting all damage claims. However, to assist the Vendor in the expeditious handling of damage claims, the ordering office will:

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

2. Report damage (visible or concealed) to the carrier, and contract supplier, confirming such reports, in writing, within fifteen (15) days of delivery, requesting that the carrier inspect the damaged merchandise.

3. Retain the item and its shipping container, including inner packing material, until inspection is performed by the carrier, and disposition given by the Contract supplier.

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

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 that such changes are within the general scope of this solicitation.

The Vendor may request an equitable adjustment in the prices or delivery date 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 Vendor thirty (30) days in advance of any Department required changes to the technical specifications and/or scope of service that affect the Vendor’s ability to provide the service as specified herein.

Any changes, other than purely administrative changes, will require a written change order or formal Contract amendment.

4.2 Addition/Deletion of Items

The Department reserves the right to add or delete any item from this bid or resulting Contract, when deemed 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, Delivery Locations.

4.3 Summary Reports

The Vendor shall furnish the Department a summary report of contract sales within thirty (30) days of the end of each calendar quarterly period for the prior quarter. The report shall summarize, at a minimum: total number 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.

Page 8 of 30 FDC ITB-15-132

The Department may, at its discretion, develop the exact format the Vendor 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.

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 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, or navigate 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 submittal:

Price Page – Attachment I

Florida Preference letter, as outlined in Section 5.22, if applicable

4.6 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 Section 119.011(1), F.S., said information is 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. The Vendor agrees to: (a) keep and maintain public records that would ordinarily and necessarily be required by the Department to perform the contracted service; (b) allow the Department and the public access to records in accordance with the provisions of Chapter 119 and Section 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;

and (d) meet all requirements for retaining public records and transfer to the Department, at no cost, all public records in the Vendor’s possession upon 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. 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 termination of the resulting Contract or longer as may be required by any renewal or extension of the Contract. The Vendor’s failure to comply with these provisions shall constitute sufficient cause for termination of this Contract.

The Vendor 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

4.7 Price Page

The Bidder shall complete, sign, date, and return Attachment I, Price Page. 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 the Bidder can offer to the State. Any modifications, counter offers, deviations, or challenges may render the bid non-responsive.

If a submitted Price Page includes inconsistencies or 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.

http://www.dc.state.fl.us/facilities/

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4.8 Purchasing Card Program (PCard)

The State of Florida has implemented a PCard, using the Visa platform. Upon mutual agreement of both parties, Vendors 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.

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, 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 items, as specified on Attachment I, Price Page. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Department requires a single invoice, per purchase order, with supporting documentation, which shall include the Vendor’s name, mailing address, tax ID number/FEIN, Contract number, and dates of delivery.

4.11 Samples

If a substitute item is bid, the Department may request a sample to be submitted for review. Any samples requested must be furnished free of expense. Each individual sample must be labeled with bidders name, manufacturer’s brand name and number, bid number, and item reference. If not destroyed, samples may, upon request, be returned at the bidder’s expense.

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.

4.12 Contract Management

4.12.1 Department’s Contract Manager

The Contract Manager for this Contract will be:

Operations Manager, Bureau of Contract Management & Monitoring 501 S. Calhoun Street Tallahassee, Florida 32399-2500

The Contract Manager will perform the following functions:

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

B. Submit requests for change orders, if applicable;

C. Direct the Contract Administrator to process all amendments, renewals, and termination of this Contract;

and

D. Evaluate Contractor performance upon completion of the overall Contract. 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. Verify receipt of deliverables from the Contractor;

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B. Review, verify and approve invoices from the Contractor.

4.12.2 Contract Administrator

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

A. Maintain the official Contract Administration files;

B. Process all Contract amendments, renewals and termination of the Contract; 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. Questions must reference FDC ITB-15-132. 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.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 Vendor in responding to this ITB.

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.

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

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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 should 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 5.16, the Bidder should submit one (1) redacted hard copy and one (1) electronic copy of their redacted bid in pdf format (in addition to the non-redacted version), on CD. The submitted CD’s 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 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 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 its best interests. The Department may reject any response not submitted in the manner specified by the solicitation documents.

5.7 Basis of Award

An award shall be made to the lowest responsive, responsible Bidder offering the lowest Grand Total for each group of items indicated on Attachment 1, Price Page.

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

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

5.8 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.

5.9 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department, signed by an

Page 12 of 30 FDC ITB-15-132 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, unless a different amount of time is indicated on the ITB Acknowledgement Form (Page 1).

5.10 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 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.

5.11 Verbal Instruction Procedure/Discussions

The Vendor 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 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 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.

5.12 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 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.

The Vendor 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 Vendor. 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 Vendor 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.

5.13 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.

5.14 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 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 Vendor not registered in the MFMP VIP system, unless exempted by rule. A Vendor not currently registered in the MFMP VIP system shall do so within five (5) days of award.

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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.

5.15 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.

5.16 Confidential, Proprietary, or Trade Secret Material

The Department takes its public records responsibilities as provided under Chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously.