CN-700000-17014.pdf

Agency Term Contract

ATC-17-014

Farm Food Products

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 Howard

Fertilizer & Chemical Company, Inc. (Contractor).

The Contractor responded to the Department’s Invitation to Bid (ITB), No: FDC ITB-15-133, Farm

Food Products. 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 Exhibits A and B.

II. Contract Term

The initial term of Contract will be for three years. The initial Contract term shall begin on October

1, 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 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 documents are listed below, in their order of precedence:

a) The Contract

b) Exhibit A: FDC ITB-15-133 and all Addenda

c) Exhibit B: Contractor’s Pricing to FDC ITB-15-133

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:

ATC Administrator

Bureau of Procurement

Department of Corrections

501 S. Calhoun Street, Suite 311

Tallahassee, FL 32399

Telephone (850) 717-3700

Email: Purchasing@fdc.myflorida.com

The Department Contract Manager is:

John Melton, Operations Manager

Bureau of Contract Management & Monitoring

Department of Corrections

501 S. Calhoun Street, Suite 313

Tallahassee, FL 32399-2500

Telephone (850) 717-3679

Email: John.Melton@fdc.myflorida.com

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:

mailto:Purchasing@fdc.myflorida.com mailto:John.Melton@fdc.myflorida.com

Donovan Sykes, Business Manager

Howard Fertilizer & Chemical Company, Inc.

283 Jefferson Avenue East

Immokalee, FL 34142

Telephone (901) 569-2824

Email: dsykes@howardfert.com

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

Contractor’s designated contact. 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 30 written calendar days notice, unless a shorter time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery.

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 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 30 days written notice by the Department, the Department may, by written notice to the Contractor, terminate this Contract upon 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.

mailto:dsykes@howardfert.com

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 will be handled in accordance with

Section 2.1 of Exhibit A.

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

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (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 for the duration of the contract term and following completion of the Contract if the Contractor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to §287.058(1)(c), F.S, the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from §24(a) of Art. I of the State Constitution and §119.07(1), F.S.

If the Contractor has questions regarding the application of

Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this Contract, contact the custodian of public records at:

Florida Department of Corrections ATTN: Public Records Unit 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3605 Fax: (850) 922-4355 Email: CO.PublicRecords@fdc.myflorida.com http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html mailto:CO.PublicRecords@fdc.myflorida.com

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 Manager. 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 Manager 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.

Page 1 of 72 FDC ITB-15-133

INVITATION TO BID (ITB)

FOR

FARM FOOD PRODUCTS

FDC ITB-15-133

RELEASED ON

June 20, 2016

By the:

Florida Department of Corrections

Office of Administration

Bureau of Support Services

501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to

Procurement Officer:

Allegra Small purchasing@mail.dc.state.fl.us

Exhibit A mailto:purchasing@mail.dc.state.fl.us

Page 2 of 72 FDC ITB-15-133

TABLE OF CONTENTS

TIMELINE

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

1.2 Contract Term and Renewal

1.3 Conflicts and Order(s) of Precedence

1.4 Definitions

1.5 Specifications

1.6 Substitutions

1.7 Minimum Order

1.8 Damaged Goods

SECTION 2.0 NON-TECHNICAL SPECIFICATIONS

2.1 Modifications after Contract Execution

2.2 Addition/Deletion of Items

2.3 Summary Reports

2.4 Damage to Property

2.5 Mandatory Documentation

2.6 Records and Documentation

2.7 Price Page

2.8 Payment and Invoicing

2.9 Purchasing Card Program (PCard)

2.10 Vendor Ombudsman

2.11 Contract Management

SECTION 3.0 PROCUREMENT RULES AND INFORMATION

3.1 Instructions to Respondents (PUR1001)

3.2 Bidder Inquiries

3.3 Cost of Bid Preparation

3.4 Instructions for Bid Submittal

3.5 Disclosure of Bid Submittal Contents

3.6 Bid Opening

3.7 Bid Evaluation

3.8 Florida Preference

3.9 Basis of Award

3.10 Disposal of Bids

3.11 Bid Rules for Withdrawal

3.12 Rejection of Bid

3.13 Protest Procedures

3.14 Addenda

3.15 Verbal Instruction Procedure/Discussions

3.16 No Prior Involvement and Conflict of Interest

3.17 State Licensing Requirements

3.18 MyFloridaMarketPlace (MFMP) Registration

3.19 Certificate of Authority

3.20 Confidential, Proprietary, or Trade Secret Material

3.21 E-Verify

3.22 Vendor Substitute W-9

3.23 Scrutinized Companies

3.24 Identical Tie Bids

3.25 Inspector General

Page 3 of 72 FDC ITB-15-133

SECTION 4.0 SPECIAL CONDITIONS

4.1 General Contract Conditions (PUR1000)

4.2 State Initiatives

4.3 Subcontracts

4.4 Copyrights, Right to Data, Patents and Royalties

4.5 Independent Contractor Status

4.6 Assignment

4.7 Severability

4.8 Use of Funds for Lobbying Prohibited

4.9 Employment of Department Personnel

4.10 Legal Requirements

4.11 Insurance

ATTACHMENT I – PRICE PAGE

ATTACHMENT II – RESPONDENT’S CONTACT INFORMATION

ATTACHMENT III – FACILITY LOCATIONS

ATTACHMENT IV - PURCHASE ORDER TERMS AND CONDITIONS

ATTACHMENT V – CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM

[Remainder of Page Intentionally Left Blank]

Page 4 of 72 FDC ITB-15-133

TIMELINE

FDC ITB-15-133

EVENT DATE LOCATION

Release of ITB

June 20, 2016

Vendor Bid System:

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

Pre-Bid Conference

(Non-Mandatory)

June 28, 2016 at 1:00 p.m., Eastern Time

501 South Calhoun Street, Room 311C Tallahahassee, Florida 32399

Call-in number: 888-670-3525 Participant Code: 1603048419

Last day for written inquires to be received by the Department

July 8, 2016 Prior to 5:00 p.m., Eastern Time

Submit to:

Allegra Small, Procurement Officer Email: purchasing@mail.dc.state.fl.us

Anticipated Posting of written responses to written inquires

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

Sealed Bids Due and Opened

August 10, 2016 Prior to 2:00 p.m., Eastern Time

Submit to:

Allegra Small, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399-2500

Anticipated Posting of Recommended

Award

August 31, 2016

Page 5 of 72 FDC ITB-15-133

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

In accordance with Chapter 287, Florida Statutes (F.S.), this Invitation to Bid (ITB) is being issued for the purpose of soliciting competitive bids, from qualified, responsive, and responsible Bidders to provide Fertilizer, Seed, Plants, Chemicals, and Packaging for delivery to various correctional institutions throughout the State of Florida. The Department is issuing this solicitation to establish a new resultant Agency Term Contract. The successful Bidder shall furnish the products specified or an approved equivalent. Submittal of requests for approved equivalents must be submitted in writing to purchasing@mail.dc.state.fl.us prior to the deadline for questions included on the Timeline.

1.2 Contract Term and Renewal

The initial term of any Contract resulting from this ITB shall be for a three (3) year period. By mutual agreement between the Department and the successful Bidder(s), the Contract(s) may be renewed up to three (3) renewal years, or any portion thereof. The renewal shall be contingent, at a minimum, on the satisfactory performance of the Contract by the successful Bidder(s) as determined by the Department, and subject to the availability of funds. If the Department desires to renew the Contract from this ITB, it will provide written notice to the successful Bidder(s) no later than thirty (30) days prior to the Contract expiration date. Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP) purchase orders.

1.3 Conflicts and Order(s) of Precendence

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 4.1)

d) General Instructions to Respondents (Form PUR 1001) (Section 3.1)

1.4 Definitions

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

Agency Term Contract (ATC): A written master agreement between the Department and awarded Bidder, that is mandatory for use by the entire Department, under which purchase orders will be issued.

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 services, or provide commodities, in accordance with the terms and conditions of the Contract which may result from this ITB.

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

Department: The Florida Department of Corrections (FDC).

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

Page 6 of 72 FDC ITB-15-133

Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Bidder to be considered 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. 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, 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.

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

Responsible Bidder: 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, which conforms to all material aspects of the solicitation.

Specifications: The detailed 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 requirement(s) for the 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, in response to this ITB.

1.5 Specifications

The specifications to be followed in performing work in accordance with this ITB, and resulting Contract, are indicated below. Any and all packaging, handling, shipping and delivery, environmental, and fuel service charges shall be included in prices bid.

1.5.1 Product Categories

1.5.1.1 Fertilizers

The Department’s primary use of all fertilizers is vegetable production in its Edible Crops Program. Typical crop length is no longer than 90 days; therefore, the use of extended release nitrogen sources should be avoided for vegetable fertilizer. Citrus fertilizer shall include slow release nitrogen source, and the materials list (Batch Sheet) shall include the type and release duration of the nitrogen source.

The Department reserves the right to request Bidders Batch Sheet(s) to verify materials used in the fertilizers being provided to the Department. All delivered fertilizer may be subjected to random, independent, field testing of internal ingredients. Any and all additional fees, such as the State Nitrogen Fee, shall be included in the bid price.

Page 7 of 72 FDC ITB-15-133

Items needed include:

1. Formula Fertilizer, Liquid – Farm Use

2. Formula Fertilizer, Dry – Farm Use

3. Formula Fertilizer, Lime, High Magnesium and High Calcium – Farm Use

Items bid for DRY fertilizer shall include the nutrient materials used in the formulation. Emphasis should be placed on ensuring clean fertilizers (low dust) are provided, including periled materials to assist in low dust. For all granular blended (NPK) fertilizers, the following are required to achieve guaranteed analysis:

- Ammonium Nitrate 34-0-0

- Triple (GR) 0-46-0

- SOP Brown 0-0-50

- K-MAG Premium 0-0-22

- Granubor 15% (GR) 32Mn

- Tecmangam Grn 32%

- Zinc Sulfate* 35%

- Copper Sulfate 25.2% CU

- Iron Sulfate* 30%

- Filler-Phosphate Rock

*Sulfur will be added, where needed, as specified by bid fertilizer analysis.

1.5.1.2 Seed

Bidders shall provide pricing for the following types of seeds: Turnip, Collard, Zucchini, Squash, Cucumber, Okra, Eggplant, Bell Pepper, Legume, Watermelon, Tomato, Corn, Green Bean, Grape Tomato, Pea, Cowpea, Cherry Tomato, Cantaloupe, Cabbage, Onion, Broccoli, Lettuce, Mustard, Carrot, Pinkeye Peas, Black-eye Peas, Jalapeno Pepper, and Rutabaga, as specified in Attachment I, Price Page.

Vegetable seeds will meet or exceed minimum requirements set by the Florida Department of Agriculture and Consumer Services, and include the most recent guaranteed germination test date and test results.

1.5.1.3 Plants

Bidders shall provide pricing for Vegetable Transplants, Sweet Potato Plants, and Citrus Plants, as specified in Attachment I, Price Page.

Vegetable Transplants must be quoted in the cell size 1 ¼” x 1 ¼”. Plants must be delivered in plant boxes; grow trays will not be allowed. Citrus Trees must be quoted in 4” Citra Pots (the Department will identify the rootstock and variety at time of order).

1.5.1.4 Chemicals

Bidders shall provide pricing for the following chemicals: Adjuvant, Biological, Insecticide, Fungicide, Herbicide, Insecticides, and Micronutrient/Nutritional, as specified in Attachment I, Price Page.

1.5.1.5 Packaging

Bidders shall provide pricing for the following packaging options as specified in Attachment I, Price Page:

Page 8 of 72 FDC ITB-15-133

1. Produce Bags: (PP Leno Bag, Size: 24” (w) x 36” (L), Color: Green, Weight: 69g/pc w/9x15cm with black draw tape, Mesh: 3.5x5.5/sq. inch).

2. Bushel Waxed Cardboard Boxes (11/9 Bu Stock, 15.06 x 11.06 x 12.06, 200#, Waterproof Adhesive, Cascade Wax).

3. Produce Bins: Molded plastic bins, constructed of FDA-approved materials, and of the following specifications:

1.5.2 Delivery

Product(s) shall be shipped as Freight On Board (FOB) destination, and arrive within thirty (30) days, after the order is placed. The Bidder shall assume all costs, liability, and responsibility for the delivery of merchandise in good condition to the Department. FOB destination does include delivery on the receiving platform of the ordering institution at any destination in the State of Florida, unless otherwise specified. No additional charges will be allowed for any transportation costs resulting from partial shipments made at a Bidder’s convenience.

1.5.3 Delivery Locations

Bidders must be able to deliver to all counties located in the Region bid. The table below provides the areas to be covered in each Region. The addresses for the Institutions accepting deliveries within these counties are provided in Attachment IV, Facility Locations.

REGION 1 REGION 2 REGION 3 REGION 4

JACKSON (ACI) BAKER POLK (Avon Park) MARTIN

CALHOUN COLUMBIA ORANGE (CFRC) DADE (SFRC)

ESCAMBIA (Century) DIXIE (Cross City) POLK OKEECHOBEE

FRANKLIN BRADFORD (FSP) SUMTER CHARLOTTE

GULF HAMILTON PASCO (Zephyrhills)

HOLMES GILCHRIST (Lancaster) DESOTO

JACKSON BRADFORD (Lawtey) HARDEE

JEFFERSON MADISON MARION

LIBERTY TAYLOR

WASHINGTON (NFRC) LAFAYETTE (Mayo)

OKALOOSA PUTNAM

SANTA ROSA UNION (RMC)

WAKULLA VOLUSIA (Tomoka)

WALTON SUWANNEE

External Dimensions:

44 3/4” (L) x 48 1/4” (W) x 29 7/8” (H)

1,136.7 mm (L) x 1,225.6 mm

(W) x 758.8 mm (H)

Internal Dimension:

41 5/8” (L) x 45 1/8” (W) x 24 3/8” (H)

1,057.3 mm (L) x 1,146.2 mm

(W) x 619.1 mm (H)

Load Capacity:

1,300 lbs 589.7 kg

Volume Capacity:

47,000 cubic inches 770.2 liters

Fork Lift Entry:

Four-way Four-way

Page 9 of 72 FDC ITB-15-133

1.6 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 Manager, 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 Manager. The substituted product must meet (or exceed) all terms, conditions, and specifications applicable to the originally specified product. An alternate product sample may be required by the Department for review prior to acceptance.

1.7 Minimum Order

There is no minimum order.

1.8 Damaged Goods

The Bidder shall be responsible for filing, processing, and collecting all damage claims. However, to assist the Bidder in the expeditious handling of damage claims, the Department’s ordering Institution 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 Bidder, 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, if applicable, until inspection is performed by the carrier and disposition given by the Bidder.

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

SECTION 2.0 NON-TECHNICAL SPECIFICATIONS

2.1 Modifications 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 Department may make an equitable adjustment in the prices, or delivery date, if the change affects the cost or time of performance. Requests for equitable adjustments must be submitted in writing to the Department’s Contract Manager.

The Department shall provide written notice to the successful Bidder thirty (30) days in advance of any Department required changes to the technical specifications and/or scope of service that affect the successful Bidder’s ability to provide the service as specified herein. Any changes that are not purely administrative, will require a written change order or formal Contract Amendment.

2.2 Addition/Deletion of Items/Facilities

The Department reserves the right to add or delete locations, or items from the resulting Contract, when deemed to be in the State’s best interest.

2.3 Summary Reports

The Bidder shall provide the Department a report of resultant 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

Page 10 of 72 FDC ITB-15-133 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 resultant Contract. A summary report shall also be required for time periods that include less than three (3) 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 will result in imposition of a financial consequence of $50.00 per day for each day beyond thirty (30) calendar days. Consistently late reporting may result in termination of the Contract.

2.4 Damage to Property

All Department property shall be protected against damage by the successful Bidder that might occur during, or as a result of performance of any Contract resulting from this ITB. The Bidder will remedy or reimburse the Department for any damages caused during its rendering of services under the Contract.

2.5 Mandatory Documentation

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

Completed Price Page – Attachment I

Florida Preference Letter – as outlined in Section 3.8, if applicable

Respondent’s Contact Information – Attachment II

Certification of Drug Free Workplace Program – Attachment V

2.6 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.

2.7 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 Bidder can offer to the State. Any modifications, counter offers, deviations, or challenges may render the bid non-responsive. By submitting an offer or offers under this ITB, each Bidder warrants its agreement to the prices submitted.

Page 11 of 72 FDC ITB-15-133

If the 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.

2.8 Payment and Invoicing

The Contract(s) resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Bidder(s) 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 successful Bidder’s name, mailing address, tax ID number/FEIN, Contract number, Purchase Order number, and dates of delivery.

2.9 Purchasing Card Program

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

www.dms.myflorida.com.

2.10 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 Bidders 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.

2.11 Contract Management

2.11.1 Department’s Contract Manager

The Contract Manager for this Contract will be:

Chief, Bureau of Contract Management and Monitoring

501 S. Calhoun Street Tallahassee, Florida 32399-2500

The Contract Manager will:

1) Serve as the liaison between the Department and the Bidder;

2) Verify receipt of the deliverables from the Bidder, if applicable;

3) Submit requests for change orders, if applicable;

4) Review, verify, and approve invoices from the Bidder, if applicable;

5) Communicate with the Contract Administrator to process all amendments, renewals and termination of the Contract; and

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

2.11.2 Contract Administrator

The Contract Administrator for this Contract will be:

Tania Zorn, Purchasing Manager Department of Corrections http://www.dms.myflorida.com/

Page 12 of 72 FDC ITB-15-133

501 S. Calhoun, Suite 311 Tallahassee, FL 32399-2500 Telephone (850) 717-3700 Email: Zorn.Tania@mail.dc.state.fl.us

SECTION 3.0 PROCUREMENT RULES AND INFORMATION

3.1 INSTRUCTIONS TO RESPONDENTS (PUR1001)

The General Instructions to Respondents are outlined in form PUR 1001, 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 1001. There is no need to return this document with the response. http://dms.myflorida.com/content/download/2934/11780.

3.2 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 Allegra Small, 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. For the 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.

3.3 Cost of Bid Preparation

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

3.4 Instructions for Bid Submittal

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

mailto:Zorn.Tania@mail.dc.state.fl.us http://dms.myflorida.com/content/download/2934/11780

Page 13 of 72 FDC ITB-15-133

1) 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.

2) 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.

3) 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 stamp bids received, and provide the official time for bid opening.

4) Late bids will not be accepted.

5) Submit one (1) original bid, and one (1) electronic copy in PDF format on a 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 3.20, the Bidder should submit one (1) redacted hard copy and one (1) redacted electronic copy, in PDF format (in addition to the non-redacted version), on CD. CDs submitted should not be password protected.

3.5 Disclosure of Bid Submittal Contents

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

3.6 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Bid responses received late (after bid opening date and time) will not be accepted, nor considered, and 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 it is 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.

3.7 Bid Evaluation

Bids that do not meet the requirements specified in this ITB will be considered non-responsive. The Department reserves the right to accept or reject any and all Bids, 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 Bids not submitted in the manner specified by the solicitation documents. Bidders are cautioned to make no assumptions unless their bid has been deemed responsive.

3.8 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 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.

Page 14 of 72 FDC ITB-15-133

3.9 Basis of Award

The Department intends to make multiple awards per Region to the responsive, responsible Bidder(s) offering the Lowest Grand Total Price per Category, Per Region, as specified in Attachment I, Price Page. Bidder(s) may bid on one (1) or more Categories; however, pricing must be provided for all items within a Category or, the Bid for that Category shall be deemed non-responsive and rejected.

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.

3.10 Disposal of Bids

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

3.11 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 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).

3.12 Rejection of Bids

The Department reserves the right to reject any and all bids to this ITB.

3.13 Protest Procedures

Pursuant to Section 120.57(3), F.S., a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at 501 South Calhoun Street, Tallahassee, Florida 32399-2500, by email to: CO-GCAgencyClerk@mail.dc.state.fl.us, or by facsimile to: (850) 922-4355. Protests must be made in compliance with Florida Administrative Code Rules 28-110.003 and 28-110.004. Filings received after regular business hours (8:00am to 5:00pm) will be filed the next business day. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

3.14 Addenda

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

3.15 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 may be considered a duly authorized expression on behalf of the State. Additionally, only written communications from Bidders are recognized as duly authorized expressions on behalf of the Bidder.