CN-700000-17015.pdf

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

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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

Florida Department of Corrections 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.

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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.

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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:

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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.

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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/

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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

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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.

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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. 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.

mailto:CO-GCAgencyClerk@mail.dc.state.fl.us

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3.16 No Prior Involvement and Conflict of Interest

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

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The Vendor shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service which they may do, or perform, for, or on behalf of, any officer, agent, or employee of the Vendor. Officers, agents, or employees of the Department shall not have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The Vendor shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

3.17 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.

3.18 MyFloridaMarketPlace (MFMP) Registration

Each Bidder doing business with the State of Florida as defined in Section 287.012. F.S., must register in the MFMP Vendor Information Portal (VIP) system, unless exempted under Rule 60A-1.030, Florida Administrative Code (F.A.C.). State agencies shall not enter into an agreement for the sale of commodities or contractual services, as defined in Section 287.012, F.S., with any Bidder not registered in the MFMP VIP system, unless exempted by Rule.

A Bidder not currently registered in the MFMP VIP system shall do so within 5 days of award.

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

3.19 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.

3.20 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. If the Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure, pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Bidder must also simultaneously provide the Department with a separate redacted copy of its response and briefly describe, in writing, the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the Bidder on the cover, and shall be clearly titled “Redacted Copy.” The redacted copy shall be provided to the Department at the same time the Bidder submits its response to the solicitation and must only exclude or redact those exact portions which are http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com

Page 16 of 72 FDC ITB-15-133 claimed confidential, proprietary, or trade secret. The Bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, the Bidder shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Bidder’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the Bidder fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by the Bidder in answer to a public records request for these records. In no event shall the Department, or any of its employees or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this solicitation.

3.21 E-Verify

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

3.22 Vendor Substitute W-9

The State of Florida Department of Financial Services (DFS) requires all Vendors that do business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms can be located at the same website once a registration has been completed. Answers to frequently asked questions related to this requirement are found at: https://flvendor.myfloridacfo.com. DFS can assist vendors with additional questions, and can be reached at 850-413-5519 or FLW9@myfloridaacfo.com.

3.23 Scrutinized Companies

In accordance with Section 287.135, F.S., agencies are prohibited from contracting with companies, for goods or services over $1,000,000, who are on either the “Scrutinized Companies with Activities in Sudan List,” or the “Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,” which have been combined to one PFIA List of Prohibited Companies, which is updated quarterly. This list is created pursuant to Section 215.473, F.S.

which states that false certification may subject a company to civil penalties, attorney’s fees, and/or costs.

3.24 Identical Tie Bids

During the solicitation evaluation process, if the Department receives identical pricing or scoring from multiple vendors, the Department shall determine the order of award using the criteria set forth in Rule 60A-1.011, F.A.C. and Section 295.187, F.S. “Certified Veteran Business Enterprises”.

3.25 Inspector General

The Bidder shall comply with Section 20.055(5), F.S., which states; it is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review or hearing.

SECTION 4.0 SPECIAL CONDITIONS

4.1 GENERAL CONTRACT CONDITIONS (PUR1000)

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.

https://e-verify.uscis.gov/emp https://flvendor.myfloridacfo.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridaacfo.com http://www.sbafla.com/fsb/Home/ProtectingFloridasInvestmentAct/tabid/751/Default.aspx http://dms.myflorida.com/content/download/2933/11777

Page 17 of 72 FDC ITB-15-133

4.2 State Initiatives

4.2.1 Diversity in Contracting

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-owned, women-owned, and service-disabled veteran-owned business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects these business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.

To this end, the Department considers it vital that minority-owned, women-owned, and service-disabled veteran-owned business enterprises participate in the State’s procurement process as both Bidders, and subcontractors, of this solicitation.

Information on Certified Minority Business Enterprises (CMBE), and Certified Service-Disabled Veteran Business Enterprises (CSDVBE), is available from the Office of Supplier Diversity at:

http://dms.myflorida.com/other_programs/office_of_supplier_divresity_osd/.

4.2.2 Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. If applicable, the Bidder shall submit a plan to support the procurement of products and materials with recycled content, referencing the intent of Section 403.7065, F.S. The Bidder shall also provide a plan, if applicable, for reducing and/or handling of any hazardous waste generated by the Bidder’s company, referencing Rule 62- 730.160, F.A.C. It is a requirement of the Florida Department of Environmental Protection (DEP) that a generator of hazardous waste materials exceeding certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Bidder‘s hazardous waste plan and shall explain, in detail, its handling and disposal of this waste.

4.3 Subcontracts

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

If a subcontractor is utilized by the Vendor, the Vendor shall pay the subcontractor within seven (7) working days after any payment is received from the Department, in accordance with Section 287.0585, F.S. It is understood, and agreed upon, that the Department shall not be held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Vendor shall be solely responsible to the subcontractor for all expenses and liabilities under the Contract resulting from this ITB. If the Vendor fails to pay the subcontractor within seven (7) working days, the Vendor shall pay a penalty to the subcontractor in the amount of one-half (½) of one percent (1%) of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed, and shall not exceed fifteen percent (15%) of the outstanding balance due.

http://dms.myflorida.com/other_programs/office_of_supplier_divresity_osd/

Page 18 of 72 FDC ITB-15-133

4.4 Copyrights, Right to Data, Patents and Royalties

Where Contract activities produce original writing, sound recordings, pictorial reproductions, drawings, other graphic representation, and/or works of any similar nature, the Department has the right to use, duplicate and disclose such materials, in whole or in part, in any manner, for any purpose whatsoever, and to have others acting on behalf of the Department to do so also. If the materials so developed are subject to copyright, trademark, patent, legal title, then every right, interest, claim or demand of any kind, in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State for the exclusive use and benefit of the State. Pursuant to Section 286.021, F.S., no person, firm or corporation, including parties to the Contract resulting from this solicitation, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Department of State.

The Department shall have unlimited rights to use, disclose or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Bidder. All computer programs and other documentation produced as part of the Contract shall become the exclusive property of the State of Florida, Department of State, with the exception of data processing software developed by the Department pursuant to Section 119.084, F.S., and may not be copied or removed by any employee of the Bidder without express written permission of the Department.

The Bidder, without exception, shall indemnify and save harmless the Department, and its employees, from liability of any nature or kind, including costs and expenses, for, or on account of, any copyrighted, patented, or unpatented invention, process, or article, manufactured, or supplied, by the Bidder. The Bidder has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article equipment or data not supplied by the Bidder, or is based solely and exclusively upon the Department’s alteration of the article. The Department will provide prompt written notification of a claim regarding copyright or patent infringement, and will afford the Bidder full opportunity to defend the action and control the defense of such claim.

Further, if such a claim is made, or is pending, the Bidder may, at its option and expense, procure for the Department the right to continue use of, replace, or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the Department agrees to return the article to the Bidder upon its request and receive reimbursement, fees and costs, if any, as may be determined by a court of competent jurisdiction.) If the Bidder uses any design, device, or material(s) covered by letter, patent or copyright, it is mutually agreed and understood, without exception, that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials.

4.5 Independent Contractor Status

The Bidder shall be considered an independent contractor in the performance of its duties and responsibilities. The Department shall neither have nor exercise any control or direction over the methods by which the Bidder shall perform its work and functions, other than as provided herein. Nothing is intended to, nor shall be deemed to constitute, a partnership, or a joint venture, between the parties.

4.6 Assignment

The Bidder shall not assign its responsibilities or interests to another…