CN-700000-17022.pdf

Agency Term Contract

ATC-17-022

Swill Removal

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 Morfaw

Brown Farm (Contractor).

The Contractor responded to the Department's Invitation to Bid (ITB), No: FDC ITB-17-133, Swill

Removal. The Department has accepted the Contractor's bid, pricing, terms, and conditions, and enters into this Contract in accordance with the terms and conditions of the ITB.

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

Department and Contractor agree as follows:

I. Scope of Work

The services and commodities to be provided by the Contractor pursuant to this Contract are defined and described in Exhibit B, Attachment I: Price Page.

II. Contract Term

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

25, 2017, or on the last date in which it is signed by all parties, whichever is later.

Ill. 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 has the following Exhibits:

a) Exhibit A: FDC ITB-17-133 and all Addenda; and

b) Exhibit B: Contractor's pricing to FDC ITB-17-133.

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

a) The Agency Term Contract;

b) Exhibit A: FDC ITB-17-133 and all Addenda; and

c) Exhibit B: Contractor's Pricing.

Agency Term Contract

ATC-17-022

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:

A TC Administrator

Bureau of Procurement

Department of Corrections

501 S. Calhoun St., Suite 311

Tallahassee, FL 32399

Telephone (850) 717-3700

Email: Purchasing@fdc.myflorida.com

The Department Contract Manager is:

Shane Phillips, Chief

Bureau of Contract Management and Monitoring

Department of Corrections

501 S. Calhoun St.

Tallahassee, FL 32399-2500

Telephone (850) 717-3957

Email: shane.phillips@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:

Primary Contact:

Morfaw Brown Farms

Therus Brown, Operations Manager

1530 NW County Road 253

Madison, Florida 32340

Telephone (229) 539-3419

Email: Therus.Brown@qmail.com

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

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

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

VIII. Termination

A. Termination at Will

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

Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Because of Lack of Funds

In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 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 of Mutual Agreement

This Contract may be terminated by either party upon no less than 30 calendar days' notice, without cause, unless a lesser time is mutually agreed upon by both parties.

Said notice shall be delivered by certified mail, returned receipt requested, or in person with proof of delivery.

E. Termination Because of Unauthorized Employment

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

IX. Assignment

The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department's Contract Manager. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon giving written notice to the Contractor.

X. Subcontracts

The Contractor is fully responsible for all work performed under this Contract. The Contractor may, upon receiving written consent from the Department's Contract Manager, enter into written

Subcontract(s) for performance of certain functions under this Contract. No Subcontract, which the Contractor enters into with respect to performance of any of its functions under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. All payments to Subcontractors shall be made by the Contractor.

It is understood and agreed that the Department shall not be liable to any Subcontractor for any expenses or liabilities incurred under the Subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract.

XI. Price Adjustments

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated.

XII. Additions/Deletions

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

XIII. Delivery

Product(s) shall be shipped as Freight on Board (FOB) to 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 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

B. Confidentiality

Agency Term Contract

ATC-17-022

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

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

C. Disputes

Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Contract Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Director, Office of Administration. The

Director, Office of Administration, shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Contract Managers and the Contract

Administrator.

D. Notices

All notices required or permitted by this Contract shall be given in writing and by hand delivery or email to the respective parties. All notices by hand-delivery shall be deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable. Both parties may change their contact information and Contract Manager by written notice given to the other party as provided above.

E. Prison Rape Elimination Act (PREA)

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

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

F. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The

Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the

Contractor and the Department under this Contract. Upon the execution of this

Contract, the Contractor shall furnish the Contract Manager written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

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

G. Employee Status

This Contract does not create an employee/employer relationship between the parties.

It is the intent of the parties that the Department and Contractor are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the

Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal

Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services provided by each party pursuant to this Contract shall be subject to the supervision of each party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities.

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

H. Force Majeure

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

I. Annual Appropriation

ATC-17-022

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

J. Cooperation with Inspector General

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

K. Scrutinized Companies Contractor Certification

If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that they are not listed on either the Scrutinized Companies with

Activities in Sudan List, the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Sections 215.473, F.S. and 215.4725, F.S. Pursuant to Section

287.135(5), F.S., and 287.135(3), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized

Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott

Israel List, or is engaged in a boycott of Israel during the term of the Contract.

CONTRACTOR: MORFAW BROWN FARMS STATE OF FLORIDA

DEPARTMENT OF CORRECTIONS

Signature

Print Name

Date

Kasey B. Faulk, Chief Bureau of Procurement

Date

Approved as to form and legality, subject to execution.

FDC ITB-17-133

INVITATION TO BID (ITB)

FOR

SWILL REMOVAL

FDC ITB-17-133

RELEASED ON

October 7, 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:

Paul E. Cowan purchasing@fdc.myflorida.com mailto:purchasing@fdc.myflorida.com

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 Estimated Quantities

1.6 Response Time

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Swill Removal

2.2 Permit to Feed Garbage to Swine

2.3 Foreign Materials

2.4 Sterilizing Swill for Feeding

2.5 Cooking Garbage Requirements

2.6 Fines and/or Penalties

2.7 Records and Documentation

2.8 Payment and Invoicing

2.9 Security Guidelines

2.10 Performance Outcomes and Standards

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 Mandatory Documentation

3.6 Disclosure of Bid Submittal Contents

3.7 Price Page

3.8 Bid Opening

3.9 Bid Evaluation

3.10 Basis of Award

3.11 Disposal of Bids

3.12 Rejection of Bids

3.13 Bid Rules for Withdrawal

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 Confidential, Proprietary, or Trade Secret Material

3.20 E-Verify

3.21 Vendor Substitute W-9

3.22 Scrutinized Companies

3.23 Identical Tie Bids

3.24 Inspector General

3.25 Protest Procedures

3.26 Certificate of Authority

SECTION 4.0 SPECIAL CONDITIONS

4.1 General Contract Conditions (PUR1000)

4.2 General Contract Conditions (PUR1000)

4.3 State Initiatives

4.4 Vendor Ombudsman

4.5 Copyrights, Right to Data, Patents and Royalties

4.6 Independent Contractor Status

4.7 Assignment

4.8 Severability

4.9 Use of Funds for Lobbying Prohibited

4.10 Employment of Department Personnel

4.11 Insurance

4.12 Legal Requirements

4.13 Subcontracts

4.14 Scope Changes after Contract Execution

Attachment I – Price Page

Attachment II – Bidder's Contact Information

Attachment III - Security Requirements For Contractors

Attachment IV - Purchase Order Terms And Conditions

Attachment V – Certification Of Drug Free Workplace Program

TIMELINE

FDC ITB-17-133

EVENT DATE/TIME LOCATION

Release of ITB October 7, 2016 Vendor Bid System:

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

Last day for written inquires to be received by the Department

October 24, 2016 at 2:00 p.m.

Eastern Time

Submit to:

Florida Department of Corrections

Paul E. Cowan, Procurement Officer Email: purchasing@fdc.myflorida.com

Anticipated Posting of written responses to written inquires

November 7, 2016 at 2:00 p.m.

Eastern Time

Vendor Bid System:

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

Sealed Bids Due and Opened

November 21, Must be received

Prior to: 2:00 p.m. Eastern

Time

Submit to:

Florida Department of Corrections

Paul E. Cowan, Procurement Officer

501 South Calhoun Street

Tallahassee, Florida 32399-2500

Anticipated Posting of Recommended

Award December 5, 2016 Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu http://vbs.dms.state.fl.us/vbs/main_menu mailto:purchasing@fdc.myflorida.com http://vbs.dms.state.fl.us/vbs/main_menu

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure competitive bids, from qualified Bidders, to provide swill removal for all Department facilities within the State of Florida. The facilities with addresses requiring services are listed on Attachment I, Price Page. The Bidder shall furnish the services in accordance with Section 2, Technical Specifications.

1.2 Contract Term and Renewal

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

(MFMP) purchase orders.

1.3 Conflicts and Order(s) of Precedence

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

a) Addenda, in reverse order of issuance

b) Invitation to Bid, including Attachments

c) General Contract Conditions (Form PUR 1000) (Section 2.1)

d) General Instructions to Respondents (Form PUR 1001) (Section 3.2)

1.4 Definitions

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

1. Agency Term Contract: A written agreement between the Department and awarded

Bidder, which is used by the entire Department, under which purchase orders will be issued.

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

3. Bidder: A legally qualified corporation, partnership, person, or other entity, submitting a bid to the

Department, in response to this ITB.

4. 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.

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

Department.

6. 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 Section 4.0, Technical Specifications.

7. Department: The Florida Department of Corrections (FDC).

8. 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.

9. Material Deviation(s): 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.

10. 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.

11. 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.

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

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

14. 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.

1.5 Estimated Quantities

Any quantities listed are given only as a guideline for preparing a Bid, and should not be construed as representing actual quantities to be purchased.

1.6 Response Time

The successful Bidder(s) shall be able to begin providing services within ten (10) business days after receipt of a resulting Purchase Order(s).

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Swill Removal

The Bidder shall furnish all equipment, machinery, tools, containers, labor, transportation, and required licensure necessary to completely remove all swill from each location. The Bidder must provide all required containers needed to hold the swill until removed.

2.2 Permit to Feed Garbage to Swine

In accordance with Sections 585.48 – 585.59, F.S., and the rules of the Florida Department of

Agriculture and Consumer Services (DOACS), the Bidder must hold a Permit to Feed Garbage to

Swine, issued and regulated by the DOACS, Division of Animal Industry.

2.3 Foreign Materials

The Department will make every effort to ensure that foreign materials are not discarded with the food waste. However, this is not always preventable. The Bidder must continue to pick up the swill and clean foreign material from swill prior to cooking/processing.

2.4 Sterilizing Swill for Feeding

Section 585.50, F.S. requires all garbage being fed to animals be heated, cooked, treated, or processed under such temperature, pressure, process or method, and for such a period of time, as is necessary to render the product free of any contagious, infectious, or communicable disease which might affect either animals or humans.

2.5 Cooking Garbage Requirements

The Bidder must ensure adequate cleanliness of vehicles, equipment, and facilities that handle swill products. The Bidder’s cooker must have a capacity and ability to raise the temperature of the material to 212 degrees Fahrenheit and hold that temperature for 30 minutes. The Bidder must have the capabilities to meet all requirements listed on the Request for Permit to Feed Garbage to Swine application. The Bidder shall provide a signed statement of compliance with these provisions prior to Contract execution.

2.6 Fines and/or Penalties

The Bidder shall be completely responsible for the swill once it is loaded onto the Bidder’s truck.

The Bidder shall maintain all records, properly haul, and handle all swill products in strict accordance with Section 585.52, F.S. If any fines and/or penalties are assessed, for non-compliance, the Bidder shall be solely responsible for payment, and/or remedy.

2.7 Records and Documentation

To the extent that information is utilized in the performance of the resulting Contract or generated as a result of it, and to the extent that information meets the definition of “public record,” as defined in Section 119.011(1), F.S., said information is recognized by the parties to be a public record and, absent a provision of law or administrative rule or regulation requiring otherwise, shall be made available for inspection and copying by any person upon request as provided in Chapter 119, F.S. The Vendor 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 Chapter 119, F.S., 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 Vendor 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 Vendor or keep and maintain public records required by the Department to perform the service. If the Vendor transfers all public records to the Department upon completion of the

Contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Contract, the Vendor 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. Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this RFP shall be retained by the Vendor for a period of five (5) years after the termination of the resulting Contract or longer as may be required by any renewal or extension of the Contract.

Pursuant to Section 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Vendor to allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with the Contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and Section119.07(1), F.S.

The Vendor further agrees to hold the Department harmless from any claim or damage including reasonable attorney’s fees and costs or from any fine or penalty imposed as a result of failure to comply with the public records law or an improper disclosure of confidential information and promises to defend the Department against the same at its expense.

2.8 Payment and Invoicing

The Contract resulting from this ITB will be at a fixed rate. The Department will compensate the

Bidder for the services as specified on Attachment I, Price Page. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Bidder’s invoices must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/FEIN, Contract number, and dates of service.

2.9 Security Guidelines

For services performed under the resultant Contract, the successful Bidder(s), and its employees and agents, shall adhere to Attachment III, Security Requirements for Contractors.

2.10 Performance Outcomes and Standards

The Department desires to Contract with a Bidder who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under any Contract resulting from this ITB. Therefore, the Department has developed the following Performance Measures, which shall be used to measure performance and delivery of services. The Bidder shall ensure that the stated Performance Standards (level of achievement) are met.

A description of each Performance Measure is provided below:

Performance Measure #1

Requirement: The Bidder shall remove and transport the swill.

Measure: Swill removal and hauling shall be completed in a sufficient and accurate manner, in accordance with this ITB.

Standard: 98% of the Total Haul will be removed each month, by the Bidder, in response to all requests for service. The Total Haul represents the total amount of swill to be removed from a Food Service facility, as requested.

Financial Consequence: The Bidder shall be assessed Financial

Consequences on a monthly basis, as applicable. A Financial

Consequence of $50.00 will be imposed for each percentage, or portion thereof, below 98%.

Performance shall be measured on an ongoing basis, and monitoring shall occur at least once every six (6) months.

Written notification will be used to outline any deficiencies for which Financial Consequences are being imposed. The Contract Manager will deduct the amount of any Financial Consequences from the Bidder’s next monthly invoice. If the Contract Manager is unable to deduct this amount from the Bidder’s next invoice, the Bidder shall provide payment via cashier’s check or money order to the Department.

By execution of any Contract resulting from this ITB, the Bidder hereby acknowledges and agrees that its performance under the resulting Contract shall meet the standards set forth above. Any failure to achieve Performance Measures identified above may result in the assessment of Financial

Consequences. Any such assessment and/or subsequent payment thereof shall not affect the

Bidder’s obligation to provide services as required by any Contract resulting from this ITB.

SECTION 3.0 PROCUREMENT RULES AND INFORMATION

3.1 Instructions to Respondents (PUR1001)

The General Instructions to Respondents are outlined in form PUR 1001. This 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 acknowledged. 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

Paul E. Cowan, Procurement Officer

Florida Department of Corrections

Bureau of Support Services

Email: purchasing@fdc.myflorida.com

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 http://dms.myflorida.com/content/download/2934/11780 mailto:purchasing@fdc.myflorida.com branches of government, concerning any aspect of this solicitation, except in writing to the

Procurement Officer as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response, Section 287.057(23), F. S.

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

3.3 Cost of Bid Preparation

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

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 discouraged. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that

Bidders follow the format and instructions.

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

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

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

Late bids will not be accepted.

Submit one (1) original Bid, and one (1) electronic copy in searchable 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 3.18, the Bidder should submit one (1) redacted hard copy and one (1) redacted electronic copy, in searchable PDF format (in addition to the non-redacted version), on CD.

CDs submitted should not be password protected.

3.5 Mandatory Documentation

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

Price Page – Attachment I

Bidder’s Contact Information - Attachment II

Certified Drug Free Workplace Program – Attachment III, if applicable

Florida Preference Letter, as outlined in Section 3.26, if applicable

3.6 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 Bids 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 bid response. Selection or rejection of a Bid shall not affect this right.

3.7 Price Page

The Bidder shall complete, sign, date, and return the Attachment I, Price Page. By submitting a

Bid under this ITB, each Bidder warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Bidder can offer the Department. Any modifications, counter-offers, deviations, or challenges will not be accepted, and may render a Bid non-responsive.

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

3.8 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.

3.9 Bid Evaluation

Bids that do not meet the requirements specified in this ITB may be considered non-responsive.

The Department reserves the right to accept or reject any and all responses, or separable portions thereof, and to waive any minor irregularity, technicality, or omission(s), if the Department determines that doing so will serve its best interest(s). The Department shall reject any response not submitted in the manner specified by the solicitation documents.

3.10 Basis of Award

An award for each location shall be made to the responsive, responsible Bidder(s) offering the lowest Unit Cost per Gallon, per location, for the services indicated in this ITB.

In the event the Bidder(s) with the lowest Unit Cost per Gallon, for a location, is found non-responsive, the Department may proceed to the next lowest responsive Bidder, and continue the award process.

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

3.11 Disposal of Bids

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

3.12 Rejection of Bids

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

3.13 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 180 days from the bid submission date.

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

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 are considered duly authorized expressions on behalf of the State.

Additionally, only written communications from a Bidder are recognized as duly authorized expressions on behalf of the Bidder. Any discussion by a Bidder with any employee, or representative of the Department, involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said Bidder’s response.

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 Bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service which he/she may do, or perform, for, or on behalf of, any officer, agent, or employee of the Bidder. Officers, agents, or employees of the

Department shall not have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department. The Bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

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, and hold licensing as required in Section 2.4.

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 five 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 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 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.

3.20 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 http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com https://e-verify.uscis.gov/emp 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.

3.21 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 Bidders with additional questions, and can be reached at 850-413-5519 or FLW9@myfloridaacfo.com.

3.22 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, which 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.

3.23 Identical Tie Bids

During the solicitation evaluation process, if the Department receives identical pricing or scoring from multiple Bidders, 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.