CN-700000-18005.pdf

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

The Contractor responded to the Department’s Invitation to Bid (ITB), FDC ITB 18-045 ADA Van Conversion Kits & Installation. The Department has accepted the Contractor’s negotiated pricing, and enters into this Contract in accordance with the terms and conditions of the ITB.

Accordingly, and in consideration of the mutual promises contained in the Contract, the Department and Contractor agree as follows:

I. Scope of Work

The services and commodities to be provided by the Contractor pursuant to this Contract are defined and described in Exhibits A and B.

II. Contract Term

The initial term of Contract will be for three (3) years. The initial Contract term shall begin on January 16, 2018, or on the last date in which it is signed by all parties, whichever is later.

III. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed three (3) years, or portions thereof, at the same terms and pricing specified in the Contractor’s bid, 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 18-045 and all Addenda; and

b) Exhibit B: Contractor’s negotiated pricing to FDC ITB 18-045.

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

a) The Agency Term Contract;

Agency Term Contract

ATC-18-005

ADA Van Conversion Kits & Installation

Agency Term Contract

ATC-18-005

b) Exhibit A: FDC ITB-18-045 and all Addenda; and

c) Exhibit B: Contractor’s negotiated pricing.

V. Amendments

No oral modifications to this Contract are acceptable. All modifications to this Contract except to Section VII Contract Management, 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:

Sherita Newman, Strategic Sourcing Manager Bureau of Procurement Department of Corrections 501 S. Calhoun St., Suite 311 Tallahassee, FL 32399 Telephone: (850) 717-3700 Email: sherita.newman@fdc.myflorida.com

The Department’s Contract Manager is:

Carly Miller, Government Operations Consultant II Office of Administration Florida Department of Corrections 501 S. Calhoun St.

Tallahassee, FL 32399-2500 Telephone: (850) 717-3009 Email: carly.miller@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

Agency Term Contract

ATC-18-005

mailto:sherita.newman@fdc.myflorida.com mailto:carly.miller@fdc.myflorida.com to the Department relating to the Contract shall be addressed to the Department’s Contract Manager.

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

Primary Contact:

Gary Keen, Sales Support Center Manager PRIDE Enterprises, Inc.

233 Morrison Road Brandon, FL 33511 Telephone: (813) 890-2133 Email: bids@pride-enterprises.org

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, unless shorter time is mutually agreed upon by both Parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Because of Lack of Funds

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

Notice shall be delivered by certified mail (return receipt requested), facsimile, by other method of delivery whereby an original signature is obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of 30 days written notice by the Department, the Department may, by written notice to the Contractor, terminate this Contract upon 24 hours’ notice. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Chapter 60A-1, Agency Term Contract file://doccifs01/cos202/gen_groups/Bureau%20of%20Procurement%20and%20Supply/New%20-%20Procurement%20Section/Agency%20Term%20Contracts/Current/ATC-18-004%20Life%20Safety%20Equipment/Contract/bids@pride-enterprises.org

Florida Administrative Code. The provisions herein do not limit the Department’s right to remedies at law or to damages.

D. 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 within the competitive solicitation.

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

The Vendor will be responsible for the transport of the vehicles to their location for retrofitting. The Department’s vehicles may not be driven by the awarded Vendor. The Vendor will be expected to transport the vehicles to and from 4070 Esplanade Way, Tallahassee, FL 32399 via a commercial vehicle transport service. In order for the Vendor to transport the vehicles, the Vendor must submit a declaration page from their insurance carrier indicating that the Florida Department of Corrections has been added to their policy as an additional insurer within 10 calendar days of award. The vehicle transport and installation of the ADA conversion kits must begin within five (5) calendar days from the issuance of a Purchase Order, or other Department communication subsequent to a Purchase Order. The Department will provide the vans to the awarded Vendor as the vans become available to the Department. The work must be completed and the vehicles delivered back to the Department no later than 120 calendar days from date the vehicles are picked up for transportation. Transport and Delivery of the vehicles will occur between 8:30 a.m.

to 4:00 p.m. Eastern Time, Monday through Friday, excluding State holidays, unless otherwise approved by the Department’s Contract Manager, or designee.

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 either §119.07(1), F.S. or §119.071, F.S.

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide

Agency Term Contract http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html 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

The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to individuals 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 the 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 Chief Financial Officer (CFO), or designee. The CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Contract Managers and the Department’s 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.

Agency Term Contract mailto:CO.PublicRecords@fdc.myflorida.com

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 Department’s Contract Manager written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida.

The Department reserves the right to require additional insurance where appropriate.

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

G. Employee Status

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

It is the intent of the parties that the Department and Contractor are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State Unemployment Insurance Law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services provided by each party pursuant to this Contract shall be subject to the supervision of each party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities.

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

H. Force Majeure

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

I. Annual Appropriation

The State of Florida’s and the Department’s performances and obligations to pay for goods and services under this Contract are contingent upon an annual appropriation 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.

L. Utilization of E-Verify

The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274 of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this Agreement.

Pursuant to the State of Florida, Office of the Governor, Executive Order Number 11- 116, the Contractor will utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of: (a) all persons employed during the term of the Contract by the Contractor to perform employment duties within Florida within three (3) business days after the date of hire; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract with the Department within 90 calendar days after the date the Contract is executed or within 30 days after such persons are assigned to perform work pursuant to the Contract, whichever is later. Refer to http://www.dhs.gov/files/programs/gc_for more information.

CONTRACTOR: PRIDE Enterprises, Inc. STATE OF FLORIDA

DEPARTMENT OF CORRECTIONS

Kasey B. Fawlk, Chief Bureau of Procurement

,Z.,(~l {{g Date

Approved as to form and legality, subject to execution.

GfW K:&l:~@414Qi_ General Counsel

-2/10/rcr Date

INVITATION TO BID (ITB)

FOR

ADA VAN CONVERSION KITS and INSTALLATION

FDC ITB 18-045

RELEASED ON

November 6, 2017

By the:

Florida Department of Corrections

Bureau of Procurement

501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to

Procurement Officer:

Ridgely Plaines purchasing@fdc.myflorida.com

EXHIBIT A

Agency Term Contract 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

SECTION 2.0 SCOPE OF SERVICES

2.1 Scope of Services

2.2 Delivery…………………………………………………………………………………………….9

2.3 Performance Measure and Financial Consequences……………………………………………9

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Modifications after Contract Execution

3.2 Addition/Deletion of Items

3.3 Mandatory Documentation

3.4 Records and Documentation

3.5 Price Page

3.6 Vendor Ombudsman

3.7 Payment and Invoicing

3.8 Contract Management………………………………………………………

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 General Instructions to Respondents (PUR 1001)

4.2 Vendor Inquiries

4.3 Cost of Bid Preparation

4.4 Instructions for Bid Submittal

4.5 Disclosure of Bid Submittal Contents

4.6 Bid Opening

4.7 Bid Evaluation

4.8 Basis of Award

4.9 Disposal of Bids

4.10 Bid Rules for Withdrawal

4.11 Addenda

4.12 Verbal Instruction Procedure/Discussions

4.13 No Prior Involvement and Conflict of Interest

4.14 State Licensing Requirements

4.15 MyFloridaMarketPlace (MFMP) Registration

4.16 Certificate of Authority

4.17 Confidential, Proprietary, or Trade Secret Material

4.18 E-Verify

4.19 Vendor Substitute W-9

4.20 Contractor Certification

4.21 Identical Tie Bids

4.22 Rejection of Bids

4.23 Inspector General

4.24 Protest Procedures

SECTION 5.0 SPECIAL CONDITIONS

5.1 General Contract Conditions (PUR 1000)

5.2 State Initiatives

5.3 Subcontracts

5.4 Copyrights, Right to Data, Patents and Royalties

5.5 Independent Contractor Status

5.6 Assignment

5.7 Severability

5.8 Use of Funds for Lobbying Prohibited

5.9 Employment of Department Personnel

5.10 Legal Requirements

5.11 Insurance

ATTACHMENT I – PRICE PAGE

ATTACHMENT II – VENDOR’S CONTACT INFORMATION

ATTACHMENT III - DIAGRAM A

ATTACHMENT IV – DIAGRAM B

ATTACHMENT V – DIAGRAM C

ATTACHMENT VI – EXHIBIT A…………………..…………………………………………………27

ATTACHMENT VII – DRUG FREE WORKPLACE………………………………………………..28

TIMELINE

FDC ITB 18-045

EVENT DATE/TIME LOCATION

Release of ITB November 6, 2017 Vendor Bid System:

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

Last Day for Written Inquires to be

Received by the Department

November 13, 2017 by 5:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections

Ridgely Plaines, Procurement Officer

Email: purchasing@fdc.myflorida.com

Anticipated Posting of Written

Responses to Written Inquires

December 11, 2017 Vendor Bid System:

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

Sealed Bids Due and Opened

December 18, 2017 at 2:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections

Ridgely Plaines, Bureau of Procurement

501 South Calhoun Street

Tallahassee, Florida 32399-2500

Anticipated

Posting of

Recommended Award

January 16, 2018

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

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 Vendors, to provide and install Americans with Disabilities Act (ADA) Van Conversion Kits on 15-passenger vans with sliding right hand doors and rear barn style cargo doors.

1.2 Contract Term and Renewal

As a result of this ITB, the lowest responsive and responsible Vendor will be awarded a three (3) year

Agency Term Contract, which may be renewed for up to three (3) renewal years, or portions thereof, in accordance with Section 287.057(13), Florida Statutes (F.S.), at the same prices, terms, and conditions. Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP)

Purchase Order (PO).

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:

(1) Addenda, in reverse order of issuance;

(2) Invitation to Bid, including attachments;

(3) General Instructions to Respondents (PUR 1001) (Section 4.1); and

(4) General Contract Conditions (PUR 1000) (Section 5.1).

1.4 Definitions

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

a. Agency Term Contract (ATC): A written master agreement between the Department and awarded Vendor that is for use by the entire Department, unless specific exemption is granted by the Chief of Procurement under which purchase orders shall be issued.

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

c. Breach of Contract: A failure of the Vendor(s) to perform services or provide commodities in accordance with the terms and conditions of the ATC which may result from this ITB.

d. Contractor: The organization or individual providing services to the Department, in accordance with the terms of the ATC which results from this ITB.

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

f. Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Vendor 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.

g. 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 Vendor over other Vendors, 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.

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

Bid.

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

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

k. Responsive Bid: A Bid, submitted by a responsible Vendor, which conforms to all material aspects of the solicitation.

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

m. Subcontract: An agreement between the Vendor and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Vendor, specifically related to securing, or fulfilling, the Vendor’s obligations to the Department, under the terms of the ATC resulting from this ITB.

n. Vendor: A legally qualified corporation, partnership or other entity submitting a Bid to the

Department, pursuant to this ITB.

SECTION 2.0 SCOPE OF SERVICES

2.1 Scope of Services

The Department is seeking a Vendor to provide and install ADA-compliant conversion kits on Ford

Transit Wagon T-350, Medium Roof XL, 15-passenger vans, with sliding right hand doors and rear barn style cargo doors. The resultant ATC will allow for the issuance of multiple Purchase Orders over the

Contract Term.

Conversion Kit 1 should include:

Seating with seat belts for two (2) Wheelchair passengers;

o Note: The Vendor shall leave or move original seating as directed by the Department.

One (1) Braun Century Series NCL 919IB – 2 Commercial Wheelchair Lifts;

o The Wheelchair Lifts must be located at the right sliding door.

One (1) Intermotive Interlock Wheelchair Lift Safety System; and

Two (2) Q’Straint Q-8300 QRT Max four (4) Point Wheelchair Tiedown Systems with

Intergraded Lap/Shoulder Belts.

The conversion kits must allow seating for at least two (2) wheelchairs, plus three (3) ambulatory passengers, in addition to the driver and front passenger. The back row bench seat shall remain for the three (3) additional ambulatory passengers, as reflected in Attachment III, Diagram A. Any seats removed by the Vendor will remain property of the Department, and shall be returned to the

Department after removal by the Vendor.

Conversion Kit 2 should include:

One (1) Braun Century Series NCL 919IB – 2 Commercial Wheelchair Lifts;

o Note: The Wheelchair Lifts must be located at the right side door.

One (1) Intermotive Interlock Wheelchair Lift Safety System;

One (1) Q’Straint, Q-8300 QRT Max four (4) Point Wheelchair Tiedown System with an

Intergraded Lap/Shoulder Belt; and

One (1) Stryker, MX-Pro Manual Floor Mount Cot System.

The conversion kits must allow seating for at least one (1) wheelchair and one (1) stretcher in addition to the driver and front passenger, as reflected in Attachment IV, Diagram B. Any seats removed by the

Vendor shall be returned to the Department after removal by the Vendor.

Additional Need:

Q’Straint, Q-8300 QRT Max four (4) Point Wheelchair Tiedown System with an Intergraded

Lap/Shoulder Belt

All components must be installed per the product suppliers guidelines and the manufacture and design must meet all State and Federal regulations including, but not limited to, Code of Federal Regulation

Title 49, Subtitle A, Part 38 and Federal Motor Vehicle Safety Standards (FMVSS). The Vendor must complete all work no later than 120 days from notification of the availability of the vans, or as designated by the Department’s Contract Manager, or designee.

2.1.1 Controls and Switches

All controls and switches shall be permanently labeled for quick and unmistakable identification. Glued identification decals are unacceptable. All controls and switches shall be lighted for night time operation in such a way as to prevent glare in the windshield or driver's side windows. The Vendor shall provide a LED lighting source mounted outside and above the door and lift area that will sufficiently illuminate the lift and controls. When the light is on, there should be a minimum of two-foot candles measured on the lift platform when deployed at the vehicle floor level and one-foot candle of illumination on the street surface for a distance of three (3) feet from the lift outer edge.

2.1.2 Wheelchair Ramp

The wheelchair ramp, its design, installation and operation shall comply with the ADA regulations and requirements, as Title 49, Code of Federal Regulations (CFR), Part 38, Subpart

B, Section 38.23 and Title 49 CFR, Part 571.

2.1.3 Securement Devices

2.1.3.1 The Retractor Securement System shall meet the following requirements:

30MPH/20G impact test criteria per Society of Automotive Engineers (SAE)

J2249; and

Title 49 CFR Part 38 ADA.

2.1.3.2 The Occupant Restraint System shall meet the following requirements when used in conjunction with the Retractor System:

1. Federal Motor Vehicle Safety Standards (FMVSS209 & MVSS302);

2. Title 49 CFR Part 38 ADA;

3. 30MPH/20G impact test criteria SAE J2249;

4. Floor attachments shall be installed according to SAE J2249.

5. The Vendor shall submit test results of the SAE J2249 testing of the Retractor

Securement devices to the Contract Manager, or designee. The design, installation and operation shall comply with the ADA. General guidance for retractor securement devices is provided below. Omission in this specification does not relieve the Vendor from compliance requirements of the ADA and SAE J2249.

2.1.3.3 In vehicles with a retractor securement device or a system for mobility aid, devices shall face toward the front of the vehicle.

2.1.3.4 The retractors shall be heavy duty with heat-treated components and a metal or impact-resistant plastic housing.

2.1.3.5 The retractor shall be complete with combination retractor straps, with height and vertical adjustment capability for securing the wheelchair or mobility aid and two (2) retractors for the occupant restraint system.

2.1.3.6 The wheelchair mobility aid retractors shall be equipped with self-adjusting tension controllers for tightening, and shall have the ability for quick release.

2.1.3.7 The wheelchair or mobility aid retractors shall be equipped with “S” or “J” hooks to simplify operation.

2.1.3.8 The wheelchair or mobility aid retractors shall be capable of being mounted directly to the vehicle structure using a retractor mounting kit. Q’Straint retractors with the flush mounted

L- Track anchorage system, are preferred.

2.1.3.9 The occupant restraint system shall be equipped with a height adjuster for the shoulder belt, having a vertical adjustment of approximately 12 inches.

2.1.3.10 The tie-down system shall be able to secure a standard wheelchair or mobility aid in less than five minutes. A set of four (4) “webbing loops” is to be provided at each wheelchair/cot station.

2.1.3.11 The Vendor shall install all restraint hardware according to the instructions provided by the restraint supplier.

2.1.4 Flooring

The flooring shall consist of ¾ inch Marine Grade Plywood Decking. The plywood decking should be sealed on all six sides (top, bottom, left, right, front and back) and any routed areas where hardware is installed with a marine grade waterproof sealant such as epoxy resin or polyurethane. The floor must be completely sealed so no liquid will penetrate through or around the floor covering. In addition, plywood securing fastening hardware (lock nuts underneath OEM flooring) are to be tack welded to prevent loosening. On top of the marine grade plywood, the

Department requires 2.7 mm black Altro Transflor Meta (item TFM27892) skid and slip-resistant protective floor covering to extend up the interior wall six (6) inches above the floor level in each van. The flooring shall start six (6) inches up the driver’s side wall (running the length of the van) and extend as close as possible to the right side. The welded seam is to be located near the right side of the van, not down the center of the vehicle, with the remaining flooring extending six (6) inches up the right side (Attachment V). The entire floor covering is to be attached with

Altrofix 30 adhesive (item HELAL300.5 for half gallon or HELAL301.0 for one gallon).

2.1.5 Parts and Labor Warranty

All installed parts must be new and in the original factory containers. The Vendor shall provide the Contract Manager, or designee with a copy of the manufacturer’s invoice of all parts installed for verification.

All parts and labor will carry a warranty of no less than 36 months.

2.2 Delivery

The Vendor will be responsible for the transport of the vehicles to their location for retrofitting. The

Department’s vehicles may not be driven by the awarded Vendor. The Vendor will be expected to transport the vehicles to and from 4070 Esplanade Way, Tallahassee, FL 32399 via a commercial vehicle transport service. In order for the Vendor to transport the vehicles, the Vendor must submit a declaration page from their insurance carrier indicating that the Florida Department of Corrections has been added to their policy as an additional insurer within 10 days of award. The vehicle transport and installation of the ADA conversion kits must begin within five (5) calendar days from the issuance of a Purchase Order, or other Department communication subsequent to a Purchase Order. The

Department will provide the vans to the awarded Vendor as the vans become available to the

Department. The work must be completed and the vehicles delivered back to the Department no later than 120 calendar days from date the vehicles are picked up for transportation. Transport and Delivery of the vehicles will occur between 8:30 a.m. to 4:00 p.m. Eastern Time, Monday through Friday, excluding State holidays, unless otherwise approved by the Contract Manager, or designee.

The Vendor will need to complete the retrofitting in five (5) lots of three (3) vans, and one (1) lot of four (4) vans for a total of 19 vans. The Department will pay for the vans as the lots are completed as to not burden the Vendor or the Department.

2.3 Performance Measure and Financial Consequences

The Department desires to contract with a Vendor who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under any resultant ATC. Therefore, the Department has developed the following Performance Measures which shall be used to measure the awarded Vendor’s performance and delivery of services.

Listed below are the key Expectations and Financial Consequences deemed most crucial to the success of the overall desired service delivery. The Vendor shall ensure that the stated performance outcomes and standards (level of achievement) are met.

2.3.1 Performance Measure #1 – Completion and Delivery of Vans

Expectation: All work must be completed, and the vans delivered back to the

Department’s Contract Manager, or designee, no later than 120 calendar days from the Department’s notification to the Vendor of van availability.

Standard: All van conversion kits must be properly installed and functional when vans are returned to the Department’s Contract Manager or designee.

Financial If the Vendor fails to meet this Performance Measure, the

Consequences: Department will assess financial consequences in the amount of

$200.00 per van, for each calendar day in excess of 120 calendar days.

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Modifications after Contract Execution

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

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

The Department shall provide written notice to the Vendor 30 calendar days in advance of any

Department required changes to the technical specifications, and/or scope of service, which affect the

Vendor’s ability to provide the service as specified herein. Any changes, other than purely administrative changes, will require a written Change Order or formal ATC Amendment.

3.2 Addition/Deletion of Items

The Department reserves the right to add or delete commodities/services in the resulting ATC, when considered to be in its best interest. Pricing shall be comparable to amounts awarded as a result of this

ITB, and additions/deletions will be consistent with the general Scope of the resulting ATC.

3.3 Mandatory Documentation

All Vendors must submit the following mandatory documentation with their Bid:

(1) Price Page – Attachment I;

(2) Vendor’s Contact Information – Attachment II; and

(3) Kit Manufacturer’s Warranty Information.

3.4 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(12), 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 ITB shall be retained by the Vendor for a period of five (5) fiscal 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 Section 119.0701, F.S. or 119.07(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.

3.5 Price Page

The Vendor shall complete, sign, date, and return Attachment I, Price Page. By submitting a Bid under this ITB, each Vendor warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Vendor can offer the State. 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.

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

3.6 Vendor Ombudsman

A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this individual include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the Florida Department of Financial Services’ Toll Free Hotline, 1-800-342-2762.

3.7 Payment and Invoicing

Pricing for the ATC resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Vendor upon delivery of requested commodities and services, as specified in Attachment I, Price Page. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Vendor must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/FEIN, ATC number, and items provided. An invoice must be received no later than 10 calendar days after the Department accepts receipt of the vehicles.

3.8 Contract Management

Department’s Contract Manager

Carly Miller, Government Operations Consultant II

Office of Administration

Florida Department of Corrections

501 S. Calhoun Street

Tallahassee, Florida 32399-2500

Email: carly.miller@fdc.myflorida.com

The Contract Manager will:

(1) Serve as the liaison between the Department and the successful Vendor;

(2) Verify receipt of the deliverables from the successful Vendor, if applicable;

(3) Submit requests for change orders, if applicable;

(4) Review, verify, and approve invoices from the successful Vendor, if applicable;

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

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

Contract Administrator

ATC Contract Administrator

Bureau of Procurement

Florida Department of Corrections

501 S. Calhoun Street

Tallahassee, FL 32399-2500

Telephone (850) 717-3700

Email: purchasing@fdc.myflorida.com

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 General Instructions to Respondents (PUR 1001)

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.

Agency Term Contract mailto:carly.miller@fdc.myflorida.com

There is no need to return this document with the response. The PUR 1001 can be obtained at http://dms.myflorida.com/content/download/2934/11780.

4.2 Vendor 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 written 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

Ridgely Plaines, Procurement Officer

Bureau of Procurement

Florida Department of Corrections

Email: purchasing@fdc.myflorida.com

Between the release of the solicitation, and the end of the 72 hour period following posting of notice of intention to award (72 hour period excludes Saturdays, Sundays, and State holidays), Vendors 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, as per 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 Procurement, at 850-717-3700, at least five (5) business days prior to any pre-solicitation conference, solicitation opening or meeting. For the hearing or speech impaired, please contact the Bureau of Procurement by using the Florida Relay Service, which can be reached at 1-800-

955-8771 (TDD).

4.3 Cost of Bid Preparation

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

4.4 Instructions for Bid Submittal

Each Bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Vendor’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 Vendors follow the format and instructions:

(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;

Agency Term Contract

ATC-18-005

http://dms.myflorida.com/content/download/2934/11780 mailto:purchasing@fdc.myflorida.com

(3) It is the Vendor’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; and

(5) 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 Vendor submits a redacted copy of the Bid, as outlined in Section 4.18, the Vendor 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.

4.5 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…