CN-700000-18019.pdf

Agency Term Contract

ATC-18-019

Brass Removal at Correctional Institutions

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

TGS Brass LLC (Contractor).

The Contractor responded to the Department’s Invitation to Bid (ITB), No: FDC ITB-18-042, Brass

Removal at Correctional Institutions. The Department has accepted the Contractor’s negotiated 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 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 five (5) years. The initial Contract term shall begin on April

4, 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 five (5) 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-18-042 and all Addenda

b) Exhibit B: Contractor’s negotiated pricing to FDC ITB-18-042

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

a) The Agency Term Contract

b) Exhibit A: FDC ITB-18-042 and all Addenda

c) Exhibit B: Contractor’s negotiated pricing to FDC ITB-18-042

V. Amendments

No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties, except changes to Section VII. Any future amendments of the Contract, which alter the definition of the services, shall define the services in the same format as Exhibit A.

Notwithstanding the order listed in Section IV, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the

Contract, then the most recent amendment will take precedence.

VI. Contract Notices

In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by email to the Contractor’s designated contact person as prescribed in Section VII.

VII. Contract Management

The Department employee who is primarily responsible for maintaining the Contract

Administration file is:

ATC Administrator

Bureau of Procurement

Florida Department of Corrections

501 S. Calhoun St., Suite 311

Tallahassee, FL 32399

Telephone (850) 717-3700

Email: Purchasing@fdc.myflorida.com

The Department’s Contract Manager is:

Jason Hoskins, Operations Manager Office of Institutions

Florida Department of Corrections

501 S. Calhoun Street

Tallahassee, FL 32399-2500

Telephone (850) 717-3248 Email: Jason.Hoskins@fdc.myflorida.com

ATC-18-019

mailto:Purchasing@fdc.myflorida.com mailto:Wes.Kirkland@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 Department’s Contract

Manager, or designee.

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

Primary Contact:

Akilah Shephard, Manager

TGS Brass LLC

P.O. Box 1210

Orlando, Florida 32802

Telephone (305) 725-9902

Email: thegreenshephards@gmail.com

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

Contractor’s designated contact(s), above. 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’s Contract Manager, or designee, if a new employee is designated as the contact person for this Contract.

VIII. Termination

A. Termination at Will

This Contract may be terminated by either party at will, including due to an award under competitive procurement, upon no less than 30 written calendar days’ notice, unless a shorter period of 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 Due to 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 calendar days’ written notice by the Department, the Department may, terminate this Contract upon 24 hours’ written notice. The Department, at its exclusive option, shall make the determination as to whether a period of time will be

ATC-18-019

mailto:thegreenshephards@gmail.com provided for the Contractor to cure a breach of Contract. If egregious in nature, a breach may result in immediate termination for cause, with 24 hours’ written notice, as described in this section. 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 for Unauthorized Employment

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

IX. Assignment

The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department’s Contract Manager, or designee. 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, or designee, enter into written subcontract(s) for performance of certain functions under this

Contract. No subcontract, in which the Contractor enters 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. All subcontractors are subject to the same background check requirements as are referenced in

Exhibit A.

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.

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

ATC-18-019

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. Remittance of Payment

The Contractor agrees to pay the Department the Net Percentage of Revenue generated by the brass removal, in accordance with Exhibit B, Price Page. The payment shall be submitted to the

Department with a) documentation of proper disposal of the brass at an approved, licensed, recycling center, b) copies of all transaction documents (receipts) showing weight of recycled materials, and c) copies of check/payment receipts issued by the recycling center to the

Contractor for all brass that was recycled.

All payments must list the name of Institution from which the brass is being recycled, and the project title, “Brass Removal.”

Payments shall be submitted to the following address within 30 calendar days of brass removal from a Department location.

Address for Payments:

Attn: Finance and Accounting Revenue

Florida Department of Corrections

Centerville Station

PO Box 13600

Tallahassee, Florida 32317-3600 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html mailto:CO.PublicRecords@fdc.myflorida.com 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), Florida Statutes (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 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 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 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 Manager and the Administrator.

D. Notices

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

E. Prison Rape Elimination Act (PREA)

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

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

F. Insurance

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

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

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

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

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

G. Employee Status

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

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

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

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

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

H. Force Majeure

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

I. Annual Appropriation

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

EXHIBIT A

INVITATION TO BID (ITB)

FOR

BRASS REMOVAL FOR CORRECTIONAL INSTITUTIONS

FDC ITB-18-042

RELEASED ON

October 25, 2017

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:

GERRI FAIRCLOTH

purchasing@fdc.myflorida.com

ATC-18-019

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 SCOPE OF SERVICES

2.1 Brass Removal

2.2 Rules, Regulations, and Governance

2.3 Foreign Materials

2.4 Service Task Requirements

2.5 Response Time

2.6 Removal Documentation

2.7 Financial Consequences………….………………………………………………………………….8

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 Purchasing Card Program (PCard)

3.7 Vendor Ombudsman

3.8 Payment and Invoicing

3.9 Contract Management

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 Instructions to Respondent

4.2 Bidder 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

4.24 Inspector General

4.25 Protest Procedures

SECTION 5.0 SPECIAL CONDITIONS

5.1 General Contract Conditions (PUR1000)

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 Prison Rape Elimination Act………………………………………………………………………………….20

5.11 Insurance

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

Remainder of Page Intentionally Left Blank

TIMELINE

FDC ITB-18-042

EVENT DATE/TIME LOCATION

Release of ITB October 25, 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 6, 2017 at 5:00 p.m. Eastern

Time

Submit to:

Florida Department of Corrections

Gerri Faircloth, Procurement Officer Email: purchasing@fdc.myflorida.com

Anticipated

Posting of Written Responses to

Written Inquires

November 29, 2017 at 5:00 p.m. Eastern

Time

Vendor Bid System:

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

Sealed Bids Due and Opened

December 14, 2017

Must be received

Prior to: 2:00 p.m.

Eastern Time

Submit to:

Gerri Faircloth, Procurement Officer

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 Bidders, for the provisions of brass removal, recycling services, at various Correctional Institutions throughout the State. The Facilities with addresses requiring services are listed on Attachment I, Price Page. The Bidder(s) shall furnish the services in accordance with Section 2, Scope of Services.

1.2 Contract Term and Renewal

As a result of this ITB, the responsive and responsible Bidder(s) who bids the Net Percentage of

Revenue to be returned to the Department, for recycled brass, will be awarded, a three (3) year

Agency Term Contract (ATC), 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 Orders (POs).

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 5.1); and

d) General Instructions to Respondents (Form PUR 1001) (Section 4.1).

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: A written agreement between the Department and awarded

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

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

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

Department, in response to this ITB.

d) Brass: An alloy of copper and zinc, which is the principal component of ammunition casings.

e) 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.

f) Casings: The portion of ammunition that contains the gunpowder. Casings are comprised primarily of brass, and are discharged from firearms.

g) Contract: The agreement which results from this ITB, between the awarded Bidder and the

Department.

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

i) 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.

j) 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.

k) Minor Irregularity: A variation from the ITB terms and conditions, not affecting the price, not 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.

l) 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.

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

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

o) 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 10 business days after receipt of a resulting Purchase Order(s).

SECTION 2.0 SCOPE OF SERVICES

2.1 Brass Removal

The Bidder shall furnish all containers, transportation, and required licensure necessary to completely remove all brass from each firing range at the locations listed on Attachment I, Price

Page. The Bidder must provide all required containers needed to hold the brass until removed.

2.2 Rules, Regulations, and Governance

The Bidder shall provide all services in accordance with all applicable Federal and State laws, rules and regulations. All such laws, rules and regulations, current and/or revised, are incorporated herein by reference and made a part of this ITB and any resulting Contract. At a minimum, such laws, rules and regulations shall include: Sections 6972 and 6973, United States Code (USC);

Section 33 USC 1344 and 1362; Title 40 Code of Federal Regulations (CFR) 261.4(a)(13) CFR, 261.6(a)(3)(ii) CFR, 261.2(f) CFR; Sections 376.302(1), 376.308, 403.131(1), 403.708, 403.141(1), 403.161(1), 403.031(7), 403.726, and 403.121, Florida Statutes (F.S.).

At all times, the Bidder shall perform services in compliance with all components of Occupational

Safety and Health Administration (OSHA) Standard 1910, and all other Federal and State requirements for workplace safety applicable to the collection of lead and lead by-products.

The Bidder shall ensure that all services are in compliance with the publication, “Best Management

Practices for Environmental Stewardship of Florida Shooting Ranges” published by the Florida

Department of Environmental Protection (DEP) (Current Edition 2004) and any updates thereto.

This publication is incorporated herein by reference and made part of this ITB, and can be found at the following website.

http://www.dep.state.fl.us/waste/quicktopics/publications/shw/hazardous/shootingrange/FloridaB

MP-2004reducedsize.pdf

2.3 Foreign Materials

The Department will make every effort to ensure that foreign materials are not discarded with the brass.

2.4 Service Task Requirements

2.4.1 The awarded Bidder(s) will be responsible for the pickup and transportation of the brass from the Institution and delivered to a DEP-approved and licensed recycle center. The

Department will stockpile and store the brass at the Institution. The Bidder will be notified by the Department Contract Manager, or designee, when brass removal is needed.

2.4.2 On-site services provided by the successful Bidder shall be conducted between the hours of

8:00 a.m. and 5:00 p.m., local time, Monday through Friday. At the Department’s sole discretion, upon written approval of the Department’s Contract Manager and/or Warden of the Institution, the Bidder may perform services on other days and/or at other times.

However, the services will be provided in accordance with the submitted cost and the Bidder shall not charge the Department additional fees for alternate schedules.

ATC-18-019

http://www.dep.state.fl.us/waste/quicktopics/publications/shw/hazardous/shootingrange/FloridaBMP-2004reducedsize.pdf http://www.dep.state.fl.us/waste/quicktopics/publications/shw/hazardous/shootingrange/FloridaBMP-2004reducedsize.pdf

2.5

2.6

2.7

Response Time

The awarded Bidder shall perform brass removal services within five (5) days of notice given by the Department Contract Manager, or designee.

Removal Documentation

The awarded Bidder shall provide the Department with documentation of proper disposal of the brass at a) DEP approved, licensed, recycling center; b) copies of all transaction documents

(receipts) showing weight amounts; c) payments issued by the recycling center to the Bidder for all brass that was recycled.

Financial Consequences

The parties acknowledge that the late performance of services will interfere with the timely and proper completion of the Department’s operations, and would cause loss and damage to the State.

Further, it would be impracticable and extremely difficult to fix the actual damage sustained by the

State as a result of any such delay. The parties agree upon a reasonable amount of financial consequences, which are not intended to be a penalty, and are solely intended to incentivize performance under the resulting Contract. Accordingly, unless otherwise stated in this ITB, financial consequences shall be assessed in the amount of $100 per day the Bidder fails to deliver equipment, after the time allowed by the Contract or subsequent PO, subject to the force majeure provisions of the resulting Contract. Allowing completion of work, after the time allowed, shall not act as a waiver of financial consequences by the Department.

Nothing in this section shall be construed to make the Bidder liable for delays that are beyond its reasonable control. The Department’s Contract Manager, or designee, will determine the standard of reasonableness in this scenario.

Nothing in this section shall limit the Department’s right to pursue remedies for other types of damages.

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Modifications after Contract Execution

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

The Bidder 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 Bidder 30 days in advance of any Department-required changes to the technical specifications, and/or scope of service, which affect the Bidder’s ability to provide the service as specified herein. Any changes, other than purely administrative changes, will require a written change order or formal Contract amendment.

3.2 Addition/Deletion of Items

The Department reserves the right to add or delete locations, or items from this Bid, or resulting

Contract, when deemed in its best interest. Pricing shall be comparable to amounts awarded as a result of this ITB.

3.3 Mandatory Documentation

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

(1) A completed Attachment I, Price Page;

(2) A completed Attachment II, Bidder’s Contact Information; and

(3) Certification of Drug Free Workplace Program form (Attachment V), if applicable.

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(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 Bidder 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 Bidder 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 Bidder or keep and maintain public records required by the Department to perform the service. If the Bidder transfers all public records to the Department upon completion of the contract, the Bidder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Bidder keeps and maintains public records upon completion of the contract, the Bidder 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 Bidder for a period of five (5) years after the termination of the resulting contract or longer as may be required by any renewal or extension of the Contract. Pursuant to Section 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Bidder to allow public access to all documents, papers, letters, or other material made or received by the Bidder 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.

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

3.5 Price Page

The Bidder shall complete, sign, date, and return Attachment I, Price Page. By submitting a Bid(s) under this ITB, each Bidder warrants its agreement to compensate the Department a percentage of its revenue from recycled brass. Bids should be submitted with the most favorable pricing terms the Bidder can offer the State. Any modifications, counter offers, deviations, or challenges will not be accepted, and may render a Bid non-responsive. The submission of a Bid is the Bidder’s confirmation it can provide the services and all requirements as outlined herein.

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 error, however, in the event of any miscalculation, unit prices shall prevail.

3.6 Purchasing Card Program (PCard)

The State of Florida has implemented use of a PCard, using the Visa platform. Upon mutual agreement of both parties, the Bidder receive payments via the PCard in the same manner as other

Visa purchases. To find out more about the State’s purchasing card program visit:

www.dms.myflorida.com

3.7 Vendor Ombudsman

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

3.8 Payment and Invoicing

Pricing for the Contract resulting from this ITB will be at based on the percentage of brass recycled.

The awarded Vendor will compensate the Department upon delivery of requested services, as specified in Attachment I, Price Page. All charges must be billed in arrears, in accordance with

Section 215.422, F.S. The Bidder must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/FEIN, Contract number, and items provided.

3.9 Contract Management

3.9.1 Department’s Contract Manager

The Contract Manager for this Contract will be:

Wes Kirkland, Deputy Director

Office of Institutional Operations

Florida Department of Corrections

501 S. Calhoun Street

Tallahassee, Florida 32399-2500

ATC-18-019

http://www.dms.myflorida.com/

Telephone: (850) 717-3014

Email: Wes.Kirkland@fdc.myflorida.com

The Contract Manager will:

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

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

3) Submit requests for change orders, if applicable;

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

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

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

The Contract Manager may delegate the following functions to the designated Department staff:

1) Verification of deliverables received from the Bidder;

2) Monitoring the Bidder’s performance; and

3) Reviewing, verification and approval of invoices.

3.9.2 Contract Administrator

The Contract Administrator for this Contract will be:

ATC Administrator

Bureau of Procurement

Florida Department of Corrections

501 S. Calhoun Street, Suite 311

Tallahassee, Florida 32399-2500

Telephone: (850) 717-3700

The Contract Administrator will:

1) Maintain the Contract Administrator file, which is the official Contract file of record;

2) Process all Contract amendments, renewals and requests for termination; and

3) Maintain the official records of all formal correspondences between the Department and the Bidder provided by the Contract Manager for filing in the Contract Administration file.

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 Instructions to Respondent (PUR 1001)

The General Instructions to Respondents are outlined in form PUR 1001 which is 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. The PUR 1001 can be obtained at the following link.

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

4.2 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 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:

Gerri Faircloth, Procurement Officer

Bureau of Procurement

Between the release of the solicitation, and the end of the seventy-two (72) hour period following posting of notice of intention to award (the seventy-two (72) hour period excludes

Saturdays, Sundays, and State holidays), Bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the

Procurement Officer as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response, as per Section 28.057(23), F.S.

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

Interested parties are encouraged to carefully review all the materials contained herein and prepare

Bids accordingly.

4.3 Cost of Bid Preparation

Neither the Department, nor the State of Florida, are liable for any costs incurred by a Bidder 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 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:

(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;

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

(2) All Bids must be submitted in a sealed envelope/package with the relevant ITB number and the date and time of the bid opening clearly marked on the outside of the envelope/package;

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

(4) Late Bids will not be accepted; 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 Bidder submits a redacted copy of the Bid, as outlined in Section 4.18, 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.

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 the Bidder or its agents. All Bid responses 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. Selection or rejection of a Bid shall not affect this right.

4.6 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline.

Bid responses received late (after bid opening date and time) will not be accepted, nor considered, and modification by the Bidder of submitted Bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a Bid response if it is not properly sealed, addressed, or identified. The name of all Bidders submitting Bids will be made available to interested parties, upon written request to the Procurement Officer.

4.7 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 may reject any response not submitted in the manner specified by the solicitation documents.

4.8 Basis of Award

An award shall be made for each location, to the responsive and responsible Bidder(s) that bids the largest Net Percentage of Revenue for recycled brass, as specified on Attachment I, Price Page. A

Bidder may only bid on the locations for which he/she would like to be considered, and is not required to bid on all locations to be found responsive.

In the event the highest net percentage Bidder is found non-responsive, the Department may proceed to the next highest percentage responsive Bidder and continue the award process. If the highest-percentage Bidder is unable to meet the requirements of this ITB, the Department may proceed to the next highest percentage responsive Bidder and continue the award process.

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

4.9 Disposal of Bids

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

4.10 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, unless a different amount of time is indicated by the Department.

4.11 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.

4.13 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.

4.14 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.”

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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 they 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…