CN-700000-19013.pdf

Agency Term Contract

ATC-19-013

Vegetable Transplants

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 Veazey Plant Company (Contractor).

The Contractor responded to the Department’s Invitation to Bid (ITB), No: FDC ITB-19-005, Vegetable Transplants. The Department has accepted the Contractor’s bid and negotiated pricing and enters into this Contract in accordance with the terms and conditions of the ITB, and Section 287.057(5), Florida Statutes (F.S.).

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/or 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 is for three (3) years. The initial Contract term shall begin on February 1, 2019, 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 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-19-005 and all Addenda; and

b) Exhibit B: The Contractor’s Negotiated Pricing to FDC ITB-19-005.

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

a) The Agency Term Contract;

b) Exhibit A: FDC ITB-19-005 and all Addenda; then

c) Exhibit B: Contractor’s Negotiated Pricing

V. Amendments

No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties, with the exception of changes to Section VII., below. 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 317 Tallahassee, FL 32399 Telephone (850) 717-3700 Email: purchasing@fdc.myflorida.com

The Department’s Contract Manager is:

Geoff Pitts, Operations Manager - C Bureau of Contract Management & Monitoring Florida Department of Corrections 501 S. Calhoun St.

Tallahassee, FL 32399-2500 Telephone: (850) 717-3958 Email: Geoff.Pitts@fdc.myflorida.com

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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:

Johnny Veazey, President Veazey Plant Company 231 Belfower Road Tifton, GA 31794 Telephone: (229) 382-6443 Email: vzplants@hotmail.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 upon no less than 30 calendar days’ written 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 For 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’ written notice 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-19-013 Page 3 of 47 mailto:vzplants@hotmail.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 (F.A.C.). 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.

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XII. Additions/Deletions

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

XIII. Delivery

Product(s) shall be shipped as Free on board (FOB), and arrive within 45 days, after the order is placed. Deliveries must be made between 8:30 a.m. and 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract.

The Vendor shall be solely responsible for the shipment until delivery at the designated facility.

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

ATC-19-013 Page 5 of 47 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 Department’s Chief Financial Officer (CFO), or designee. The Department’s 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.

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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, or designee, 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

ATC-19-013 Page 7 of 47 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

The Contractor certifies they are not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the resulting Contract exceeds $1,000,000.00 in total, not including renewal years, the Contractor certifies that they are not listed on either the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Sections 215.473, F.S., and 215.4725, F.S., and further certifies they are not engaged in business operations in Cuba or Syria. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Contractor agrees the Department may immediately terminate the resulting 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, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the resulting Contract. Any company that submits a bid or proposal for a Contract, or intends to enter into or renew a Contract with an agency or local governmental entity for goods or services, of any amount, must certify that the company is not participating in a boycott of Israel.

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INVITATION TO BID (ITB)

FOR

VEGETABLE TRANSPLANTS

FDC ITB-19-005

RELEASED ON

SEPTEMBER 26, 2018

By the:

Florida Department of Corrections

Bureau of Procurement 501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Procurement Officer Jill Campbell purchasing@fdc.myflorida.com

Exhibit A

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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 WORK

2.1 Specifications

2.2 Estimated Quantities

2.3 Substitutions

2.4 Minimum Order

2.5 Damaged Goods

2.6 Financial Consequences

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Addition/Deletion of Items or Locations

3.2 Summary Reports

3.3 Delivery

3.4 Records and Documentation

3.5 Purchasing Card (PCard) Program

3.6 Vendor Ombudsman

3.7 Payment and Invoicing

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 General Instructions to Respondents (PUR 1001)

4.2 Bidder Inquiries

4.3 Cost of Bid Preparation

4.4 Instructions for Bid Submittal

4.5 Price Page

4.6 Mandatory Documentation

4.7 Disclosure of Bid Submittal Contents

4.8 Bid Opening

4.9 Bid Evaluation

4.10 Florida Preference

Exhibit A

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4.11 Basis of Award

4.12 Disposal of Bids

4.13 Bid Rules for Withdrawal

4.14 Addenda

4.15 Verbal Instruction Procedure/Discussions

4.16 No Prior Involvement and Conflict of Interest

4.17 State Licensing Requirements

4.18 MyFloridaMarketPlace (MFMP) Registration

4.19 Confidential, Proprietary, or Trade Secret Material

4.20 E-Verify

4.21 Vendor Substitute W-9

4.22 Scrutinized Companies Certification

4.23 Identical Tie Bids

4.24 Rejection of Bids

4.25 Inspector General

4.26 Protest Procedures

SECTION 5.0 SPECIAL CONDITIONS

5.1 General Contract Conditions (PUR 1000)

5.2 Modifications after Contract Execution

5.3 State Initiatives

5.4 Subcontracts

5.5 Copyrights, Right to Data, Patents and Royalties

5.6 Independent Contractor Status

5.7 Assignment

5.8 Severability

5.9 Use of Funds for Lobbying Prohibited

5.10 Employment of Department Personnel

5.11 Legal Requirements

5.12 Insurance

5.13 Annual Appropriation

5.14 Tax Exemption

5.15 Prison Rape Elimination Act (PREA)

ATTACHMENT I - Price Page

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ATTACHMENT II - Bidder’s Contact Information and Certification

ATTACHMENT III - Certification of Drug Free Workplace Program

ATTACHMENT IV - Delivery Locations

ATTACHMENT V - Security Requirements

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TIMELINE

FDC ITB-19-005

EVENT DATE/TIME LOCATION

Release of ITB September 26, Vendor Bid System:

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

Last day for written Inquiries and requests for approved equivalents to be received by the Department

October 5, 2018, By 5:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Jill Campbell, Procurement Officer Email: Purchasing@fdc.myflorida.com

Anticipated Posting of Written Responses to

Written Inquiries November 2, 2018 Vendor Bid System:

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

Sealed Bids are Due and Opened

November 9, 2018 2:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Jill Campbell, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399-2500

Anticipated Posting of Recommended Award

December 11, Vendor Bid System:

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

Exhibit A

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SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure competitive Bids, from qualified Bidders, to provide various Vegetable Transplants to various correctional institutions throughout the State. The Department is issuing this solicitation to establish a new resultant Agency Term Contract (ATC).

1.2 Contract Term and Renewal

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

1) Addenda, in reverse order of issuance

2) Invitation to Bid (ITB), including attachments

3) General Contract Conditions (Form PUR 1000) (Section 5.1)

4) 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 (ATC): A written master agreement between the Department and awarded Bidder that is mandatory for use by the entire Department, under which Purchase Orders (PO) shall be issued.

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

c. 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 the ITB.

d. Day: A calendar day, unless otherwise noted.

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

f. 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

Page 6 of 37ATC-19-013 Page 15 of 47 rejected for failure to meet mandatory responsiveness requirements will not be reviewed further.

g. Material Deviation(s): 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 a substantial 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.

h. Minor Irregularity: A variation from the ITB terms and conditions, not giving the Bidder a substantial 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.

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

j. 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.

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

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

m. 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.

n. Vendor or Bidder: A legally qualified corporation, partnership, or other entity submitting a Bid to the Department, pursuant to this ITB.

SECTION 2.0 SCOPE OF WORK

2.1 Specifications

The successful Bidder shall furnish various Vegetable Transplants, as specified in Attachment I, Price Page, or an approved equivalent. This Attachment has the specifications for the products or services to be provided under this ITB, and resulting Contract. All products or services must be bid as specified. Submittal of requests for approved equivalents must be submitted in writing to purchasing@fdc.myflorida.com prior to the deadline for questions as specified by the Timeline. The approved equivalents will be posted along with the Department’s response to submitted questions.

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2.2 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.

2.3 Substitutions

The Bidder will be required to provide only the product(s) awarded. Substituted products delivered or provided to the Department without prior approval by the Department’s Contract Manager, or designee, are prohibited, may be returned at the Bidder’s expense, and may lead to termination of the Contract.

In the event the product specified can no longer be provided, for reasons beyond the Bidder’s control (i.e. product discontinuance), the Bidder shall provide an alternate product request to the Department’s Contract Manager, or designee. The alternate product must meet (or exceed) all terms, conditions, and specifications applicable to the originally specified product. A product sample for review may be required by the Department prior to acceptance.

2.4 Minimum Order

There is no minimum order.

2.5 Damaged Goods

The Bidder shall be responsible for filing, processing, and collecting all damage claims.

However, to assist the Bidder in the expeditious handling of damage claims, the Department’s Contract Manager, or designee, will:

1) Record any evidence of visible damage on all copies of the delivery carrier’s Bill of Lading.

2) Report damage (visible or concealed) to the carrier and Bidder, confirming such reports, in writing, within 15 days of delivery, requesting that the carrier inspect the damaged merchandise.

3) Retain the item and its shipping container, including inner packing material, if applicable, until inspections are performed by the carrier and disposition given by the Bidder.

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

2.6 Financial Consequences

The parties acknowledge that the late performance or delivery of goods will interfere with the timely and proper completion of services, 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 for each day the Bidder fails to complete a service, or for each day the Bidder fails to deliver goods, after the time allowed by the Contract or subsequent purchase order, ATC-19-013 Page 17 of 47 subject to the force majeure provisions of the 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 their reasonable control. The Department’s Contract Manager, or designee, shall make the determination as to what the term “reasonable” will mean in the context of any delay.

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

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SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Addition/Deletion of Items or Locations

The Department reserves the right to add or delete goods/services within the general scope of this ITB in the resulting Contract, when considered to be in its best interest.

Pricing shall be comparable to amounts awarded as a result of this ITB.

3.2 Summary Reports

The Bidder shall provide the Department’s Contract Manager, or designee, a report of resultant Contract sales at the end of each quarter (March, June, September and December). The report shall summarize, at a minimum: total number of units sold during the quarter, total dollar value of units sold during the quarter, total number of units sold during the quarter by delivery location, total number of units sold, and total dollar value sold for the entire Contract term to date. The Department may, at its discretion, develop the format the Bidder must use for reporting. Any report format developed by the Department shall be incorporated into, and shall become a part of, the original resultant Contract. A summary report shall also be required for time periods that include less than three full months of business (such as, the beginning, or end of the Contract term). Failure to provide this information within 30 days following the end of each quarter may result in the termination of the Contract.

3.3 Delivery

Product(s) shall be shipped as Freight on board (FOB), and arrive within 45 days, after the order is placed. Deliveries must be made between 8:30 a.m. and 4:00 p.m., Eastern Time (ET), Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract. The Bidder shall be solely responsible for the shipment until delivery at the designated facility. Delivery locations are specified in Attachment IV.

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 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

ATC-19-013 Page 19 of 47 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 either Section 119.07(1), F.S. or Section 119.071, 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 Purchasing Card (PCard) Program

The State of Florida has implemented use of a PCard, using the Visa platform. Upon mutual agreement of both parties, the Bidder will 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.

3.6 Vendor Ombudsman

A Vendor Ombudsman has been established within the Florida Department of Financial Services (DFS). 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 (850) 413-5516.

3.7 Payment and Invoicing

Pricing for the Contract resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Bidder for the delivery of commodities and/or 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, PO number, and items provided.

ATC-19-013 Page 20 of 47

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 and are incorporated in this ITB by reference. The PUR 1001 is available as a downloadable document at http://dms.myflorida.com/content/download/2934/11780. 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 Bid response.

4.2 Bidder Inquiries

Questions related to this ITB or request for approved equivalents must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Verbal 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.

Jill Campbell, Procurement Officer Bureau of Procurement Florida Department of Corrections 501 South Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3700 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), 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 this solicitation. 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 contact the Bureau of Procurement at (850) 717-3700, at least five (5) days prior to any pre-solicitation conference, solicitation opening or public 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 Bidder in response to this ITB.

Exhibit A

Page 12 of 37ATC-19-013 Page 21 of 47 http://dms.myflorida.com/content/download/2934/11780

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.

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

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

4) Late Bids will not be accepted.

5) Submit one (1) original Bid, and one (1) electronic copy in searchable PDF format on a CD/DVD or flash drive (not password protected). The electronic copy must contain the entire Bid, as submitted, including all supporting and signed documents. If the Bidder chooses to submit a redacted copy of their Bid, as outlined in Section 4.19, 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/DVD or flash drive (not password protected).

4.5 Price Page

The Bidder shall complete, sign, date, and return Attachment I, Price Page. By submitting a Bid(s) in response to this ITB, each Bidder warrants its agreement to the prices provided. 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.

Bids must be firm prices and be inclusive of all packaging, handling, shipping and delivery charges, travel, environmental and fuel service fees and relevant other charges.

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.

ATC-19-013 Page 22 of 47

4.6 Mandatory Documentation

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

1) Price Page – Attachment I

2) Florida Preference Letter, as outlined in Section 4.10

3) Bidder’s Contact Information and Certification – Attachment II

4) Certification of Drug Free Workplace Program form, if applicable – Attachment III

4.7 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 or returned. 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.

4.8 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Bid responses received late (after bid opening date and time) will not be accepted, nor considered, and modification by the Bidder of submitted Bids will not be allowed, unless the Department has made a request for additional information.

Department staff will not be held responsible for the inadvertent opening of a Bid response if it is not properly sealed, addressed, or identified. The name of all Bidders submitting Bids will be made available to interested parties, upon written request to the Procurement Officer.

4.9 Bid Evaluation

Bids that do not meet the requirements specified in this ITB may be considered non-responsive. The Department reserves the right to accept, or reject, any and all responses, or separable portions thereof, and to waive any minor irregularity, technicality, or omission(s), if the Department determines that doing so will serve its best interest(s). The Department may reject any response not submitted in the manner specified in this solicitation.

4.10 Florida Preference

In accordance with Section 287.084, F.S., a Vendor whose principal place of business is located outside of the State of Florida, must accompany their Bid response documents with a written letter from an attorney-at-law, licensed to practice law in the State where their principal place of business is located, describing the preferences granted by that State (if any) to its own business entities in the award of public contracts. The written document must identify either the preference granted or contain a statement specifying that no preferences are granted.

When the lowest responsible and responsive Bid is submitted by a Bidder whose principal place of business is located outside the State of Florida, a five percent (5%) price preference shall be awarded to Bidders whose principal place of business is within the State of Florida, unless the State where the out-of-state Bidder is located provides a

ATC-19-013 Page 23 of 47 different price preference for businesses having a principal place of business in that State.

In that case, the same price preference shall be awarded to the lowest responsible and responsive Bidder whose principal place of business is located in the State of Florida responding to this competitive solicitation.

A Vendor may submit questions regarding this requirement during the prescribed question and answer period noted in the Timeline.

4.11 Basis of Award

An award shall be made to the responsive and responsible Bidder with the lowest Grand Total Price as specified on Attachment I, Price Page. The Bidder is required to bid on all items, in order for their Bid to be considered responsive.

In the event the low cost Bidder is found non-responsive, the Department may proceed to the next lowest cost responsive Bidder and continue the award process.

4.12 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.

4.13 Bid Rules for Withdrawal

A submitted Bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the Bidder, and must be received within 72 hours after the Bid submission date indicated in the Timeline. Any submitted Bid shall remain valid for 180 days from the Bid submission date.

4.14 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, information will be posted on the Florida Vendor Bid System (http://vbs.dms.state.fl.us/vbs/main_menu).

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

4.15 Verbal Instruction Procedure/Discussions

The Bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any State employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the State. Additionally, only written communications from a Bidder are recognized as duly authorized expressions on behalf of the Bidder. Any discussion by a Bidder with any employee, or representative of the Department, involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said Bidder’s response.

Exhibit A

ATC-19-013 Page 24 of 47

4.16 No Prior Involvement and Conflict of Interest

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

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

The Bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which 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 or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

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

4.17 State Licensing Requirements

As applicable, all entities defined under Chapters 607, 617 or 620, F.S., seeking to do business with the Department shall be on file and in good standing with the State of Florida, Department of State (DOS), or provide certification of exemption from this requirement.

4.18 MyFloridaMarketPlace (MFMP) Registration

Each Bidder doing business with the State of Florida, as defined in Section 287.012. F.S., shall maintain an active registration in the MFMP Vendor Information Portal (VIP), unless exempted under Rule 60A-1.033, Florida Administrative Code (F.A.C.). A Bidder not currently registered in the MFMP VIP system shall do so within five (5) days of award, unless otherwise exempt.

Registration may be completed at: http://vendor.myfloridamarketplace.com. Those needing assistance may contact the MFMP Customer Service Desk at 1-866-352-3776 or vendorhelp@myfloridamarketplace.com.

4.19 Confidential, Proprietary, or Trade Secret Material

The Department takes its public records responsibilities as provided under Chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously. If the Bidder

Exhibit A

ATC-19-013 Page 25 of 47 http://vendor.myfloridamarketplace.com/ considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Bidder must also simultaneously provide…