CN-700000-20011.pdf

Agency Term Contract

ATC-20-011

Non-Regulated Trash Collection Services - Pensacola CRC and Region I Service Center

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 Waste

Pro of Florida, Inc. (Contractor). The Department and Contractor are collectively referred to herein as “Parties,” and individually as a “Party.” All capitalized terms shall have the meaning assigned to them in the Contract, unless otherwise defined here.

The Contractor responded to the Department’s Invitation to Bid (ITB) No: FDC ITB-20-021, Non-

Regulated Trash Collection Services - Region I. The Department has accepted the Contractor’s bid and enters into this Contract in accordance with the terms and conditions of ITB-20-021.

Accordingly, and in consideration of the mutual promises contained in the Contract, the Parties 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 June 18, 2020, 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-20-021 and all Addenda; and

b) Exhibit B: Contractor’s Pricing.

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

a) The Agency Term Contract;

b) Exhibit A: FDC ITB-20-021 and all Addenda; then

c) Exhibit B: Contractor’s 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, except 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:

Contract Administrator

Bureau of Procurement

Florida Department of Corrections

501 S. Calhoun Street, Suite 327

Tallahassee, FL 32399

Telephone (850) 717-3700

The Department’s Contract Manager is:

Loran Schrader, Correctional Services Consultant

Office of Institution

Florida Department of Corrections

501 S. Calhoun Street

Tallahassee, FL 32399-2500

Telephone (850) 717-3671

Email: Loran.Schrader@fdc.myflorida.com

Agency Term Contract

ATC-20-011

mailto:Loran.Schrader@fdc.myflorida.com mailto:Loran.Schrader@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 individual(s) to serve as the designated contact person for this Contract:

Primary Contact:

Loyd Childree, Director of Governmental Affairs

Waste Pro of Florida, Inc.

8487 Congressional Drive

Tallahassee, Florida 32312

Telephone: (850) 544-2226

Email: LChildree@wasteprousa.com

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

Contractor’s designated contact person(s), above. It will be the designated contact person’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, the Department can terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach for cause within 30 calendar days upon written notice by the Department. Any breach of this Contract which is still left

Agency Term Contract

ATC-20-011

mailto:LChildree@wasteprousa.com mailto:LChildree@wasteprousa.com uncured by the Contractor after the Department has elected to provide 30 calendar days to cure (remedy) the breach, may result in the Department’s termination of this

Contract upon 24 hours written notice by the Department. If the Department does not elect to afford an opportunity for the Contractor to cure a breach (e.g. instances of egregious Contractor conduct or other Contractor actions which may be harmful to the

Department), the Department may immediately terminate this Contract for cause, upon

24 hours’ written notice to the Contractor, 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 providing 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 obligations under this Contract. No subcontract, into which the Contractor enters with respect to performance of any obligations, shall in any way relieve the Contractor of any responsibility for the performance of its contractual 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 Decreases

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. All prices are firm and shall be held for the duration of the Contract term. Equitable price adjustments shall only be considered if they are received and justified in accordance with the PUR

1000, as referenced in Exhibit A.

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

Containers must be provided and services must begin within one (1) week of Contract execution, or at a time mutually agreed upon between both Parties. The Contractor shall work with the

Department’s Contract Manager, or designee, to establish delivery times at the frequency established in Exhibit B. Deliveries of goods, or provision of services, must be made between

8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract.

XIV. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the

Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Contractor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the

Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the

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

C. Disputes

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

Agency Term Contract

ATC-20-011

mailto:CO.PublicRecords@fdc.myflorida.com mailto:CO.PublicRecords@fdc.myflorida.com 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, or designee.

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 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 of 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

INVITATION TO BID (ITB)

FOR

NON-REGULATED TRASH COLLECTION SERVICES – REGION I

FDC ITB-20-021

RELEASED ON

FEBRUARY 13, 2020

By the:

Florida Department of Corrections

Office of Financial Management Bureau of Procurement 501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Procurement Officer Teresa Herndon purchasing@fdc.myflorida.com

Exhibit A FDC ITB-20-021 and all Addenda

ATC-20-011

mailto:purchasing@fdc.myflorida.com

Table of Contents

TIMELINE

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

1.2 Contract Term and Renewal

1.3 Conflicts and Order(s) of Precedence

1.4 Definitions

SECTION 2.0 SCOPE OF WORK

2.1 Specifications

2.2 Estimated Quantities

2.3 Financial Consequences

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Addition/Deletion of Items or Locations

3.2 Summary Reports

3.3 Records and Documentation

3.4 Purchasing Card (PCard) Program

3.5 Vendor Ombudsman

3.6 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 Responsiveness Requirements

4.7 Disclosure of Bid Submittal Contents

4.8 Bid Opening

4.9 Bid Evaluation

4.10 Basis of Award

4.11 Disposal of Bids

4.12 Bid Rules for Withdrawal

4.13 Addenda

4.14 Verbal Instruction Procedure/Discussions

4.15 No Prior Involvement and Conflict of Interest

4.16 State Licensing Requirements

4.17 MyFloridaMarketPlace (MFMP)

4.18 Confidential, Proprietary, or Trade Secret Material

4.19 E-Verify

4.20 Vendor Substitute W-9

4.21 Scrutinized Companies Certification

4.22 Identical Tie Bids

4.23 Rejection of Bids

4.24 Inspector General

4.25 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

Attachment II – Bidder’s Contact Information and Certification

Attachment III – Certification of Drug-Free Workplace Program

Attachment IV – Security Requirements

TIMELINE

FDC ITB-20-021

EVENT DATE/TIME LOCATION

Release of ITB February 13, 2020 Vendor Bid System http://www.myflorida.com/apps/vbs

Last day for written Inquiries to be received by the Department

February 21, 2020 By 5:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Teresa Herndon, Procurement Officer Email: purchasing@fdc.myflorida.com

Anticipated Posting of Written Responses to

Written Inquiries March 20, 2020

Vendor Bid System;

http://www.myflorida.com/apps/vbs

Sealed Bids Due and Opened

April 2, 2020 2:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Teresa Herndon, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399-2500

Anticipated Posting of Recommended Award

May 4, 2020 Vendor Bid System;

http://www.myflorida.com/apps/vbs http://www.myflorida.com/apps/vbs mailto:purchasing@fdc.myflorida.com http://www.myflorida.com/apps/vbs

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure Responsive Bids, from Responsible Bidders, to provide trash collection services for various correctional institutions throughout the Department’s geographical Region I. The Department is issuing this solicitation to establish a new Agency Term Contract (ATC).

1.2 Contract Term and Renewal

As a result of this ITB, the successful Responsible Bidder(s) per service location will be awarded a three (3) year Contract(s), 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); then

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 or Contract): A written agreement between the Department and awarded Bidder that is mandatory for use by the entire Department, is a result of this ITB, and off of 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. Day: A calendar day, unless otherwise noted.

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

e. Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Bidder to be considered responsive to this solicitation.

f. Material Deviation(s): A deviation which, in the Department’s sole discretion, is not in substantial accord with the ITB’s requirements, provides a substantial competitive 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.

g. Minor Irregularity: A variation from the ITB terms and conditions which does not give the Bidder a substantial competitive advantage or benefit not enjoyed by other Bidders, and not adversely impact the interests of the Department.

h. PCard: The State of Florida’s purchasing card program which utilizes the Visa platform.

i. Responsible Bidder: A Bidder who has the capability to fully perform all aspects of the Contract requirements, and the integrity and reliability to ensure good faith performance.

j. Responsive Bid: A Bid, submitted by a Responsible Bidder, that conforms to all material aspects of this ITB.

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

l. Subcontract: An agreement between the Bidder and any other person, or organization, wherein that person or organization agrees to perform any contractual duties for the Bidder, specifically related to securing, or fulfilling, the Bidder’s obligations to the Department, under the terms of any Contract. The awarded Bidder is not relieved of its duties under the Contract when it enters a Subcontract.

m. Vendor or Bidder: A legally qualified corporation, partnership, or other business entity that submits a Bid to the Department in response to this ITB.

SECTION 2.0 SCOPE OF WORK

2.1 Specifications

The awarded Bidder shall provide the services, as specified in Attachment I, Price Page.

This Attachment has the specifications for the items or services to be provided under this ITB, and Contract. All commodities or services must be Bid as specified. These items and/or services will be considered deliverables in the Contract.

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. Weight estimates provided on Attachment I, Price Page, are based on Department research to provide a standardized weight for Bid purposes only.

2.3 Financial Consequences

The Department desires to contract with a Bidder who clearly demonstrates its willingness to be held accountable for the achievement of Contract performance upon execution of the Contract. The Bidder agrees it will be assessed a reasonable amount of financial consequences, in accordance with Florida Statute, which are not intended to be a penalty, and are solely intended to incentivize performance under the Contract.

Accordingly, and unless otherwise stated in this ITB, financial consequences shall be assessed in the amount of $100 per calendar day for each day the Bidder fails to complete a service, or for each day the Bidder fails to deliver commodities, after the time allowed by the Contract, or subsequent purchase order, 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. Failure to provide required reports shall also result in the assessment of this $100 per calendar day financial consequence if reports are required by this ITB or the Contract.

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 other remedies at equity or law if damages occur.

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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 commodities/services, or locations serviced in the Contract when considered to be in its best interest and within the general scope of this ITB. 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 Contract sales at the end of each quarter (March, June, September, and December, unless otherwise specified by the Department’s Contract Manager, or designee). The report shall summarize, at a minimum: total number of units sold during the quarter, total dollar value of units sold during the quarter, total number of units sold by delivery location for the quarter, total number of units sold for the quarter, 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 Contract. A summary report shall also be required for time periods that include less than three (3) full months of business (such as the beginning or end of the Contract term). Failure to provide this information within 30 calendar days following the end of each quarter shall result in the assessment of financial consequences, as indicated in Section 2.3, or termination of the Contract.

3.3 Records and Documentation

To the extent that information is utilized in the performance of the 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 Bidder 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 term, then 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 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 Sections 119.07(1) and 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 improper disclosure of confidential information and promises to defend the Department against the same at its expense.

3.4 Purchasing Card (PCard) Program

The State of Florida has implemented the use of a PCard using the Visa platform. Upon mutual agreement of the Department and Bidder, 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, a Bidder may visit: www.dms.myflorida.com.

3.5 Vendor Ombudsman

A Vendor Ombudsman has been established within the Florida Department of Financial

Services. The duties of this office include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a State agency. The Vendor

Ombudsman may be contacted by calling the Florida Department of Financial Services at (850) 413-5516 or toll-free at 800-342-2762.

3.6 Payment and Invoicing

Pricing for the Contract will be at a fixed-rate. The Department will compensate the awarded 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.

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

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents are outlined in form PUR 1001 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 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://www.myflorida.com/apps/vbs.

Teresa Herndon, 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.

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. The emphasis in each Bid must be on completeness and clarity of http://dms.myflorida.com/content/download/2934/11780 mailto:Purchasing@fdc.myflorida.com content. In order to expedite the review of Bids, it is essential that Bidders adhere to the following:

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 marked clearly on the outside of the envelope/package.

3) It is the Bidder’s responsibility to ensure its Bid submitted is delivered to the proper place and time as stipulated in the Timeline. The Department’s clocks will stamp

Bids when received, and provide the official time for Bid opening.

4) Late Bids will not be accepted and will not be opened.

5) A Bidder shall submit one (1) original Bid in paper format, 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 4.18, 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 a 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 and will hold pricing as Bid throughout the Contract term. Bids should be submitted with the most favorable pricing terms the Bidder can offer the State. Any modifications, qualifications, counteroffers, 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, environmental and fuel service fees, and any other relevant and related charges.

If a submitted Attachment I, 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.

4.6 Mandatory Responsiveness Requirements

All Bidders must submit the following mandatory documentation with their Bid. Any Bid rejected for failure to meet Mandatory Responsiveness Requirements will not be reviewed further.

1) Price Page – Attachment I

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

3) Certification of a 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. The 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 Bids, 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 Bid not submitted in the manner specified in this ITB.

Material Deviations cannot be waived and shall be the basis for determining a Bid non-responsive. A Minor Irregularity will not result in a rejection of a Bid.

4.10 Basis of Award

An award shall be made to the Responsible Bidder providing a Responsive Bid with the lowest Grand Total Price, per service location, as specified on Attachment I, Price Page.

The Bidder is required to bid all items at a service location in order for their Bid to be considered responsive for that service location. The Bidder does not have to bid on all Institutions for their Bid to be considered responsive.

In the event the Bidder with the lowest Grand Total Price, per service location, is found non-responsive, the Department may proceed to the next Responsible Bidder with the lowest Grand Total Price, per service location, and continue the award process.

4.11 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.

4.12 Bid Rules for Withdrawal

A Bid may be withdrawn by submitting a written request for its withdrawal to the

Department’s Procurement Officer. 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 other Bid shall remain valid for 180 days from the Bid’s opening date.

4.13 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, the information will be posted on the Florida Vendor Bid System

(http://www.myflorida.com/apps/vbs).

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

4.14 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 the posting of the Notice of Agency Decision, may result in rejection of that Bidder’s Bid.

4.15 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 is 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.

4.16 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 Florida

Department of State, or provide certification of exemption from this requirement.

4.17 MyFloridaMarketPlace (MFMP)

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-1.031, 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.

Pursuant to Section 287.057(22), F.S. and Rule 60A-1.031, F.A.C., all Bidder payments shall be assessed a transaction fee of 1% unless otherwise exempt. This transaction fee is non-refundable, and failure of a Bidder to pay as required may result in that

Bidder being excluded from conducting future business with the State.

4.18 Confidential, Proprietary, or Trade Secret Material

The Department takes its public records responsibilities as provided under Chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously. If the Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Bidder must also simultaneously provide the Department with a separate redacted copy of its response (both printed copy and a searchable PDF document on a CD/DVD or flash drive) and briefly describe, in writing, the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the Bidder on the cover, and shall be clearly titled “Redacted Copy.” The redacted copy shall be provided to the Department at the same time the Bidder submits its response to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. The Bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, the Bidder shall protect, defend, and indemnify the Department for any and all claims arising from or relating to

Bidder’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the Bidder fails to submit a redacted copy with its response, the Department is authorized to produce the entire documents, data, or records submitted by the Bidder in answer to a public records request for these records. In no event shall the Department, or any of its employees, or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this solicitation.

4.19 E-Verify

In accordance with Executive Order 11-116, “The provider agrees to utilize the U.S.

Department of Homeland Security’s E-Verify system, https://e-verify.gov/employers, to verify the employment eligibility of all new employees hired during the contract term by the Provider. The Provider shall also include a requirement in subcontracts that the subcontractor shall utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.” Bidders meeting http://vendor.myfloridamarketplace.com/ http://dev-st-fdc1/sites/WMGD/Bureau-of-Procurement/Shared%20Documents/vendorhelp@myfloridamarketplace.com https://e-verify.gov/emp the terms and conditions of the E-Verify System are deemed to be in compliance with this provision.

4.20 Vendor Substitute W-9

The Florida Department of Financial…