CN-700000-8384R.pdf

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Model Commodity Term Bid (08/08/2012) ITB# 12-DC-8385

GENERAL

SEALED BIDS: All price sheets and this form must be executed and submitted in a sealed envelope.

1. EXECUTION OF BID: Bid must contain a manual signature of vendor’s authorized representative in the space provided above. Bid must be typed or printed in ink. Use of erasable ink or pencil is not permitted. All corrections made by bidder to his bid price must be initialed.

2. NO BID: If not submitting a bid, respond by returning only this bidder acknowledgment form, marking it "NO BID" and explain the reason in the space provided above.

3. BID OPENING: Sealed bids must be received prior to the bid opening date and time. Copies of bid tabulations will not be provided at the bid opening. A bid may not be altered after opening of the bids. Bid files may be examined during normal working hours by appointment only and pursuant to Chapter 119.071, F.S.

4. TAXES: The State of Florida does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. Tax exemption number/certificate will be provided upon request. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvement of state owned real property as defined in Chapter 192, F.S.

5. CASH DISCOUNTS: Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.

6. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, and all instructions pertaining to supplies and services. Failure to do so will be at bidder’s risk. In case of mistake(s) in extension(s), the unit price will govern and extensions will be corrected and initialed by the department’s procurement official before final tabulations are posted. All corrections made by bidder to his unit bid price(s), including corrections made with white out, must be initialed.

7. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new, and the most current standard model available at the time of the bid, unless otherwise stated. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

8. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder.

CONDITIONS

9. INVOICING AND PAYMENT: INTEREST PENALTIES: Payment shall be made in accordance with Section 215.422, F.S., which states the contractors rights and the State agencies responsibilities concerning interest penalties and time limits for payment of invoices. Vendors providing goods and services to an agency should be aware of the following time frames: Upon receipt, an agency has five (5) working days to inspect and approve the goods and services, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty set by the Comptroller pursuant to Section 55.03 F.S., will be due and payable, in addition to the invoice amount, to the vendor. To obtain the applicable interest rate, contact the agency finance and accounting office. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. Vendor payment history may be viewed on-line @ https://flair.dbf.state.fl.us/caspub/vnpayhst.htm. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be contacted at (850) 413-5516. The Department will review the conditions and circumstances surrounding non-payment, and unless there is a bonafide dispute, may, in writing, authorize the contract supplier to reject and return purchase orders from said agency until such time as the agency complies with the provisions of Section 215.422, F.S.

10. DELIVERY: Unless actual date is specified (or if specified delivery cannot be met), show number of days required to make delivery after receipt of purchase order in space provided above. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be Monday through Friday, 8:00 a.m. to 11:30a.m. and l:00 p.m. to 4 p.m. Eastern Standard Time, excluding State of Florida holidays, unless otherwise specified.

11. ADDITION OR DELETION OF TERMS OR CONDITIONS: No addition or deletion of the terms or conditions included with the bid response shall be evaluated or considered and any and all such revisions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the bidders authorized signature affixed to the bidder acknowledgment form attests to this.

BIDS WILL BE OPENED

April 17, 2013 @ 3:00 A.M. P.M.

BID NO.

12-DC-8384R

Page 1of 30 Pages

AGENCY RELEASE DATE:

March 27, 2013

BID TITLE

Food Service Small Ware Items

FEDERAL TAX ID NUMBER:

31-4220410

DELIVERY DATE WILL BE 7-28 DAYS after receipt of Purchase Order

VENDOR NAME: The Jones Metal Products Co., Inc., DBA The Jones Zylon Co. REASON FOR NO BID:

POSTING OF BID TABULATIONS

Bid tabulations with recommended awards will be posted for review by interested parties on the Department of Management Services Vendor Bid System and will remain posted for a period of 72 hours.

Failure to file a protest within the time prescribed in Section 120.57(3), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

VENDOR MAILING ADDRESS: PO Box 149, 305 North Center St.

CITY – STATE – ZIP

West Lafayette, OH 43845

PHONE:

(740) 545-6341

TOLL FREE: (800) 848-8160

FAX: (877) 632-6344

I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the bidder is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements. In submitting a bid to the Department of Corrections , the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the Department of Corrections all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the Department of Corrections. At the States discretion, such assignment shall be made and become effective at the time the agency tenders final payment to the bidder.

Original Signature on File

AUTHORIZED SIGNATURE (manual)

Todd Kohl, President

AUTHORIZED SIGNATURE & TITLE (printed or typed)

SUBMIT BIDS TO:

Department of Corrections Carlton Building, 501 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone: 850-717-3683

STATE OF FLORIDA

DEPARTMENT OF CORRECTIONS

INVITATION TO BID

Bidder Acknowledgement for an

AGENCY TERM CONTRACT

COMMODITY CODE: 240-070,

240-350, 240-560, 240-700, 240-910 372-480, 372-960, 490-860 & 780-900

TABLE OF CONTENTS

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

2.2 Contract

2.3 Cooperative Purchasing

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SECTION 3 – PRODUCT INFORMATION

3.1 Specifications

3.2 Delivery

3.3 Minimum Order

3.4 Quantity Discounts

3.5 Contract Substitutions

3.6 Damaged Goods

3.7 Trade Names

3.8 Contract Sales Report

3.9 Estimated Quantities

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SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Procurement Manager

4.2 Timeline

4.3 Procurement Rules

4.3.1 Mandatory Vendor Registration

4.3.2 Submission of Bids

4.3.3 Bid Opening

4.3.4 Costs of Preparing Bid

4.3.5 Disposal of Bids

4.3.6 Bid Rules for Withdrawal

4.3.7 Rejection of Bids

4.3.8 Bid Inquiries

4.3.9 Verbal Instructions

4.3.10 No Prior Involvement and Conflicts of Interest

4.3.11 Department of State Licensing Requirements

4.3.12 Minority/Women/and Veterans

4.3.13 Filing Notices of Intent to Protest or Formal Protest

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SECTION 5 – BID FORMAT AND CONTENTS

5.1 Responsiveness Requirements

5.2 Contact for Contract Administration

5.3 Addenda

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SECTION 6 – AWARD OF CONTRACT

6.1 Posting of Recommended Award

6.2 Basis of Award

6.4 Identical Tie Bids

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SECTION 7 – CONTRACT TERMS AND CONDITIONS

7.1 Contract

7.2 Payments and Invoices

7.3 Vendor’s Expenses

7.4 Contract Management

7.4.1 Department’s Contract Administrator

7.5 Contract Management Changes

7.6 Records

7.6.1 Disclosure of Bid Contents

7.6.2 Audit Records

7.6.3 Retention of Records

7.7 Procurement of Materials with Recycled Content

7.8 Employment of Department Personnel

7.9 Non-Discrimination

7.10 Americans with Disabilities Act

7.11 Disputes

7.12 Assignment

7.13 Severability

7.14 Use of Funds for Lobbying Prohibited

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ATTACHMENT 1 –CONTACT FOR CONTRACT ADMINISTRATION

ATTACHMENT 2 – INSTITUTIONS/WORK CAMPS/FORESTRY CAMPS/ROAD PRISONS

ATTACHMENT 3 – PURCHASE ORDER TERMS AND CONDITIONS

COST INFORMATION SHEET

COST INFORMATION SHEET (CON’T)

COST INFORMATION SHEET (CON’T)

GENERAL CONTRACT CONDITIONS (PUR 1000)

The General Contract Conditions are outlined in PUR 1000 which is a downloadable document incorporated in this bid by reference.

There is no need to return this document with the bid response.

http://dms.myflorida.com/content/download/2933/11777

GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

The General Contract Conditions are outlined in PUR 1000 which is a downloadable document incorporated in this bid by reference.

There is no need to return this document with the bid response.

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

SECTION 1 – DEFINITIONS

The following terms used in this Invitation to Bid (“ITB”), unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Balance Of Line: Balance of line refers to additional items that may be needed by the department. Awards are not based on pricing submitted for balance of line items, but bidders must submit pricing for all balance of line items in order for their bid to be considered responsive. When balance of line items are listed in a solicitation, the department will clearly indicate what items will be considered in the basis for award.

1.2 Breach of Contract: The condition of the relationship between the Department and the Successful bidder which exists when the

Successful bidder fails to perform under the terms and conditions of the Contract which may result from this ITB.

1.3 Contract: The agreement which results from this ITB between the winning Bidder and the Department.

1.4 Successful bidder: The organization or individual providing services to the Department in accordance with the terms of the Contract which results from this ITB.

1.5 Department or Owner: The Florida Department of Corrections referred to in this ITB document.

1.6 Desirable Conditions: The use of the words “should” or “may” in this ITB indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a proposal.

1.7 Material Deviations: The Department has established certain requirements with respect to bids to be submitted by bidders. The use of shall, must or will (except to indicate simple futurity) in this ITB indicates a requirement or condition which may not be waived by the Department except where the deviation therefrom is not material. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with this ITB’s requirements, provides an advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a bid.

1.8 Minor Irregularity: A variation from the ITB terms and conditions which does not affect the price of the bid or give the bidder an advantage or benefit not enjoyed by the other bidders or does not adversely impact the interests of the Department.

1.9 P-Card: Refers to the State of Florida’s purchasing card program, using the Visa platform.

1.10 Purchase Order: The contract document issued by the Department to the Vendor to procure goods and services.

1.11 Responsible Vendor: A vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

1.12 Responsive Bid: A bid, submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation.

1.13 Vendor, Offeror and Bidder: A legally qualified corporation, partnership or other entity submitting a bid to the Department pursuant to this ITB.

1.14 Winning or Successful Bidder: The business or entity submitting the lowest responsive bid, meeting all requirements of the Department’s

ITB.

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

The purpose of this Invitation to Bid is to secure competitive bids from qualified vendors to provide food service small ware items to various locations throughout the state. The Department is issuing this solicitation to establish a new agency term contract. The successful bidder shall furnish only the product(s) specified.

2.2 Contract

As a result of this ITB, the Successful bidder shall be awarded three (3) year contract.

Purchases shall be accomplished through issuance of a MyFloridaMarketPlace (MFMP) purchase order(s). If regional purchasing offices choose to issue “term” purchase orders, the department’s approved order form (DC2-557) shall be used for subsequent orders and shall reflect the original purchase order number.

2.3 Cooperative Purchasing

Pursuant to their own governing laws, and subject to the agreement of the Successful bidder, other governmental entities may be permitted to make purchases in accordance with the terms and conditions contained herein. The Department shall not be a party to any transaction between the Successful bidder and any other purchaser.

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SECTION 3 – PRODUCT INFORMATION

3.1 Specifications

See the Cost Information Sheets (see pages 27 thru 29).

3.2 Delivery

Product(s) shall be shipped FOB: destination within thirty (30) days after receipt of an order. Deliveries must be made between 8:30 am to 4:00 pm ET, Monday thru Friday excluding Saturdays, Sundays, and state holidays, unless otherwise stated herein or on a subsequent purchase order.

3.3 Minimum Order

The minimum order that shall be placed under the Contract resulting from this solicitation shall be two hundred & fifty dollars ($250.00). Orders received that are less than the minimum order quantity shall be provided at the contract rate, shipped prepaid with actual transportation costs added to the invoice as a separate item.

3.4 Quantity Discounts

The Successful bidder may provide a discount for the quantity/dollar level breaks if indicated on the Cost Information Sheet.

The discount shall be applied to the base unit cost provided under the Contract resulting from this solicitation.

3.5 Contract Substitutions

The Successful bidder will be required to provide only the product(s) awarded. Substituted products delivered or provided to the Department without prior approval by the Contract Administrator are prohibited, will be returned to the Successful bidder at the Successful bidder's expense, and may cause termination of the contract.

In the event the product specified can no longer be provided for reasons beyond the Successful bidder control (i.e. - product discontinuance), the Successful bidder shall provide an alternate product request to the Contract Administrator. The substituted product shall meet (or exceed) all terms, conditions, and specifications applicable to the original specified product. An alternate product sample may be required by the Department for review prior to acceptance.

3.6 Damaged Goods

The Successful bidder shall be responsible for filing, processing and collecting all damage claims. However, to assist the vendor in the expeditious handling of damage claims, the ordering office 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 contract supplier, confirming such reports, in writing, within fifteen (15) days of delivery, requesting that the carrier inspect the damaged merchandise.

3. Retain the item and its shipping container, including inner packing material, until inspection is performed by the carrier and disposition given by the contract supplier.

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

3.7 Trade Names

Any manufacturer’s names, trade names, brand names or catalog numbers used in specifications contained in this bid are for the purposes of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for alternate items that meet or exceed the quality level of item(s) listed, unless “No Substitutes(s)” or other similar language is indicated on the Cost Information Sheet. If a vendor is submitting a bid for an alternate item, technical documentation/brochures must be provided to the Department for evaluation purposes. An alternate product sample may be required by the Department for review prior to acceptance.

3.8 Contract Sales Report

The Successful bidder shall furnish the Department of Corrections, Bureau of Procurement and Supply, a summary report of contract sales at the end of each calendar quarterly period. 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, total number of units sold and total dollar value sold for the entire contract term. The Department may, at its discretion, develop the exact format the Successful bidder shall use for report submittal. Any report format developed by the Department shall be incorporated into, and shall become a part of, the original contract. A summary report shall be furnished for quarters 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 thirty (30) calendar days following the end of each quarter may result in the termination of the contract.

3.9 Estimated Quantities

Estimated annual quantities are listed on the Cost Information Sheet (see pages 27 thru 29). The quantities listed herein are estimates, given only as a guideline for preparing your bid, and should not be construed as representing actual quantities to be purchased under any resulting contract.

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Procurement Manager

Questions related to this procurement should be addressed to:

Jessie C. Moseley, CPPB Purchasing Analyst Bureau of Procurement and Supply Department of Corrections Carlton Building 501 S. Calhoun Street Tallahassee, Florida 32399-2500 850-717-3683 (telephone number) 850-488-7189 (facsimile number) E-mail address: moseley.jessie@mail.dc.state.fl.us

FLORIDA LAW:

Pursuant to Section 287.057(24), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

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

Questions will only be accepted if submitted in writing and received on or before the date and time specified in the Timeline (Section 4.2). Responses will be posted on the Vendor Bid System (VBS) by the date referenced in the Timeline (Section 4.2).

4.2 Timeline

Listed below are the important actions and dates/times by which the actions must be taken or completed. If the Department finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are local time in Tallahassee, Florida. (Eastern Time)

Date Time Action

4.2.1 03/27/2013 Release of ITB

4.2.2 04/08/2013 Last day for written inquiries

4.2.3 04/11/2013 Anticipated date that written responses to written inquiries will be posted on the Vendor Bid System (VBS).

4.2.4 04/17/2013 3:00 A.M. Bid opening

4.2.5 04/23/2013 Anticipated date of posting of recommended award

4.2.6 05/01/2013 Anticipated date of Contract

4.3 Procurement Rules

4.3.1 Mandatory Vendor Registration

The State of Florida implemented an on-line e-procurement system called MyFloridaMarketplace (MFMP) through which all purchase orders are issued and distributed via e-mail or facsimile (fax) machine. The method of automatic distribution is selected by the vendor during the registration process. Therefore, before doing business with any state agency, vendors must register in this system on-line at: http://dms.myflorida.com/mfmp . Vendors needing assistance with the registration process may call 1-866-352-3776. For information regarding the fees for this service, please refer to Section 7.2.1.

4.3.2 Submission of Bids

Each bid shall be prepared simply and economically, providing a straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this ITB. Fancy bindings, colored displays, and promotional material are not desired. 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 contained in the Bid Submission Requirements (Section 5), with particular emphasis on the Mandatory Responsiveness Requirements.

The Department will not consider any additional terms or conditions submitted by a bidder, including any appearing in documents attached as part of a bid response. In submitting its bid, a bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

Bids are due at the time and date specified in the Timeline (Subsection 4.2) at the Department of Corrections, Bureau of Procurement and Supply, Carlton Building, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, and shall be submitted to the attention of the Contact Person at the address listed in Subsection 4.1. Bids received late will not be considered. No Department staff will incur responsibility for the inadvertent opening of a bid not properly sealed, addressed or identified.

In accordance with PUR 1001 #15 – before award, the Department reserves the right to seek clarifications or request any information deemed necessary for proper review of submissions from any bidder deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response.

4.3.3 Bid Opening

Bids will be publicly opened at the time and date specified in the “Timeline” (Subsection 4.2). The name of all bidders submitting bids shall be made available to interested parties upon written request to the contact person listed in Section 4.1.

4.3.4 Costs of Preparing Bid

The Department is not liable for any costs incurred by a bidder responding to this ITB, including those for oral presentations, if applicable.

4.3.5 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, Florida Statutes.

4.3.6 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department, signed by an authorized representative of the bidder within seventy-two (72) hours after the bid due date indicated in the Timeline.

Any submitted bid that has not been properly withdrawn shall remain a valid bid for twelve (12) months after the bid opening date.

4.3.7 Rejection of Bids

The Department shall reject any and all bids containing material deviations. The following definitions are to be utilized in making these determinations.

4.3.7.1 Material Deviations

The Department has established certain requirements with respect to bids to be submitted by bidders. The use of shall, must or will (except to indicate simple futurity) in this ITB indicates a requirement or condition which may not be waived by the Department except where the deviation therefrom is not material. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with this ITB’s requirements, provides an advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

Material deviations cannot be waived and shall be the basis for rejection of a bid.

4.3.7.2 Minor Irregularities

A variation from the ITB terms and conditions which does not affect the price of the bid or give the bidder an advantage or benefit not enjoyed by the other bidders or does not adversely impact the interests of the Department.

4.3.8 Bid Inquiries

4.3.8.1 The bidder shall examine this ITB to determine if the Department’s requirements are clearly stated. If there are any requirements which restrict competition, the bidder may request, in writing, to the Department, that the specifications be changed. The bidder who requests changes to the Department’s specifications must identify and describe the bidder’s difficulty in meeting the Department’s specifications, must provide detailed justification for a change, and must recommend changes to the specifications. Requests for changes to this ITB must be received by the Department no later than the date shown for written inquiries in the “Timeline.” A bidder’s failure to request changes by the date described above shall be considered to constitute bidder’s acceptance of Department’s specifications. The Department shall determine what changes to this ITB shall be acceptable to the Department. If required, the Department shall issue an addendum reflecting the acceptable changes to this ITB, and post as stated in Section 5.3.1, in order that all bidders shall be given the opportunity of proposing to the same specifications.

4.3.8.2 Any inquiries from bidders concerning this ITB shall be submitted in writing, identifying the submitter, to the individual identified in Section 4.1 of this ITB and must be received no later than the date and time specified in Section 4.2 of the Timeline. (E-mail inquiries are preferred with the bidder following up by mailing or faxing a hard copy.) It is the responsibility of the bidder to confirm receipt of e-mailed and faxed inquiries.

4.3.8.3 Any discussion by the bidder with any employee or authorized representative of the Department involving cost information, occurring prior to bid opening or notice of recommended award, or notice of rejection of all bids, will result in rejection of said bidder’s bid.

4.3.9 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the bidder as a result of any discussions with any Department employee. Only those communications that are in writing from the Department’s staff identified in Section 4.1 of this ITB shall be considered a duly authorized expression on behalf of the Department. Only communications from the bidder’s representative, which are in writing and signed, will be recognized by the Department as duly authorized expressions on behalf of the bidder.

4.3.10 No Prior Involvement and Conflicts of Interest

The bidder shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the Department for any act or service that he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the bidder. No officer, agent, or employee of the Department shall 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 or the State of Florida.

The bidder shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this Contract.

4.3.11 Department of State Licensing Requirements

All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with the Department shall be on file and in good standing with the Florida Department of State.

4.3.12 Minority/Women/and Veterans

Bidders are encouraged to seek the participation of certified minority business enterprises (CMBE’s). If a CMBE is anticipated as a subcontract, the bidder shall identify the CMBE’s that will participate in the Contract and the nature of the participation. To find a certified minority vendor (CMBE) or learn about the Mentor Protégé Program, go to the Office of Supplier Diversity’s webpage at http://osd.dms.state.fl.us.

4.3.13 Filing Notices of Intent to Protest or Formal Protest

Intent to Protest or Formal Protest shall be filed with the Clerk of the Agency, located at 501 South Calhoun Street, Tallahassee, Florida 32399-2500, (telephone 850-717-3605).

Protest related documents may be hand-delivered to the Clerk of the Agency by entering the Calhoun Street entrance and asking the person at the Security Desk to call the agency clerk to come down to the entrance to receive the documents for filing. Documents left at the Security Desk will not be considered filed until received by the agency clerk. Formal protests may not be faxed. Protest documents received after hours will be filed the next business day.

Protests sent to the Procurement Manager by any means (mail, fax or email), will not be considered filed with the Agency Clerk until they are received at the Carlton building address. To the extent anything in this section conflicts with PUR 1001, this section controls. Failure to file a protest of the specifications or the agency’s intended agency action within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Pursuant to Section 287.042(2)(c), Florida Statutes, a formal written protest must be accompanied by a bond written by a Surety Company licensed to do business in the State of Florida payable to the Department of Corrections in an amount equal to one percent (1%) of the estimated total value of the proposed contract amount submitted by the protestor. The amount of the bond will be provided by the Department’s Office of General Counsel/Contracts Section and can be obtained by contacting the appropriate staff at (telephone number 850-717-3605, facsimile number 850-922-4355). In lieu of a bond, the Department may accept a cashier’s check, official bank check, or money order in the amount of the bond.

SECTION 5 – BID FORMAT AND CONTENTS

This section contains instructions that describe the required format for the submitted bid. Bids shall be submitted in a sealed envelope, clearly marked “Bid – ITB #12-DC-8384R.”

5.1 Responsiveness Requirements

The following terms, conditions, or requirements must be met by the bidder to be responsive to this ITB. Failure to meet these responsiveness requirements may cause rejection of a bid.

5.1.1 Bidder shall complete and return the ITB Bidder Acknowledgement Form with an original signature of a duly authorized representative. Do not sign page two (2).

5.1.2 The bidder shall complete, sign, date and return (all) pricing pages, entitled Cost Information Sheet, which consists of pages 28 through 30 . By submitting a bid or bids under this ITB, each Bidder warrants its agreement to the prices submitted. The Department objects to and shall not consider any additional terms or conditions submitted by a bidder, including any appearing in documents attached as part of a bidder’s response. In submitting its bid, a bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Any qualifications, counter-offers, deviations, or challenges may render the bid non-responsive.

5.2 Contact for Contract Administration

The bidder shall complete and insert Attachment 1 of this ITB.

5.3 Addenda

If the Department finds it necessary to supplement, modify or interpret any portion of the bidding specification or documents during the bidding period a written addendum will be posted on the MyFlorida.com Vendor Bid System, http://vbs.dms.state.fl.us/vbs/mainmenu . It is the responsibility of the vendor to be aware of any addenda that might affect the submitted bid.

SECTION 6 – AWARD OF CONTRACT

6.1 Posting of Recommended Award

The notice of intended award will be posted on or about the date shown in the “Timeline” (Section 4.2) and will remain posted for a period of seventy-two (72) hours. Saturdays, Sundays, and state holidays shall be excluded in the computation of the seventy-two (72) hour time period. Posting will be made available on the Florida Vendor Bid System at http://vbs.dms.state.fl.us/vbs/mainmenu .

6.2 Basis of Award

The Department will award the Contract to the lowest responsive bidder in accordance with the General Conditions of the ITB Bidder Acknowledgement Form (page 2), paragraph 15, entitled “Awards”. 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.

Firm prices shall be bid and shall include all packaging, handling, shipping and delivery charges.

In accordance with Section 287.084, F.S., when the lowest responsible and responsive bid is submitted by a vendor whose principal place of business is located outside the state of Florida, a 5% price preference shall be awarded to the lowest responsible and responsive vendor whose principal place of business is located in the state of Florida unless the state where the out-of-state vendor is located provides a 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 vendor whose principal place of business is located in the state of Florida responding to this competitive solicitation. A vendor whose principal place of business is located outside of the state of Florida, must accompany their bid response documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences granted by that state to its own business entities in the letting of public contracts. The written document must identify either the preference granted or a statement that no preferences are granted.

Any cost information sheet that is incomplete or in which there are significant inconsistencies or inaccuracies may be rejected by the Department. No deviations, qualifications, or counter offers will be accepted. The Department reserves the right to reject any and all bids. All calculations will be reviewed and verified. The Department may correct mathematical errors;

however, in the event of any miscalculation, unit prices shall prevail. All changes/corrections made by the bidder, including corrections made using “white out”, shall be initialed by the bidder.

6.4 Identical Tie Bids

When evaluating bids/proposals/responses to solicitations, if the department receives identical pricing or scoring from multiple vendors, the department shall determine the order of award using the criteria set forth in Rule 60A-1.011, FA.C. and Chapter 295.187, F.S.

SECTION 7 – CONTRACT TERMS AND CONDITIONS

This section contains standard terms and conditions that shall be included in any Contract which results from this ITB. By submitting a bid in response to this ITB, the bidder is deemed to have accepted these terms and conditions in their entirety.

7.1 Contract

7.1.1 A bidder’s response to this ITB shall be considered as their formal offer.

7.1.2 Upon selection of the winning bid and completion of the seventy-two (72) hour posting process indicated in Section

6.1, an authorized representative of the Department shall affix his signature to the specified area on the bottom of the ITB Bidder Acknowledgement Form (Page 2), thereby certifying the bid as the contract. Once the bid submittal has been certified by the Department, the bidder shall be known as the "Contractor", the certified bid shall constitute the Contract between the parties. The Contractor will be notified by letter accompanied with a copy of the Certified Bid (Contract). If there is a conflict in language between the Department's ITB and the bidder's submitted bid, the Department's ITB will govern.

Upon certification, and based upon appropriation, the Department shall enter into a three (3) year contract. The Department reserves the right to renew the Contract resulting from this solicitation in accordance with PUR 1000 #26. Such renewals are contingent upon satisfactory performance evaluations, as determined by the Department, and subject to the availability of funds.

7.2 Payments and Invoices

7.2.1 Transaction Fee

The Department of Management Services has instituted a statewide eProcurement System (“System”), with the assistance of a third-party agent, Accenture LLP (“Accenture”). All transactions from this Contract shall be processed through this system. Pursuant to Section 287.057(23), Florida Statutes (2002), a Transaction Fee of one percent (1%) of the total dollar amount of each purchase order shall apply to all purchases from this Contract unless otherwise exempt as indicated in 60A-1.032, F.A.C.. This fee, paid by the Successful bidder, is not submitted to the department and shall not be added to purchase orders as a separate item.

It is the intent of the system to automatically deduct the Transaction Fee from payments to the Successful bidder.

However, this feature is not currently available and Successful bidders are expected to self-report until a method of automatic deduction is implemented. By submission of these self-reports and corresponding Successful bidder deposits, the Successful bidder is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State.

The Successful bidder shall receive a credit for any Transaction Fee paid by the Successful bidder for the purchase of any item(s) returned to the Successful bidder through no fault, act, or omission of the Successful bidder.

Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Successful bidder’s failure to perform or comply with specifications or requirements of the applicable purchase order or Contract.

Failure to comply with these requirements shall constitute grounds for declaring the Successful bidder in default and recovering reprocurement costs from the Successful bidder in addition to all outstanding fees. SUCCESSFUL

BIDDERS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM BIDDING

ON DEPARTMENT CONTRACTS.

7.2.2 The Successful bidder agrees to submit invoices for compensation for delivery of products/ services in detail sufficient for a proper pre-audit and post-audit thereof. Invoices will be paid upon receipt, inspection and acceptance of products/service(s).

7.2.3 Purchasing Card Program

The State of Florida has implemented a purchasing card program, using the Visa platform. Upon mutual agreement of both parties, vendors may receive payments via purchasing card in the same manner as other Visa purchases.

7.3 Vendor’s Expenses

The successful bidder shall pay for all licenses, permits, and inspection fees or similar charges required for this Contract, and shall comply with all laws, ordinances, regulations, and any other requirements applicable to the work to be performed under this Contract.

7.4 Contract Management

7.4.1 Department’s Contract Administrator

The Contract Administrator for this purchase will be:

Rosalyn Ingram, Chief Bureau of Procurement and Supply

Department of Corrections Carlton Building 501 S. Calhoun Street Tallahassee, Florida 32399-2500 850/717-3700 (telephone) 850/488-7189 (facsimile number)

The Contract Administrator will perform the following functions:

7.4.1.1 maintain the Purchase Order or P-Card file;

7.4.1.2 process all change orders and purchase order cancellations; and

7.4.1.3 maintain the official records of all correspondence between the Department and the Vendor.

7.5 Contract Management Changes

After execution of the Contract resulting from this ITB, any changes in the information contained in Section 7.4, Contract Management of the Contract, will be provided to the other party in writing and a copy of the written notification shall be maintained in the official contract file.

7.6 Records

7.6.1 Disclosure of Bid Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the Respondent or its agents. All bid submittals shall become the property of the Department and shall not be returned to Respondent. The Department shall have the right to use any or all ideas or adaptations of the ideas submitted. Selection or rejection of a bid shall not affect this right.

7.6.1.1 Confidential, Proprietary, or Trade Secret Material

The Department takes its public records responsibilities as provided under chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If Respondent 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, Florida Statutes, the Florida Constitution or other authority, Respondent must also simultaneously provide the Department with a separate redacted copy of its response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the respondent on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to the Department at the same time Respondent submits its response to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. Respondent 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, Respondent shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Respondent’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If Respondent fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by Respondent in answer to a public records request for these records.

7.6.2 Audit Records

7.6.2.1 The Successful bidder agrees to maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under this Contract, and agrees to provide a financial and compliance audit to the Department or to the Office of the Auditor General and to ensure that all related party transactions are disclosed to the auditor.

7.6.2.2 The Successful bidder agrees to include all record-keeping requirements in all subcontracts and assignments related to this Contract.

7.6.3 Retention of Records

The Successful bidder agrees to retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to this Contract for a period of five (5) years. The successful bidder shall maintain complete and accurate record-keeping and documentation as required by the Department and the terms of this Contract. Copies of all records and documents shall be made available for the Department upon request. All invoices and documentation must be clear and legible for audit purposes. All documents must be retained by the successful bidder at the address listed on the ITB Bidder Acknowledgement Form (page 1), for the duration of this Contract. Any records not available at the time of an audit will be deemed unavailable for audit purposes. Violations will be noted and forwarded to the Department’s Inspector General for review. All documents must be retained by the Vendor at the Vendor’s primary place of business for a period of five (5) years following termination of the Contract, or, if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. The Vendor shall cooperate with the Department to facilitate the duplication and transfer of any said records or documents during the required retention period. The Vendor shall advise the Department of the location of all records pertaining to this Contract and shall notify the Department by certified mail within ten (10) days if/when the records are moved to a new location.

7.7 Procurement of Materials with Recycled Content

It is expressly understood and agreed that any products or materials which are the subject of, or are required to carry out, this Contract shall be procured in accordance with the provisions of Section 403.7065, Florida Statutes.

7.8 Employment of Department Personnel

The Successful bidder shall not knowingly engage, employ or utilize, on a full-time, part-time, or other basis during the period of this Contract, any current or former employee of the Department where such employment conflicts with Section 112.3185, Florida Statutes.

7.9 Non-Discrimination

No person, on the grounds of race, creed, color, national origin, age, gender, marital status or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in, the performance of this Contract.

7.10 Americans with Disabilities Act

The Successful bidder shall comply with the Americans with Disabilities Act. In the event of the Successful bidder’s noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Successful bidder may be declared ineligible for further contracts.

7.11 Disputes

Purchasing entities are to report any vendor failing to perform according to the requirements of this contract on a Department of Management Services’ (DMS) Complaint to Vendor form (#PUR7017). The Bureau of Procurement & Supply will provide a copy of the #PUR7017 to the State Purchasing Office at the Department of Management Services. Should the vendor fail to satisfactorily correct the problem within a prescribed period of time, then a “Request for Assistance” form (#DC2-509) shall be submitted to the Contract Administrator with a copy to the Contract Manager, if applicable. The Contract Administrator shall decide the dispute (with input from the Contract Manager if applicable), reduce the decision to writing, and deliver a copy to the Vendor and the Contract Manager, if applicable. If the dispute cannot be resolved by the Contract Administrator, the issue shall be escalated to the Bureau Chief of Procurement and Supply for resolution.