CN-700000-8403D.pdf

Model ITB-Term Contract for Services/Commodities Page 2 of 65 ITB #12-DC-8403

TABLE OF CONTENTS

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

2.2 Contract

2.3 Cooperative Purchasing

SECTION 3 – SCOPE OF SPECIFICATIONS

3.1 General Description

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

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Procurement Manager

4.2 Timeline

4.3 Procurement Rules

4.4. Posting of Notice of Agency Decision

4.5. Filing of Notices of Intent to Protest or Formal Protests

SECTION 5 – BID FORMAT AND CONTENTS

5.1 Responsiveness Requirements

5.2 Contact for Contract Administration

SECTION 6 – AWARD OF CONTRACT

6.1 Basis of Award

6.2 Identical Tie Bids

6.3 Incomplete Cost Information Sheet

SECTION 7 – CONTRACT TERMS AND CONDITIONS

7.1 Contract

7.2 Payments and Invoices

7.2 Travel Expenses

7.3 Contract Management

7.4 Records

7.6 Procurement of Materials with Recycled Content

7.7 Employment of Department Personnel

7.8 Non-Discrimination

7.9 Americans with Disabilities Act

7.10 Bidder’s Insurance

7.11 Copyrights, Right to Data, Patents and Royalties

7.12 Disputes

7.13 Independent Vendor Status

7.14 Assignment

7.15 Severability

7.16 Use of Funds for Lobbying Prohibited

7.17 Reservation of Rights

7.18 Convicted Felons Certification

7.19 Taxes

7.20 Condition and Packaging

7.21 Safety Standards

7.22 Conflict Of Interest

7.23 Sample

7.24 Nonconformance to Contract Conditions

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7.25 Legal Requirements

7.26 Facilities

7.27 Distribution of Certification of Contract

7.28 Addition/Deletion of Items

7.29 Scope Changes after Contract Execution

7.30 State Initiatives

7.31 Subcontracts

ATTACHMENT 1 – CONTACT FOR CONTRACT ADMINISTRATION

ATTACHMENT 2 – SCOPE OF WORK OR SPECIFICATIONS

ATTACHMENT 3 – PURCHASE ORDER TERMS AND CONDITIONS

ATTACHMENT 4 – COST INFORMATION SHEET

BALANCE OF PAGE INTENTIONALLY LEFT BLANK

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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: A failure of the successful bidder(s) to perform in accordance with 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 Contractor or 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 Deliverables - Those services, items and/or materials provided, prepared and delivered to the Department in the course of performance of the Contract. Deliverables shall be more specifically described in definable verifiable detail in the Statement of Work.

1.7 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.

1.8 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 there from 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.

1.9 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. A minor irregularity will not result in a rejection of a bid.

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

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

1.12 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.

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

1.14 Vendor, Offeror and Bidder: A legally qualified corporation, partnership or other entity submitting a bid to the

Department pursuant to this ITB.

1.15 Winning or Successful bidder: The business or entity submitting the lowest responsive bid, meeting all requirements of the Department’s ITB.

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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 kitchen equipment 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 or an approved equivalent.

2.2 Contract

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

Purchases shall be accomplished through issuance of a MyFloridaMarketPlace (MFMP) purchase order(s).

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 – SCOPE OF SPECIFICATIONS

3.1 General Description

All Specifications for this ITB and any resulting Contract are indicated in ATTACHMENT 2.

3.2 Delivery

Product(s) shall be shipped FOB: destination within forty-five (45) 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

There will be no minimum order requirements.

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 this Contract.

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 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.

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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

It is estimated that $584,000.00 will be expended the first year, $156,000.00 will be expended the second year and

$156,000.00 will be expended the third year under the resulting contract from this ITB. 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.

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SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Procurement Manager

Questions related to the procurement should be addressed to:

Jessie C. Moseley, Procurement Manager

Florida Department of Corrections

Bureau of Procurement and Supply

501 South Calhoun Street

Tallahassee, Florida 32399-2500

Telephone: (850) 717-3683

Fax: (850) 488-7189

E-mail: moseley.jessie@mail.dc.state.fl.us

Pursuant to Section 287.057(23), Florida Statutes, Proposers 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 Agency Decision, 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 Manager or as provided in the solicitation documents.

Violation of this provision may be grounds for rejecting a Proposal.

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 to questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline (Section 4.2).

Any person requiring special accommodation 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).

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

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 Eastern Standard Time.

DATE TIME ACTION

4.2.1 06/06/13 Release of ITB to public, posted on VBS.

4.2.2 06/11/13 5:00 p.m., E.S.T.

Last day for written inquiries to be received by the

Department.

4.2.3 06/13/13 Anticipated date that written responses to written inquiries will be posted on the VBS.

4.2.4 06/25/13 3:00 p.m., E.S.T.

Bids Due/Bid Opening

4.2.5 07/02/13 Anticipated posting of Agency Decision.

mailto:moseley.jessie@mail.dc.state.fl.us

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4.3 Procurement Rules

4.3.1 Submission of Bids

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 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 Section 5, Bid Format and Contents.

Bids are due at the time and date specified in the Timeline (Section 4.2) at the Department of Corrections, and shall be submitted to the attention of the Procurement Manager at the address listed in Section 4.1.

Bid responses received late (after Bid opening date and time) will not be considered and no modification by the Bidder of submitted bids will be allowed, unless the Department has made a request for additional information. No Department staff will be held responsible for the inadvertent opening of a bid response not properly sealed, addressed or identified.

4.3.2 Bid Opening

Bids are due and will be publicly opened at the time and date specified in the Timeline (Section 4.2). The public opening will take place at the Department of Corrections, Bureau of Procurement and Supply, 501

South Calhoun Street, Tallahassee, Florida 32399-2500. The name of all Bidders submitting bids will be made available to interested parties upon written request to the Procurement Manager listed in Section

4.1.

4.3.3 Costs of Preparing Proposals

The Department is not liable for any costs incurred by a Bidder in preparing and responding to this ITB, including oral presentations, if applicable.

4.3.4 Disposal of Proposals

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. Selection or rejection of the bid will not affect this right.

4.3.5 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 submission date indicated in the Timeline. Any submitted bid shall remain a valid bid for three hundred and sixty five (365) days after the bid submission date.

4.3.6 Rejection of Bids

The Department shall also reject any or all bids containing material deviations. In determining whether a bid contains a material deviation or a minor irregularity, the Department will use the definitions of those terms set forth in Section 1.

4.3.7 Bidder’s Conference/Site Visits

There will be no bidders’ conference or site visit for this ITB. Questions shall be submitted in accordance with Section 4.3.8, Inquiries.

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4.3.8 Bid Inquiries

4.3.8.1 Any inquiries from Bidders concerning this ITB shall be submitted in writing, identifying the submitter, to the Procurement Manager identified in Section 4.1 of this ITB and must be received no later than the date and time specified in the Timeline (Section 4.2). E-mail inquiries are preferred. It is the responsibility of the Bidder to confirm receipt of inquiries.

4.3.8.2 Interested parties shall examine this ITB to determine if the Department's requirements are clearly stated. If there are any requirements that restrict competition, Bidders may request, in writing, to the Department that the requirements be changed. The Bidder who requests changes to the

Department's requirements must identify and describe their difficulty in meeting the Department's requirements, must provide detailed justification for a change, and must recommend changes to the requirements. Requests for changes to this ITB must be received by the Department no later than the date shown for written inquires questions in the Timeline (Section 4.2). A Bidder’s failure to request changes by the date described above shall be considered to constitute Bidder’s acceptance of Department's requirements. The Department shall determine what changes to this ITB would be acceptable to the Department. If required, the Department will issue an addendum reflecting the acceptable changes to this ITB, which shall be posted on VBS, in order that all Bidders shall be given the opportunity of proposing to the same requirements.

4.3.9 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, it will be posted on the Florida Vendor Bid

System at http://vbs.dms.state.fl.us/vbs/main_menu. Interested parties are responsible for monitoring this site for new or changing information or clarifications relative to this procurement.

4.3.10 Price/Cost Discussions

Any discussion by a bidder with any employee or authorized representative of the Department involving cost or price information, occurring prior to posting of the Notice of Agency Decision, will result in rejection of said bidder’s response.

4.3.11 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 which 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.

4.3.12 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 which 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.

The Proposer 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 ITB.

4.3.13 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 State of Florida’s Department of State.

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

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4.3.14 MyFloridaMarketPlace Vendor Registration

All vendors doing business with the State of Florida for the sale of commodities or contractual services as defined in Section 287.012, F.S., shall register on the MyFloridaMarketPlace system, unless exempted under subsection 60A-1.030, F.A.C. State agencies shall not enter into an agreement for the sale of commodities or contractual services as defined in Section 287.012 F.S. with any vendor not registered in the MyFloridaMarketplace system, unless exempted by rule. A vendor not currently registered in the

MyFloridaMarketPlace system shall do so within 5 days after posting of intent to award.

Registration may be completed at:

http://dms.myflorida.com/business_operations/state_purchasing/myflorida_marketplace/vendors. Those lacking internet access may request assistance from MyFloridaMarketPlace Customer Service at 866-352-

3776 or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, Florida 32399.

4.3.15 Unauthorized Employment of Alien Workers

The Department does not intend to award publicly funded Contracts to those entities or affiliates who knowingly employ unauthorized alien workers, constituting a violation of the employment provisions as determined pursuant to Section 274A of the Immigration and Nationality Act.

4.3.16 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 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, Florida Statutes, the Florida Constitution or other authority, the Bidder 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 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.

4.3.17 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the

Department and may not be removed by the Bidder or its agents. All replies shall become the property of the Department and shall not be returned to the Bidder. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any reply. Selection or rejection of a bid shall not affect this right.

4.4. Posting of Notice of Agency Decision

In regard to any competitive solicitation, the Department shall post a public notice of agency action when the

Department has made a decision to award a contract, reject all bids or proposals, or to cancel or withdraw the solicitation.

http://dms.myflorida.com/business_operations/state_purchasing/myflorida_marketplace/vendors

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The Notice of Agency Decision 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/main_menu.

4.5. Filing of Notices of Intent to Protest or Formal Protests

Pursuant to Section 120.57(3), Florida Statutes and PUR 1001 #20, a Notice of Protest or Formal Written 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 notice of protest or formal written 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.

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

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SECTION 5 – BID FORMAT AND CONTENTS

This section contains instructions that describe the required format for the submitted bid.

The Bidder shall supply one (1) signed original and should submit one (1) copy of the Bid in writing, on paper, and one

(1) electronic copy, in pdf format on a CD. If Bidder submits a redacted copy of the bid as outlined in Section 4.3.17, then the Bidder shall also submit one (1) electronic copy of their redacted Bid in pdf format, on CD. The submitted CDs shall not be “password protected”. The Bid shall be submitted in sealed envelopes or boxes and clearly marked “ITB

#12-DC-8403 Kitchen Equipment”, (and also “Redacted” for the redacted copies), and should also be marked with the opening date and time.

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, sign and return the ITB Acknowledgement Form (page 1). The bidder must return at least one copy with an original signature.

5.1.2 The bidder shall complete, sign, date and return all pricing page(s), entitled Cost Information Sheet. By submitting a bid or bids under this ITB, each Bidder warrants its agreement to the prices submitted. Bids should be submitted with the most favorable pricing terms bidder can offer to the State. Any modifications, counter offers, deviations, or challenges shall render the bid non-responsive. By submitting an offer or offers under this ITB, each bidder warrants its agreement to the prices submitted.

5.1.3 In accordance with Section 287.084, F.S., when the lowest responsible and responsive bid for purchases of personal property 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.

5.2 Contact for Contract Administration

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

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SECTION 6 – AWARD OF CONTRACT

6.1 Basis of Award

As the best interest of the State may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof; on a geographical district basis and/or on a statewide basis with one or more suppliers; to reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is competition to the lowest responsible bidder, evaluation of other bids is not required.

Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. All awards made as a result of this bid shall conform to applicable Florida Statutes.

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, where products are included, shall include all packaging, handling, shipping and delivery charges, including environmental & fuel service fees.

All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail.

6.2 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. “Certified Veteran Business Enterprises”.

6.3 Incomplete Cost Information Sheet

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.

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SECTION 7 – CONTRACT TERMS AND CONDITIONS

This section contains standard terms and conditions that shall be included in any Contract (purchase order) which results from this ITB, along with Attachment 3, Purchase Order Terms and Conditions. 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 bid in 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 their 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.

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 Supporting Documentation for Invoices

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).

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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.

7.2.4 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.

7.2.5 Timeframes for Payment and Interest Penalties

Contractors providing goods and services to the Department should be aware of the following time frames:

1. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services and associated invoice, unless the ITB specifications, or this Contract specifies otherwise. The

Department has twenty (20) days to deliver a request for payment (voucher) to the Department of

Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved.

2. If a payment is not available within forty (40) days, a separate interest penalty, as specified in Section

215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the

Contractor. However in the case of health services contracts, the interest penalty provision applies after a thirty-five (35) day time period to health care contractors, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices, which have to be returned to a Contractor because of Contractor preparation errors, may cause a delay of the payment. The invoice payment requirements do not start until the Department receives a properly completed invoice.

7.2.6 Vendor Ombudsman

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the

Department of Financial Services’ Toll Free Hotline.

7.2 Travel Expenses

The Department shall not be responsible for the payments of any travel expenses incurred by the contractor resulting from this ITB.

7.3 Contract Management

7.4.1. Department’s Contract Administrator

The Contract Administrators for this purchase will be:

Regional Business Manager (Region I)

Department of Corrections

Region I Business Office

35 Apalachee Drive

Sneads, FL 32460

Phone: (850) 718-0097

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Regional Business Manager (Region II)

Department of Corrections

Region II Business Office

PO Box 9002

Lake City, FL 32056

Phone: (386) 754-1200

Regional Business Manager (Region III)

Department of Corrections

Region III Business Office

7504 Laurel Hill Drive

Orlando, FL 32818

Phone: (407) 578-3514

The Contract Administrator will perform the following functions:

a. maintain the Purchase Order or P-Card file; and

b. process all change orders and purchase order cancellations.

The Department’s Bureau of Procurement and Supply staff will maintain the official records of all correspondence between the Department and the Vendor.

7.4 Records

7.5.1 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.

7.5.1.1 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.

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7.5.2 Audit Records

7.5.2.1 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.

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

7.5.3 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.

7.6 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.

7.7 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.

7.8 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.

7.9 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.

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7.10 Bidder’s Insurance

The Successful bidder 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 Successful bidder accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Successful bidder and the Department under this Contract. Upon issuance of the Purchase

Order, the vendor may be required to furnish the Department 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 Successful bidder is a state agency or subdivision as defined in Section 768.28, Florida Statutes, the

Successful bidder shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party’s liability beyond that provided in Section 768.28, Florida Statutes.

7.11 Copyrights, Right to Data, Patents and Royalties

Where activities supported by this Contract produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Department has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Department to do so. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this Contract, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Department of State.

The Department shall have unlimited rights to use, disclose or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Successful bidder under this Contract.

All computer programs and other documentation produced as part of the Contract shall become the exclusive property of the State of Florida, Department of State, with the exception of data processing software developed by the Department pursuant to Section 119.083, Florida Statutes, and may not be copied or removed by any employee of the Contractor without express written permission of the Department.

The Successful bidder, without exception, shall indemnify and save harmless the Department and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Successful bidder. The Successful bidder has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by the Successful bidder or is based solely and exclusively upon the Department’s alteration of the article. The Department will provide prompt written notification of a claim of copyright or patent infringement and will afford the Successful bidder full opportunity to defend the action and control the defense of such claim.

Further, if such a claim is made or is pending, the Successful bidder may, at its option and expense, procure for the Department the right to continue use of, replace, or modify the article to render it noninfringing. (If none of the alternatives are reasonably available, the Department agrees to return the article to the Successful bidder upon its request and receive reimbursement, fees and costs, if any, as may be determined by a court of competent jurisdiction.) If the Successful bidder uses any design, device, or materials covered by letter, patent or copyright, it is mutually agreed and understood without exception that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials in…