CN-700000-T7895-A2.pdf

FLORIDA

DEPARTMENT of

CORRECTIONS

Governor

Charlie Crist

Secretary

An Equal Opportunity Employer James R. McDonough

2601 Blair Stone Road • Tallahassee, Florida 32399-2500 http://www.dc.state.fl.us

CERTIFICATION OF CONTRACT

TITLE: CERTIFIED LAB TESTING FOR CONTRACT NO: 07-CHARLOTTE-7895R

CHARLOTTE CORRECTIONAL EFFECTIVE DATE: 12/07/2007

INSTITUTION THRU: 12/06/2012

RENEWED THRU: 12/06/2017

CONTRACTOR: BENCHMARK ENVIRO ANALYTICAL, INC.

A. AUTHORITY: Upon action taken by the Florida Department of Corrections, hereinafter referred to as the Department, this master contract is executed between the Department of Corrections and the designated contractor(s). (Said contract, consisting of the Department’s ITB and the Contractor’s re-sponse thereto, is attached as Attachment A).

B. EFFECT: This master contract was entered into to provide certified lab testing for Charlotte Cor-rectional Institution. All purchases shall be made under the terms, prices and conditions of this con-tract and with the contractor specified.

C. ORDERING INSTRUCTIONS: Local contract purchase orders shall be issued in accordance with the attached master contract. Purchasers shall order at the prices indicated.

Local contract purchase orders shall include, at a minimum, the contract number, description of item(s), unit costs, and local contract coordinator, if applicable. Purchasing entities are authorized to issue annual term contract purchase orders.

D. CONTRACTOR PERFORMANCE: Purchasing entities are to report any vendor failing to per-form according to the requirements of this contract on a Department of Management Services’ “Complaint to Vendor” form (#PUR-7017). A copy of the PUR-7017 shall be sent to the contract ad-ministrator along with all supporting documentation. Should the vendor fail to correct the problem within a prescribed period of time, then a “Request for Assistance” form (#DC2-509) shall be filed with the Bureau of Procurement and Supply in Tallahassee, FL, with a copy to the Contract Manager, if applicable. Copies of these submittals shall remain in the contract file for use in decisions regard-ing renewal options.

Model Commodity Term Bid (08/22/07) ITB# 07-CHARLOTTE-7895R

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 – PRODUCT INFORMATION

3.1 Specifications

3.2 Delivery

3.3 Minimum Order (This does not apply to this ITB)

3.4 Quantity Discounts (This does not apply to this ITB)

3.5 Substitutions

3.6 Damaged Goods

3.7 Trade Names

3.8 Estimated Quantities

3.9 Price Increase/Decrease

3.10 Contract Modifications

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Bid Manager

4.2 Calendar of Events

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 Addenda

4.3.10 Cost Discussions

4.3.11 Verbal Instructions

4.3.12 No Prior Involvement and Conflicts of Interest

4.3.13 Department of State Licensing Requirements

4.3.14 Public Entity Crimes

4.3.15 Discriminatory Vendor List

4.3.16 Trade Secrets

4.3.17 Unauthorized Employment of Alien Workers

4.4 Posting of Recommended Award

SECTION 5 – BID FORMAT AND CONTENTS

5.1 Mandatory Responsiveness Requirements

5.2 Contact for Contract Administration

5.3 Addendum Acknowledgment Form

5.4 Cost Proposal

5.4.1 Cost Proposal Submission Requirements

SECTION 6 – AWARD OF CONTRACT

6.1 Price Determination

6.2 Incomplete Cost Information Sheet

6.3 Identical Tie Bids

SECTION 7 – CONTRACT TERMS AND CONDITIONS

7.1 Contract

7.2 Termination

7.2.1 Termination at Will

7.2.2 Termination Because of Lack of Funds

7.2.3 Termination for Cause

7.2.4 Termination for Unauthorized Employment

7.3 Payments and Invoices

7.4 Contract Management

7.4.2 Department’s Contract Administrator

7.5 Contract Management Changes

7.6 Vendor’s Expenses

7.7 Governing Law and Venue

7.8 Records

7.8.1 Public Records Law

7.8.2 Audit Records

7.8.3 Retention of Records

7.9 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (“PRIDE”)

7.10 Product Available from the Blind or Other Handicapped (RESPECT)

7.11 Procurement of Materials with Recycled Content

7.12 Sponsorship

7.13 Employment of Department Personnel

7.14 Non-Discrimination

7.15 Americans with Disabilities Act

7.16 Indemnification

7.17 Bidder’s Insurance

7.18 Copyrights, Right to Data, Patents and Royalties

7.19 Disputes

7.20 Independent Vendor Status

7.21 Assignment

7.22 Force Majeure

7.23 Severability

7.24 Use of Funds for Lobbying Prohibited

ATTACHMENT 1 –CONTACT FOR CONTRACT ADMINISTRATION

ATTACHMENT 2 - IDENTICAL TIE BIDS

TABLE 1 - COST INFORMATION

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 Breach of Contract: The condition of the relationship between the Department and the Contractor which exists when the Contractor fails to perform under the terms and conditions of the Contract which may result from this ITB.

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

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

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

1.5 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.

1.6 Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the bidder to be responsive to this ITB. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be further reviewed.

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.

1.15 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.

THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

The Florida Department of Corrections owns and operates the water treatment plant (WTP), wastewater treatment plant (WWTP) and groundwater monitoring wells at Charlotte Correctional Institution. It is necessary to perform periodic analyses on water samples from Charlotte Correctional Institution, to ensure compliance with the respective operating permits and to comply with the current regulations of the Florida Department of Environmental Protection.

The Department issued ITB# 07-CHARLOTTE-7895 but received no bids. The department is reissuing this ITB seeking a qualified vendor to provide certified laboratory services for the department’s WTP, WWTP, and groundwater monitoring wells located at Charlotte Correctional Institution in accordance with these solicitation documents.

If regulations are revised by the Florida Department of Environmental Protection (DEP), the testing frequency, protocol or actual items will be adjusted accordingly.

2.2 Contract

As a result of this ITB, the successful bidder shall be awarded a five (5) year contract, which may be renewed for a period of five (5) years at the Department’s sole discretion.

Purchases from the resulting Contract shall be accomplished through issuance of a purchase order by the Region IV purchasing office.

The following correctional institution shall be included under the Contract resulting from this ITB are as follows:

Name of Facility/Site City Zip Charlotte C.I. Punta Gorda 33955-9701 33123 Oil Well Road

Based on the unique operational needs of the correctional system and on available funding, in any Contract resulting from this ITB, the Department reserves the right to require the Contractor to add or delete institutions and satellite facilities, in addition to those originally contemplated by this ITB. Therefore, the Contractor should be prepared, in advance, to make any necessary changes as required.

2.3 Cooperative Purchasing

Pursuant to their own governing laws, and subject to the agreement of the Contractor, other 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 Contractor and any other purchaser.

Other state agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16) (a), F.S. This statute requires the Department of Management Services to determine that the requestor’s use of the contract is cost effective and in the best interest of the State.

SECTION 3 – PRODUCT INFORMATION

3.1 Specifications

3.1.1 Certification:

Each vendor that submits a bid must be certified by the Florida Department of Health (DOH) to perform all required analyses or must clearly indicate that they will secure the services of a subcontractor who is certified to perform all required analyses. A copy of all applicable certifications must be submitted with the bid. The Contractor shall only perform test methods for which it currently holds National Environmental Laboratory Accreditation Conference (NELAC) certification. The Contractor shall also submit a copy of his/her current DOH analyte sheet. The Contractor must immediately notify the department whenever they are unable to perform the necessary test method, due to NELAC certification problems or for any other reason.

3.1.2 Number of Samples:

The department cannot determine the exact number (quantities) of analyses that will be required for a particular parameter or group of parameters for the WTP, WWTP or monitoring wells. Therefore, estimates of current requirements are shown in Table 1 – Cost Information Sheet in bold and in the column identified as Est. Tests Per Year. All other tests shown that are not in bold indicate one

(1) or less than one (1) test per year for the purpose of obtaining weighted values (Section 6.1). Unit prices will be established so that the operators can order as many analyses as necessary to comply with the operating permits and appropriate requirements of the Florida Administrative Code.

3.1.3 Sample Pickup:

The Department’s operators will collect all samples except for the Giardia, Cryptosporidium and monitoring well samples. The Contractor shall be responsible, at their own expense, for collection, pick-up or arrangements for pick-up and/or transportation, by U.S. Mail or courier service for all samples at the address indicated. The Contractor’s unit bid price on group and individual analyses shall include all costs associated with the expense, for collection of Giardia, Cryptosporidium and monitoring well samples, field time, pick-up and/or transportation, by U.S. Mail or courier service, for all the samples and the specimen containers (see Section 3.1.4 paragraph (h). The Contractor will be required to establish a sampling plan in conjunction with the operator, so as to obtain all necessary samples in compliance with the institution’s permits and DEP’s rules. The Contractor will need to work closely with the operator to schedule the sample collection and pick-up.

3.1.4 Sample Analysis:

a. Samples shall be analyzed according to current acceptable methodologies of

EPA, FDEP and DOH. The necessary analytical work must be done by a State of Florida (DOH) NELAC Certified Lab. All analyses must be performed by the Contractor in their facility, by their personnel. The Contractor may subcontract specific chemical analyses, if necessary, to complete the analyte list at the address indicated. All subcontracted laboratories shall be certified by the DOH, FDEP or EPA for the method used to complete the analyses.

Any and all analyses that will be subcontracted will be detailed in the bid submission.

b. The department may request testing of an individual parameter or a group of parameters as a set. Bidders shall submit a current unit price for analysis of all individual parameters and group of parameters as indicated on Table 1 - Cost Information Sheet. The unit price shall include all costs associated with the expense of collection of Giardia, Cryptosporidium and monitoring well samples, field time, pick-up and/or transportation, by U.S.

Mail or courier service, for all the samples and the specimen containers (see Section 3.1.4 paragraph (h).

c. Quantities in “bold” on Table 1 – Cost Information Sheets are estimates as reported by the institution. Testing that is performed one (1) time per year or less, will have a one (1) listed in the Est. Tests Per Year column for calculation of a weighted value. The department is not required to guarantee any minimum or maximum number of samples under the requirements of the contract.

d. The Florida Maximum Contaminant Levels (MCL’s) for each required chemical constituent for the WTP are presented in Table 1 – Cost Information Sheet. Chemical constituents listed for the WWTP do not have MCL’s listed because they are permit and site specific and could not feasibly be placed in this document. The constituents of concern and the MCL’s will be supplied with the first sampling event for the institution. The Contractor shall confirm to the department that attainment of Method Detection Limits for each constituent at or below the respective MCL or permit limit is practicable.

Constituents that cannot be analyzed to a concentration at or below the respective regulatory level shall be identified in the Contractor’s submittal.

e. All original samples must be retained by the contractor under holding conditions that will allow for testing to be repeated until all analyses are completed.

If any parameter exceeds the MCL or permit limit, the original sample shall be retested for that parameter. If the retest confirms the original test, the department will pay for both tests. If the retest indicates compliance with the

MCL or permit limit, the department will pay for the retest only, but not for the original test. Any parameter, which does exceed the MCL or permit limit shall be clearly flagged on the report in a manner approved by the Department of Corrections and requires immediate notification per Section (j) below. All telephone and facsimile (fax) messages shall be returned within two (2) hours of being received.

f. A list of the previous results for each parameter shall be supplied by the chief operator of the WTP and WWTP to the Contractor, and any parameter exceeding the previous results by 20% will require immediate notification to the chief operator of the WTP or WWTP and to the regional engineer.

g. As indicated in (e) above, samples must be retained by the Contractor in case re-analysis is required. In case of error on the Contractor’s part, not performing all required analyses, the Contractor will resample at no cost to the department.

h. The department routinely provides personnel for performing the field sampling except for sampling of Giardia, Cryptosporidium and the Monitoring Wells. The Contractor shall provide pre-assembled sampling kits to the institution’s operator, consisting of required bottles, containers, vials, packing, record document forms, ice cooler, etc. All containers (bottles, etc.) supplied to hold samples for transportation to the laboratory shall be pre-cleaned and sealed or accompanied by a certification that declares that the containers are sterile, free of contaminates and appropriate for the required analyses. The kits shall also contain special sampling equipment that may be specifically required for any of the required sampling.

i. Sample containers shall be provided with appropriate preservatives for the specific parameters to be sampled during the sampling event. Volatile Organic Compound (VOC) vials shall be new. All collection containers shall be clean to prevent interference with good laboratory analytical practices.

Sampling kits shall be provided to the department within 48 hours of a submitted request. The Contractor will schedule analysis sampling requirements with the facility to be sampled.

j. The Contractor shall report findings in an acceptable time frame. Immediate notification to the plant operator via phone and fax is required whenever parameters exceed the MCL or fall outside acceptable permit limits.

k. All analytical results shall be reported within seven (7) calendar days from the time of pick-up, with the exception of the coliform analysis, which shall be reported within 24 hours by fax.

l. Reports and custody records shall be on required forms accepted by EPA

FDEP, and DOH. If the results are required by the department to be supplied on disk, the Contractor shall supply the information, on disk, in an acceptable format. Results must reflect the same compound name as required by FDEP forms. Copies of the FDEP form are to be supplied by the department.

(Results must show current MDL’s and MCL’s as per FDEP regulations and the active permits for each Institution).

m. A copy of the chain of custody for all samples will be left with the operator at the institution when samples are picked-up by the contractor.

n. The Contractor shall provide cleaning reagents for sampling equipment if necessary.

o. The Contractor shall be able to respond immediately, 24 hours a day, under emergency conditions as identified by the department. This is to include immediate analysis under conditions of acute violations and imminent health risks.

p. The Contractor shall supply pick-up and delivery of samples and containers to comply with all holding times as required by FDEP and DOH regulations.

3.2 Delivery

The Contractor shall start services on the first day of the month after receipt of a purchase order.

3.3 Minimum Order (This does not apply to this ITB)

3.4 Quantity Discounts (This does not apply to this ITB)

3.5 Substitutions

The Contractor is required to provide only the product(s) identified in this bid submission. Alternate products provided to the Department without prior approval by the Contract Manager are prohibited, will be returned to the Contractor at the Contractor's expense, and may cause termination of the contract

In the event the product specified can no longer be provided for reasons beyond the Contractor’s control (i.e. - product discontinuance), the Contractor 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 Contractor 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 any brand that meets or exceeds the quality level of item(s) listed unless otherwise indicated on the Table 1-Cost Information Sheet. An alternate product sample may be required by the Department for review prior to acceptance.

3.8 Estimated Quantities

Quantities indicated herein are annual 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.

3.9 Price Increase/Decrease

The Department will consider price increases resulting from increases in raw material costs, manufacturing price increases, imposition of cost or taxes not contemplated at the time this ITB was released, etc., if rendered a written notice of vendor's price increase (i.e. letter, invoice, etc., from manufacturer, taxing, or other regulatory authority). After receipt by the Contract Administrator, price adjustments, if approved, will become effective thirty (30) days thereafter. Once a price adjustment request is received and approved, no entity will order more than a thirty (30) day’s supply of any item prior to the effective date of the increase. Price increase(s) will not be considered during the first six (6) months of the contract.

3.10 Contract Modifications

During the term of the Contract, the Department may require, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The parties agree to renegotiate this Contract to comply with any applicable current or revised state laws, regulations, or increases/decreases in allocations making any changes in the Contract necessary. Modifications to provisions of this Contract shall only be valid through execution of a formal contract amendment, and duly signed by both parties. There are no obligations to agree by either party.

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Bid Manager

Questions related to this procurement should be addressed to:

Sabina Flanagan, Purchasing Analyst Department of Corrections Bureau of Procurement and Supply 2601 Blair Stone Road, C415 Tallahassee, Florida 32399-2500 850-410-4056 (telephone) 850-488-7189 (facsimile number) E-Mail: flanagan.sabina@mail.dc.state.fl.us

Pursuant to Section 287.057(26), 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 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.

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

4.2 Calendar of Events

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 Standard Time)

Date Time Action

4.2.1 10/31/07 Release of ITB

4.2.2 11/07/07 Last day for written inquiries

4.2.3 11/08/07 Anticipated date that written responses to written inquiries will be posted on the Vendor Bid System

(VBS).

4.2.4 11/13/07 2:00 PM Bid opening

4.2.5 11/15/07 Anticipated date of posting of recommended award

4.2.6 11/21/07 Anticipated date for issuance of purchase order or other document

4.3 Procurement Rules

4.3.1 Mandatory Vendor Registration

In 2003, 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 7.3.1.

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.

Bids are due at the time and date specified in the Calendar of Events (Subsection 4.2) at the Department of Corrections, Bureau of Procurement and Supply, 2601 Blair Stone Road, 4th floor, 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.

4.3.3 Bid Opening

Bids will be publicly opened at the time and date specified in the “Calendar of Events” (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 Calendar of Events.

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 not meeting mandatory responsiveness requirements. In addition, the Department shall also reject any or all bids containing material deviations. The following definitions are to be utilized in making these determinations.

4.3.7.1 Mandatory Responsiveness Requirements

Terms, conditions or requirements that must be met by the bidder to be responsive to this ITB. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be further reviewed.

4.3.7.2 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.

4.3.7.3 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

This section supersedes paragraph No. 12 entitled “Interpretations/Disputes” of the General Conditions of the ITB Bidder Acknowledgement Form (page 2).

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 “Calendar of Events.” 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 4.3.9., 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 Calendar of Events. (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 Failure to file a protest of the bid specifications 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.

4.3.8.4 Pursuant to Section 287.042(2)(c), Florida Statutes, a formal written protest must be accompanied by a bond payable to the Department in an amount equal to one percent (1%) of the estimated total value of the proposed contract amount submitted by the protestor. 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.

4.3.9 Addenda

4.3.9.1 The Department will post all addenda and materials relative to this procurement on the Florida Vendor Bid System at www.myflorida.com under the posted bid number (click on “Business”, then “Doing Business with the State”, under “Everything for Vendors and Customers”, click on “Vendor Bid System (VBS)”, and “Search Advertisements”). Each bidder is responsible for monitoring this site for new or changing information relative to this procurement.

4.3.9.2 An Addendum Acknowledgment Form will be included with each addendum and shall be signed by an authorized company representative, dated, and returned with the bid, as instructed in Section 5, Contents of Bid.

4.3.10 Cost Discussions

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.

4.3.11 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Contractor 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 Contractor’s representative, which are in writing and signed, will be recognized by the Department as duly authorized expressions on behalf of the Contractor.

4.3.12 No Prior Involvement and Conflicts of Interest

The Contractor 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 Contractor. 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 Contractor 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.

4.3.13 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.

In furtherance of the One Florida Initiative, bidders are encouraged to seek the participation of certified minority business enterprises (CMBE). Information on the One Florida Initiative and CMBE’s is available from the Office of Supplier Diversity at http://osd.dms.state.fl.us. Please identify each CMBE that will participate in the Contract and the nature of the participation.

4.3.14 Public Entity Crimes

A person or affiliate who has been placed on the Convicted Contractor List following a conviction for a public entity crime may not submit a bid or proposal to provide any goods or services to a public entity, may not submit a bid or proposal to a public entity for the construction or repair of a public building or public work, may not submit bids or proposals for leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the Convicted Contractor List.

4.3.15 Discriminatory Vendor List

An entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid or contract to provide goods or services to a public entity, may not submit a bid or contract with a public entity for the construction or repair of a public building or public work, may not submit bids or contracts on leases of real property to a public entity, may not perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity and may not transact business with any public entity.

4.3.16 Trade Secrets

The Department will attempt to afford protection from disclosure of any trade secret as defined in Section 812.081, Florida Statutes, where identified as such in the response to this ITB, to the extent permitted under Section 815.04, Florida Statutes.

Any bidder acknowledges, however, that the protection afforded by Section 815.04, Florida Statutes, is incomplete, and it is hereby agreed by the bidder and the Department that no right or remedy for damages arises from any disclosure.

4.3.17 Unauthorized Employment of Alien Workers

The Department does not intend to award publicly funded contracts to those 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.

4.4 Posting of Recommended Award

The notice of intended award will be posted on or about the date shown in the Calendar of Events (Subsection 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 72 hour time period. Posting will be made available on the Florida Vendor Bid System at www.myflorida.com (see additional instructions listed in Subsection 4.3.8).

4.4.1 Any bidder who desires to protest the recommended award must file the following documents with the Agency Clerk in the Department’s Office of General Counsel, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500, (telephone number 850- 488-2328), and provide copies to the Contact Person listed in Section 4.1 of this

ITB:

4.4.1.1 A written notice of intent to protest within seventy-two (72) hours after posting of the recommended award. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72 hour time period.

4.4.1.2 A formal written protest by petition within ten (10) calendar days after the date on which the notice of protest is filed.

4.4.1.3 A protest bond (see Section 4.4.3) within ten (10) calendar days after the date on which the notice of protest is filed.

4.4.2 Failure to file a protest within the time prescribed in Chapter 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.

4.4.3 Pursuant to Section 287.042(2)(c), Florida Statutes, a formal written protest must be accompanied by a bond payable to the Department 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 850-488-2328, facsimile number 850-410-4133). 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.

4.4.4 In addition to the requirements of paragraph No. 15 entitled “Awards” of the

General Conditions of the ITB Bidder Acknowledgement Form (page 2), the Department shall not be obligated to pay for information obtained from or through any bidder prior to entering into a contract with the winning bidder.

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) original, signed bid, which shall include all required documents, in a separately sealed envelope clearly marked “Bid – ITB #07-CHARLOTTE-7895R.”

There is no intent to limit the content of the response. Additional information deemed appropriate by the bidder may be included. However, cluttering the bid with irrelevant material makes the review more difficult. The following paragraphs contain instructions that describe the required format for bid responses.

5.1 Mandatory Responsiveness Requirements

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

5.1.1 It is mandatory that the bidder complete, sign and return the ITB Bidder

Acknowledgement Form (page 1 & 2). The bidder must return either the original or a copy of both pages with an original signature. The sealed envelope shall be clearly marked “ITB #07-CHARLOTTE-7895R.”

5.1.2 It is mandatory that the bidder complete, sign and return the pricing page entitled

TABLE I – Cost Information, which consists of page thirty-nine (39). The bidder must return the entire TABLE I –Cost Information, dated and with an original signature.

5.1.3. It is mandatory that the bidder save the excel document, pages forty (40) through forty-three (43), to a CD for submittal with their bid. As instructed in TABLE I – Cost Information.

5.2 Contact for Contract Administration

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

5.3 Addendum Acknowledgment Form

If an addendum to this bid is issued, the Bidder shall complete and insert the Addendum Acknowledgment Form(s).

5.4 Cost Proposal

5.4.1 Cost Proposal Submission Requirements

The bidder shall submit the Cost Information Sheet(s) (Table 1). By submitting a bid or bids under this ITB, each bidder warrants its agreement to the prices submitted. Any qualifications, counter-offers, deviations, or challenges shall render the bid non-responsive.

SECTION 6 – AWARD OF CONTRACT

6.1 Price Determination

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 material necessary for testing, sampling kits, packaging, handling, pick-up, shipping and delivery charges (F.O.B. Destination, Freight Prepaid).

The lowest responsive bidder shall be based on the lowest Grand Total Weighted Bid Price. The bidder is required to bid on all tests and group of tests for their bid to be considered responsive. The bidder will enter their price on the document in the highlighted column labeled Enter Bid Price Per Test.

Note: You will not insert pricing in the groupings that are highlighted in gray.

Grand Total Weighted Bid Price is achieved by:

• Adding the total of all Est. Tests Per Year for WTP and WWTP. (All tests that are one (1) or less than (<) one (1) per year are entered as one (1) for weighted value purposes).

• Dividing each Est. Tests Per Year by the Grand Total of WTP and WWTP Est.

Tests Per Year to obtain the Weighted Value.

• Multiplying the Bid Price per test, times the Weighted Value per test, equals the

Weighted Bid Price per test.

• Add all Weighted Bid Prices for WTP and WWTP to obtain the Grand Total

Weighted Bid Price.

Note: the excel document will calculate all totals for you. The bidder will only input the bid price per test in the highlighted area. All other areas of the document are locked to avoid accidental data entry.

6.2 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.

6.3 Identical Tie Bids

In the event of identical pricing from this ITB, the Department shall determine the order of award using the following criteria, in the order of preference listed below (from highest priority to lowest priority).

1. The bid is from a Florida-domiciled entity, as determined by the Department of State;

2. The bid provides for manufacturing the commodity(ies) within the state (in preference over any foreign manufacturing);

3. The bid provides for a foreign manufacturer that has at least 200 employees working in the state (in preference over a foreign manufacturer with less than 200 employees working in the state); or

4. The bid certifies that a drug-free workplace has been implemented in accordance with Section 287.087 F.S. (Bidder must return a fully executed Attachment 2).

If none of the criteria listed above is applicable, the Department may determine the order of award by coin toss.

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 bid in response to this ITB shall be considered as the bidder’s formal offer.

7.1.2 Upon selection of the winning bid and completion of the seventy-two (72) hour posting process indicated in Section 4.4, an authorized representative of the agency shall affix his signature to the specified area on the bottom of the ITB Bidder Acknowledgement Form (Page 2), thereby certifying the bid. Once the bid submittal has been certified, the bidder shall be known as the "Contractor" and the certified bid shall constitute the Contract between the parties. 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 five (5) year contract. Said Contract is renewable, at the Department's sole discretion, for one five (5) year term. Such renewals are contingent upon satisfactory performance evaluations, as determined by the Department, and subject to the availability of funds.

The Department will forward a letter, along with a copy of the certified bid (Contract) to the Contractor and orders may then be issued against the Contract.

Department staff may issue purchase orders, or utilize the State of Florida procurement card (VISA) for purchases under this Contract.

7.2 Termination

7.2.1 Termination at Will

The Contract may be terminated by either party upon no less than thirty (30) calendar days’ notice, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. Notices to the Department shall be sent to the individual listed in Section 4.1. Notices to the Vendor shall be sent to the individual listed in Attachment 1 – Contact (or Contract Administration).

7.2.2 Termination Because of Lack of Funds

In the event funds to finance this purchase become unavailable, the Department may cancel the Contract upon no less than twenty-four (24) hours’ notice in writing to the Vendor. Notice shall be delivered by certified mail (return receipt requested), facsimile, by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. The Department shall be the final authority as to the availability of funds.

7.2.3 Termination for Cause

If any breach of the terms and conditions of the Department’s Purchase Order or any of its incorporated documents occurs by the Vendor, the Department may, by written notice to the Contractor, cancel the Contract upon twenty-four (24) hours’ notice.

Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code. The provisions herein do not limit the Department’s right to remedies at law or to damages.

7.2.4 Termination for Unauthorized Employment

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

7.3 Payments and Invoices

7.3.1 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 Contractor, 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 Contractor. Automatic deduction is not always possible and Contractors are expected to self-report until a method of automatic deduction is implemented.