CN-700000-T7969.pdf

FLORIDA

DEPARTMENT of CORRECTIONS Governor

RICK SCOTT

Secretary

An Equal Opportunity Employer KENNETH S. TUCKER

501 South Calhoun Street Tallahassee, FL 32399-2500 http://www.dc.state.fl.us

May 3, 2012

AMENDMENT NO: (07-DC-7969)-1

SUBJECT: Contract No: 07-DC-7969

TITLE: Gases - Chlorine

Under the provisions of the above referenced contract, in accordance with Section 7.1, of the Contract Terms and Conditions, entitled “Contract”; the Contract has been renewed for an additional three (3) years and is now effective through May 6, 2015.

Any questions or problems in delivery or service that may arise regarding this contract should be directed to Jessie C. Moseley at (850) 717-3683, moseley.jessie@mail.dc.state.fl.us.

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

FLORIDA

DEPARTMENT of

CORRECTIONS

Governor Charlie Crist

Secretary An Equal Opportunity Employer Walter A. McNeil

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

CERTIFICATION OF CONTRACT

TITLE: GASES – CHLORINE CONTRACT NO: 07-DC-7969

EFFECTIVE DATE: 05/07/2009

THRU: 05/06/2012

RENEWED THRU 05/06/2015

CONTRACTOR(S): BRENNTAG MID-SOUTH, 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 contrac-tor(s). (Said contract, consisting of the Department’s ITB and the Contractor’s response thereto, is attached as Attachment A).

B. EFFECT: This master contract was entered into to provide chlorine gas cylinders for delivery to various locations throughout the state of Florida. All purchases shall be made under the terms, prices and conditions of this contract and with the contractor(s) specified.

C. ORDERING INSTRUCTIONS: Local contract purchase orders shall be issued in accordance with the at-tached 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.

D. CONTRACTOR PERFORMANCE: Purchasing entities are to report any vendor failing to perform ac-cording 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 administrator along with all support-ing 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 Talla-hassee, FL, with a copy to the Contract Manager, if applicable. Copies of these submittals shall remain in the contract file for use in decisions regarding renewal options.

Model Commodity Term Bid (09/22/08) ITB# 07-DC-7969

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

3.4 Quantity Discounts

3.5 Substitutions

3.6 Damaged Goods

3.7 Trade Names

3.8 Contract Sales Report

3.9 Estimated Usage

3.10 Price Increase/Decrease

3.11 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 Cost Discussions

4.3.10 Verbal Instructions

4.3.11 No Prior Involvement and Conflicts of Interest

4.3.12 Department of State Licensing Requirements

4.3.13 Public Entity Crimes

4.3.14 Discriminatory Vendor List

4.3.15 Unauthorized Employment of Alien Workers

SECTION 5 – BID FORMAT AND CONTENTS

5.1 Responsiveness Requirements

5.2 Contact for Contract Administration

5.3 Addendum Acknowledgment Form

SECTION 6 – AWARD OF CONTRACT

6.1 Posting of Recommended Award

6.2 Price Determination

6.3 Incomplete Cost Information Sheet

6.4 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

7.8.2 Disclosure of Bid Contents

7.8.3 Audit Records

7.8.4 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 –LIST OF FACILITIES………………………………………………………41

ATTACHMENT 3 –SECURITY GUIDELINES………………………………………………… 48

ATTACHMENT 4 –INSTRUCTIONS FOR COST INFORMATION SHEET……………………50

COST INFORMATION SHEET (EXCEL, DOWNLOAD SEPARATELY)............................... 51-63

THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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 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.

1.7 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.

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

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

1.10 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.

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

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

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

1.14 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.

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

The Department of Corrections currently purchases industrial, medical and chlorine gas on an informal quote basis and has determined a need to establish an Agency Contract.

The purpose of this solicitation is to secure competitive bids from qualified vendors for the provision of industrial, medical, and chlorine gas as specified by the Department of Corrections for delivery to various institutions and work camps throughout the State of Florida. This solicitation will be awarded by each region for each category of gas. The successful bidder shall furnish the product specified or an approved equivalent.

The estimated annual spend for this contract is $515,000. This figure is supplied as a guide for preparing your bid and should not be construed as representing actual sales.

2.2 Contract

As a result of this ITB, the successful bidder shall be awarded a three (3) year contract, which may be renewed for a period of three (3) additional years at the Department’s sole discretion.

Purchases from the resulting Contract shall be accomplished through issuance of purchase orders by each region or by using the State of Florida Purchasing Card (VISA).

The correctional sites and locations that shall be included under the Contract resulting from this ITB are listed in Attachment 2 – List of Facilities and Work Camps.

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

A. APPLICABLE DOCUMENTS

The latest publication of the following documents shall apply:

1. OSHA, 29 CFR 1910 Subpart H – Hazardous Materials

2. OSHA, 29 CFR 1910 Subpart C - Adoption and Extension of Established

Federal Standards

3. FDA, 21 CFR Parts 210 – Food & Drugs, and 211 – Current Good

Manufacturing Practice for Finished Pharmaceuticals

4. DOT, 49 CFR – Transportation

5. Compressed Gas Association (CGA) Standards and Recommendations

6. National Fire Protection Association (NFPA) Codes and Standards

Conformance to all federal, state, and local regulations, including licensing, that are applicable and may not be listed are the responsibility of the awarded vendor.

B. INDUSTRIAL GASES

1. Contractors shall provide pricing on the Cost Information Sheet for industrial grade gases in the minimum purity levels for the specified use.

C. MEDICAL GASES

1. All medical gases supplied in this contract shall be medical grade gases and must be manufactured at an FDA registered facility. All medical gases must meet United States Pharmacopeia (USP) and (National Fire Protection Association (NFPA) regulations.

2. Products shall be tested in accordance with FDA requirements.

3. The purity of Medical Gases must equal or exceed U.S. Pharmacopeia (USP)

Specifications.

4. Cylinders will be color-coded in accordance with Compressed Gas Association standards stated in Pamphlet C-9, Standard Color Market of Compressed Gases Cylinder Intended for Medical Use in the United States. A label shall be affixed to each cylinder stating the type of gas and the degree of purity of the gas or gases contained in the cylinder

5. All cylinders shall be properly purged of gases and impurities prior to filling.

6. All cylinders shall be delivered with a full/empty identification tag.

7. The contractor shall provide Quality Control Reports with the packing slip for all deliveries.

8. The cylinders/bulk containers used to contain medical gas must conform to the dimensions and volume standards within the applicable CGA or National Fire Protection Agency guidelines.

D. CYLINDERS

1. All cylinders shall comply with all applicable I.C.C., D.O.T., and O.S.H.A.

requirements and shall have a valve protection cap properly installed when shipped and delivered. The caps must be in place during transporting and unloading, and chained or secured in place until the cylinder has the regulator attached.

2. Cylinder valves are to be of high quality assuring not only proper gas releasing, but also that pressure pop-off devices do not release under normal operating conditions and that valves fit tightly without leaking when attached to regulators.

3. Caps used for valve protection should be kept on the cylinder except when the cylinder is in use. A cylinder's cap should be screwed all the way down on the cylinders neck and should fit securely. The cap is for valve protection only.

4. All cylinders shall be clean and free of rust, pits, dents, etc. Cylinders shall be properly painted and labeled. Cylinder valves shall be in proper operating order and shall show no sign of binding or excessive wear.

5. All cylinders shall be delivered with a full/empty identification tag.

6. Cylinders which do not bear a legibly written, stamped, or stenciled identification of the contents should not be used: they should be segregated and the gas vendor should be contacted for removal.

F. CERTIFICATE OF ANALYSIS

Certificate of analysis to state the percentage of purity and composition of gases by percentages in a given cylinder shall be furnished upon request at no charge. Testing of gas shall be conducted in such a manner as to produce a complete detailed listing of all components of the cylinder. It shall not be a simple testing of expected contaminants from which a level of purity is determined by subtraction. Contractor shall provide proof of testing methodology for approval if so requested.

G. REQUIREMENTS

1. The contractor shall provide all necessary cylinders, equipment and supplies required to dispense.

2. The contractor shall be responsible for maintaining all rental cylinders, equipment and supplies stipulated herein, in non-leaking working condition, at no additional charge.

3. The purity of industrial gases shall meet the CGA commodity specification. The gases shall be industrial grade, unless otherwise noted.

4. All compressed gas cylinders used for the packaging of gases shall be manufactured under regulations of the U.S. Department of Transportation and no gas shall be filled into a cylinder that is not properly marked to indicate that it complies with these specifications. All cylinders shall contain a positive type safety disc to meet requirements of the Department of Transportation and the Bureau of Explosives.

5. Contractor/Subcontractor shall unload the products and allow the State to inspect for damage, fitness, and proper labeling. As long as all defects are readily apparent and all labels are true and correct, then title to products and risk of loss or damage to products or cylinders shall pass to the State upon delivery. In the event a defect is not readily apparent, but discovered later, then title and risk of loss or damage shall be considered to remain with the Contractor.

6. The Contractor shall complete any portion of an unfulfilled order within three

(3) days. Any portion of an order originally to be shipped without delivery charges that is back-ordered, or re-ordered due to unfulfillment of the original order, will be shipped without charge.

7. Contractor’s will not be allowed to assess any extra charges (delivery charges, environmental charges, demurrage, etc.) on this contract. All ancillary charges shall be included in the price of the gas. Cylinder rental and medical regulators are separate line items on the Cost Information Sheet.

8. Rental Cylinders – Material, maintenance, and upkeep on rental cylinders required during the duration of purchase orders will be made at no charge to the facility.

9. The Contractor shall be responsible for filling state-owned cylinders at the same cost as rental cylinders.

10. The DC employee assigned receiving responsibilities at the loading dock, or other receiving location, shall sign and date a copy of the manifest sheet confirming the size and type of gas delivered and the cylinders returned, including serial numbers.

H. CYLINDER LABELING, IDENTIFICATION & CERTIFICATION

1. All rental cylinders shall be affixed with a label identifying suppliers’ name/logo and address to insure the correct cylinders are returned to the Contractor.

2. Each cylinder must legibly list contents, grade, size, serial number, and requalification date of the cylinder. This information shall also be included on all invoices.

3. For all high purity, ultra high purity, specialty gases as well as gas mixtures, the contractor shall provide, at no cost to the State, a "Certificate of Analysis" (COA) and/or a batch analysis for all gases delivered under this contract. Any delivery without a COA and/or batch analysis may be deemed unacceptable and non-compliant to the terms of the contract and may be returned at the contractor's expense.

I. CYLINDER FITTINGS

1. All cylinder fittings shall be in accordance with the Compressed Gas

Association (CGA) standards. In the event of any modifications by the CGA to these standards, the State shall be notified, in writing, 30 days prior to the delivery of any modified cylinders to allow time to obtain new cylinder regulators.

2. All cylinder valves shall comply with all applicable laws, rules, and regulations, including, but not limited to, those set forth by the Compressed Gas Association and the US Department of Transportation.

3. All post-type cylinder valves shall be pin indexed in accordance with

Compressed Gas Association regulations.

4. All cylinders requiring metal caps shall be securely applied on delivery.

J. QUALITY CONTROL

1. If quality problems are suspected, a technical representative shall be available within 48 hours of notification.

2. The Contractor shall have a viable quality control program that ensures all containers and products are maintained and supplied properly. The program shall be consistent with what is typically used in the industry.

3. Quality control records shall be made available to the State upon request.

4. Any damages due to non-compliant gases i.e., contamination from improper gas formulations, mislabeled or defective cylinders shall be the responsibility of the Contractor. If supplied gases are the suspected cause of any damages to the Purchaser’s equipment, the Purchaser reserves the right to request an analysis by an independent laboratory, at the expense of the Purchaser. Should the analysis reveal the gas was non-compliant, the Contractor shall reimburse the Purchaser for the cost of the analysis, in addition to any other damages.

K. CYLINDER AUDIT

1. Rental cylinders remain the property of the successful vendor unless the department decides to purchase such cylinders. The department requires each successful vendor to reconcile its billing statements with each facility such that the vendor’s records and the facility records reflect the identical number of cylinders on hand. This reconciliation must take place at least every six (6) months at no additional cost to the department. This reconciliation should consist of the vendor sending a statement to each warehouse or receiving facility listing all cylinders on hand, including serial numbers, gas types and size. Discrepancies must be resolved within thirty (30) days from when the discrepancy took place. DC will not be responsible for rental charges of any cylinders that have not been identified in the reconciliation process.

2. The Department will not pay more than the contractor pays for replacement/lost cylinders.

L. CYLINDER EXCHANGE

1. Facilities shall notify the contractor of the number and type of empty cylinders ready for return/exchange. Facilities are not required to pay cylinder rental fees five (5) days after notification for pick-up

2. All empty cylinders shall be picked up by the rightful owner at no additional charge to the state within 2 weeks of notification.

3. If a cylinder belonging to another vendor is picked up in error by the Contractor, the Contractor shall be responsible for contacting the facility and returning the cylinder immediately.

4. Unless otherwise agreed by the contractor and the facility, all cylinders should be picked-up by the contractor no later than three (3) months after the contract expires. If there is gas remaining in the cylinder, the contractor shall issue a refund to the Department of Corrections.

3.2 Delivery

Product(s) shall be shipped FOB: destination within the time agreed upon between the ordering institution and the contractor after receipt of an order. Deliveries must be made between 8:30 am to 4:00 pm E.T., Monday thru Friday excluding Saturdays, Sundays, and state holidays, unless otherwise stated herein or on a subsequent purchase order.

Delivery dates and times, and pick-up of empty containers will be coordinated between the institution and the contractor. See Attachment two (2), List of Facilities, for location of the facilities. You may also go to http://www.dc.state.fl.us/facilities/ to view the regional maps.

Emergency deliveries of medical oxygen shall be made within 2 hours after notification by the facility at no additional expense to the state.

3.3 Minimum Order

There is no minimum order.

3.4 Quantity Discounts

The Contractor shall provide a discount for the quantity/dollar level breaks if indicated on the Cost Information Sheet. The discount shall be applied to base unit cost provided under this Contract.

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 Cost Information Sheet. An alternate product sample may be required by the Department for review prior to acceptance.

3.8 Contract Sales Report

The Contractor 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 and a year end summary. The report shall summarize by delivery location: type of gas, size of cylinder, total number of units sold, total dollar value of units sold. The Department may, at its discretion, develop the exact format the Contractor 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 Usage

It is estimated on the chart below the number of cylinders that will be purchased annually 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.

FACILITY ESTIMATED ANNUAL USAGE OF CYLINDERS

Region I

Industrial Gas Total Usage

Medical Gas Total Usage

Chlorine Gas 150# Total Usage

Apalachee 120 12 14 Calhoun 29 2 0 Century 80 6 0 Franklin & Bay City 30 2 0 Gulf 27 2 40 Holmes 54 6 0 Jackson 19 2 30 Jefferson 21 19 75 Liberty 6 9 30 NorthWest FL Reception Center 22 27 36 Okaloosa 23 36 42 Santa Rosa 31 9 0 Wakulla 24 2 0 Walton 50 12 25

Region II

Gas Total Usage

Medical Gas Total Usage

Chlorine Gas 150# Total Usage

Baker 46 12 30 Columbia 30 98 110 Cross City 39 5 0 Florida State Prison 132 23 190 Gainesville 10 4 0 Hamilton 57 105 0 Lancaster 16 2 25 Lawtey 55 2 0 Madison 40 65 0 Mayo 74 3 216 New River 6 35 0 Regional Medical Center (RMC) 51 1612 12 Suwannee (new facility) est 57 unknown 0 Taylor 27 250 30 Union 66 100 0

FACILITY ESTIMATED ANNUAL USAGE (CON’T)

Region III

Gas Total Usage

Medical Gas Total Usage

Chlorine Gas 150# Total Usage

Avon Park 154 121 72 Brevard 95 87 0

CFRC 155 835 0

Demilly (new facility) unknown 0 Hernando 226 102 0 Hillsborough 42 146 0 Lake 96 867 64 Lowell 18 47 24 Marion 71 158 65 Polk 47 222 0 Putnam 49 2 0 Sumter 249 82 80 Tomoka 67 137 0 Zephyrhills 74 81 0

Region IV

Gas Total Usage

Medical Gas Total Usage

Chlorine Gas 150# Total Usage

Broward 16 24 0 Charlotte 124 18 80 Dade 72 72 0 DeSoto 72 2 0 Everglades 15 0 0 Glades 52 24 0 Hardee 32 4 120 Hendry 188 5 140 Homestead 23 14 0 Indian River 24 2 0 Martin 20 40 100 Okeechobee 93 9 115 South FL Reception Center 120 38 0

3.10 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 twelve (12) months of the contract and only once per year after the contract date.

3.11 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:

Susan Barr, Purchasing Analyst Department of Corrections Bureau of Procurement and Supply 2601 Blair Stone Road, B439 Tallahassee, Florida 32399-2500 850-410-1799 (telephone) 850-488-7189 (facsimile number) E-Mail: barr.susan@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 bid manager as listed above or as otherwise 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 Time)

Date Time Action

4.2.1 3-23-2009 4:00 pm Release of ITB

4.2.2 4-3-2009 2:00 pm Last day for written/emailed inquiries

4.2.3 4-8-2009 2:00 pm Anticipated date that written responses to written inquiries will be posted on the Vendor Bid System

(VBS).

4.2.4 4-21-2009 2:00 pm Bid opening

4.2.5 4-28-2009 2:00 pm Anticipated date of posting of recommended award

4.2.6 5-5-2009 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 containing material deviations. The following definitions are to be utilized in making these determinations.

4.3.7.1 Material Deviations

The Department has established certain requirements with respect to bids to be submitted by bidders. The use of shall, must or will (except to indicate simple futurity) in this ITB indicates a requirement or condition which may not be waived by the Department except where the deviation therefrom is not material. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with this

ITB’s requirements, provides an advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a bid.

4.3.7.2 Minor Irregularities

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

4.3.8 Bid Inquiries

4.3.8.1 The bidder shall examine this ITB to determine if the Department’s requirements are clearly stated. If there are any requirements which restrict competition, the bidder may request, in writing, to the Department, that the specifications be changed. The bidder who requests changes to the Department’s specifications must identify and describe the bidder’s difficulty in meeting the Department’s specifications, must provide detailed justification for a change, and must recommend changes to the specifications. Requests for changes to this ITB must be received by the Department no later than the date shown for written inquiries in the “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.

4.3.9 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.

4.3.10 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.

4.3.11 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.

4.3.12 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.

4.3.13 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.

4.3.14 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.

4.3.15 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.

SECTION 5 – BID FORMAT AND CONTENTS

This section contains instructions that describe the required format for the submitted bid. Bids shall be submitted in a sealed envelope, clearly marked “Bid – ITB #07-DC-7969”.

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 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 Bidder Acknowledgement Form

(page 1 & 2). The bidder must return either the original or a copy of both pages with an original signature on page one (1). Do not sign page two (2).

5.1.2 The bidder shall complete, sign, date and return the pricing page, entitled Cost

Information Sheet, which consists of pages 51 through 63. Copy the Cost Information Sheet (excel format) to a disk and submit along with the signed hard copy. By submitting a bid or bids under this ITB, each Bidder warrants its agreement to the prices submitted. The Department objects to and shall not consider any additional terms or conditions submitted by a bidder, including any appearing in documents attached as part of a bidder’s response. In submitting its bid, a bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Any qualifications, counter-offers, deviations, or challenges may render the bid non-responsive.

5.2 Contact for Contract Administration

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

5.3 Addendum Acknowledgment Form

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

5.3.1 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.

5.3.2 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.

SECTION 6 – AWARD OF CONTRACT

6.1 Posting of Recommended Award

The notice of intended award will be posted on or about the date shown in the “Calendar of Events” (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 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 5.3.1).

6.1.1 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 850-488- 2328) and provide copies to the Contact Person listed in Section 4.1 of this ITB:

6.1.1.2 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.

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

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

6.1.2 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.

6.1.3 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.

6.1.4 In addition to the requirements of the 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.

6.2 Price Determination

The Department will award the Contract to the lowest responsive bidder with the lowest cumulative price by Region and by each Group (Group # 1 Industrial, Group # 2 Medical and Group # 3 Chlorine) as specified on the Cost Information Sheet(s) for this ITB. 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. The bidder is not required to bid all regions, in order for their bid to be considered responsive. However, the bidder must be able to service an entire region.

Firm prices shall be bid and shall include all packaging, handling, loading and unloading Any charges other than cylinder rental shall be included in the price of the gas.

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. All changes/corrections made by the bidder, including corrections made using “white out”, shall be initialed by the bidder.

6.4 Identical Tie Bids

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

SECTION 7 – CONTRACT TERMS AND CONDITIONS

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

7.1 Contract

7.1.1 A bidder’s 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 three (3) year contract. Said Contract is renewable, at the Department's sole discretion, for one three (3) 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…