M

BIDS WILL BE OPENED

APRIL 6, 2010

BID NO.

09-DC-8148

Page 1 of 41Pages

AGENCY RELEASE DATE:

MARCH 8, 2010

BID TITLE

TANK WAGON GASOLINE & DIESEL FUEL

FEDERAL TAX ID NUMBER: DELIVERY DATE WILL BE DAYS after receipt of Purchase Order

VENDOR NAME:

REASON FOR NO BID:

STATE OF FLORIDA

DEPARTMENT OF CORRECTIONS

INVITATION TO BID

Bidder Acknowledgement for an

AGENCY TERM CONTRACT

COMMODITY CODE:

405-120, 405-220

POSTING OF BID TABULATIONS

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

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

VENDOR MAILING ADDRESS:

CITY – STATE – ZIP

TOLL FREE: ( )

PHONE:

FAX: ( )

AUTHORIZED SIGNATURE (manual)

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

SUBMIT BIDS TO:

Susan Barr Department of Corrections Bureau of Procurement & Supply 2601 Blair Stone Road B439 Tallahassee, Florida 32399-2500 Telephone Number: (850) 410-1799 odel Commodity Term Bid (02/02/2010) ITB# 09-DC-8148

GENERAL

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

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

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

3. BID OPENING: Sealed bids must be received prior to the bid opening date and time.

Copies of bid tabulations will not be provided at the bid opening. A bid may not be altered after opening of the bids. Bid files may be examined during normal working hours by appointment only and pursuant to Chapter 119.071, F.S.

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

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

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

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

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

CONDITIONS

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

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

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

https://flair.dbf.state.fl.us/caspub/vnpayhst.htm

Model Commodity Term Bid (02/02/2010)

12. INTERPRETATIONS/DISPUTES: Any questions concerning conditions and specifications shall be directed in writing to this office for receipt no later than ten (10) days prior to the bid opening unless otherwise stated in the special conditions. Inquiries must reference the date of bid opening and bid number. No interpretation shall be considered binding unless provided in writing by the department in response to requests in full compliance with this provision. Any person who is adversely affected by the department’s decision or intended decision concerning a procurement solicitation or contract award and who wants to protest such decision or intended decision shall file a protest in compliance with Chapter 28-110, F.A.C. Failure to file a protest within the time prescribed in Section 120.57(3), F.S. or failure to post the bond or other security required by law within the time allowed shall constitute a waiver of proceedings under Chapter 120, F.S.

13. NOTICE OF BID PROTEST BONDING REQUIREMENT: Any person who files an action protesting a decision or intended decision pertaining to contracts administered by the department pursuant to Section 120.57 (3), F.S., shall post with the department agency at the time of filing the formal written protest, or within the 10 day period allowed for filing the formal written protest, a bond payable to the Department of Corrections in an amount equal to 1 percent (1%)of the department’s estimate of the total volume of the contract, which bond shall be conditioned upon the payment of all costs which may be adjudged against him in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. For protest of decisions or intended decisions of State Purchasing pertaining to the department’s request(s) for approval of exceptional purchases, the bond shall be in the amount equal to 1 percent (1%) of the requesting agency’s estimate of the contract amount for the exceptional purchase requested. In lieu of a bond State Purchasing or the department may, in either case, accept a cashier’s check or money order in the amount of the bond. FAILURE TO FILE THE PROPER BOND AT THE

REQUIRED TIME WILL RESULT IN A DENIAL OF THE PROTEST.

14. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, F.S. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the department. Further, all bidders must disclose the name of any department employee who owns, directly or indirectly, an interest of five percent (5%) or more in the bidders firm or any of its branches. In accordance with Chapter 287, F.S., no person or firm receiving a contract that has not been procured pursuant to Section 287.057(2) or (3), F.S., to perform a feasibility study of the potential implementation of a subsequent contract, participating in the drafting of an invitation for bids or request for proposals, or developing a program for future implementation shall be eligible to contract with the agency for any other contracts dealing with that specific subject matter: and bidders must disclose with their bid any such conflict of interest.

15. AWARDS: As the best interest of the State may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof; on a geographical district basis and/or on a statewide basis with one or more suppliers; to reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is competition to the lowest responsible bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. All awards made as a result of this bid shall conform to applicable Florida Statutes.

16. SAMPLES: Samples of items, when called for, must be furnished free of expense on or before the bid opening time and date, unless otherwise specified herein. If not destroyed, samples may, upon request, be returned at the bidder’s expense. Each individual sample must be labeled with bidders name, manufacturer’s brand name and number, bid number, and item reference. Request for return of samples shall be accompanied by instructions which include shipping authorization and name of carrier and must be received within ninety (90) days after bid opening date. If instructions are not received within this time, the commodities shall be disposed of by the department

17. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications by the Florida Department of Agriculture and Consumer Services, or by others acceptable to the department. Should the items fail testing, the department may require the vendor to reimburse the department for costs incurred by the department in connection with the examination or testing of the commodity including costs relating to transporting the commodity samples to the testing site, actual test costs, personnel costs and other applicable costs. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, F.S. Items delivered not conforming to specifications may be rejected and returned at the vendors expense. These items and items not delivered as per delivery date in bid and/or purchase order may result in bidder being found in default in which event any and all reprocurement costs may be charged against the defaulting contractor. Any violation of these stipulations may also result in:

a) Suppliers name being removed from State Purchasing vendor mailing list.

b) All State departments being advised not to do business with the supplier without written approval from State Purchasing until such time as supplier reimburses the department for all reprocurement and cover costs.

18. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, county and local laws, and all ordinances, rules, and regulations shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the State of Florida, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof.

19. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the purchaser and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process or article manufactured or supplied by the bidder. The bidder has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by contractor or is based solely and exclusively upon the department’s alteration of the article. The purchaser will provide prompt written notification of a claim of copyright or patent infringement and will afford the bidder full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending, the contractor may, at its options and expenses procure for the purchaser the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the department agrees to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

20. PRICE ADJUSTMENTS: Any price decrease effectuated during the contract period by reason of market change or special sales offered to other customers shall be passed on to the department. This shall also apply to all in-place equipment on rent or lease plan. Price increases are not accepted, unless otherwise stated in this solicitation.

21. CANCELLATION: All contract obligations shall prevail for at least one hundred eighty (180) days after effective date of the contract. Also, cancellation may be required in accordance with Section 287.042(b), F.S. In addition to the provision of the Renewal Paragraph, for the protection of both parties, this contract may be cancelled, in whole or in part, by either party by giving thirty (30) days prior notice, in writing, to the other party.

22. ABNORMAL QUANTITIES: Should the department require making a purchase for abnormal quantities, the right is reserved to issue a separate solicitation.

23. ADVERTISING: In submitting a bid, bidder agrees not to use the results therefrom as part of any commercial advertising.

24. ASSIGNMENT: Any purchase order issued pursuant to this contract and the monies which may become due hereunder is not assignable except with the prior written approval of the department.

25. LIABILITY: The supplier shall hold and save the State of Florida, it’s officers, agents, and employees harmless against claims by third parties resulting from the supplier’s breach of this contract or the supplier’s negligence.

26. FACILITIES: The State reserves the right to inspect the bidder’s facilities at any reasonable time with prior notice.

27. DISTRIBUTION OF CERTIFICATION OF CONTRACT: One (copy) of the Certification of Contract will be furnished to each contractor as a result of this solicitation. It shall be the contractor’s responsibility to reproduce and distribute copies of this certification to all distributors listed in the contract who will accept orders and provide deliveries. No additions, deletions or any changes of any kind shall be made to the certification by the contractor without prior approval of the department.

28. ADDITION/DELETION OF ITEMS: The department reserves the right to add to or delete any item from this bid or resulting contract when deemed to be in the state’s best interest.

29. ORDERING INSTRUCTIONS: Manufacturers are encouraged to bid direct, naming dealers who will accept orders and provide deliveries. If purchase orders are to be issued directly to distributors/dealers, contact information, including federal ID numbers, for the distributor(s) must be provided by the contractor.

30. PUBLIC PRINTING: A bidder must have, at the time of bid opening, a manufacturing plant in operation which is capable of producing the items bid and so certify upon request by the department. Every agency of the State, including agencies within the legislative and judicial branches of government, is required to give preference to bidders located within the State when awarding contracts to have materials printed, whenever such printing can be done at no greater expense than, and at a level of quality comparable to that obtainable from a bidder located outside the State.

a) CONTRACTS NOT TO BE SUBLET: In accordance with Printing Laws and Regulations, printing contracts cannot be sublet. Printing shall be awarded only to printing firms. No contract shall be awarded to any broker, agent, or independent contractor offering to provide printing manufactured by other firms or persons

b) PRINTING ADJUSTMENTS, OVERRUNS-UNDERRUNS: No adjustment shall be accepted on any purchase of printing unless conditions or specifications of bid expressly so provide.

c) COMMUNICATIONS: It is expected that all materials and proofs will be picked up and delivered by the printer or his representative, unless otherwise specified. Upon request, materials will be forwarded by registered mail.

d) RETURN OF MATERIALS: All copy, photos, artwork, and other materials supplied by the purchaser must be handled carefully and returned in good condition upon completion of the job. Such return is a condition of the contract and payment will not be made until return has occurred.

31. PUBLIC RECORDS: Any material submitted in response to this Invitation to Bid will become a public document pursuant to Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, F.S.

ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM PUR1000 (11/04), AND “THE GENERAL INSTRUCTIONS TO RESPONDENTS”, FORM PUR1001 (11/04) AR AVAILABLE ON THE INTERNET AT HTTP://DMS.MYFLORIDA.COM/PURCHASING. ANY TERMS AND CO

AND CONDITIONS SET FORTH WITHIN FORM PUR1000 AND FORM PUR1001.

THIS BIDDER ACKNOWLEDGEMENT/GENERAL CONDITIONS FORM AND THE ACCOMPANYING BID CO

DEPARTMENT, AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT SHALL AFFIX HIS/HER SIG

BY:___________________________________________________________ Co Authorized Agency Signature

Date: __________________________________________________________ Eff

NOTE:

THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. THE “GENERAL CONTRACT CONDITIONS”, FORM E EACH HEREBY INCORPORATED BY REFERENCE. THESE C ONDTIONS, FORMS, AND INSTRUCTIONS ARE NDITIONS SET FORTH WITHIN THESE DOCUMENTS SHALL SUPERCEDE ANY AND ALL CONFLICTING TERMS

NSTITUTE AN OFFER FROM THE BIDDER. IF ANY OR ALL PARTS OF THE BID ARE ACCEPTED BY THE NATURE HERETO. THIS SHALL THEN CONSTITUE THE WRITTEN AGREEMENT BETWEEN THE PARTIES.

ntract Number_____________________________________________________ ective: ___________________________________________________________

ITB# 09-DC-8148

http://dms.myflorida.com/PURCHASING

Model Commodity Term Bid (08/07/09) ITB# 09-DC-8148

TABLE OF CONTENTS

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

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 Quantities

3.10 Price Increase/Decrease

3.11 Contract Modifications

3.12 Security Guidelines

3.13 Criminal Records Check

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

7.4.1 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

COST INFORMATION SHEET

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 DTN FastRacks Averages: The fuel pricing service provided by the Data Transmission Network, an industry benchmark for pricing fuel and other commodities.

1.7 Fuel: Fuel products shall include:

E10 unleaded 87 octane gasoline

Ultra Low Sulfur Diesel Fuel, Grade No. 2-D

Ultra Low Sulfur Diesel Fuel, Red Dye, Grade No. 2-D off road.

1.8 Markup: The Contractor’s markup, over and above the daily DTN FastRacks Averages, includes all costs associated with providing fuel to the Department’s facilities.

1.9 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.

1.10 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.

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

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

1.13 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.

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

1.15 Scheduled Delivery Service: Delivery of fuel by the Contractor to facility’s tank(s) under the time frame as agreed upon by the Contractor and the Department.

1.16 Tank Wagon Delivery: shall mean a delivery by a tank wagon truck with a minimum delivery of 500 gallons up to 4,000 gallons.

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

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

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

The Florida Department of Corrections currently purchases tank wagon fuel, as needed, on an informal 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 tank wagon fuel; Gasoline E10 unleaded 87 octane, ultra low sulfur diesel fuel, grade no. 2-D and ultra low sulfur diesel fuel, red dye, grade no. 2-D as specified by the Department of Corrections for delivery to various institutions and work camps throughout the State of Florida. The Department seeks to improve quality and efficiency of services delivered and to reduce costs.

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 purchase orders. If regional purchasing offices choose to issue “term” purchase orders, the department’s approved order form (DC2-577) shall be used for subsequent orders and shall reflect the original purchase order number.

Purchase Orders shall include at a minimum the following information: Purchase order number, date, agency contract number, type of fuel, instructions for obtaining daily terminal prices, estimated number of gallons, estimated total cost of gas, firm markup per gallon, ship to address, bill to address, and any other information the facility deems necessary for delivery.

The correctional sites and locations that shall be included under the Contract resulting from this ITB are listed on the Cost Information Sheets. A complete list of all major institutions, work camps, forestry camps, and road prisons are in Attachment 2.

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

The Contractor will provide tank wagon gasoline and diesel fuel per the following specifications:

Gasoline:

Gasoline E10, Unleaded 87 Octane:, Conforming to Florida Administrative Code 5F-2.001, Florida Department of Agriculture and Consumer Services.

Diesel Fuel:

Ultra Low Sulfur Diesel Fuel, Grade No. 2-D (.0015 mass % sulfur, 40 centane min.), for use in over the road diesel engines, per A.S.T.M. specification D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001.

Ultra Low Sulfur Diesel Fuel, Red Dye, Grade No. 2-D for use in off-the-road diesel engines, per A.S.T.M. specification D975, Grade # 2 S15 complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. It shall have a minimum cetane number of 40 using ASTM D613.

3.1.1 Requirements

Bidder/Contractor must meet the following requirements:

1. Fuel delivered by tank wagon will be available to all Department of Corrections facilities in the State of Florida. (It is anticipated that the Department will use approximately 1,900,000 gallons annually under the resulting Contract).

2. Fuel costs will be determined based on the daily DTN FastRacks Averages from the closest terminal used to service the Department’s facility. Averages are posted in the DTN FastRacks report distributed each morning. Price is detailed in section 3.1.4 Prices.

3. Vendors pricing shall be based on markups established for each type of fuel for each county based on the minimum delivery requirements as detailed in section 3.3. Facilities, located in each county, will use the same Markups based on their requirements. Markup for fuel shall be based on a price per gallon basis.

4. Fuel costs shall exclude any taxes and/or fees that the State is exempt from paying. All fuel costs will be determined by the DTN FastRacks averages, the contractor’s markup with all applicable taxes and/or petroleum associated fees allowed and listed on the invoice as separate line items.

5. A copy of the daily DTN FastRacks Averages from the associated terminal shall be sent with the invoice.

6. The invoice price shall reflect the actual date of delivery and shall match the DTN FastRacks pricing for that day.

3.1.2 Fuel Sites and Accessibility: All Department tanks shall be properly equipped to enable Contractor to safely deliver fuel. The Contractor shall notify the Department of all situations that may be deemed unsafe. A Contractor may refuse to deliver fuel to an unsafe fuel site until the safety issue is resolved.

A back haul charge may apply if a Contractor attempts to deliver fuel and the fuel site is deemed unsafe. The Department shall be responsible for having proper equipment installed. The Department shall work with Contractor making a delivery to assure that the Contractor has proper accessibility to all tanks being fueled.

3.1.3 Fuel Terminals: Price will be determined using the DTN FastRacks Average price for the closest appropriate terminal, on the date of delivery to the Customer, regardless of when or where the Contractor actually obtained fuel. The following terminals are used to refer to the DTN FastRacks Average prices:

Jacksonville Miami Orlando

Panama City Pensacola Tampa Bainbridge, GA

3.1.4 Prices: Prices shall be submitted on Department invoices as follows:

Fuel Cost shall be determined by the date and county in which delivery of fuel is made. Fuel cost shall include:

o Gasoline and Diesel: Prices will be calculated using the following information:

DTN FastRacks Average daily price as determined by the closest appropriate terminal for fuel.

Contractor’s Markup as determined by the Cost Information Sheet for the county in which delivery of fuel is made.

All applicable fuel taxes and/or petroleum associated fees as determined by the county in which delivery of fuel is made.

All applicable delivery and/or service charges as described in section 3.1.6 Allowable Charges.

The Department and the Contractor agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds the stated prices included in the Contract. The Contractor agrees that the price charged to the Department shall be subject to audit, and the Contractor shall make any and all records supporting the invoiced prices available for inspection, upon written request by the Department.

3.1.5 Markup: The Markup shall be noted on the Cost Information Sheet as follows: The Contractor shall assess no other fees associated with the delivery of fuel except as detailed below.

Discount Markup – A Discount Markup shall be noted as a negative number, using either a minus sign “-.xx” or enclosed within parentheses “(.xx)”, i.e. “-.01” or “(.01)”.

Markup – All other prices will be construed as a positive number for the Markup.

The Markup or Discount Markup may include the Contractor's profit and any other costs the Contractor wishes to include. Prices shall be per gallon for the Markup or Discount Markup.

Freight charges will be included in the Tank Wagon Delivery Markup.

Markup will mean both positive and negative numbers. Markups may differ based on where the fuel is obtained according to the fuel terminals and actual type of fuel ordered.

3.1.6 Allowable Charges: The Contractor may assess the following charges on the invoice:

1. Delivery charge as described in Section 3.3.

2. Back haul charge if the facility orders more than tanks can hold. Charge will vary per incident.

3.1.7 Maintenance: The Customer shall maintain all tanks and dispensing equipment associated with their facility in good working order for the duration of the Contract.

3.1.8 Taxes: Invoice fuel prices are not to include any State of Florida and/or Federal taxes from which the State is exempt.

Any questions regarding applicable fuel taxes may be directed to the Department of Revenue at (850) 922-0712.

3.1.9 DTN FastRacks: This Contract shall use the daily rack averages as established by the DTN FastRacks

Averages. Fuel prices are listed for terminals by regions in reports called PAD Reports. The State of

Florida uses terminals listed in the PAD 1 Report (DTN FastRacks). Fuel terminals are specified in section 3.1.3.

The Contractor and the Department may subscribe to the DTN FastRacks Averages by calling DTN’s Sales Department at 1-800-779-5775, option 2. Ask for the State of Florida Contract subscription.

3.1.10 Fuel Permits: The State and/or Department will be responsible for all facility required permits pertaining to fuel storage and handling in accordance with all local, state and federal laws.

3.2 Delivery

All product(s) shall be shipped FOB: destination. Fuel is to be delivered to the Department’s tank(s) within 48 hours after notification is received from the ordering facility unless specified otherwise. Deliveries must be made between 8:30 am to 4:00 pm ET, Monday thru Friday excluding Saturdays, Sundays, and state holidays, unless otherwise stated herein or on a subsequent purchase order.

For new accounts, the Contractor will be allowed additional time to enter all required account information into their ordering/billing system to establish the new account. This time will be agreed upon by the Department and the Contractor. The Department prefers that vehicles equipped with meters make delivery. If non-metered vehicles are used, the driver shall leave a metered loading report from the terminal with the facility.

Before unloading of fuel begins, Department personnel and Contractor personnel shall measure the facility’s tank(s) to receive fuel and shall again measure the tank(s) after delivery. The facility may be subject to a back haul charge if the facility orders more fuel than the tank(s) can hold upon delivery and a portion of the fuel ordered has to be returned. This charge is listed in section 3.1.6 Allowable Charges.

3.3 Minimum Order

The minimum delivery on this Contract shall be 500 gallons for Tank Wagon Delivery for gasoline and diesel fuel. The 500 gallon minimum applies to the total gallons per order. The facility may order multiple products of fuel to obtain the 500 gallon minimum.

For orders less than 500 gallons, a delivery charge of $35.00 may be added to the invoice as a separate item, in addition to the amount of fuel delivered. This delivery charge shall be waived if the facility is on a scheduled delivery service.

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 Administrator are prohibited, 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. The report shall summarize, at a minimum: total number of units sold during the quarter, total dollar value of units sold during the quarter, total number of units sold by delivery location, total number of units sold and total dollar value sold for the entire contract term. The Department may, at its discretion, develop the exact format the 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 Quantities

It is estimated that 1,900,000 gallons 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.

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.

Availability of Product: If there are fuel restrictions, shortages and/or allocations placed on suppliers of fuel product by the terminals, suppliers and/or the government (local and/or federal) for any reason, then at the Department’s discretion, price may be adjusted as determined by the Department. Contractors will have to provide adequate proof of the situation to have the price adjusted. The time period for these adjustments will be determined by the Department based on the situation. If governmental allocations are declared, then Contractors are to deliver fuel to facilities at the same percentage as allocated.

3.11 Contract Modifications

During the term of the Contract, the Department may require, changes altering, adding to, or deducting from the Contract, 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.

3.12 Security Guidelines

In performing work under the resultant Contract, the Contractor and his employees, agents or subcontractors shall adhere to the following institutional security guidelines:

3.12.1 No firearms shall be brought onto the institution’s grounds. To do so constitutes a felony. (Weapons shall not be left in vehicles).

3.12.2 No alcohol or controlled substances are allowed on Department property. Lunch boxes, tool boxes and other containers will be inspected at the gate.

3.12.3 Formal identification (employee's photo, identification badge or driver's license) shall be carried at all times. Proper identification will be required to be admitted into the institution’s grounds.

3.12.4 The Contractor's employees, agents and subcontractors shall not traffic with inmates. Absolutely no transactions are to occur between construction personnel and inmates. This includes a prohibition against giving or receiving cigarettes, stamps or letters. Any person violating this guideline may be immediately removed from further work under the Contract.

3.12.5 There shall be no communication with inmates, verbal or otherwise, without the authorization of the institution.

3.12.6 Construction vehicles shall only be parked in areas designated by the Institution's Warden or Colonel.

The Contractor shall contact the Warden or Colonel to confirm parking locations.

3.12.7 All vehicles shall be locked and keys may not be left in ignition locks of motor vehicles. Wheel locking devices may be required (the Contractor shall contact the Warden or Colonel for determination).

3.12.8 All keys shall be kept in pockets on the person of anyone performing services under the Contract.

Keys may not be left in the pockets of clothing not being worn.

3.12.9 The Contractor and all employees and agents shall protect tools with strict tool control. Tool boxes shall be locked when not in use. Tools are likely to be stolen if handled in a careless manner.

Hammers, saws, side cutter pliers, bolt cutters, etc., are of particular concern. (For example, the loss of a bolt cutter will result in the locking down of the compound. Everyone will be required to stay until it is found.) Every tool is to be geographically controlled at every hour of the day. At night, tool boxes are to be removed from the compound or taken to a secure area as directed by the institution's security staff.

3.12.10 All lost tools must be reported to the Correctional Officer Chief immediately.

3.12.11 The Contractor shall take notice that use of any powder activated tools must be prior-approved by security personnel prior to bringing the powder activated tools onto the compound. Strict accounting for all powder loads and spent cartridges is required.

3.12.12 The Contractor shall establish materials storage and working areas with the Warden and/or Colonel.

3.12.13 Any shutdown of existing systems (gas, water, electricity, electronics, sewage, etc.) shall be coordinated with the Institutional Specialist and the Institution's Officials. No existing utility system may be shutdown without prior approval. The Contractor shall arrange for alternative service (if required) and expeditious re-establishment of the shutdown system.

3.12.14 All construction materials shall be delivered into the compound on trucks entering through the sally-port.

All vehicles will undergo a thorough, security check. Due to the time involved in checking each vehicle (10-15 minutes), the Contractor is requested to minimize the number of deliveries.

3.12.15 End-of-day construction materials and debris shall be controlled. Construction materials and debris can be used as weapons. To avoid this, the Contractor shall store all material in, and remove debris to, locations agreed to by the security staff.

3.12.16 The Contractor's personnel shall arrange for a Correctional Officer to survey the project area before construction personnel leave. This will aid both the Contractor and Department in assuring that necessary security measures have been met.

3.13 Criminal Records Check

The Contractor’s staff assigned to this project shall be subject, at the Department’s discretion and expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. This records check will be conducted by the Department and may occur or re-occur at any time during the Contract period. The Department has full discretion to require the Contractor to disqualify, prevent, or remove any staff from any work under the Contract resulting from this ITB. The Department is under no obligation to inform the Contractor of the records check findings or the criteria for disqualification or removal. In order to carry out this records check, the Contractor shall provide the following data for any individual of the Contractor or subcontractor’s staff assigned to the Contract: full name, race, sex, date of birth, social security number, driver’s license number and state of issue.

SECTION 4 – PROCUREMENT RULES AND…