CN-700000-T8260.pdf

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THRU: 04/13/2021

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BIDS WILL BE OPENED

March 17, 2011 @ 2:00 P.M.

BID NO.

10-DC-8260

Page 1 of 31 Pages

AGENCY RELEASE DATE:

February 21, 2011

BID TITLE

STEAM KETTLES

FEDERAL TAX ID NUMBER:

59-3028621

DELIVERY DATE WILL BE 44 DAYS after receipt of Purchase Order

VENDOR NAME:

Designs, Furnishings & Equipment, Inc. REASON FOR NO BID:

DEPAR

INV

Bidde

AGENCY TERM CONTRACT

372-320

VENDOR MAILING ADDRESS:

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.

PO Box 2296

CITY – STATE – ZIP

Daytona Beach, FL 32115

TOLL FREE: ( )

PHONE:

( 386 ) 252-4728 odel Commodity Term Bid

SEALED BIDS: All price sealed envelope.

1. EXECUTION OF BID:

representative in the space pro erasable ink or pencil is not perm initialed.

2. NO BID: If not submitting form, marking it "NO BID" and ex

3. BID OPENING: Seale time. Copies of bid tabulations altered after opening of the bids appointment only and pursuant t

4. TAXES: The State of Flori purchases of tangible personal upon request. This exemption made by contractors who use the for the improvement of state own

5. CASH DISCOUNTS:

in determining the lowest net cos

6. MISTAKES: Bidders ar bid prices, and all instructions p bidder’s risk. In case of mistake will be corrected and initialed by are posted. All corrections mad with white out, must be initialed.

7. CONDITION AND PA

offered or shipped as a result o available at the time of the bid, storage or shipment, and all pric

8. SAFETY STANDARD

items and fabricated assemblies Occupational Safety and Health

FAX: ( 386 ) 253-8059

Original Signature on File

AUTHORIZED SIGNATURE (manual)

Michael J. McKernan, Vice President

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:

DEPARTMENT OF CORRECTIONS

BUREAU OF PROCUREMENT & SUPPLY

2601 BLAIR STONE ROAD

TALLAHASSEE, FLORIDA 32399-2500

Telephone Number: (850) 410-4056

(01/19/2011) ITB#

GENERAL

sheets and this form must be executed and submitted in a

Bid must contain a manual signature of vendor’s authorized vided above. Bid must be typed or printed in ink. Use of itted. All corrections made by bidder to his bid price must be a bid, respond by returning only this bidder acknowledgment plain the reason in the space provided above.

d bids must be received prior to the bid opening date and will not be provided at the bid opening. A bid may not be

. Bid files may be examined during normal working hours by o Chapter 119.071, F.S.

da does not pay Federal Excise and Sales taxes on direct property. Tax exemption number/certificate will be provided does not apply to purchases of tangible personal property tangible personal property in the performance of contracts ed real property as defined in Chapter 192, F.S.

Cash discounts for prompt payment shall not be considered t for bid evaluation purposes.

e expected to examine the specifications, delivery schedule, ertaining to supplies and services. Failure to do so will be at

(s) in extension(s), the unit price will govern and extensions the department’s procurement official before final tabulations e by bidder to his unit bid price(s), including corrections made

CKAGING: It is understood and agreed that any item f this bid shall be new, and the most current standard model unless otherwise stated. All containers shall be suitable for es shall include standard commercial packaging.

S: Unless otherwise stipulated in the bid, all manufactured shall comply with applicable requirements of Act and any standards thereunder.

CONDITIONS

9. INVOICING AND PAYME

accordance with Section 215.422, F.S responsibilities concerning interest p providing goods and services to an a receipt, an agency has five (5) working the bid specifications, purchase order deliver a request for payment (vouche measured from the latter of the date t inspected and approved. If a payment by the Comptroller pursuant to Section amount, to the vendor. To obtain th accounting office. The interest penalty providers, as defined by rule. Interest p the vendor requests payment. Invoice preparation errors will result in a dela start until a properly completed invoice viewed on-line @ https://flair.dbf.state.

established within the Department of F as an advocate for vendors who may b State agency. The Vendor Ombudsma review the conditions and circumstanc dispute, may, in writing, authorize the c agency until such time as the agency c

10. DELIVERY: Unless actual da show number of days required to mak above. Delivery time may become a b shall be Monday through Friday, 8:00 Time, excluding State of Florida holiday

11. ADDITION OR DELETIO

deletion of the terms or conditions inc and any and all such revisions shall submitted either purposely through transmittal letters, specifications, litera general and special conditions in this b the bidders authorized signature affixed

STATE OF FLORIDA

TMENT OF CORRECTIONS

ITATION TO BID

r Acknowledgement for an 10-D

NT:

., whic enalties gency days or co

r) to th he invo is not a 55.03 e appl provis enaltie s whic y in th is pro fl.us/ca inanci e expe n may es sur ontrac omplie te is sp e deliv asis fo a.m. t s, unle

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luded w have n intent ture, pr id solic to the

COMMODITY CODE:

C-8260

INTEREST PENALTIES: Payment shall be made in h states the contractors rights and the State agencies and time limits for payment of invoices. Vendors should be aware of the following time frames: Upon to inspect and approve the goods and services, unless ntract specifies otherwise. An agency has 20 days to e Department of Financial Services. The 20 days are ice is received or the goods or services are received, vailable within 40 days, a separate interest penalty set F.S., will be due and payable, in addition to the invoice icable interest rate, contact the agency finance and ion applies after a 35 day time period to health care s of less than one (1) dollar will not be enforced unless h have to be returned to a vendor because of vendor e payment. The invoice payment requirements do not vided to the agency. Vendor payment history may be spub/vnpayhst.htm. A Vendor Ombudsman has been al Services. The duties of this individual include acting riencing problems in obtaining timely payment(s) from a be contacted at (850) 413-5516. The Department will rounding non-payment, and unless there is a bonafide t supplier to reject and return purchase orders from said s with the provisions of Section 215.422, F.S.

ecified (or if specified delivery cannot be met), ery after receipt of purchase order in space provided r making an award (see Special Conditions). Delivery o 11:30a.m. and l:00 p.m. to 4 p.m. Eastern Standard ss otherwise specified.

TERMS OR CONDITIONS: No addition or ith the bid response shall be evaluated or considered o force and effect and are inapplicable to this bid. If or design or inadvertently appearing separately in ice lists or warranties, it is understood and agreed the itation are the only conditions applicable to this bid and bidder acknowledgment form attests to this.

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

Model Commodity Term Bid (01/19/2011) ITB# 10-DC-8260

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 Contract 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

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

4.3.16 Utilization of E-Verify

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

7.25 Convicted Felons Certification

ATTACHMENT 1 –CONTACT FOR CONTRACT ADMINISTRATION

ATTACHMENT 2 – SPECIFICATIONS

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 Balance Of Line: Balance of line refers to additional items that may be needed by the department.

Awards are not based on pricing submitted for balance of line items, but bidders must submit pricing for all balance of line items in order for their bid to be considered responsive. When balance of line items are listed in a solicitation, the department will clearly indicate what items will be considered in the basis for award.

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 2 – INTRODUCTION

2.1 Background and Statement of Purpose

The purpose of this Invitation to Bid is to secure competitive bids from qualified vendors to furnish steam kettles for delivery to various institutions throughout the state. The Department is issuing this solicitation to establish a new agency term contract. The successful bidder shall furnish the product(s) specified.

Installation is not required.

2.2 Contract

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

Purchases from the resulting Contract shall be accomplished through issuance of a purchase order(s). 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.

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

See Attachment 2 (pages 24 thru 30) for specifications for the product(s) contained in this solicitation.

3.2 Delivery

Product(s) shall be shipped FOB: destination within forty-five (45) days after receipt of an order. Deliveries must be made between 8:30 am to 4:00 pm ET, Monday thru Friday excluding Saturdays, Sundays, and state holidays, unless otherwise stated herein or on a subsequent purchase order.

3.3 Minimum Order

There will be no minimum order requirements.

3.4 Quantity Discounts

The 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 Contract Substitutions

The Contractor will be required to provide only the product(s) awarded. Substituted products delivered or provided to the Department without prior approval by the Contract Administrator are prohibited, will be returned to the 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 alternate items that meet or exceed the quality level of item(s) listed, unless “No Substitutes(s)” or other similar language is indicated on the Cost Information Sheet. If a vendor is submitting a bid for an alternate item, technical documentation/brochures must be provided to the Department for evaluation purposes. An alternate product sample may be required by the Department for review prior to acceptance.

3.8 Contract Sales Report

The 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 one hundred sixty-eighty thousand dollars ($168,000.00) will be expended annually under the resulting contract from this ITB. However, 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 six (6) months of the contract.

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.

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Bid Manager

Questions related to this procurement should be addressed to:

Jessie C. Moseley, Purchasing Analyst Department of Corrections Bureau of Procurement & Supply 2601 Blair Stone Road, C413 Tallahassee, FL 32399-2500 850-410-4056 (telephone number) 850-488-7189 (facsimile number) E-mail address: moseley.jessie@mail.dc.state.fl.us

From the date this ITB is issued until a notice of intended award, rejection of all bids or other notice is made, no contact related to the ITB will be allowed between a bidder and any Department staff, with the exception of the Procurement Manager or her designee. Bidders shall not contact any other employee of the Department or the State for information with respect to this solicitation. Any unauthorized contact may disqualify the bidder from further consideration.

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

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

Any person requiring special accommodations in responding to this solicitation because of a disability should call the Bureau of Procurement and Supply at 850-488-6671 at least five (5) days prior to any pre-solicitation conference, solicitation opening or meeting. If you are hearing or speech impaired, please contact the Bureau of Procurement and Supply by using the Florida Relay Service, which can be reached at

1-800-955-8771 (TDD).

Questions will only be accepted if submitted in writing and received on or before the date and time specified in the 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 (Section 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 02/21/2011 Release of ITB

4.2.2 03/07/2011 Last day for written inquiries

4.2.3 03/10/2011 Anticipated date that written responses to written inquiries will be posted on the Vendor Bid System (VBS).

4.2.4 03/17/2011 2:00 P.M. Bid opening

4.2.5 03/22/2011 Anticipated date of posting of recommended award

4.2.6 03/29/2011 Anticipated date of Contract

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.

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

http://dms.myflorida.com/mfmp

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.

Before award, the Department reserves the right to seek clarifications or request any information deemed necessary for proper review of submissions from any bidder deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response.

4.3.3 Bid Opening

Bids will be publicly opened at the time and date specified in the “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 5.3.1, in order that all bidders shall be given the opportunity of proposing to the same specifications.

4.3.8.2 Any inquiries from bidders concerning this ITB shall be submitted in writing, identifying the submitter, to the individual identified in Section 4.1 of this ITB and must be received no later than the date and time specified in Section 4.2 of the 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.

4.3.16 Utilization of E-Verify

As required by State of Florida Executive Order Number 11-02, the successful bidder is required to utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all persons employed during the contract term by the contractor to perform employment duties within Florida and all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the Department. Refer to (http://www.uscis.gov/e-verify) for more information.

http://osd.dms.state.fl.us/

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 #10-DC-8260.”

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 (all) pricing pages, entitled Cost Information Sheet, which consists of page 31. 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 http://www.myflorida.com/ 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:

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

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

6.1.1.3 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 in accordance with the General Conditions of the ITB Bidder Acknowledgement Form (page 2), paragraph 15, entitled “Awards”. In the event the low cost bidder is found non-responsive, the Department may proceed to the next lowest cost responsive bidder and continue the award process.

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

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.

http://www.myflorida.com/

6.4 Identical Tie Bids

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

SECTION 7 – CONTRACT TERMS AND CONDITIONS

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

7.1 Contract

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

Upon certification, and based upon appropriation, the Department shall enter into a five (5) year contract. Said Contract is renewable, at the Department's sole discretion, for one five (5) year term. Such renewals are contingent upon satisfactory performance evaluations, as determined by the Department, and subject to the availability of funds.

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

7.2 Termination

7.2.1 Termination at Will

The Contract in whole or in part may be terminated by the Department upon no less than thirty (30) calendar days’ notice and by the Contractor upon no less than ninety (90) days notice, without cause, unless a lesser time is mutually agreed upon by both parties. If the Contract is executed via Purchase Order, notice of termination will be delivered electronically by change order to the Purchase Order through the state’s e-procurement system, MyFloridaMarketplace. If the Master Contract was executed by certifying the ITB/RFP as the Contract, the notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. Notices to the Department shall be sent to the individual listed in Section 4.1. Notices to the Vendor shall be sent to the individual listed in Attachment 1 – Contact (or Contract Administration).

7.2.2 Termination Because of Lack of Funds

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

7.2.3 Termination for Cause

If any breach of the terms and conditions of the Department’s Purchase Order or any of its incorporated documents occurs by the Vendor, the Department may, by written notice to the Contractor, cancel the Contract upon twenty-four (24) hours’ notice. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code. The provisions herein do not limit the Department’s right to remedies at law or to damages.

7.2.4 Termination for Unauthorized Employment

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

7.3 Payments and Invoices

7.3.1 Transaction Fee

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

It is the intent of the system to automatically deduct the Transaction Fee from payments to the Contractor. However, this feature is not currently available and Contractors are expected to self-report until a method of automatic deduction is implemented. By submission of these self-reports and corresponding Contractor deposits, the Contractor is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State.

The Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of the applicable purchase order or Contract.

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

CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE

EXCLUDED FROM BIDDING ON DEPARTMENT CONTRACTS.

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

7.3.3 Purchasing Card Program

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

7.4 Contract Management

7.4.1 Department’s Contract Administrator

The Contract Administrator for this purchase will be:

Patti Casey, Assistant Bureau Chief

Bureau of Procurement and Supply Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 850/414-8734 (telephone) 850/488-7189 (facsimile number) casey.patti@mail.dc.state.fl.us

The Contract Administrator will perform the following functions:

7.4.1.1 maintain the Purchase Order or P-Card file;

7.4.1.2 process all change orders and purchase order cancellations; and maintain the official records of all correspondence between the Department and the Vendor.

7.5 Contract Management Changes

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

7.6 Vendor’s Expenses

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

7.7 Governing Law and Venue

This Contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the laws, rules and regulations of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida.

7.8 Records

7.8.1 Public Records

Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption.

mailto:casey.patti@mail.dc.state.fl.us

7.8.2 Disclosure of Bid Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the Respondent or its agents.