DCF ITB 2122 094 Bread for SMHTF.pdf

DCF ITB Template: 1 of 33 (PMT-04-2021) Effective 6/24/2021

STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES

State Mental Health Treatment Facilities

INVITATION TO BID

DCF ITB 2122 094

BREAD FOR STATE MENTAL HEALTH TREATMENT FACILITIES

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 Introduction to the Procurement

1.2 Term of the Agreement

1.3 Contact Person and Procurement Officer

1.4 Official Notices

1.5 Protests

SECTION 2. SOLICITATION PROCESS

2.1 General Overview of the Process

2.2 Limitations on Contacting Department Personnel and Others

2.3 Timeline

2.4 Woman--, Veteran--, and Minority-owned Small Businesses Participation

2.5 Receipt of Bids

2.6 Form PUR 1001

2.7 Department’s Discretion

SECTION 3. SPECIFICATIONS

3.1 Definitions

3.2 Minimum Programmatic Specifications

3.3 Minimum Financial Specifications

3.4 Composition of the Contract

3.5 Order of Precedence

SECTION 4. INSTRUCTIONS FOR RESPONDING TO THE ITB

4.1 How to Submit a Bid

4.2 Content of the Bid

4.3 Public Records and Trade Secrets

SECTION 5. THE SELECTION METHODOLOGY

APPENDIX I: CERTIFICATE OF SIGNATURE AUTHORITY

APPENDIX II: VENDOR’S CERTIFICATIONS

APPENDIX III SCOPE OF WORK

APPENDIX IV: BID PRICE

APPENDIX V: PURCHASE ORDER TERMS AND CONDITIONS

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SECTION 1. INTRODUCTION

1.1 Introduction to the Procurement

The Florida Department of Children and Families (Department), State Mental Health Treatment Facilities is soliciting bids from qualified Vendors for the purchase and delivery of bread to Florida State Hospital (FSH), Northeast Florida State Hospital (NEFSH), and North Florida Evaluation and Treatment Center (NFETC), herein after referred to as the Hospitals. Any Vendor interested in participating must comply with the terms of this solicitation.

1.2 Term of the Agreement

The anticipated start date of the resulting contract is September 1, 2022, through August 31, 2023, with the option to renew for up to two additional one-year terms. The term of the resulting contract is subject to change based on the actual execution date of the resulting contract. Renewal, if any, shall comply with s. 287.057(13), F.S.

1.3 Contact Person and Procurement Officer

The sole contact point for communication (which will only be accepted in writing) regarding this solicitation is:

Elesha Brown Procurement Officer

The only permitted means of contact is via email:

Elesha.Brown@myflfamilies.com and copy HQW.Procurement.Team.Activities@myflfamilies.com

1.4 Official Notices

All notices, decisions, intended decisions, and other matters relating to this solicitation will be posted on the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) located at:

https://vendor.myfloridamarketplace.com.

It is the responsibility of prospective Vendors to check the VIP for addenda, notices of decisions and other information or clarifications to this solicitation. The Department bears no responsibility for any resulting impacts associated with a prospective Vendor’s failure to obtain the information made available through the VIP. Posting on the VIP is the only official notice for determinations of timeliness of protests (see Section 1.5, Protests).

1.5 Protests

Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Rule Chapter 28-110, Florida Administrative Code (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 for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

Notices of Protest must be filed with the Clerk of Agency Proceedings (Agency.Clerk@myflfamilies.com).

mailto:Elesha.Brown@myflfamilies.com mailto:HQW.Procurement.Team.Activities@myflfamilies.com https://vendor.myfloridamarketplace.com/ mailto:Agency.Clerk@myflfamilies.com

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SECTION 2. SOLICITATION PROCESS

2.1 General Overview of the Process

Bids from responsible and responsive Vendors are eligible for evaluation. By submitting a bid, the Vendor agrees to each of the certifications listed in this solicitation unless otherwise indicated.

The Department may request Vendor presentations.

2.2 Limitations on Contacting Department Personnel and Others Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state approved 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 bid.

2.3 Timeline

Activity Date Time Eastern

Address Section Reference

Solicitation advertised and released on VIP:

7/21/2022 N/A MFMP VIP located at:

https://vendor.myfloridamarketplace.com

1.4

Electronic bid must be received by the Department

8/11/2022 2:00

PM

See Section 1.3

Public Bid opening:

8/12/2022 3:00

PM

Please join the meeting from your computer, tablet, or smartphone.

https://meet.goto.com/SolicitationAdminist ration

You can also dial in using your phone.

United States (Toll Free): 1 866 899 4679 United States: +1 (571) 317-3116

Access Code: 687-621-357

Posting of intended contract award:

8/22/2022 N/A MFMP VIP located at:

https://vendor.myfloridamarketplace.com

2.5.1

Effective date of contract:

9/1/2022 N/A N/A 1.2

2.4 Woman--, Veteran--, and Minority-owned Small Businesses Participation Woman--, Veteran--, and Minority-owned Small Businesses are encouraged to participate in any scheduled conferences, conference calls, or pre-bid meetings. All vendors shall be accorded fair and equal treatment. For questions about registering to identify your Small Business as a Woman--, Veteran--, or Minority-owned Small Businesses visit:

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd https://vendor.myfloridamarketplace.com/ https://meet.goto.com/SolicitationAdministration https://meet.goto.com/SolicitationAdministration tel:+18668994679,,687621357 tel:+15713173116,,687621357 https://vendor.myfloridamarketplace.com/ https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

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2.5 Receipt of Bids

2.5.1 Bid Deadline

Bids must be received by the Procurement Officer no later than the date and time and at the email address provided in Section 1.3. Vendors are exclusively responsible for timely delivery of electronic bids to the Procurement Officer.

2.5.2 Bid Withdrawal and Amendment

Vendors may withdraw, or withdraw and replace, previously submitted bids on or before the date and time specified for electronic bids to be received by the Department.

2.5.3 Binding Bid

Vendors are bound by their bids until the latter of sixty (60) calendar days after the bid opening or the closing of all opportunities for protest or appeal.

2.5.4 Cost of Preparation of Bid

The Department will not pay any costs incurred in responding to this solicitation.

2.6 Form PUR 1001

The standard “General Instructions to Respondents” Form PUR 1001 (10/06) is hereby incorporated into this solicitation by reference as if fully recited herein. In the event of any conflict between Form PUR 1001 and this solicitation, the terms of this solicitation shall take precedence over Form PUR 1001, unless the conflicting term is required by Florida law, in which case the term contained in Form PUR 1001 shall take precedence. Form PUR 1001 is available at:

http://www.dms.myflorida.com/media/purchasing/pur_forms/1001_pdf.

2.7 Department’s Discretion

2.7.1 The Department may:

2.7.1.1 Determine whether a Vendor is responsible, as defined in section 287.012, Florida Statutes;

2.7.1.2 Waive minor irregularities when doing so would be in the best interest of the State of Florida;

2.7.1.3 Withdraw the solicitation or reject all bids at any time;

2.7.1.4 Select more than one Vendor for the commodities and contractual services encompassed by this solicitation;

2.7.1.5 Withdraw or amend its Notice of Award;

2.7.1.6 Award contract(s) for a reduced scope of the commodities and contractual services encompassed by this solicitation.

SECTION 3. SPECIFICATIONS

3.1 Definitions

3.1.1 The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined:

3.1.1.1 “Buyer” means the entity that has released the solicitation.

http://www.dms.myflorida.com/media/purchasing/pur_forms/1001_pdf

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3.1.1.2 “Procurement Officer” means the Buyer’s contracting personnel, as identified in the Introductory Materials.

3.1.1.3 “Respondent” means the entity that submits materials to the Buyer in accordance with these Instructions.

3.1.1.4 “Response” means the material submitted by the respondent in answering the solicitation.

3.1.1.5 “Timeline” means the list of critical dates and actions included in the Introductory Materials.

3.2 Minimum Programmatic Specifications

The selected vendor(s) shall perform the tasks outlined in the Department’s Scope of Work (APPENDIX III and agree to the APPENDIX V: Purchase Order Terms & Conditions, in accordance with all terms therein.

3.3 Minimum Financial Specifications

The selected vendor(s) shall be compensated in the manner set forth in APPENDIX V: Purchase Order Terms and Conditions, and herein in accordance with all terms.

3.3.1 Funding Sources

The specific funding source is State of Florida General revenue and is contingent upon annual Legislative appropriations. The funding allowed for these expenditures has been allocated from the Fiscal Year (FY) 22/23 Food Category Operating Budget.

3.3.2 Allowable Costs

Allowable costs are outlined only as detailed in APPENDIX III, Scope of Work and APPENDIX IV, Bid Price.

3.3.3 No Funding for Start-up or Readiness Activities

The Department does not fund start-up or readiness activities.

3.3.4 No Cost-of-Living Increases

The Department does not fund Cost-of-Living increases.

3.4 Composition of the Contract

The contract awarded as a result of this solicitation will be composed of:

3.4.1 Department’s Purchase Order Terms and Conditions

The Department’s Purchase Order Terms and Conditions contains general contract terms and conditions required by the Department for all Vendors.

3.4.2 Form PUR 1000

Form PUR 1000 is incorporated by reference into the Department’s Standard Contract. In the event of any conflict between Form PUR 1000 and this solicitation, the terms of this solicitation shall take precedence over Form PUR 1000, unless the conflicting term is required by Florida law, in which case the term contained in Form PUR 1000 shall take precedence. Form PUR 1000 is available at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/stat e_purchasing_pur_forms

3.4.3 Other Attachments or Exhibits

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

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All other attachments and exhibits to the contract referenced in this solicitation shall also be part of the resulting contract, if any; and

3.4.4 Vendor Bid

The vendor’s bid and any additional submittals, if incorporated into or attached to the contract.

3.5 Order of Precedence

In the event of conflict within any two or more documents within the contract documents listed in 3.4, the earlier listed document shall control (e.g. 3.4.2. will control over 3.4.3).

SECTION 4. INSTRUCTIONS FOR RESPONDING TO THE ITB

4.1 How to Submit a Bid

4.1.1 Format for Submittal

Due to health implications and sensitivity to COVID-19, the Department requires that all bids be sent by electronic means (email). The electronic submission must comply with the following requirements:

The Vendor may submit an electronic version of the bid in response to this ITB (including all required documents) in PDF format as an attachment to an email sent to the Procurement Officer’s email address provided in Section 1.3. The software used to produce the electronic file must be Adobe portable document format (“pdf”), version 6.0 or higher. The Department must be able to be open and view the reply utilizing Adobe Acrobat. In the event that the electronic file attachment is too large to be submitted in a single email, the vendor may utilize multiple emails so long as all required documents are delivered to the Procurement Officer by or before the date and time specified in Section 2.3 of the ITB. The Department can allow up to 100 MB for incoming attachments. The vendor email system must also allow for a 100 MB attachment. Zipping attachments will reduce file sizes.

The respondent shall submit a redacted copy of the response suitable for release to the public in one

(1) PDF document. The PDF document must be searchable, allow printing, and must not be password protected. The redacted copy must be identical to the original copy and clearly labeled as “REDACTED.” Any confidential or trade secret information covered under section 812.081, F.S., should be redacted as described in Section 4.3, Public Records and Trade Secrets.

4.1.2 Responses

Responses must be submitted and must be clearly marked with the title of the response, the solicitation reference number, the Vendor's name, and identification of enclosed documents. The original response, along with the redacted copy, must be clearly marked as such

4.1.3 Bid Format

Bids must be typed, single-spaced, on 8 1/2” x 11” format. Pages must be numbered in a logical, consistent fashion. Figures, charts, and tables should be numbered and referenced by number in the text. The bid must be submitted in accordance with Section 4.2, Contents of the Bid.

4.2 Content of the Bid

4.2.1 Title Page

The first page of the bid shall be a Title Page that contains the following information:

4.2.1.1 Title of bid.

4.2.1.2 Solicitation number.

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4.2.1.3 Prospective vendor’s name and federal tax identification number.

4.2.1.4 Name, title, telephone number and address of person who can respond to inquiries regarding the bid; and

4.2.2 TAB 1: TABLE OF CONTENTS

4.2.3 TAB 2: CERTIFICATIONS

Certifications for this solicitation:

4.2.3.1 Signature Authority

Include a signed certificate (APPENDIX I), completing either Section A (or providing a corporate resolution or other duly executed certification issued in the vendor’s normal course of business) or Section B, demonstrating the person signing the bid and its statements and certifications is authorized to make such representations and to bind the vendor.

4.2.3.2 Vendor Certifications

Include the Vendor Certifications Form (APPENDIX II) signed by the person named in the Certificate of Signature Authority as the Authorized Representative of the vendor and with “true” checked next to each of the Certifications (a) through (f).

4.2.4 TAB 3: Vendor Information

The Vendor must provide:

4.2.4.1 Full legal name and its associated Federal Employer Identification Number

(FEIN), or Social Security Number if a FEIN is not required

4.2.4.2 Proof of registration with MFMP

4.2.4.3 Country and state of incorporation

4.2.4.4 Principal place of business

4.2.4.5 Description of the vendor’s organization, including number of years in business, and details concerning the number of facilities by geographic location

4.2.5 TAB 4: BID PRICE

The Vendor must complete APPENDIX IV (Bid Price). Vendors Bid Price must include the per unit cost for the bread products listed, including delivery. The Vendor shall not provide a pricing range.

The Department will not agree to caveats in the proposed prices. Vendors will need to quote pricing for all three Hospitals in order to be considered responsive.

4.3 Public Records and Trade Secrets

4.3.1 How to Claim Trade Secret Protection

If the vendor considers any portion of the documents, data or records submitted in its bid to be trade secret, as defined in Section 812.081(1)(c), F.S., and exempt from public inspection or disclosure pursuant to Florida’s Public Records Law, the vendor must submit all such information in a separately bound document (or in the case of electronic media, in a manner compliant with Section 4.1.4, , with the words "Trade Secret" included in the file name) clearly labeled "Attachment to Bid, ITB No. – Trade Secret Material". Appropriate cross-references should be included in nonexempt

DCF ITB Template: 9 of 33 materials. The first page of the electronic file and hardcopy documents must explain why the information in the document is a trade secret. This submission must be made no later than the bid submittal deadline. Where such information is part of material already required to be submitted as a separately bound or enclosed portion of the bid, it shall be further segregated and separately bound or enclosed and clearly labeled as set forth above in addition to any other labeling required of the material. If the vendor considers any portion of a submission made after its bid to be trade secret the vendor must clearly label the submission as containing trade secret information (or in the case of electronic media, include "Trade Secret" in the relevant file names).

4.3.2 Vendor’s Duty to Respond to Public Records Requests

In response to any notice by the Department that a public records request received by the Department encompasses any portion of the separately bound part of the vendor’s bid or other submissions labeled as “trade secret,” the vendor shall expeditiously provide the Department, or the public pursuant to subsection 119.0701(2), Florida Statutes, with a redacted version of the document(s) and identify in writing the specific statutes and facts that authorize exemption of the information from the Public Records Law. If different exemptions are claimed to be applicable to different portions of the redacted information, the vendor shall provide information correlating the nature of the claims to the redacted information. The redacted copy must only exclude or obliterate only those exact portions that are claimed confidential or trade secret. If the vendor fails to promptly submit a redacted copy and justification in response to the notice of a public records request, the Department is authorized to produce the records sought without any redaction.

4.3.3 Department not Obligated to Defend Vendor Claims

The Department is not obligated to agree with or defend any vendor claim of exemption from inspection and copying under Florida’s Public Records Law. The vendor is responsible for defending such claims. Further, the vendor shall protect, defend, and indemnify, including attorney’s fees and costs, the Department for actions (including litigation initiated by the Department) arising from or relating to such claims.

SECTION 5. THE SELECTION METHODOLOGY

The Department intends to award the contract to the responsible and responsive vendor(s) whose bid is determined to be the lowest responsive bid(s). The Department may also make a determination as to whether to deem one or more vendor(s) ineligible for award due to non-responsibility or non-responsiveness. The Procurement Manager will develop a ranking based on the pricing of bids. After developing the ranking, the Procurement Manager will provide to the Secretary, or designee, a report on bids deemed nonresponsive and, as to those deemed responsive, the ranking, along with a recommendation for final action. The Department will electronically post the intent to award in accordance with subsection 120.57(3)(a), Florida Statutes, and Rule 60A-1.021, Florida Administrative Code.

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APPENDIX I: CERTIFICATE OF SIGNATURE AUTHORITY

Check below and complete Section A or Section B

Vendor is not a sole proprietorship (Complete Section A) Vendor is a sole proprietorship (Complete Section B)

Section A

I, _______________________________ _______ (name), hold the office or position of ____________________________________ (title) with__________________ (legal name of vendor) and have authority to make official representations by said vendor regarding its official records and hereby state that my examination of the vendor’s records show that __________________________ (name) currently holds the office or position of ______________________________ (title) with the vendor and currently has authority to make binding representations to the Department and sign all documents submitted on behalf of the above-named vendor in response to ITB # ____________, and, in so doing, to bind the named vendor to the statements made therein.

Dated:

Signature:

Printed Name:

Title:

NOTE: In lieu of the above, the vendor may submit a corporate resolution or other duly executed certification issued in the vendor’s normal course of business to prove signature authority of the named Authorized Representative.

Section B

I, ____________________________(name) am a sole proprietor, personally doing business in the name of ________________________________________ (name of vendor), and will be personally bound by the bid submitted in response to ITB # ________.

Dated:

Signature:

Printed Name:

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APPENDIX II: VENDOR’S CERTIFICATIONS

CERTIFICATIONS

MASTER CERTIFICATION

As the person named in the Certificate of Signature Authority as the Authorized Representative of the vendor, ________________________________________ (legal name of vendor), I confirm that I have fully informed myself of all terms and conditions of ITB #__________ (the ITB), the facts regarding the bid submitted by the vendor in response to the ITB and the truth of each statement contained in Certifications (a) through (f) and certify, by checking the applicable “true” or “false” box below and affixing my signature hereto, that each statement in each checked certification is “true” or “false” as indicated.

Check the applicable box next to the title to each certification:

True False

a. Certification of Binding Bid and Acceptance of Terms of ITB and Contract

Document

b. Statement of No Prohibited Involvement

c. Statement Non-Collusion

d. Certification Regarding Subcontractors

e. Certification Regarding Prior Contractual Obligations

f. Certification of Representations Per sections 287.133, and 287.134, F.S.

The content of each certification named above, set forth below, is incorporated into this Master Certification as if fully recited herein and, for each certification marked “true” above, the below signature is deemed to be affixed to each such certification. I agree that any certification not marked above will be deemed “false.”

Signature of Authorized Representative:

Date:

a. Certification of Binding Bid and Acceptance of Terms of ITB and Contract Document By checking the “True” box in the Master Certification and signing the same, I hereby certify that the vendor’s bid submitted in response to the Department of Children and Families Invitation to Bid (the ITB) is binding on the vendor in accordance with the terms of the ITB. If awarded any contract as a result of the ITB, the vendor will comply with the specifications, terms, and conditions stated in the ITB and the contract document.

b. Statement of No Prohibited Involvement By checking the “True” box in the Master Certification and signing the same, I hereby certify that no member of this firm or any person having interest in this firm has: Been awarded a contract as described in subsections 287.057(17)(c), Florida Statutes, to perform a feasibility study of the potential implementation of a subsequent contract to support this project, participated in drafting of a solicitation for this specific project, or developed a program for future implementation of this project.

c. Statement of Non-Collusion By checking the “True” box in the Master Certification and signing the same, I hereby certify that all persons, companies, or parties interested in the ITB as principals are named therein, that the vendor’s bid is made without collusion with any other vendor.

d. Certification Regarding Subcontractors By checking the “True” box in the Master Certification and signing the same, I hereby certify the vendor’s agreement that by submitting a bid to this ITB, the vendor waives any exclusivity provision in its subcontractor agreements.

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e. Certification Regarding Prior Contractual Obligations By checking the “True” box in the Master Certification and signing the same, I hereby certify the vendor has not:

(1) Failed to correct any unsatisfactory performance in a previous contract to the satisfaction of any Agency or eligible user;

(2) Had a contract terminated by any Agency or eligible user for cause; or

(3) Failed to sign a contract awarded by any Agency.

f. Certification of Representations Per Sections 287.042, 287.133 and 287.134, Florida Statutes By checking the “True” box in the Master Certification and signing the same, I hereby certify the vendor is not listed on the Suspended Vendors List maintained pursuant to Rule 60A-1.006, F.A.C., Convicted Vendors List created and maintained pursuant to section 287.133, F.S., or on the Discriminatory Vendors List created and maintained pursuant to section 287.134, F.S, and for Federal funds, not be listed on the governmentwide exclusions in the System for Award Management (SAM).

TIE BREAKING CERTIFICATIONS

Statutory Preferences When Awarding Contracts Various provisions of Chapters 287 and 295, F.S., provide qualifying vendors the advantage of "tie breakers" whenever two or more bids, proposals, or replies received by an agency are equal with respect to price, quality, and service. In order to take advantage of the below "tie breakers," a vendor who meets the statutory qualifications for one or more of these "tie breakers" must certify that it qualifies for the cited preference.

Completion of the certification is optional for qualifying vendors; however, a vendor waives all rights to consideration of a "tie breaker" if it fails to submit the certification on or before the deadline to submit its bid, proposal or reply.

MASTER CERTIFICATION – TIE-BREAKING CERTIFICATIONS

As the Authorized Representative of the vendor, ________________________________________ (legal name of vendor), I confirm that I have fully informed myself of all terms and conditions of ITB # ____________(the ITB), the facts regarding the bid submitted by the vendor in response to the ITB and the truth of each statement contained in Certifications (g) through (k) and certify, by checking one or more of the boxes below and affixing my signature hereto, that each statement in each checked certification is true.

Check the box next to the title to each certification that is true:

g. Certification of a Certified Minority Business Enterprise

h. Certification of a Certified Veteran Business Enterprise

i. Certification of a Florida Business

j. Certification of a Foreign Manufacturer with a Factory in Florida

k. Certification of a Drug Free Workplace The content of each certification named above, set forth below, is incorporated into this Master Certification as if fully recited herein and, for each certification marked “true,” above, the below signature is deemed to be affixed to each such certification. I agree that any certification not marked above will be deemed “false.”

Signature of Authorized Representative:

Date:

g. Certification of a Certified Minority Business Enterprise By checking the “True” box in the Master Certification – Tie-Breaking Certifications and signing the same, I hereby certify that my organization is a Certified Minority Business Enterprise in accordance with section 287.0943, Florida Statutes.

h. Certification of a Florida Certified Veteran Business Enterprise By checking the “True” box in the Master Certification – Tie-Breaking Certifications and signing the same, I hereby certify that my organization is a Certified Veteran Business Enterprise in accordance with section 295.187, Florida Statutes.

i. Certification of a Florida Business

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By checking the “True” box in the Master Certification – Tie-Breaking Certifications and signing the same, I hereby certify that my organization’s principal place of business is located within Florida in accordance with section 287.084, Florida Statutes.

j. Certification of a Foreign Manufacturer with a Factory in Florida By checking the “True” box in the Master Certification – Tie-Breaking Certifications and signing the same, I hereby certify that my manufacturing organization has a factory in Florida that employs over 200 employees working in Florida in accordance with section 287.092, Florida Statutes.

k. Certification of a Drug Free Workplace

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APPENDIX III: SCOPE OF WORK

1. Description of Services

1.1. The Provider must be prepared to furnish continuous quality service by:

1.2. Having the capacity and capability to deliver to each of the below Hospital locations and expected dates for delivery:

Hospital Location Delivery Schedule

Florida State Hospital 100 N. Main St. Bldg. 1007 Chattahoochee, FL, 32324

Weekly Deliveries: Monday and Friday

Northeast Florida State Hospital 7487 S.S.R. 121 Macclenny, FL, 32063

Weekly Deliveries: Monday, Wednesday, and Friday

North Florida Evaluation and Treatment Center 1200 N.E. 55th Blvd.

Gainesville, FL, 32641

Weekly Deliveries: Monday and Thursday

1.3. Delivering bread products that meet all specifications herein.

1.4. Timely resolving issues that may arise (i.e., delayed shipments, damaged goods, etc.).

2. Item Specifications and Delivery

2.1 Bread shall not be more than 24 hours old upon arrival at receiving point. Bread shall not have been frozen prior to arrival. The package shall afford adequate protection against deterioration and physical damage during shipment from the supply source to the Facilities. Perishable products must have a minimum shelf life of seven (7) days after receipt of delivery.

2.2 All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth, or contamination. Upon inspection, the facilities can refuse delivery.

2.3 Provider must deliver products as specified in accordance with the Purchase Order quantities and delivery schedule for each Hospital. The Provider shall provide bread as specified for each Hospital’s as provided in Appendix IV. The quantities stated in Appendix IV are estimates only. The actual quantities ordered will solely be determined by the needs of each Hospital.

2.4 Deliveries must be made inside the designated location at each Hospital. Deliveries shall be made between 6:00 a.m. and 3:00 p.m., eastern standard. Deliveries left outside of the designated area will not be accepted. Deliveries must be received and signed for by authorized Hospital food service personnel.

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2.5 Upon inspection, the Hospitals can refuse delivery.

2.6 All products furnished under this contract shall be processed and packed under sanitary conditions in strict accordance with guidelines provided by the U.S. Food and Drug Administration and the U.S. Department of Agriculture, using the best commercial practices that are standard for the industry. All containers shall be clean, sound and securely covered or sealed to provide adequate protection from dirt, filth, or contamination.

All products delivered to the Hospitals must meet or exceed United State Department of Agriculture (USDA) specifications and industry standards.

2.7 Timely delivery of all orders is expected of the Provider to all Hospitals. If unable to meet confirmed delivery schedule(s), as agreed upon, then after a two (2) hour grace period, the Hospitals reserves the right to assess a financial consequence for each instance in the amount of one hundred dollars ($100) per instance. If the Provider is unable to meet the delivery or does not provide bread products to the quality specifications stated herein, the Hospital reserves the right to purchase on the open market to meet the menu requirements, and the Provider shall pay the price difference between the original bid price and the price of the substituted food item. These amounts will be deducted from the Provider’s invoice.

3. Ordering

3.1 The Provider must have the ability to receive and process electronic orders for all three Hospitals weekly. The Hospitals must have the ability to review and/or approve all electronic orders.

4. Recall

4.1 In the event the Vendor receives notice that a product delivered by the Provider to the Hospitals has been recalled, seized, or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any State or Federal regulatory agency, the Provider shall notify the Hospitals immediately.

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APPENDIX IV: BID PRICE

Florida State Hospital

Vendors Bid Price must include the per unit cost, including delivery.

ESTIMATED

QUANTITY

PER MONTH

UNIT OF

MEASURE

DESCRIPTION PRICE PER

UNIT

YEAR 1

PRICE PER

UNIT

YEAR 2

PRICE PER

UNIT

YEAR 3

TOTAL

COST

200 Loaf Bread, White, Sliced, Enriched, round top, 24 slices per loaf minimum, 20

oz. loaf minimum

990 Loaf Bread, Whole Wheat, Enriched, round top, 22 slices per loaf minimum, 20 oz.

loaf minimum

710 12 Pack Hamburger Buns, White, Enriched, 12 count minimum, 20 oz.

per pack minimum, 4”

130 16 Pack Hotdog Buns, 16 count minimum, 22 oz.

per pack

Deliver to: Florida State Hospital 100 N. Main St. Bldg. 1007 Chattahoochee, FL 32324

Weekly Deliveries: Monday and Friday

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Northeast Florida State Hospital

PER MONTH

UNIT OF

MEASURE

DESCRIPTION PRICE PER

UNIT

YEAR 1

PRICE PER

UNIT

YEAR 2

PRICE PER

UNIT

YEAR 3

TOTAL

COST

780 Loaf Bread, White, Sliced, Enriched, round top, 24 slices per loaf minimum, 20

oz. loaf

1058 Loaf Bread, Whole

Enriched, round top, 22 slices per loaf minimum, 20 oz.

390 12 Pack Hamburger Buns, 12 count minimum, 20 oz.

per pack

42 Loaf Texas Toast, Sliced, Enriched, 15 Slices per loaf, 24 oz. per pack

Deliver to: Northeast Florida State Hospital 7487 S. S.R. 121 MacClenny, FL 32063

Weekly Deliveries: Monday, Wednesday, and Friday

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North Florida Evaluation and Treatment Center

PER MONTH

UNIT OF

MEASURE

DESCRIPTION PRICE PER

UNIT

YEAR 1

PRICE PER

UNIT

YEAR 2

PRICE PER

UNIT

YEAR 3

TOTAL

COST

70 Loaf Texas Toast, Sliced, Enriched, 15 slices per loaf minimum, 24 oz.

900 Loaf Bread, White

Enriched, round top, 22 slices per loaf minimum, 20

oz. loaf minimum

1620 12 Pack Hamburger Buns, 12 count minimum, 20 oz. per pack

16 24 Pack Steak Bun, White, Enriched, 24 count

180 6 Pack English Muffin, Split, 6 count minimum, 12 oz.

pack minimum

Deliver to: North Florida Evaluation and Treatment Center 1200 N.E. 55th Blvd.

Gainesville, FL 32641

Weekly Deliveries: Monday and Thursday

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APPENDIX V: PURCHASE ORDER TERMS AND CONDITIONS

The Contractor and Department of Children and Families (Department) agree to the following terms. These Purchase Order Terms replace the MFMP Purchase Order Terms and Conditions in their entirety.

Section 1. General Provisions.

A. Agreement.

The Contractor agrees to provide commodities or contractual services to the Department as set forth in the Purchase Order with these Terms and Conditions and the attached or incorporated documents.

B. Initial Term.

Unless otherwise specified, the Purchase Order begins on the date of issuance. The Contractor shall complete its delivery of commodities or contractual services by the date specified as the Purchase Order end date.

C. Integration.

The Purchase Order with these Terms and Conditions and the attached or incorporated documents set forth the entire agreement between the Department and the Contractor, superseding all prior discussions, representations, or agreements of the parties relating to the commodities or contractual services to be provided under the Purchase Order.

Section 2. Performance.

A. Performance Standards.

The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Purchase Order. The Department shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. Coordination shall be maintained by the Contractor with representatives of the Department, or of others involved in the project on behalf of the Department.

B. Performance Deficiency.

If the Department determines that the performance of the Contractor is unsatisfactory, the Department may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Department. The Contractor shall provide the Department with a corrective action plan describing how the Contractor will address all issues of non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or non-compliance under the Purchase Order. If the corrective action plan is unacceptable to the Department, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Department for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

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Section 3. Payment and Fees.

A. Payment Invoicing.

The Contractor will be paid upon approval of invoice(s) to the Department after delivery and acceptance of commodities or contractual services is confirmed by the Department. Invoices shall contain detail sufficient for audit thereof and shall contain the Purchase Order and the Contractor’s Federal Employer Identification Number.

B. Inspection, Approval and Payment Timeframes.

Section 215.422, Florida Statutes (F.S.), provides that agencies have five (5) working days to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor’s expense. Interest penalties for late payment are also provided for in section 215.422, F.S. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Department. This paragraph shall not be read to limit the Department’s rights of warranty under these terms, separately provided by the Contractor, or under law.

C. MyFloridaMarketPlace Fees.

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by the Department to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.

D. Payment Audit.

Records of costs incurred under terms of the Purchase Order shall be maintained and made available to the Department upon request during the period of the Purchase Order, and for a period of three years thereafter. Records of costs incurred shall include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department for audit.

E. Taxes.

Taxes, customs, and tariffs on commodities or contractual services purchased under the Purchase Order will not be assessed against the Department unless authorized by Florida law.

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F. Return of Funds.

Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Purchase Order that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department of the overpayment.

G. Annual Appropriation and Travel.

Pursuant to section 287.0582, F.S., if the Purchase Order binds the State or an executive agency for the purchase of services or tangible personal property for a period in excess of one (1) fiscal year, the State of Florida's performance and obligation to pay under the Purchase Order is contingent upon an annual appropriation by the Legislature. Travel expenses are not reimbursable unless specifically authorized in writing, and shall be reimbursed only in accordance with section 112.061, F.S.

Section 4. Liability and Insurance.

A. Indemnification.

The Contractor shall be fully liable for the actions of its agents employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Department, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Department.

Further, the Contractor shall fully indemnify, defend, and hold harmless the State and the Department from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to the Department’s misuse or modification of Contractor’s products or the Department’s operation or use of Contractor’s products in a manner not contemplated by the Purchase Order or any contract under which the Purchase Order is issued. If any product is the subject of an infringement suit, or in the Contractor’s opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Department the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Department the right to continue using the product, the Contractor shall remove the product and refund the Department the amounts paid in excess of a reasonable rental for past use.

The Department shall not be liable for any royalties.

The Contractor’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or the Department giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Department in any legal action without the Contractor’s prior written consent, which shall not be unreasonably withheld.

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If the Contractor is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the Department shall be to the extent permitted by section 768.28, F.S. or other applicable law, and without waiving the limits of sovereign immunity.

B. Payment for Claims.

The Contractor guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Contractor or any employee, agent, subcontractor, assignee or delegate in connection with the Purchase Order.

C. Liability Insurance.

The Contractor shall maintain insurance sufficient to adequately protect the Department from all claims or liability for personal injury or property damage arising out of, resulting from the performance of, or in connection with the operation of, the Purchase Order. All insurance shall be with insurers authorized to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured.

D. Workers’ Compensation.

The Contractor shall maintain Workers’ Compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide Worker’s Compensation Insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the resulting contract, including the Purchase Order, and any class of employees performing the work is not protected under Worker’s Compensation statutes, the Contractor must provide, and cause each subcontractor to provide adequate insurance, satisfactory to the Department, for the protection of employees not otherwise protected.

E. Performance Bond.

Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.

F. Limitation of Liability.

For all claims against the Contractor under any contractor purchase order, and regardless of the basis on which the claim is made, the Contractor’s liability under a contract or purchase order for direct damages shall be limited to the greater of $250,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement.

Unless otherwise specifically enumerated in the Purchase Order or any contract under which the Purchase Order is issued, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or Purchase Order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost

DCF ITB Template: 23 of 33 institutional operating savings. The State and Department may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State.

Section 5. Compliance with Laws.

A. Conduct of Business.

The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor shall comply with Section 247A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, the Occupational Safety and Health Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status.

Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)(c), and (g), F.S., are hereby incorporated by reference, to the extent applicable.

B. Lobbying.

In accordance with sections 11.062 and 216.347, F.S., the Purchase Order funds are not for the purpose of lobbying the Legislature, the judicial branch, or an state agency. Pursuant to subsection 287.058(6), F.S., the Purchase Order does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Purchase Order, after the Purchase Order’s execution and during the Purchase Order’s term.

C. Gratuities.

The Contractor shall not, in connection with the Purchase Order or any other agreement with the State, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State officer or employee.

D. Cooperation with Inspector General and Records Retention.

Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing.