DMA-ITB-280 - DOT Certified Limerock Solicitation.pdf

DMA-ITB-280 – DOT Certified Lime Rock

STATE OF FLORIDA

DEPARTMENT OF MILITARY AFFAIRS

DMA-ITB-280

BID LIST REGISTRATION

Item(s) for BID DOT Certified Lime Rock

Potential proposal/bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below and fax this sheet only to the

Department of Military Affairs at (904) 682-3120 or mail to the address below:

State of Florida

Department of Military Affairs

Camp Blanding Joint Training Center

5629 State Road 16 West, Building #2300

Starke, Florida 32091-9703

Note: Completion/Submission of this form is for informational purposes only. No information will be provided as a result of submission. All available documentation and solicitation information will be available on the Florida Vendor Bid System unless otherwise noted. The Solicitation document is subject to change. Notice of changes (addenda) will be posted on the Florida Vendor Bid System at www.myflorida.com. It is the responsibility of all potential proposal/bidders to monitor this site for any changing information prior to submitting your proposal/bid.

Company Name_________________________________________________

Address________________________________________________________

City, State & Zip_________________________________________________

Attn: ___________________________________________________________

Fed ID # ________________________________________________________

Telephone______( )____________________________________________

FAX No. ________( )____________________________________________

Email Address __________________________________________________

Signed ___________________________Date __________________________

For further information on this process, you may telephone (904) 682-3365.

http://www.myflorida.com/

CALENDAR OF EVENTS

The following time schedule will be strictly adhered to in all actions relative to the ITB, unless modified by the Department by addendum to this ITB.

DATE TIME ACTION LOCATION

Tuesday

October 18, 2022

C.O.B

Release of Solicitation

MyFlorida.com website, Vendor Bid

System

Friday October 28, 2022

2:00 PM

EST

Final date and time for written question submissions.

Questions may be submitted earlier.

Send to:

jennifer.c.adams16.nfg@army.mil and john.d.connor2.nfg@army.mil

November 1, 2022

Anticipated date that questions and responses or any changes to the solicitation will be posted on the vendor bid system.

November 1, 2022

Anticipated date that solicitation amendment may be posted as a result of questions submissions, omissions, changes or clarifications.

*Tuesday

November 15, 2022

*4:00 PM

EST

*All

Proposals/Bids Due. Proposal/Bid

Opening at

4:00 PM EST

*Opening location will be at:

DMA – Camp Blanding

Post Headquarters – Bldg 2300

5629 SR 16 West Starke, FL 32091

Wednesday

November 16, 2022

Post Bid Tab &

Notice of Intended Award

C.O.B. – by Close of Business *Indicates Open Public Meeting. All meetings in the calendar of events (Bid Opening which includes evaluator instructions, questions and clarifications) are open to the public.

Table of Contents

1.0 Invitation & General Information

2.0 General Conditions: PUR 1001-General Instructions to Respondents

3.0 General Conditions: PUR 1000-General Contract Conditions

4.0 Special Conditions

5.0 Technical Specifications

6.0 Bid Submittal

Expanded Contents

1.0 Invitation and General

Information

1.1 Invitation

1.2 Purchasing Director

1.3 Contract Administrator/Contract Manager

1.4 Project Manager

2.0 2.0 General Conditions PUR 1001 - General Instructions to Respondents

3.0 3.0 General Conditions PUR 1000 - General Contract Conditions

4.0 4.0 Special Conditions 4.1 MyFloridaMarketPlace

4.2 Minority Business Enterprise (MBE) Utilization

4.3 Communications, Bid Questions & Answers

4.4 Estimated Expenditures

4.5 Qualifications

4.6 Department Reservations and Responsiveness of Bids

4.7 Vendor’s Contractual Obligations

4.8 Copyrighted Materials

4.9 Costs Incurred in Responding

4.10 Bid Submission

4.11 Bid Opening

4.12 Drug-Free Work Place Preference

4.13 Posting of Intended Award

4.14 Award of Contract

5.0 Technical Specifications 5.1 Introduction

5.2 Scope of Work

5.3 Product Specifications

5.4 Product Acceptance and Consequences

5.5 Prices

5.6 Payment Method

5.7 Security Requirements

6.0 Bid Submittal 6.1 Price Sheet

6.2 Reference Sheet

6.3 Drug Free Workplace

6.4 Minimum Qualifications Statement

6.5 Vendor Certification Regarding Scrutinized Companies

List

6.6 Vendor Check List

Attachments A Price Sheet

B Reference Sheet

C Drug-Free Workplace Program Certification

D Minimum Qualifications Statement

E Vendor Certifications

F Vendor Check List

G Memo M-22-11

H Memo M22-062

1.0 Invitation and General Information:

1.1 Invitation - This solicitation is to establish a two year contract for the purchase and delivery of approximately 25,000 (twenty five thousand) tons of DOT Certified Lime Rock annually for Camp

Blanding Joint Training Center (CBJTC) in Starke, Florida, by the Department of Military Affairs

(DMA). It is anticipated that the two year contract will begin on or about November 23, 2022 and end on or about November 22, 2024. The DMA Contract Administrator may place orders during the life of this contract by issuing individual purchase orders through MyFloridaMarketplace

(MFMP). The orders will identify quantity of lime rock required, delivery location within CBJTC and relevant contact information. DMA reserves the right to increase or decrease the amount of lime rock depending on the availability of funds.

Vendors submitting a proposal/bid must be registered in MyFloridaMarketPlace prior to contract award. (see NEW REGISTRATION REQUIRED FOR FLORIDA VENDORS section, 4.1). A vendor shall not be considered for an award if not registered in MyFloridaMarketPlace.

1.2 Purchasing Director - The Purchasing Director, acting on the behalf of the Department of

Military Affairs, is the sole point of contact with regard to all procurement matters relating to the

ITB, from the date of release until the Department's Notice of Agency Decision.

John Connor, Purchasing Director

State Quartermaster – P&C

P. O. Box 1008

St. Augustine, Florida 32085-1008

Telephone No. (904) 823-0241 Fax No. (904) 823-0153 Email: john.d.connor2.nfg@army.mil

Alternate Physical Address: Department of Military Affairs, State Quartermaster, 82 Marine Street, St Augustine, Florida 32084

1.3 Contract Administrator and Contract Manager – The DMA employee identified below is designated as Contract Administrator and/or Contract Manager and shall act on behalf of the

Department of Military Affairs for contractual matters and is responsible for maintaining the contract file, certifying invoices and financial information, final acceptance of all deliverables and serves as a liaison with the Project Manager.

Jennifer Adams, Purchasing Manager

Department of Resource Management

5629 State Road 16 West, #2300

Starke, Florida 32091-9703

Telephone No. (904) 682-3365 Fax No. (904) 682-3120

Email: jennifer.c.adams16.nfg@army.mil

1.4 Project Manager - The DMA employee identified below is designated as the Project Manager and shall act on behalf of the Department of Military Affairs. The Project Manager is responsible for enforcing performance of the contract terms and conditions and serves as a liaison with the vendor after the Notice of Agency Decision has been completed and the Contract is executed.

Jeff Ghinter, Forest Area Supervisor

Department of Military Affairs - Forestry

5629 State Road 16 West, #2300

Telephone No. (904) 682-3220 Email: Jeffrey.k.ghinter.nfg@army.mil

2.0 General Conditions: General Instructions to Respondents (PUR1001)

This section explains the General Instructions to Respondents (PUR 1001) of the solicitation process. This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return the document to the Department of

Military Affairs.

https://www.dms.myflorida.com/business_operations/state_purchasing/documents

_forms_references_resources/state_purchasing_pur_forms

Exception: Item 3- DMA does not currently accept Electronic Submission of Responses.

Exception: Item 5 - Refer to Section 4.3

3.0 General Conditions: General Contract Conditions (PUR 1000)

This section explains the General Contract Conditions (PUR 1000) of the solicitation process. This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return this document to the Department of Military Affairs.

https://www.dms.myflorida.com/business_operations/state_purchasing/documents

_forms_references_resources/state_purchasing_pur_forms

4.0 SPECIAL CONDITIONS

4.1 MyFloridaMarketPlace: Since July 1, 2003, the Department has been using the State of

Florida's web-based electronic procurement system, MyFloridaMarketPlace. BIDDERS MUST BE

REGISTERED IN THE STATE OF FLORIDA'S MYFLORIDAMARKETPLACE SYSTEM BY

DATE OF CONTRACT AWARD OR THEY WILL BE CONSIDERED NON-RESPONSIVE. All prospective bidders that are not registered should go to https://vendor.myfloridamarketplace.com to complete on-line registration, or call 1-866-352-3776 for assisted registration.

4.2 Minority Business Enterprise (MBE) Utilization - DMA encourages the recruitment and utilization of certified and non-certified minority businesses. DMA, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that minority businesses have the opportunity to compete for and perform contract work for the DMA in a nondiscriminatory environment.

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the

Internet at www.osd.dms.state.fl.us.

4.3 Communications, Bid Questions and Answers - No negotiations, decisions or actions shall be initiated or executed by a vendor as a result of any discussion with any State employee. Only those communications that are in writing from the office of Purchasing & Contracts may be considered as duly authorized expressions on behalf of this Department.

Any questions arising from this ITB must be forwarded, in writing, to the procurement official designated in Sections 1.2 or 1.3 above by Friday, October 28, 2022 by 5:00PM. DMA’s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Bid

System at www.myflorida.com (click on "BUSINESS", click on "Doing Business with the State", file://///ng/ngflshares/Group.Shares/CBJTC/Sections/DRM/Brittanee-Jennifer-Amanda/Contract%20Folder%20-%20ALL/DMA-ITB-253%20DOT%20Certified%20Lime%20Rock/DMA-ITB-253%20DOT%20Certified%20Limerock%20Solicitation.docx file://///ng/ngflshares/Group.Shares/CBJTC/Sections/DRM/Brittanee-Jennifer-Amanda/Contract%20Folder%20-%20ALL/DMA-ITB-253%20DOT%20Certified%20Lime%20Rock/DMA-ITB-253%20DOT%20Certified%20Limerock%20Solicitation.docx file://///ng/ngflshares/Group.Shares/CBJTC/Sections/DRM/Brittanee-Jennifer-Amanda/Contract%20Folder%20-%20ALL/DMA-ITB-253%20DOT%20Certified%20Lime%20Rock/DMA-ITB-253%20DOT%20Certified%20Limerock%20Solicitation.docx file://///ng/ngflshares/Group.Shares/CBJTC/Sections/DRM/Brittanee-Jennifer-Amanda/Contract%20Folder%20-%20ALL/DMA-ITB-253%20DOT%20Certified%20Lime%20Rock/DMA-ITB-253%20DOT%20Certified%20Limerock%20Solicitation.docx https://vendor.myfloridamarketplace.com/ http://www.myflorida.com/ under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", then click on "Search Advertisements"), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid/proposal.

Only written inquiries from vendors, which are signed by persons authorized to contractually bind that company, will be recognized by the Department as duly authorized expressions on behalf of the vendor.

4.4 Estimated Expenditures - It is anticipated that DMA will expend approximately $320,000.00 annually under any contract resulting from this bid. These estimated figures are given only as a guideline for preparing your bid/proposal and should not be construed as representing actual figures under the contract.

4.5 Qualifications

4.5.1 General - The Vendor must prove to the satisfaction of DMA that their company has actively and normally been engaged in business for the services/items being procured under this solicitation for at least three (3) years of continuous operation. (This shall be demonstrated through references which have been in place at least one (1) continuous year). The Bidder shall have available under their direct supervision, the necessary organization, experience, equipment and staff to properly fulfill all the conditions, requirements, and specifications required under this solicitation.

4.5.2 Bidder Qualifications - When submitting the bid, each bidder must submit a written statement, detailing their qualifications that demonstrate they meet the minimum qualifications contained in 4.5.1 and 4.5.2. Failure by the bidder to provide the above item(s) will constitute a non-responsive determination. Bids found to be non-responsive will not be considered.

4.5.3 Authorized to do Business in the State of Florida - In accordance with sections 607.1501, 608.501, and 620.169, Florida Statutes, foreign corporations, foreign limited liability companies, and foreign limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the bid due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For authorization, contact:

Florida Department of State

Tallahassee, Florida 32399

(850) 245-6051

4.5.4 License to conduct services in the State of Florida - If the services being provided require that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the bid due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For licensing, contact:

Florida Department of Business and Professional Regulation

Tallahassee, Florida 32399-0797

(850) 487-1395

4.6 Department Reservations and Responsiveness of Bids

4.6.1 Valid Proposal - A responsive offer in full compliance with the Invitation to Bid specifications and conditions by a responsible person or firm. The responsiveness of a bid/proposal shall be determined based on the documents submitted with the proposal. Vendors shall submit the original and one (1) copy of the bid/proposal. The responsiveness of the bid/proposal is the responsibility of the Offeror and will be determined during the evaluation process.

a. Responsive offer means a person or firm that has submitted a bid/proposal and conforms in all material respects to the Invitation to Bid.

b. Responsible or qualified Offeror means a person or firm with the capability in all respects to perform fully the Contract requirements and the integrity and reliability to assure good faith performance. Failure to provide information to determine responsibility in response to a condition of a bid/proposal requiring information may be cause for such bid/proposal to be rejected.

4.6.2 General - DMA reserves the right to accept or reject any or all bids/proposals received and reserves the right to make an award without further discussion of the bids submitted. Therefore, the bidder should make sure that the bid package submitted is complete and accurate and ensure delivery on or before the bid opening time and date specified in this solicitation. It is understood that the bid will become a part of DMA's official file, without obligation to DMA.

4.6.3 Responsiveness of Bids - Proposals/bids will not be considered if not received by DMA on or before the date and time specified as the due date for submission. All proposals/bids must be typed or printed in ink. Offers by facsimile or telephone are not acceptable. A responsive proposal/bid is an offer to perform the scope of services called for in this ITB in accordance with all requirements of this ITB. Proposals/bids found to be non-responsive will not be considered.

Proposals/bids may be rejected if found to be irregular or not in conformance with the requirements and instructions herein contained. A proposal/bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid requirements, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. All bid/proposal prices shown on the price sheets submitted are final and mistakes will be at proposer/bidder’s risk.

4.6.4 Other Conditions - Other conditions which may cause rejection of bids include, evidence of collusion among bidders, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the United States Comptroller General's List of Ineligible

Contractors for Federally Financed or Assisted Projects.

4.7 Vendor’s Contractual Obligations - The Vendor will be required to ensure that each individual, partnership, firm, corporation or subcontractor that performs on this contract, will be subject to, and comply with, the contractual requirements.

4.7.1 Employment Eligibility Verification: Executive Order 11-02, signed January 4, 2011, by the Governor of Florida, requires contracts to expressly require that Vendor utilize the U.S.

Department of Homeland Security’s E-Verify system to verify the employment eligibility of:

(a) All persons employed during the Contract term by Vendor to perform employment duties within Florida; and,

(b) All persons (including subcontractors) assigned by Vendor to perform work pursuant to this

Contract, i.e., the Vendor must require its subcontractors to utilize the E-Verify system for its employees assigned to this Contract.

E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify.

The Department of Homeland Security’s E-Verify system can be found at:

http://www.dhs.gov/files/programs/gc_1185221678150.shtm

Compliance with the requirements of this section is required prior to commencing performance under any Contract issued as a result of this solicitation.

4.7.2 Unauthorized Aliens - The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract.

4.7.3 Liability Insurance - The Vendor shall not commence any work until they have obtained the following types of insurance. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been so obtained. The

Vendor shall submit the required Certificates of Insurance to the Florida Department of Military

Affairs, Department of Resource Management, Attention: Jennifer Adams, 5629 State Road

16 W, Bldg. #2300, Starke, Florida 32091 within ten (10) days after the ending date of the period for posting the intended award decision.

The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $100,000.00 per person and $300,000.00 each occurrence, and property damage insurance of at least $100,000.00 each occurrence, for the services to be rendered in accordance with this contract.

All insurance policies shall be with insurers qualified and licensed to do business in the state of

Florida. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to DMA.

DMA shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Vendor or subcontractor providing such insurance.

4.7.4 Preferred Price: The Vendor agrees to submit to the Department at least annually an affidavit from an authorized representative attesting that the Vendor is in compliance with the preferred pricing provision of Section 4(b) of form PUR 1000.

4.7.5 Inspector General Requirements: In accordance with 20.055(5), “It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the corporation, partnership, or person understands and will comply with this subsection.”

4.7.6 Public Records: The Vendor shall comply with Chapter 119, Florida Statutes. Specifically the Vendor shall:

(1) Keep and maintain public records required by the Department to perform the service.

(2) Upon request from the Department’s custodian of public records, or his designee, provide the

Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida

Statutes, or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the

Contract term and following completion of the Contract if the Vendor does not transfer the records to the Department.

(4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in possession of the Vendor or keep and maintain public records required by the Department to perform the service. If the Vendor transfers all public records to the Department upon completion of the contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the

Department, upon request from the Department’s custodian of records, or his designee, in a format that is compatible with the information technology systems of the Department.

If the Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the Vendor’s duty to provide public records relating to this Contract, contact the Custodian of Public Records at:

Florida Department of Military Affairs Attn: John Connor 82 Marine Street Saint Augustine, FL 32144 John.D.Connor2.nfg@army.mil

(904) 823-0241

FAX (904) 823-0153

4.8 Copyrighted Materials - Copyrighted material will be accepted as part of a proposal/bid only if accompanied by a waiver that will allow DMA to make paper and electronic copies necessary for the use of DMA staff and agents. It is noted that copyrighted material is not exempt from the Public

Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.

4.9 Costs Incurred in Responding - This Invitation to Bid does not commit the Department or any other public agency to pay any costs incurred by the bidder in the submission of a bid or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

4.10 Bid Submission

4.10.1 GENERAL - Sealed Proposals/bids will be received until 4:00 PM EST on Tuesday, November 15, 2022. Proposals/bids received after that time and date will not be considered.

mailto:John.D.Connor2.nfg@mail.mil

By submitting a proposal/bid, the bidder represents that it understands and accepts the terms and conditions to be met and the character, quality and scope of services to be provided. The bidder must use the attached "Bid Sheet" to submit their Proposal/bid. All proposals/bids and associated forms must be signed and dated in ink by a duly authorized representative of the bidder. Each bidder must fully acquaint themselves with the conditions relating to the performance of services under the conditions of this solicitation. Bidder shall submit the original and one (1) copy of the bid/proposal. The ITB number, opening date and time should appear on the envelope of the proposal/bid. DMA does not currently accept electronic submissions.

4.10.2 Mail or Deliver Proposals/Bids to: (DO NOT FAX)

Florida Department of Military Affairs

Attention: Jennifer Adams

5629 State Road 16 West, Bldg. #2300

4.10.3 Modifications, Re-submittal and Withdrawal - Bidders may modify submitted proposals/bids at any time prior to the due date. Requests for modification of a submitted proposal/bid shall be in writing and must be signed by an authorized signatory of the bidder. Upon receipt and acceptance of such a request, the entire proposal/bid will be returned to the bidder and not considered unless resubmitted by the due date and time. Bidders may also send a change in a sealed envelope to be opened at the same time as the bid. The ITB number, opening date and time should appear on the envelope of the modified proposal/bid.

4.10.4 Attachment to ITB Submittal – Confidential Material: The Bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Request for Proposal, Number DMA-ITB-280-

Confidential Material". The Bidder must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Bidder asserts to be exempt from public disclosure and placed elsewhere in the proposal will be considered waived by the Bidder upon submission, effective after opening.

4.11 Bid Opening - The sealed bids will be opened by the DMA’s Procurement Office personnel at

Building #2300, 5629 State Road 16 West, Starke, Florida 32091 on Tuesday, November 15, 2022 at 4:00PM EST. All bid openings are open to the public, if you plan on attending the opening, please plan accordingly as it may take a few minutes to clear the main gate.

4.12 “Drug Free Workplace” Preference - Whenever two or more bids, which are equal with respect to price, quality, and service are received, a bid received from a business that certified that it has implemented a drug-free work place program in accordance with Section 287.087, F.S., will be given preference in the award process. The "Drug-Free Workplace Program Certification" must be completed for this preference. (Attachment C)

4.13 Posting of Intended Award

4.13.1 General - DMA's decision will be posted on the Florida Vendor Bid System at www.myflorida.com, (click on "BUSINESS", click on "Doing Business with the State", under

"Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", on Wednesday, November 16, 2022 by 5:00 PM and will remain posted for a period of seventy two (72) hours.

Any bidder who is adversely affected by the DMA's recommended award or intended decision must file:

1. A written notice of protest within seventy-two (72) hours after posting of the intended award, and

2. A formal written protest and protest bond in compliance with Section 120.57(3), Florida

Statutes, within ten (10) days of the date on which the written notice of protest is filed. At the time of filing the formal written protest, a bond (a cashier's check or money order may be accepted) payable to the DMA must also be submitted in an amount equal to one percent

(1%) of the estimated contract amount based on the contract price submitted by the protestor. Failure to file a protest within the time prescribed in Section 120.57(3), Florida

Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. If the notice advises of the bond requirement but a bond or statutorily authorized alternate is not posted when required, the agency shall summarily dismiss the petition.

4.13.2 Inability to Post - In the event DMA is unable to post as defined above, DMA will notify all bidders by electronic notification on the Florida Vendor Bid System, by mail, and/or by fax.

4.13.3 Request to Withdraw Bid - Requests for withdrawal will be considered if received by

DMA, in writing, within seventy two (72) hours after the bid opening time and date. Requests received in accordance with this provision will be granted by the Department upon proof of the impossibility to perform based upon obvious error on the part of the bidder. Bidders that do not withdraw as stated above will forfeit their bid bond, if applicable.

4.14 Award of the Contract - Services will be authorized to begin when the Vendor receives a written document incorporating the terms and conditions of the solicitation, the vendor’s proposal/bid indicating the encumbrance of funds and award of the contract.

5.0 Technical Specifications

5.1 Introduction – The Department intends to purchase approximately 25,000 tons of DOT

Certified Lime Rock annually, to be delivered to multiple locations within Camp Blanding Joint

Training Center in Starke, Florida.

5.2 Scope of Work – The DMA Purchasing Director, Contract Administrator and/or Contract

Manager may place orders during the life of this contract by issuing individual purchase orders through MFMP. The orders will identify quantity of lime rock required, delivery location within

CBJTC and relevant contact information. The Contractor will make delivery of the DOT Certified

Lime Rock to the identified locations within the CBJTC, in Starke, Florida between the hours of

7:30 AM to 4:00 PM. The Contractor must have the capacity and ability to deliver a minimum of 20 loads or 450 tons of lime rock per day.

5.3 Product Specifications – The furnished lime rock shall be of standard product of the manufacturer or their suppliers, be new, unused, clean and free from any defects or features affecting appearance, serviceability or the safety of the user in normal intended use.

Any deviation from the specification herein must be clearly pointed out within the bid; otherwise, it will be considered that the items offered are in strict compliance with these specifications and the successful bidder will be held responsible. Deviations must be explained in detail on separate, attached sheet(s).

5.4 Product Acceptance and Consequences – Any items delivered to the Department which do not meet these specifications or that are found to be poorly manufactured, will be deemed defective and will not be accepted by the Department, but will be returned to the contractor at the contractor’s expense, for replacement. Replacement of any and all items found to be defective will be made without any cost to the Department, including, but not limited to, labor, transportation and fuel. As it may be impossible to inspect all items at the time of delivery, the Department will be afforded a period of five (5) business days to inspect and accept the delivered items.

In the event the product fails to meet the minimum level of acceptance specified above, DMA will not pay invoices until the product delivery is satisfactorily completed.

5.5 Prices – Bid prices will be firm, net, delivered prices, F.O.B destination.

5.6 Payment Method – This solicitation will result in multiple deliveries of DOT Certified Lime

Rock. The Vendor shall submit a separate invoice, for each delivery, to the attention of the

Department’s appointed Project Manager. The invoice shall be submitted in sufficient detail to identify the type of product provided for that delivery as well as the location the product was delivered too. The Department’s Project Manager, or their designee, shall be responsible for enforcing performance of the contract terms and conditions and he shall serve as liaison with the vendor and shall review all invoice prices for payment.

Payment shall be made in accordance with 215.422 and 287.0585 of the Florida Statutes, which states the vendors' rights and the State Agency’s responsibilities concerning interest penalties and time limits for payment of invoices. The vendors Federal Employment Identification Number and the Agency’s Contract Number/Purchase Order Number must appear on all invoices. Invoices that must be returned to the Vendor due to preparation errors will result in a delay in payment.

The Florida Department of Financial Services (DFS) requires all vendors that do business with the state to submit an electronic Substitute Form W-9. Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com to receive payments from the state. Contact the

DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions.

5.7 Security Requirements - CBJTC has 24-hour security and entry control procedures.

Contractors will be briefed on an as needed basis concerning traffic routing and work site security restrictions. Access Control Rosters for contractors are required and will be obtained prior to the contractor’s initial service date. The names of all the contractor’s employees who will be working at the facility will be listed on the document, which shall be printed on the contractor’s Company letterhead and submitted to the Provost Marshal, or his representative, at the Provost Marshal’s

Office which is located inside the Welcome Center at the Main Gate of the facility. Access Control

Rosters are approved by the Provost Marshal. Due to tightened security measures, submit a copy of the vehicle registration and proof of insurance for each vehicle that will be on facility, and also a copy of each individual’s driver’s license. These are required prior to beginning any type of contracted work.

PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY THE NATIONAL

COMMAND AUTHORITY OR OVERSEAS COMBATANT COMMANDER: Due to the instability of world events, there may be times during the performance period of this contract that the contractor might be asked to leave the base during higher threat conditions.

6.0 Bid Submittal

6.1 Price Sheet: Vendors shall complete the price sheet to proposal/bid (Attachment A). Only prices submitted on supplied price sheet will be considered.

6.2 Reference Sheet: Vendor shall provide three references. (Attachment B)

6.3 Drug Free Workplace: Drug-Free Workplace Compliance Form must be signed and returned.

(Attachment C)

6.4 Minimum Qualifications Statement: Vendors shall provide a brief description of their work history, which shall include, but not be limited to, business certifications, number of years in business and other information that may demonstrate company stability and reliability.

(Attachment D)

6.5 Vendor Certification Regarding Scrutinized Companies Lists: Must be signed and returned. (Attachment E)

6.6 Vendor Checklist: Provided for convenience. (Attachment F)

ATTACHMENT “A”

PRICE SHEET

DMA-ITB-280 DOT Certified Lime Rock (Including Delivery)

$________________Per Ton

Acknowledgment: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the bidder. I certify that the response submitted is made in conformance with all requirements of the solicitation.

Company Name:_______________________________________

FED ID#:_______________________

Street Address: ________________________________________

City, State & Zip ______________________________________

Telephone No._______________ Fax No. __________________

Email Address:________________________________________

Signature:________________________________

Date:_________________________

Printed name: _______________________________

ATTACHMENT “B”

REFERENCE SHEET

The Respondent must list a minimum of three (3) separate and verifiable clients of the Respondent, other than the DMA which have been in place for at least one (1) continuous year. Any information not submitted on this attachment shall not be considered. The clients listed shall be for services similar in nature to that described in this solicitation. The same client may not be listed more than one (1) reference (for example, if the Respondent has completed one project for the Florida Department of Transportation – District One and one project for the Florida Department of Transportation –

District Two, only one (1) of the projects may be listed because the client, the Florida Department of Transportation, is the same). DO NOT LIST DMA WORK ON THIS FORM. (Please provide at least two (2) Contact Names.)

Company Name:

Address:

Contact Name:

Alternate Contact Name:

Phone:

Email:

Description of Work:

Service Dates: Dates must demonstrate at least one (1) continuous year to

Approximate Contract Value: $

Contact Name:

Alternate Contact Name:

Phone:

Email:

Description of Work:

Contact Name:

Alternate Contact Name:

Phone:

Email:

Description of Work:

ATTACHMENT “C”

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

Procurement No. DMA-ITB-280 DOT Certified Lime Rock

1,___________________________________,________________________________

(Name) (Title) of, ______________________________, hereby certify that this firm has implemented

(Name of firm) a drug-free workplace program in accordance with the provision of Section 287.087, Florida

Statutes.

_____________________________________________Date: ____________________

(Signature)

287.087 Preference to businesses with drug-free workplace programs. Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

ATTACHMENT “D”

MINIMUM QUALIFICATIONS STATEMENT

How many years has your business performed the type of services being requested?

Provide a written statement detailing your qualifications:

ATTACHMENT E

VENDOR CERTIFICATIONS

Certification Regarding Scrutinized Companies Lists

Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section

215.473, Florida Statutes.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

Certification of Employment Eligibility Verification

Employment Eligibility Verification: Executive Order 11-02, signed January 4, 2011, by the Governor of

Florida, requires contracts to expressly require that Vendor utilize the U.S. Department of Homeland

Security’s E-Verify system to verify the employment eligibility of:

(a) All persons employed during the Contract term by Vendor to perform employment duties within

Florida; and,

(b) All persons (including subcontractors) assigned by Vendor to perform work pursuant to this Contract, i.e., the Vendor must require its subcontractors to utilize the E-Verify system for its employees assigned to this Contract.

E-Verify is an Internet-based system that allows an employer, using information reported on an employee's

Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland

Security’s E-Verify system can be found at:

I,___________________________________,________________________________

(Name) (Title) of, ___________________________________hereby certify that this firm is in compliance with

(Name of firm) the above referenced Florida Statute and Executive Order.

_____________________________________________Date: ____________________

(Signature)

ATTACHMENT “F”

VENDOR CHECKLIST

For your convenience, we offer the following checklist of items that must be returned by the proposal/bidding deadline. Bidder shall submit the original and one (1) copy of the bid/proposal.

This checklist does not relieve the respondent of the responsibility of ensuring that all requirements of this Bid are included with their Bid submittal.

_____1. Attachment A - Price Sheet, signed

_____2. Attachment B - Vendor References

_____3. Attachment C - Certification of Drug Free Workplace, signed.

_____4. Attachment D - Minimum Qualifications Statement

_____5. Attachment E - Vendor Certifications

_____6. Attachment F - Vendor Check List

NOTE: Address your Bid submission to the point of contact specified in section 4.10, and write the following: DMA-ITB-280, DOT Certified Lime Rock, Proposal/Bid due on

November 15, 2022 and opening time 4:00 PM EST on the envelope, package or courier delivery document.

ATTACHMENT “G”

Memorandum M-22-11

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF MANAGEMENT AND BUDGET

W ASHI NGTON, D. C. 2 05 03

April 18, 2022

M-22-11

MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

FROM: Shalanda D. Young Director

SUBJECT: Initial Implementation Guidance on Application of Buy America Preference in

Federal Financial Assistance Programs for Infrastructure

On November 15, 2021, President Biden signed into law the Infrastructure Investment and

Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the

Act”). Pub. L. No. 117-58, §§ 70901-52. The Act strengthens Made in America Laws1 and will bolster America’s industrial base, protect national security, and support high-paying jobs. The

Act requires that no later than May 14, 2022—180 days after the enactment of the IIJA—the head of each covered Federal agency2 shall ensure that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.”3

The Act affirms, consistent with Executive Order 14005, Ensuring the Future Is Made in

All of America by All of America’s Workers (“the Executive Order”), this Administration’s priority to “use terms and conditions of Federal financial assistance awards to maximize the use of goods, products, and materials produced in, and services offered in, the United States.”4

The Act provides statutory authorities for the Made in America Office (“MIAO”) in the

Office of Management and Budget (“OMB”) to maximize and enforce compliance with Made in

1 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to Federal financial assistance awards or Federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States. Made in America Laws include laws requiring domestic preference for maritime transport, including the Merchant Marine Act of 1920 (Pub. L. No. 66- 261), also known as the Jones Act. Exec. Order No. 14,005, 86 Fed. Reg. 7475, § 2(b) (Jan. 28, 2021), available at https://www.federalregister.gov/documents/2021/01/28/2021-02038/ensuring-the-future-is-made-in-all-of-america-by-all-of-americas-workers.

Made in America Laws also include laws that give preference to Indian-owned and -controlled businesses, such as the Buy Indian Act (25 U.S.C.

47), that produce items in the United States.

2 For the purposes of this guidance, the terms “Federal agency” and “agency” mean any authority of the United States that is an “agency” (as defined in section 3502 of title 44, United States Code), other than an independent regulatory agency (as defined in that section). IIJA, § 70912(3).

3 IIJA, § 70914(a).

4 Exec. Order No. 14,005 (see footnote 1).

https://www.federalregister.gov/documents/2021/01/28/2021-02038/ensuring-the-future-is-made-in-all-of-america-by-all-of-americas-workers

America Laws.5 MIAO aims to increase reliance on domestic supply chains and reduce the need for waivers through a strategic process aimed at: achieving consistency across agencies; gathering data to support decision-making to make U.S. supply chains more resilient; bringing increased transparency to waivers in order to send clear demand signals to domestic producers; and concentrating efforts on changes that will have the greatest impact.6

This memorandum provides implementation guidance to Federal agencies on the application of: (1) a “Buy America” preference7 to Federal financial assistance programs for infrastructure; and (2) a transparent process to waive such a preference, when necessary. A

Federal financial assistance program for infrastructure is any program under which an award may be issued for an infrastructure project, regardless of whether infrastructure is the primary purpose of the award. The term “project” means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States.8

Agencies should determine how this guidance is best applied to their infrastructure programs and processes, and consult with OMB, as needed, on establishing criteria, processes, and procedures for applying a Buy America preference and issuing waivers. OMB may update or provide additional guidance, as appropriate, to further assist agencies in the implementation of a

Buy America preference.

I. Application of a Buy America Preference

By May 14, 2022, agencies must ensure that all applicable programs comply with section

70914 of the Act, including by the incorporation of a Buy America preference in the terms and conditions of each award with an infrastructure project.9 The Act requires the following Buy

America preference:

(1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than

55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

5 IIJA, § 70923(a) & (b)(1).

6 OMB Memorandum M-21-26, Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made in America

Laws available at: https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-06.pdf 7 For the purposes of this guidance, a “Buy America” preference is a domestic content procurement preference as defined in IIJA, § 70912(2).

8 IIJA, § 70912 (5) & (7).

9 See Appendix I: Example of Award Term - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials.

(3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United

States.10, 11 https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-06.pdf

II. Applicability to Federal Financial Assistance Programs

This guidance applies to all Federal…