DOH22-039 ITB Final .pdf

Version 3/2022

TITLE PAGE

FLORIDA DEPARTMENT OF HEALTH

DOH22-039

INVITATION TO BID (ITB)

FOR

Short Term Radon Test Kits

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone: Fax Number:

E-Mail Address:

Federal Employer Identification Number (FEID):

BY AFFIXING MY SIGNATURE ON THIS BID TITLE PAGE, I HEREBY STATE THAT I HAVE

READ THE ENTIRE ITB TERMS, CONDITIONS, PROVISIONS, AND SPECIFICATIONS AND

ALL ITS ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001.

I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Contract including those contained in the Department’s Standard Contract.

Signature of Authorized Representative:

Printed (Typed) Name and Title:

*An authorized representative is an officer of the Respondent’s organization who has legal authority to bind the organization to the provisions of this Bid. Documentation establishing delegated authority must be included with the Bid if signed by someone other than the authorized representative.

Invitation to Bid Short Term Radon Test Kits Page | 2

TABLE OF CONTENTS

SECTION 1.0: Introductory Materials

SECTION 2.0: Procurement Process, Schedule, & Constraints

SECTION 3.0: Instructions for Bid Submittal

SECTION 4.0: Special Conditions

ATTACHMENT A: Scope of Services

ATTACHMENT B: Price Page

ATTACHMENT C: Prior Experience Form

ATTACHMENT D: Statement of Non-Collusion Form

ATTACHMENT E: Respondent Certification Regarding Scrutinized Companies List...…

ATTACHMENT F: Identical Tie Certification Form

ATTACHMENT G: Subcontractors List

ATTACHMENT H: Foreign State Preference Opinion

Exhibit A: Requestor Tracking Sheet

Exhibit B: Quantity Tracking Sheet

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SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is for the State of Florida, Department of Health (Department) to obtain competitive prices for short-term passive radon test kits (Test Kit) for distribution to residences located in Florida.

1.2. Legal Authority

Chapter 287, Florida Statutes and Section 404.056, Florida Statutes.

1.3 Scope of Services

A detailed scope of services for this solicitation is provided as Scope of Services (Attachment A), in this ITB.

1.4 Incorporation by Reference

The PUR 1001, General Instructions to Respondents (PUR 1001), and PUR 1000, General Contract Requirements (PUR 1000), are hereby incorporated by reference to the terms of this solicitation. Refer to Sections 3.1 and 4.1 of this ITB for further detail.

1.5 Definitions

In addition to the definitions in the PUR 1000 and PUR 1001, and the Scope of Services (Attachment A), the following definitions also apply to this ITB:

Bid: The complete written response of Provider to this ITB, including properly completed forms, supporting documents, and attachments.

Business Days: Monday through Friday, excluding state holidays.

Business Hours: 8:00 a.m. to 5:00 p.m., Eastern Time on all business days.

Calendar Days: All days, including weekends and holidays.

Certified Minority Business Enterprise: A business certified by any local governmental jurisdiction or organization accepted by the Department of Management Services, Office of Supplier Diversity (DMS), as a certified minority business enterprise for purposes of doing business with state government when DMS determines that the state’s minority business enterprise certification criteria are applied in the local certification process in accordance with section 287.0943, Florida Statutes.

Contract: The formal agreement or Order that will be awarded to the successful Provider under this ITB, unless indicated otherwise.

Department: The Department of Health; may be used interchangeably with DOH.

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Minor Irregularity: As used in the context of this solicitation, indicates a variation from the ITB terms and conditions which does not affect the price of the Bid, or give the Respondent an advantage or benefit not enjoyed by other Respondents, or does not adversely impact the interests of the Department.

Order: As used in the context of this solicitation, refers to a Purchase Order.

Respondent: The business entity that submits a Bid.

Provider: The successful Respondent awarded a contract by the Department in accordance with the terms of this ITB.

State: State of Florida.

State Holidays: New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday After Thanksgiving, Christmas Day.

Vendor Information Portal (VIP): Refers to the State of Florida’s internet-based vendor information system, which is available at:

https://vendor.myfloridamarketplace.com.

Where there is a conflict between a definition in this solicitation, Section 1.5, above, and the definition in Scope of Services (Attachment A), the definition in this solicitation will prevail when the term is used in this solicitation. The definition in the Scope of Services (Attachment A), will prevail when the term is used in the Scope of Services (Attachment A).

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SECTION 2.0 PROCUREMENT PROCESS, SCHEDULE, & CONSTRAINTS

2.1 Procurement Officer

The Procurement Officer assigned to this solicitation is:

Florida Department of Health Attention: Summer Lindsley 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 Email: summer.lindsley@flhealth.gov

******ALL EMAILS TO THE PROCUREMENT OFFICER MUST CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT LINE OF THE EMAIL*************

2.2 Restrictions on Communications

Pursuant to section 287.057(25), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer listed in Section 2.1., above. Violation of this provision may be grounds for rejecting a Bid.

2.3 Term

It is anticipated that the Contract resulting from this ITB will be for two years from July 1, 2023 or the Contract execution date whichever is later, subject to renewal as identified in Section 2.4. The Contract resulting from this ITB is contingent upon availability of funds.

2.4 Renewal

The Contract resulting from this solicitation may be renewed. Renewals may be made for no more than three years beyond the initial Contract, or for the term of the original Contract, whichever is longer. Renewals must be in writing, subject to the same terms and conditions set forth in the initial Contract and any written amendments signed by the parties. Renewals are contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the Department and are subject to the availability of funds.

2.5 Timeline

EVENT DUE DATE LOCATION

ITB Advertised / Released 06/05/2023 Posted to the Vendor Information Portal https://vendor.myfloridamarketplace.com https://vendor.myfloridamarketplace.com/

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Questions Submitted in

Writing

Must be received

PRIOR TO:

06/13/2023

2:30PM

Submit to: Florida Department of Health Central Purchasing Office

Attention: Summer Lindsley Suite 310 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749 E-mail: summer.lindsley@flhealth.gov

Answers to Questions

(Anticipated Date) 06/15/2023 Posted to Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Sealed Bids Due and Opened

Must be received

PRIOR to:

06/28/2023

2:30PM

Submit to: Florida Department of Health Central Purchasing Office

Attention: Summer Lindsley Suite 310 4052 Bald Cypress Way, Bin B07 Tallahassee, FL 32399-1749

Anticipated Posting of Intent to Award 07/03/2023 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

2.6 Addenda

If the Department finds it necessary to supplement, modify, or interpret any portion of the solicitation during the procurement process, a written addendum will be posted on the VIP.

It is the responsibility of the Respondent to be aware of any addenda that might affect this ITB or their Bid.

2.7 Questions

This provision takes precedence over General Instruction #5 in PUR1001.

Questions related to this solicitation must be received in writing (either via United States Postal Service, courier, e-mail, or hand-delivery) by the Procurement Officer identified in Section 2.1, within the time indicated in Section 2.5. Verbal questions or those submitted after the period specified in Section 2.5 will not be addressed.

Answers to questions submitted in accordance with Section 2.5 will be posted on the

VIP.

2.8 Basis of Award

A single award will be made to the responsive, responsible Respondent offering the lowest grand total for the commodities and services requested in this ITB, including shipping. The

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Department reserves the right to not make an award under this ITB, as determined to be in the best interest of the State.

2.9 Identical Outcomes

In the event the Department’s evaluation results in identical scoring outcomes between two or more Respondents, the Department will provide the Identical Tie Certification, Attachment F, form for the affected Respondents to complete. If one or more Respondents are entitled to the certified veteran business enterprise preference specified in section 295.187, Florida Statutes, and one or more business entitled to this preference or another preference provided by law submit bids, proposals, or replies for procurement of commodities or contractual services which are equal with respect to all relevant considerations, including price, quality, and service, the Department will award the procurement or contract to the business having the smallest net worth. If one or more Respondents has the certified veteran preference, it and any other vendor entitled to another preference provided by law will be requested by the Department to submit Respondents net worth.

In the event the Department is unable to select a Respondent using the Tie Breaker Criteria specified in Attachment F, and the net worth criteria above, or if the net worth criteria above does not apply, then, the affected Respondent(s) name will be placed in a container for the Department’s Procurement Officer to randomly select the awardee of this solicitation. The date, time, and location will be posted on VIP.

2.10 Modifications and Withdrawal

A Respondent may modify or withdraw its Bid at any time prior to the submittal deadline, as specified in Section 2.5, by submitting a request to the Procurement Officer. Requests for modification or withdrawal of a submitted Bid must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the entire Bid will be returned to the Respondent and will not be considered unless resubmitted by the Bid due date and time.

2.11 Clarification Process

The Department may request clarification from the Respondent to resolve ambiguities or to question minor irregularities presented in its Bid. Clarifications may be requested throughout this procurement process. The Respondent’s answers to requested clarifications must be in writing and address only the information requested. The Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department.

2.12 Federal Excluded Parties List

In order to comply with Federal grant requirements, and determining Provider responsibility in accordance with sections 287.057(1), (2) and (3), Florida Statutes, and Florida Administrative Code, Rule 60A-1.006(1), a Respondent or its subcontractor(s) that, at the time of submitting a Bid for a new Contract or renewal of an existing Contract is on the Federal Excluded Parties List, is ineligible for, may not submit a Bid for, enter into, or renew a Contract with an agency for goods or services, if any federal funds are being utilized.

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2.13 Contract Formation

The Department will enter into a Contract with the Provider pursuant to Section 2.8, Basis of Award. The Contract will incorporate the terms of the Scope of Services or Specifications Page (Attachment A), the Department’s Standard Contract, and the awarded Provider’s Price Page (Attachment B).

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SECTION 3.0 INSTRUCTIONS FOR BID SUBMITTAL

3.1 General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents (PUR 1001) is incorporated by reference in this solicitation. This document should not be returned with the Bid. The PUR 1001 is located at http://dms.myflorida.com/content/download/2934/11780.

The terms of this solicitation control over any conflicting terms of the PUR1001.

3.2 Instructions for Submittal

3.2.1 Respondents must complete, sign, and return the “Title Page” with their Bid submittal.

3.2.2 Respondents must complete and return the Price Page (Attachment B) with their Bid submittal.

3.2.3 Respondents must submit all technical and pricing data in the formats specified in the ITB.

3.2.4 Respondents must submit one original paper copy of their Bid and one original copy on a single USB storage device, or CD viewable in Adobe Acrobat Reader (PDF). The electronic copy submitted must contain the entire Bid as the submitted original copy, including all supporting and signed documents. Refer to Section 3.4 for information on redacting confidential information, if applicable.

3.2.5 Bids must be sent by United States Postal Service, courier, or hand delivered to the location indicated in Section 2.5, Timeline.

3.2.6 Bids submitted via electronic mail (email) or facsimile will not be considered.

3.2.7 Bids must be submitted in a sealed envelope or sealed package with the solicitation number, date, and time of the Bid opening clearly marked on the outside.

3.2.8 The Department is not responsible for improperly marked Bids.

3.2.9 It is the Respondent’s responsibility to ensure its Bid is submitted at the proper place and time indicated in Section 2.5, Timeline.

3.2.10 Bids must be received by the date and time specified in Section 2.5, Timeline.

3.2.11 The Department’s clocks will provide the official time for Bid receipt.

3.2.12 Materials submitted will become the property of the State and accordingly, the State reserves the right to use any concepts or ideas contained in the Bid.

3.3 Cost of Preparation

Neither the Department nor the State is liable for any costs incurred by a Respondent in responding to this solicitation.

http://dms.myflorida.com/content/download/2934/11780

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3.4 Public Records and Trade Secrets

Notwithstanding any provisions to the contrary, public records must be made available pursuant to the provisions of the Public Records Act. If Respondent considers any portion of their Bid to this solicitation to be confidential, exempt, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or any other authority, Respondent must segregate and clearly mark the document(s) as

“CONFIDENTIAL”.

Simultaneously, Respondent will provide the Department with a separate redacted paper and electronic copy of their Bid and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy must contain the solicitation name, number, and the name of Respondent on the cover, and must be clearly titled “REDACTED COPY”.

The redacted copy must be provided to the Department at the same time Respondent submits its Bid and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. Respondent will be responsible for defending its determination that the redacted portions of their Bid are confidential, trade secret, or otherwise not subject to disclosure. Further, Respondent must protect, defend, and indemnify the Department for all claims arising from or relating to the determination that the redacted portions of their Bid are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Respondent fails to submit a redacted copy with their Bid, the Department is authorized to produce the entire documents, data, or records submitted by Respondent in answer to a public records request for these records.

3.5 Price Page

Respondent must fill out the Price Page (Attachment B), as indicated, and return it with their Bid.

3.6 Prior Experience Form

Respondents must provide contact information for three entities the Respondent has provided services of a similar size and nature of those requested in this solicitation.

Respondents must use Attachment C, Prior Experience Form of this ITB to provide the required information. The Department reserves the right to contact any and all entities in the course of this solicitation in order to verify experience.

3.7 Licenses/Certifications

Respondent must have and maintain a Radon Measurement Business Certificate from Florida Department of Health as specified in section 404.056, Florida Statutes.

Respondent, laboratory, and devices must be accredited by either the National Radon Safety Board or the National Radon Proficiency Program.

3.8 Florida Preference

As required by section 287.084, Florida Statute, if this is a Contract for personal property (i.e., commodities) and the lowest bid price, as determined in accordance with Section 3.5

Short Term Radon Test Kits Page | 11 above, is from “a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference (hereafter, “Foreign State Preference”) for the purchase of such personal property to a person whose principal place of business is in such state,” then the Department shall award the Foreign State Preference to the lowest responsible and responsive vendor having a principal place of business within Florida.

If the lowest bid is submitted by a vendor whose principal place of business is located outside of Florida and that state does not grant a preference to vendors having a principal place of business in such state, the preference to the lowest responsible and responsive vendor having a principal place of business in Florida will be 5%.

This shall be calculated by the following formula for each Foreign State Vendor whose Lowest Total Price is lower than the lowest Florida-based vendor: Lowest Total Price of the Foreign State Vendor x 0.05 = Adjusted Lowest Total Price

Consistent with section 287.084(2), Florida Statute, if the Respondent’s principal place of business is outside the State of Florida, the Respondent must have an attorney who is licensed to practice law in the state of their principal place of business complete Attachment H, Foreign State Preference Opinion, and submit it with their Bid if applicable.

3.9 Subcontractor List

Respondent may enter into written subcontracts for performance of services under the Contract resulting from this solicitation. Any anticipated subcontract agreements known at the time of Bid submission and the amount of the subcontract must be identified in the Bid. If a subcontract has been identified at the time of Bid submission, a copy of the proposed subcontract must be submitted to the Department. No subcontract that Respondent enters into with respect to performance under the Contract will in any way relieve Respondent of any responsibility for performance of its Contract responsibilities with the Department. The Department reserves the right to request and review information in conjunction with its determination regarding a subcontract request and reject any subcontractor proposed by the Respondent in its Bid.

The Respondent must complete Attachment G, Subcontractors List, in its entirety and submit it with the Bid.

3.10 Special Accommodations

Persons with disability requiring special accommodations should call the Department’s Purchasing office at least five business days, prior to any pre-Bid conference, Bid opening, or meeting at (850) 245-4199. If hearing or speech impaired, please contact the Department’s Purchasing office through the Florida Relay Service, at 1-800-955-8771

(TTY).

3.11 Responsive and Responsible (Mandatory Requirements)

Respondents must complete and submit the following mandatory information or documentation as part of their Bid by the time specified in Section 2.5. Any Bid which does not contain the information below will be deemed non-responsive to this ITB.

3.11.1 Title Page must be completed, signed, and submitted with the Bid.

Page | 12

3.11.2 Price Page (Attachment B), as specified in Section 3.5.

3.11.3 Prior Experience Form (Attachment C), as specified in Section 3.6.

3.11.4 Statement of Non-Collusion (Attachment D) as specified in Section 4.3.

3.11.5 Respondent Certification Regarding Scrutinized Companies Lists

(Attachment E) as specified in Section 4.2.

3.11.6 Subcontractors List (Attachment G) as specified in Section 3.9.

3.11.7 Foreign State Preference Opinion (Attachment H), as specified in Section

3.8.

3.11.8 Radon Measurement Business Certificate as specified in Section 3.7.

3.11.9 Documentation of accreditation by either the National Radon Safety

Board or the National Radon Proficiency Program as specified in Section 3.7.

3.11.10 Respondent must provide proficiency test results for the past two years for the proposed measurement method as described in Attachment A, Section B.4.b.4. The Absolute Value of Individual Relative Error must be less than 25 percent.

3.11.11 Bids must document the Respondent’s ability to meet the requirements specified in Attachment A, Scope of Services.

3.12 Late Bids

The Procurement Officer must receive Bids pursuant to this ITB no later than the date and time specified in Section 2.5. Bids that are not received by the date and time specified will not be considered.

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SECTION 4.0 SPECIAL CONDITIONS

4.1 PUR 1000, General Contract Conditions

The PUR 1000 is incorporated by reference in this ITB and contains general Contract terms and conditions that will apply to any Contract resulting from this ITB, to the extent they are not otherwise modified. This document should not be returned with the Bid. The PUR 1000 is located at http://dms.myflorida.com/content/download/2933/11777.

The terms of this solicitation control over any conflicting terms of the PUR 1000.

Paragraph 31 of PUR 1000 does NOT apply to this ITB or any resulting contract.

4.2 Scrutinized Companies

All Respondents seeking to do business with the Department must be in compliance with section 287.135, Florida Statutes. The Department may, at its option, terminate a Contract if Respondent is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or have been engaged in business operations in Cuba or Syria.

Refer to Respondent Certification Regarding Scrutinized Companies Lists Form, Attachment E.

4.3 Conflict of Interest and Statement of Non-Collusion

Section 287.057(17)(c), Florida Statutes, provides “A person who receives a contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or any other advisory capacity to constitute participation in drafting of the solicitation.

Refer to Statement of Non-Collusion Form, Attachment D.

4.4 Certificate of Authority

All limited liability companies, corporations, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapters 605, 607, 617, and 620, Florida Statutes, respectively, prior to Contract execution. The Department retains the right to ask for verification of compliance before Contract execution. Failure of the Provider to http://dms.myflorida.com/content/download/2933/11777

Short Term Radon Test Kits Page | 14 have appropriate registration may result in withdrawal of the Contract award and forfeiture of its Bid Bond, if applicable.

4.5 Provider Registration

Each Provider doing business with the State for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, must register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033, Florida Administrative Code. State agencies must not enter into an agreement for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, with any Respondent not registered in the MyFloridaMarketPlace system, unless exempted by rule. The Provider must be registered in the MyFloridaMarketPlace system within five days after posting of the Intent to Award.

Registration may be completed at: https://vendor.myfloridamarketplace.com

A Provider lacking internet access may request assistance from MyFloridaMarketPlace Customer Service at 866-352-3776 or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, FL 32399.

4.6 Minority, Women, and Florida Veteran Business Participation

The Department encourages certified minority, women, and Florida veteran business participation in all its solicitations.

4.7 Indemnification

Provider must save and hold harmless and indemnify the Department against any and all liability, claims, judgments, or costs of whatsoever kind or nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service operation, or performance of work under the terms of the Contract, resulting in whole or in part from the negligent acts or omissions by Respondent, their subcontractor, or any of the employees, agents, or representatives of Respondent or subcontractor.

4.8 Performance Measures

Pursuant to section 287.058, Florida Statutes, the resulting Contract must contain performance measures which specify the required minimum level of acceptable service to be performed. The performance measures are detailed in the Scope of Services (Attachment A).

4.9 Financial Consequences

Pursuant to section 287.058, Florida Statutes, the resulting Contract must contain financial consequences that will apply if successful Respondent fails to perform in accordance with the Contract terms. The financial consequences are detailed in the Scope of Services (Attachment A).

https://vendor.myfloridamarketplace.com/

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4.10 Standard Contract

Respondent must become familiar with the Department’s Standard Contract which contains administrative, financial, and non-programmatic terms and conditions mandated by federal laws, state statutes, administrative code rules, and directive of the Department of Financial Service’s Chief Financial Officer.

Use of the Standard Contract is mandatory for Departmental contracts and the terms and conditions contained in the Standard Contract are non-negotiable. The Standard Contract terms and conditions are located at:

https://www.floridahealth.gov/about/administrative-functions/purchasing/StandardContractVersion52021.pdf#open%20in%20new%20windo w

4.11 Conflict of Law and Controlling Provisions

Any Contract resulting from this ITB, and any conflict of law issue, will be governed by the laws of Florida. Venue must be in Leon County, Florida, to the exclusion of all other jurisdictions.

Respondents acknowledge that this solicitation (including but not limited to the resulting Contract, exhibits, attachments, or amendments) is not a rule nor subject to rulemaking under Chapter 120 (or its successor) of the Florida Statutes and is not subject to challenge as a rule or non-rule policy under any provision of Chapter 120, Florida Statutes.

4.12 Agency Inspectors General

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 section 20.055, Florida Statutes.

4.13 Records and Documentation

To the extent that information is used in the performance of the resulting Contract or generated as a result of it, and to the extent that information meets the definition of “public record” as defined in section 119.011(12), Florida Statutes, said information is hereby declared to be and is hereby recognized by the parties to be a public record and absent a provision of law or administrative rule or regulation requiring otherwise, Respondent must make the public records available for inspection or copying upon request of the Department’s custodian of public records in accordance with Chapter 119, Florida Statutes. Respondent’s refusal to comply with Chapter 119, Florida Statutes, will constitute an immediate breach of the Contract resulting from this ITB and entitles the Department to unilaterally terminate the Contract.

Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB must be retained by Respondent for a period of six years after the termination of the resulting Contract or longer as may be required by any renewal or extension of the Contract. During the records retention period, Respondent agrees to furnish, when requested to do so, all documents required to be https://www.floridahealth.gov/about/administrative-functions/purchasing/StandardContractVersion52021.pdf#open%20in%20new%20window https://www.floridahealth.gov/about/administrative-functions/purchasing/StandardContractVersion52021.pdf#open%20in%20new%20window https://www.floridahealth.gov/about/administrative-functions/purchasing/StandardContractVersion52021.pdf#open%20in%20new%20window

Short Term Radon Test Kits Page | 16 retained. Submission of such documents must be in the Department’s standard word processing format. If this standard should change, it will be at no cost incurred to the Department. Data files will be provided in a format readable by the Department.

Respondent must maintain all records required to be maintained pursuant to the resulting Contract in such manner as to be accessible by the Department upon demand. Where permitted under applicable law, access by the public must be permitted without delay.

4.14 Attorney’s Fees

In the event of a dispute prior to or post award, each party responding to this solicitation is responsible for its own attorneys’ fees, except as otherwise provided by law.

4.15 Protests

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

Only documents delivered by the United States Postal Service, a private delivery service, in person, by E-Filing, or by facsimile during business hours will be accepted. Documents received after business hours will be filed the following business day.

Do not send Bids to the Agency Clerk’s Office. Send all Bids to the Procurement Officer and address listed in Section 2.5, Timeline.

No filings may be made by email. All filings must be made ONLY with the Agency Clerk and are considered "filed" when stamped by the official stamp of the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

The protest must be submitted by using one of the following delivery methods:

By Mail:

Agency Clerk, Florida Department of Health 4052 Bald Cypress Way, BIN A-02 Tallahassee, Florida 32399-1703 Telephone No. (850) 245-4005;

By hand delivery:

Agency Clerk, Florida Department of Health 2585 Merchants Row Blvd.

Tallahassee, Florida 32399;

By facsimile: 850-413-8743; or

By E-Filing:

https://agency_clerk-fdh.mycusthelp.com/WEBAPP/_rs/supporthome.aspx?&lp=3 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fagency_clerk-fdh.mycusthelp.com%2FWEBAPP%2F_rs%2Fsupporthome.aspx%3F%26lp%3D3&data=05%7C01%7CAllegra.Small%40flhealth.gov%7Ced6ef13ace184fb11b7908dae457e3ab%7C28cd8f803c444b2781a0cd2b03a31b8d%7C0%7C0%7C638073363391464622%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kR3RdMTBEMnpD1bRPC31L4z7S59FQPDy6B1wdSUApXY%3D&reserved=0

ATTACHMENT A

Scope of Services

DOH22-039

Invitation to Bid Short Term Radon Test Kits Page | 17

A. Services to be provided:

1. General Description:

a. General Statement: This Contract is for the provision of short-term passive radon test kits of any type for distribution to properties located in Florida.

b. Authority: Section 404.056, Florida Statutes.

2. Definition of Terms:

a. National Radon Safety Board (NRSB): Certification program offering independent certification, accreditation, and approval for radon test devices.

b. National Radon Proficiency Program (NRPP): Certification program offering independent certification, accreditation, and approval for radon test devices.

c. Short-term Passive Radon Test Kit (Test Kits): Any radon test kit designed to measure radon levels for 2-7 consecutive days and having no electrical requirements. Each test kit will contain a documentation form to be completed by the Requestor to document when the test began and ended and a pre-paid postage address label to return the test kits.

d. Requestor: Florida resident who requests a radon test kit for the purposes of testing their State of Florida address.

e. Requestor Tracking Sheet: Document provided by the Department to be used by the Provider to verify that the mailing addresses provided by the Requestors are located in Florida and the address is correct. Referred to as Exhibit A.

f. Quantity Tracking Sheet: Document provided by the Department to the Provider to be used to keep track of the quantity of test kits sent out each week. Referred to as Exhibit B.

B. Manner of Service Provision

1. Scope of Work: Provider will distribute, analyze, and report short-term passive radon test kits to requestors located within the state of Florida throughout the contract term.

a. Task List: Provider will perform the following tasks:

1) Meet with Department staff to discuss communication, process flow, and Exhibits A and B within two-weeks of contract execution.

Submit a summary of the meeting, including the date, each

Scope of Services

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Invitation to Bid Short Term Radon Test Kits Page | 18 attendee’s name, and topics discussed to the Contract Manager within two weeks of the meeting.

2) Distribute test kits to requestors as follows:

a) Use Exhibit A provided by the Department each week to determine the addresses are valid and located in Florida before mailing test kits. If an address is incorrect, the vendor will either provide the Department an updated address or they will remove the request from the tracking sheet and not distribute the test kit.

b) Ship short-term passive radon test kits to valid addresses received from the Department on Exhibit A tracking sheet within fourteen calendar days of sent date on Department email or by the due date provided by the Department, whichever is longer. Radon test kits will not be shipped to addresses outside of Florida.

c) Update and submit Exhibit A to the Contract Manager in

Microsoft Excel compatible format each week.

d) Notify the Contract Manager within one week when the number of remaining test kits reach 10% of the target number included in Exhibit B.

e) Provide and send a replacement test kit to the Requestor after being notified by the Department of a defective or damaged test kit. Replacement test kits must be sent within two weeks of being notified by the Department and be sent at no additional cost to the Requestor or the Department.

3) Analyze returned test kits as follows:

a) Conduct a qualitative assessment of each sample container once returned test kit is received and note any anomalies, such as broken or leaking canisters/containers/packages and any labeling or descriptive errors. In the event of discrepancies in the documentation form, breakage, or any condition that would compromise sample integrity, document in the Exhibit A tracking sheet and submit to the Contract Manager every week.

b) Analyze received test kits for radon using approved laboratory methods and with equipment approved by the National Radon Safety Board or the National Radon Proficiency Program within 7 calendar days of receipt.

Scope of Services

DOH22-039

Invitation to Bid Short Term Radon Test Kits Page | 19

c) Conduct quality control (QC) and quality assurance (QA) procedures per requirements of the National Radon Safety Board or the National Radon Proficiency Program. Ensure that all samples are properly stored, handled, and analyzed within the required holding time and document in the laboratory report. At a minimum, the following QA measures shall be conducted, documented on the Exhibit A tracking sheet, and submitted to the Contract Manager every two weeks:

(1) 10% of samples will be duplicate tests sent to requestors.

(2) 5% of samples will be spiked in a radon chamber or maximum 25 samples a month.

(3) 5% of samples will be blanks or maximum 25 samples a month.

4) Send laboratory results to the Requestor as follows:

a) Send laboratory report, indicating radon level, to the

Requestor either electronically or via mail as the test kits are analyzed. Any postage fees are the responsibility of the Provider.

b) Submit electronic copies of the test results to the

Department at RadonReports@flhealth.gov weekly with the Exhibit A form.

c) Submit electronic copies of Exhibit B along with invoices to the Department’s Contract Manager within 15 calendar days of completing each deliverable as specified.

b. Deliverables: Provider must complete or submit the following deliverables in the time and manner specified:

1) Weekly: Distribute short-term passive radon test kits to Requestors located within the state of Florida with submission of supporting documentation as specified in Task B.1.a.2).

2) Weekly: Analyze short-term passive radon test kits returned from Requestors as specified in Task B.1.a.3).

3) Weekly: Send laboratory results of test kits as specified in Task

B.1.a.4).

c. Performance Measures: Deliverables must be met at the following minimum level of performance:

1) Deliverable B.1.b.1):

a. Provide the meeting summary as specified.

mailto:RadonReports@flhealth.gov

Scope of Services

DOH22-039

Invitation to Bid Short Term Radon Test Kits Page | 20

b. Ship the short-term passive radon test kits as specified.

c. Update and submit the Exhibit A and B tracking sheets as specified.

2) Deliverable B.1.b.2):

a. Document and submit the qualitative assessments of sample containers as specified.

b. Analyze the short-term passive radon test kits as specified.

c. Conduct the quality control and quality assurance protocols as specified.

d. Update the Exhibit A and B tracking sheets as specified.

3) Deliverable B.1.b.3:

a. Submit the laboratory reports as specified.

b. Submit electronic copies of the test results as specified.

c. Submit the Exhibit B as specified.

2. Financial Consequences: Failure of Provider to complete or submit a deliverable in the time and manner specified will result in a reduction in payment for that deliverable as follows:

a. Deliverable B.1.b.1):

1. Failure to provide the meeting summary as specified will result in a fifteen percent reduction in the invoice amount.

2. Failure to ship the short-term passive radon test kits as specified will result in a five percent reduction in the invoice amount.

3. Failure to update and submit the Exhibit A and B tracking sheets as specified will result in a five percent reduction in the invoice amount.

b. Deliverable B.1.b.2):

1. Failure to document and submit the qualitative assessments of sample containers as specified will result in a five percent reduction in the invoice amount.

2. Failure to analyze the short-term passive radon test kits as specified will result in an eight percent reduction in the invoice

Scope of Services

DOH22-039

Invitation to Bid

Page | 21

3. Failure to conduct the quality control and quality assurance protocols as specified will result in a four percent reduction in the invoice amount.

4. Failure to update and submit the Exhibit A and B tracking sheets as specified will result in a five percent reduction in the invoice

c. Deliverable B.1.b.3):

1. Failure to submit the laboratory reports as specified will result in a five percent reduction in the invoice amount.

2. Failure to submit the electronic copies of the test results as specified will result in a five percent reduction in the invoice

3. Failure to update and submit the Exhibit B tracking sheets as specified will result in a five percent reduction in the invoice

3. Service Location and Times:

a. Location: Provider’s location.

b. Changes in Location: Notify the Department’s Contract Manager in writing within 7 days of any location change that will affect the Respondent’s ability to complete the deliverables under this contract.

c. Service Times: Services under this Contract must be provided Monday through Friday from 8:00 a.m. to 5:00 p.m., Eastern Standard Time, excluding State holidays.

4. Staffing Requirement:

a. Staffing Level: Provider must maintain an adequate administrative organizational structure and support staff sufficient to complete the deliverables under this contract.

b. Professional Qualifications: Provider is responsible for ensuring their staff affiliated with this Contract have the education, training, any professional licensure or certification that may be required, and the experience necessary to carry out their duties under this contract.

c. Subcontractors: The Department will allow subcontractors for the provision of services under this contract. Provider must obtain prior

Scope of Services

DOH22-039

Invitation to Bid Short Term Radon Test Kits Page | 22 written approval from the Contract Manager to subcontract or renew a subcontract with any other entity or person to perform any duties or services associated with this contract.

C. Method of Payment:

1. Payment: This is a unit cost, fixed price contract. The Department will pay the Provider upon completion of the deliverables as specified in Section B.1.b. and B.1.c, in accordance with the terms and conditions of this Contract, and the Provider’s price sheet, which is hereby incorporated by reference.

2. Unit of Service: A unit of service will consist of the completion of the required deliverable as specified in Section B.1.b.

3. Invoice Requirements: Provider must submit a properly completed invoice to the

Department’s Contract Manager within 15 calendar days of completing each deliverable as specified. At a minimum, each invoice must be submitted on the Respondent’s letterhead, contain a description of all deliverables for the invoice period, number of units delivered per deliverable, total amount due per deliverable, total invoice amount, invoice number, invoice date, and period of services.

D. Special Provisions:

1. Contract Renewal: This contract may be renewed on a yearly basis for no more than three years beyond the initial contract or for the original term of the contract, whichever is longer, and is subject to the same terms and conditions set forth in the initial contract. Renewals must be in writing, made by mutual agreement, and will be contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the Department and will be subject to the availability of funds.

2. Priority: This contract, its exhibits and attachments, ITB DOH22-039, Short Term

Radon Test Kits, and Respondent’s response to this ITB, contain all the terms and conditions agreed upon by the parties. In the event of any conflict among these documents, the order of precedence will be this contract, the ITB, and then the Respondent’s Response.

ATTACHMENT B

PRICE PAGE

Short Term Radon Test Kits Page | 23

A single award solicitation will be made to the responsive, responsible Respondent offering the lowest grand total for commodities and services requested in the ITB, including shipping.

Cost breakdowns for Cost A, Cost B and Cost C cannot be zero.

Unit price will control in the case of mathematical error(s).

The below prices submitted by the Respondent are all inclusive. There must be no additional costs charged to the Department for work performed under this Bid.

No changes should be made to the format of this price page. Any changes made to the price page may deem the Respondent’s Bid non-responsive and could be rejected.

**The estimated quantities specified herein are based on the Department’s anticipated need and for the purpose of award. The Department reserves the right to increase or decrease estimated quantities after contract award based on need and the availability of funding. All requests to order additional quantities will be using unit pricing.**

Initial Term First Year (2023-2024):

Description Unit Price per Test Kit

**Estimated Quantity of Test Kits

Total Price

Distribution of test kits (Deliverable B.1.b.1) $__________ x 5,000 = $______________

Analyzation of returned test kits (Deliverable B.1.b.2)

$__________ x 2,500 = $_______________

Sending results to Requestors (Deliverable B.1.b.3)

$__________ x 2,500 = $_______________

Initial Term First Year Total $_______________

Initial Term Second Year (2024-2025):

Description Unit Price per Test Kit

**Estimated Quantity

(Deliverable B.1.b.1) $__________ x 5,000 = $_________________

Analyzation returned test kits (Deliverable B.1.b.2)

$__________ x 2,500 = $_________________

Short Term Radon Test Kits Page | 24

Sending results to Requestors (Deliverable B.1.b.3)

Initial Term Second Year Total $_________________

Renewal Term First Year (2026-2027):

Test Kit

**Estimated Quantity

Analyzation returned test kits (Deliverable B.1.b.2)

$__________ x 2,500 = $_________________

Sending results to Requestors (Deliverable B.1.b.3)

Renewal Term First Year Total $_________________

Renewal Term Second Year (2027-2028):

Test Kit

**Estimated Quantity

Analyzation returned test kits (Deliverable B.1.b.2)

$__________ x 2,500 = $_________________

Sending results to Requestors (Deliverable B.1.b.3)

Renewal Term Second Year Total $_________________

Short Term Radon Test Kits Page | 25

Renewal Term Third Year (2028-2029):

Description Unit Price per Test Kit

**Estimated Quantity of Test Kits

Total Price

Distribution of test kits (Deliverable B.1.b.1) $__________ x 5,000 $_________________

Analyzation returned test kits (Deliverable B.1.b.2) $__________ x 2,500 $_________________

Sending results to Requestors (Deliverable B.1.b.3)

$__________ x 2,500 $_________________

Renewal Term Third Year Total $_________________

Grand Total:

Initial Term Total

Initial Term 1st Year + 2nd Year = $_______________________

Renewal Term Total:

Renewal Term 1st Year + 2nd Year + 3rd Year = $_______________________

Grand Total:

Initial Term + Renewal Term = $_______________________

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone: Fax Number:

E-Mail Address:

Federal Employer Identification Number (FEID):

BY AFFIXING MY SIGNATURE ON THIS BID TITLE PAGE, I HEREBY STATE THAT I HAVE READ THE

ENTIRE ITB TERMS, CONDITIONS, PROVISIONS, AND SPECIFICATIONS AND ALL ITS

ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001.

I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Purchase Order including those contained in the Department’s Purchase Order Terms and Conditions.

Short Term Radon Test Kits Page | 26

Signature of Authorized Representative:

Printed (Typed) Name and Title:

*An authorized representative is an officer of the Respondent’s organization who has legal authority to bind the organization to the provisions of this Bid. Documentation establishing delegated authority must be included with the Bid if signed by someone other than the authorized representative.

ATTACHMENT C

PRIOR EXPERIENCE FORM

DOH22-039

Invitation to Bid Short Term Radon Test Kits Page | 27

Provider’s Name: _______________________________________________________

Providers must provide contact information for three entities the Respondent has provided services of a similar size and nature of those requested in this solicitation. Respondents must use this experience form to provide the required information. The Department reserves the right to contact any and all entities in the course of this solicitation in order to verify experience.

1.

Company/Agency Name:

Address:

City, State, Zip:

Contact Name:

Contact Phone:

Contact Email Address:

General Description of Work (related to the scope of this solicitation):

Service Dates: Services began:________ Services ended: _________

Approximate Contract Value: $

2.

Company/Agency Name:

Address:

City, State, Zip:

Contact Name:

Contact Phone:

Contact Email Address:

General Description of Work

ATTACHMENT C

PRIOR EXPERIENCE FORM

DOH22-039

Invitation to Bid Short Term Radon Test Kits Page | 28

3.

Company/Agency Name:

Address:

City, State, Zip:

Contact Name:

Contact Phone:

Contact Email Address:

General Description of…