DOT-ITB-23-1325-JC REBID Shell.pdf

State of Florida Department of Transportation

INVITATION TO BID

FDOT DISTRICT ONE - LED HIGHWAY LIGHTING FIXTURES and

PARTS

DOT-ITB-23-1325-JC REBID

CONTACT FOR QUESTIONS:

Jeannie Carter, Procurement Agent III E-Mail: D1-Purchasing@dot.state.fl.us

Phone: (863) 519-2610 801 North Broadway Avenue

Bartow, Florida 33830

State of Florida Department of Transportation

D1 - Procurement Office 801 North Broadway Ave.

Bartow, FL 33830

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

TO D1-Purchasing@dot.state.fl.us

Bid Number: DOT-ITB-23-1325-JC REBID

Title: FDOT DISTRICT ONE - LED HIGHWAY LIGHTING FIXTURES and PARTS

Bid Due Date & Time (On or Before): 05/25/2023 @ 8:00 A.M.

Bid Opening Date & Time: 05/25/2023 @ 1:00 P.M.

Posting of Intended Decision/Award Date & Time: 05/25/2023 @ 4:00 PM

Potential bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below and submit, this sheet only, to the Florida Department of Transportation Procurement Office by email to D1-Purchasing@dot.state.fl.us.

THE INVITATION TO BID DOCUMENT YOU RECEIVED IS SUBJECT TO

CHANGE. Notice of changes (Addenda), will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/, under this bid number, click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Invitation to Bid, click on the drop-down arrow beside the box for Organization, select FLORIDA DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Advertisement Search. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

Company Name:

Address:

City, State, Zip:

Telephone: ( )

Contact Person:

E-Mail Address: _____________________________________________ _____

For further information on this process, e-mail, or telephone:

Jeannie Carter: D1-Purchasing@dot.state.fl.us or (863) 519-2610

EXHIBIT "A"

SCOPE OF SERVICES

DOT-ITB-1325-JC REBID

FDOT District One - LED Highway Lighting Fixtures and Parts

The Vendor shall furnish only luminaires listed in the Department’s Approved Product List (APL) containing light emitting diodes (LED) as the light source. The luminaires must comply with the Florida Department of Transportation Standard Specifications Section 992 Highway Lighting Materials.

Method of Measurement Luminaires - The Contract Unit Price will include luminaire with lamp and all the necessary mounting hardware per each. No quantities will be guaranteed. Shop drawings are required.

Shields –Shields for each fixture, house side and street side shall be independent costs from the luminaires costs to purchase with luminaires on an as needed basis.

Tenons - Tenons are slip fitters for fixture mount locations where the fixture pole top or truss mount is not the standard 2 3/8" or 2" schedule 40 mount. The tenons/slip fitters are connectors to reduce or increase the diameter size to change the mount diameter the 2" schedule 40 nominal size.

Basis of Payment Unit Prices will be per each item and will be full compensation for all items including the delivery to any of the following Counties within District One Florida Department of Transportation:

Collier, Lee, Charlotte, Sarasota, Manatee, Polk, Hardee, DeSoto, Highlands, Glades, Hendry, and Okeechobee. Delivery locations to be specified at the time of order.

Payment shall be made per the prices on the Bid Sheet in Exhibit B.

A-1

EXHIBIT “ B”

BID SHEET

DOT-ITB-23-1325-JC REBID

FDOT- District One-LED Highway Lighting

Fixtures And Parts All products must comply with Standard Specification 992 and be on the Approved Products List found on the following websites:

Lighting bracket arms shall comply with Standard Plans 649-031 and 715-002 https:/ / fdotwp1.dot.state.fl.us/ApprovedProductList/ProductTypes/ Index/611 and https:/ / fdotwp1.dot.state.fl.us/ApprovedProductList/ProductTypes/ Index/648

ALL INFORMATION IN BID ITEMS BELOW SHALL BE TYPED IN AND NOT HAND WRITTEN

*SUPPLIERS CAN SUBMIT MULTIPLE PRODUCTS / MANUFACTURERS AS NEEDED - COPY THIS BID SHEET

IFMULTIPLEPRODUCTSAREPROPOSEDIDENTIFYBYUNIQUEPRODUCTNUMBERINSEQUENTIALORDER.

NOTE: MULTIPLEVENDORSWILLBEAWARDED

BID AS SPECIFIED

PRODUCT NAME: (TYPE IN NAME) ______________________________________________________________________ PRODUCT TYPE: LEDLuminaire Conventional, 120 VOLT& 480 VOLT

MODEL NUMBER: (TYPE IN MODELS) ______________________________________________________________________ SUPPLIER: TYPE IN SUPPLIER: (TYPE IN SUPPLIER) ______________________________________________________________________ APPROVED PRODUCT LIST # (TYPE IN 715 PAYITEM NUMBER): _____________________________________________________

200 TO 400 LED

EQUIVALENT PHOTOMETRIC TYPE LED CATALOG NO. UNIT BID PRICE

WATTAGE

R2 3K EA

R3 3K EA

R4 3K EA

R5 3K EA

R2 3K EA

R3 3K EA

R4 3K EA

R5 3K EA

R2 3K EA

R3 3K EA

R4 3K EA

R5 3K EA

R2 3K EA

R3 3K EA

R4 3K EA

R5 3K EA

R2 3K EA

R3 3K EA

R4 3K EA

R5 3K EA

R2 4K EA

R3 4K EA

R4 4K EA

R5 4K EA

R2 4K EA

R3 4K EA

R4 4K EA

R5 4K EA

R2 4K EA

R3 4K EA

R4 4K EA

B-1

R5 4K EA

R2 4K EA

R3 4K EA

R4 4K EA

R5 4K EA

R2 4K EA

R3 4K EA

R4 4K EA

R5 4K EA

Light Shields TYPE LED CATALOGNO. UNIT BID PRICE

HSS EA

SS EA

HSS EA

SS EA

HSS EA

SS EA

HSS EA

SS EA

TENONS TYPE LED CATALOGNO. UNIT BID PRICE

3" TO 2" EA

* If additional luminaire products are offered, please submit in the above format.

PRODUCT NAME: (TYPE IN NAME) _________________________________________________________________________________________

PRODUCT TYPE: ALUMINUM AND GALVANIZED BRACKET ARMS FOR LIGHTING

MODEL NUMBER: (TYPE IN MODEL NUMBER) _________________________________________________________________________ SUPPLIER: TYPE IN SUPPLIER: (TYPE IN SUPPLIER) ________________________________________________________________________

APPROVED PRODUCT LIST (TYPE IN 715 AND 649

PAY ITEM NUMBERS) #: _________________________________________________________________________________________

NOTE: SHOP DRAWINGS REQUIRED FOR EACH

LIGHTINGBRACKET MATERIAL TYPE LED CATALOG NO. UNIT BID PRICEARM LENGTH

5' ALUMINIUM EA

10' ALUMINIUM EA

15' ALUMINIUM EA

5' GALVANIZED EA

10' GALVANIZED EA

15' GALVANIZED EA

PRODUCT NAME: (TYPE IN NAME) ________________________________________________________________________ PRODUCT TYPE: LIGHTING BRACKET ARMS TO CLAMP MOUNT TO POLES - WOOD / CONCRETE / STEEL

MODEL NUMBER: (TYPE IN MODEL NUMBER) ________________________________________________________________________ SUPPLIER: TYPE IN SUPPLIER: (TYPE IN SUPPLIER) ________________________________________________________________________

APPROVED PRODUCT LIST #: _________________________________________________________________________________________

NOTE: SHOP DRAWINGS REQUIRED FOR EACH

LIGHTINGBRACKET MATERIAL TYPE LED CATALOG NO. UNIT BID PRICEARM LENGTH

5' ALUMINIUM EA

10' ALUMINIUM EA

15' ALUMINIUM EA

5' GALVANIZED EA

10' GALVANIZED EA

15' GALVANIZED EA

B-2

PRODUCT NAME: (TYPE IN NAME) _____________________________________________________________________________________

PRODUCT TYPE: LIGHTING BRACKET ARMS TO BOLT MOUNT ON POLES - WOOD / CONCRETE / STEEL MODEL NUMBER: (TYPE IN MODELS) _______________________________________________________________________ SUPPLIER: TYPE IN SUPPLIER: (TYPE IN SUPPLIER) _______________________________________________________________________

APPROVED PRODUCT LIST #: _______________________________________________________________________________________

NOTE: SHOP DRAWINGS REQUIRED FOR EACH

LIGHTINGBRACKET MATERIAL TYPE LED CATALOG NO. UNIT BID PRICEARM LENGTH

5' ALUMINIUM EA

10' ALUMINIUM EA

15' ALUMINIUM EA

5' GALVANIZED EA

10' GALVANIZED EA

15' GALVANIZED EA

Total Bid Price____________________

***Please refer to scope for details

***Freight, Shipping, Tax, and any other charges must be included in total price

DELIVERY: PLEASE INDICATE HOW MANY DAYS DELIVERY WILL BE MADE AFTER RECEIPT OF

PURCHASE ORDER _________________________________________

MFMP TRANSACTION FEE:

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the 1% MFMP Transaction Fee in accordance with the attached form PUR 1000 General Contract Conditions #14.

NOTE:

In submitting a response, the bidder acknowledges they have read and agree to the solicitation terms and conditions and their submission is made in conformance with those terms and conditions.

ACKNOWLEDGEMENT:

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 the requirements of the solicitation.

Bidder:_______________________________________________________ FEID#_____________________________

Address:__________________________________________ City, State, Zip_________________________________

Phone:___________________________________ E-mail:______________________________________________

Authorized Signature:___________________________________________ Date:____________________________

Printed/Typed:_________________________________________________ Title:____________________________

B-3

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-040-56

PROCUREMENTIN-STATE PREFERENCE FORM OGC – 03/13

For Invitation-to-Bid Commodity

Bid Number: DOT-ITB-23-1325-JC REBID Title: FDOT DISTRICT ONE - LED HIGHWAY LIGHTING FIXTURES AND PARTS

Pursuant to Section 287.084, Florida Statutes, relating to the Florida-based business preference, effective July 1, 2012:

In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state of Florida and that state where the vendor’s principal place of business is located does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent.

Note: The Vendor is required to complete and submit this form with its bid to be considered for this preference.

Vendor Name:

Vendor FEIN:

The Vendor (does ) (does not ) have a principal place of business located in the state of Florida.

If so, please provide an address:

Note: A vendor whose principal place of business is outside the state of Florida must accompany any written bid documents with a written opinion of an attorney licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business is in that foreign state in the letting of any or all public contracts.

Authorized Signature:

Title:

Date:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-031-06

PROCUREMENTE-VERIFY OGC – 10/21

Contract No: DOT-ITB-23-1325-JC REBID Financial Project No(s): 432728-2-72-36 & 201610-1-A1-02

Project Description: FDOT District One - LED HIGHWAY LIGHTING FIXTURES and PARTS

In accordance with the contract, the Vendor/Consultant/Contractor hereby acknowledges and certifies compliance with Section 448.095, Florida Statutes. The Vendor/Consultant/Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Vendor/Consultant/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system. The Vendor/Consultant/Contractor shall comply with Section 448.095, Florida Statutes, for the duration of the contract term, including any extensions or renewal periods.

Company/Firm:

Authorized Signature:

Title:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-040-24

PROCUREMENTMBE PLANNED UTILIZATION

12/09

PROCUREMENT NO. FINANCIAL PROJECT NO. 432728-2-72-36 and 201610-1-A1-02

(DEPARTMENT USE ONLY)

FDOT DISTRICT ONE - LED HIGHWAY LIGHTING FIXTURES and PARTSDESCRIPTION:

,I, (name) (title) of plan to subcontract at least % (percent) of the project costs on the above referenced project to Minority Business Enterprises.

If I have indicated above that a portion of the project costs will be subcontracted to MBE(s), the firms considered as proposed subconsultants/contractors and the types of services or commodities to be subcontracted are as follows:

MBE SUBCONSULTANTS/CONTRACTORS TYPES OF SERVICES/COMMODITIES

I understand that I will need to submit Minority Business Enterprises (MBE) payment certification forms to the Department for reporting purposes only.

Signed:

Title:

DOT-ITB-23-1325-JC REBID

375-040-18STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PROCUREMENTDRUG-FREE WORKPLACE PROGRAM CERTIFICATION 03/17

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's 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 (1), 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.

Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statutes, as stated above?

YES

NO

NAME OF BUSINESS:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-60

Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT

287.135 SCRUTINIZED COMPANIES LISTS OGC – 06/18

Respondent Vendor Name: _____________________________________________________

Vendor FEIN: ___________________

Vendor’s Authorized Representative Name and Title: ___________________________________

Address: ______________________________________________________________________

City: _____________________ State: _____________________________ Zip: ______________

Phone Number: ____________________________________

Email Address: _

Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 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, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. 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.

Certified By: __________________________________________________________ who is authorized to sign on behalf of the above referenced company.

Authorized Signature Print Name and Title: _________________________________________

I N T R O D U C T I O N S E C T I O N

1) INVITATION

The purpose of this Invitation to Bid is to obtain competitive bids for the purchase of FDOT DISTRICT ONE- LED HIGHWAY LIGHTING FIXTURES and PARTS by the Department of Transportation, hereafter referred to as the "Department".

All commodities identified in this Invitation to Bid will be subject to the availability of identical commodities as provided by mandatory Department of Management Services' State Contract(s) at such time these commodities become available. In the event of duplication(s) of commodities, the Department of Management Services' mandatory State Contract shall prevail.

2) TIMELINE

Provided below is a list of critical dates and actions. These dates are subject to change. Notices of changes (Addenda) will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (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 your bid.

ACTION / LOCATION DATE LOCAL TIME

DEADLINE FOR TECHNICAL QUESTIONS - 05/12/2023 2:00 P.M.

(There is no deadline for administrative questions)

BIDS DUE (ON OR BEFORE) - 05/25/2023 8:00 A.M.

Bids are to be electronically submitted to:

D1.Purch@dot.state.fl.us

PUBLIC OPENING - 05/25/2023 1:00 P.M.

FDOT

801 North Broadway Avenue Bartow, Florida 33830

POSTING OF INTENDED DECISION/AWARD 05/25/2023 4:00 P.M.

3) BID OPENING AGENDA

The sealed bids will be opened by the Department's Procurement Office personnel at the date, time, and location in the Timeline. All bid openings are open to the public and will be conducted according to the following agenda:

Opening remarks – Approximate time of 2 minutes by Department Procurement Office personnel.

Public input period – To allow a maximum of 15 minutes total for public input related to the bid solicitation.

Bids opened – At conclusion of public input or 15 minutes, whichever occurs first, bids received timely will be opened with bidder’s name and prices to be read aloud.

Adjourn - After all bids received timely have been opened, the meeting will be adjourned.

4) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-bid conference, public meeting, and/or opening shall contact the contact person at the phone number or e-mail address provided on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800)

955-8771 (TDD).

S P E C I A L C O N D I T I O N S

1) MyFloridaMarketPlace (MFMP)

BIDDERS MUST BE ACTIVELY REGISTERED IN THE STATE OF FLORIDA’S

MYFLORIDAMARKETPLACE SYSTEM BY THE TIME AND DATE OF THE BID OPENING OR THEY MAY

BE CONSIDERED NON-RESPONSIVE (see Special Condition 21). 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.

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the 1.00% MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #14. The Transaction Fees imposed shall be based upon the date of issuance of the payment.

2) FLORIDA DEPARTMENT OF FINANCIAL SERVICES (DFS) W-9 REQUIREMENT

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.

3) QUESTIONS & ANSWERS

In accordance with 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 or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

Any technical questions arising from this Invitation to Bid must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline.

The Department’s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (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.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

JEANNIE CARTER

E-mail: D1-Purchasing@dot.state.fl.us

Questions regarding administrative aspects of the bid process should be directed to the Procurement Agent in writing at the e-mail address above or by phone: (863) 519-2610.

4) ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO BID (ADDENDA)

No negotiations, decisions, or actions will be initiated or executed by a bidder as a result of any oral discussions with a State employee. Only those communications which are in writing from the Department will be considered as a duly authorized expression on behalf of the Department.

Notices of changes (Addenda) will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (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 your bid. All Addenda will be acknowledged by signature and subsequent submission of Addenda with bid when so stated in the Addenda.

5) DIVERSITY ACHIEVEMENT

The Department, in accordance with Title VI of the Civil Rights Act of 1964, 42 USC 2000d- 2000d-4, Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that the Department will affirmatively ensure that in any contract/agreement entered into pursuant to this advertisement, minority and disadvantaged business enterprises will be afforded the full opportunity to submit bids in response to this invitation and will not be discriminated on the basis of race, color, national origin, or sex in consideration for an award.

The Department encourages the recruitment and utilization of small, minority, women, and service-disabled veteran businesses. The Department, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that small, minority, women, and service-disabled veteran businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment.

6) PRICES/DELIVERY

Prices shall be firm, net, delivered prices, F.O.B. destination.

7) IN-STATE PREFERENCE FOR COMMODITY BIDS

In accordance with Section 287.084, Florida Statutes, when the lowest responsible and responsive bid is submitted by a vendor whose principal place of business is located outside the state of Florida, a 5% price preference shall be awarded to the lowest responsible and responsive vendor whose principal place of business is located in the state of Florida, as determined by the vendor’s registration with the Florida Department of State (SunBiz) unless the state where the out-of-state vendor is located provides a price preference for businesses having a principal place of business in that state. In that case, the same price preference shall be awarded to the lowest responsible and responsive vendor whose principal place of business is located in the state of Florida responding to this Invitation to Bid (ITB).

All bidders MUST complete the attached “In-State Preference Form” and submit with their bid response. All vendors whose principal place of business is outside of Florida, as determined by the vendor’s registration with the Florida Department of State (SunBiz), must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. Failure to submit the “In-State Preference Form AND written opinion will result in the vendor being found non-responsive.

For the 5% preference, the Department will apply 5% to the bid price(s) of the lowest out of state vendor whose state does not grant a preference if that vendor has submitted the lowest responsible and responsive bid. The “In-State Preference” does not apply to transportation projects that use federal funds.

8) INTENDED AWARD

As the best interest of the State may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof: on a geographical district basis and / or on a statewide basis with one or more suppliers, to reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is competition to the lowest responsible bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions, unless their bid has been evaluated as being responsive. All awards made as a result of this bid shall conform to applicable Florida Statute. If the Department is confronted with identical pricing or scoring from multiple vendors, the Department shall determine the order of award using the following criteria, in the order of preference listed below (from highest priority to lowest priority):

1. Section 295.187(4), Florida Statutes; Veteran Business Enterprise

2. Section 287.087, Florida Statute; Drug Free Work Place

3. Section 287.057(11); Minority Business Enterprise

In the event that the application of the above referenced preferences does not resolve the identical replies, the Department shall determine the award by means of random drawing.

9) PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD.

10) ALTERNATES

ALTERNATE BRANDS WILL NOT BE CONSIDERED FOR THIS BID. BID AS SPECIFIED.

11) WARRANTY/SUBSTITUTIONS

A warranty is required on all items purchased against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria, for a period of not less than ninety (90) days from the date of acceptance by the purchaser. Any deviation from these criteria must be documented in the bid response or the above statement shall prevail. Delivery of substitute commodities requires prior written approval from the ordering location.

12) REPLACEMENT/RESTOCKING

Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor.

13) PRODUCT REQUIREMENTS/SPECIFICATIONS

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

14) ACCEPTANCE

All items listed in the specifications, delivered to the Department not meeting specifications or found to be poorly manufactured will not be accepted, but returned to the vendor, at their expense, for replacement.

Replacement of all items found defective shall be made without cost to the Department, including transportation, if applicable. As it may be impossible for each facility to inspect all items upon arrival, a reasonable opportunity must be given to these facilities for inspection of the items and returning those that are defective.

15) REVIEW OF BIDDER'S FACILITIES & QUALIFICATIONS

After the bid due date and prior to contract execution, the Department reserves the right to perform or to have performed, an on-site review of the bidder's facilities and qualifications. This review will serve to verify data and representations submitted by the bidder and may be used to determine whether the bidder has adequate facilities, equipment, qualified and experienced staff, and overall management capabilities to provide the required items. The review may also serve to verify whether the bidder has financial capabilities adequate to meet the contract requirements.

Should the Department determine that the bid package has material misrepresentations or that the size or nature of the bidder's facilities, equipment, management capabilities, or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory contract performance, the Department has the right to reject the bid.

16) PROTEST OF INVITATION TO BID SPECIFICATIONS

Any person who is adversely affected by the contents of this Invitation to Bid must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after the posting of the solicitation (the notice of protest may be Faxed to 850-414-5264), and

2. A formal written protest 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.

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.

17) 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.

18) SCRUTINIZED COMPANIES LISTS

ALL Responses, regardless of dollar value, must include a completed Vendor Certification Regarding Scrutinized Companies Lists to certify the respondent is not on either of those lists. The Form should be submitted with the Price Proposal.

A Vendor is ineligible to enter into a contract with the Department for goods or services of any amount if, at the time of entering into such contract, the Vendor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or services of $1 million or more that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

If the Department determines the Vendor submitted a false certification under Section 287.135 of the Florida Statutes, the Department shall either terminate the Contract after it has given the Vendor notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135 of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135 of the Florida Statutes are met.

19) RESERVATIONS

The Department reserves the right to accept or reject any or all bids 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 submitted to 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 the Department's official file, without obligation to the Department.

20) ADDITIONAL TERMS & CONDITIONS

No conditions may be applied to any aspect of the ITB by the bidder. Any conditions placed on any aspect of the bid documents by the bidder may result in the bid being rejected as a conditional bid (see “RESPONSIVENESS OF BIDS”). DO NOT WRITE IN CHANGES ON ANY ITB SHEET. The only recognized changes to the ITB prior to bid opening will be a written Addenda issued by the Department.

21) RESPONSIVENESS OF BIDS

Bids will not be considered if not received by the Department on or before the date and time specified as the due date for submission. All bids must be typed or printed in ink. A responsive bid is an offer to provide the items specified in this Invitation to Bid in accordance with all requirements of this Invitation to Bid. Bids found to be non-responsive will not be considered. Bids may be rejected if found to be irregular or not in conformance with the specifications and instructions herein contained. A 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 specifications, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. Other conditions which may cause rejection of bids include, evidence of collusion among bidders, obvious lack of experience or expertise to provide the required items, and failure to perform or meet financial obligations on previous contracts. ALL determinations of responsiveness will be made by the FDOT Procurement Office.

22) REQUIRED DOCUMENTS

The bidder must use the attached Bid Sheet to submit its bid. The Bid Sheet must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All bid sheets and other documentation submitted in response to this solicitation must be executed and submitted in a sealed envelope. Indicate the bid number, with the time and date of the bid opening, on the envelope used to return the bid.

23) "DRUG-FREE WORK PLACE" PREFERENCE

Whenever two or more bids which are equal with respect to price, quality, and service are received, the Department shall determine the order of award first in accordance with section 295.187(4), Florida Statutes, giving preference to “Veteran Business Enterprise” then to bid responses from vendors that certify the business has implemented a drug-free workplace program in accordance with Section 287.087, Florida Statutes. The “Drug-Free Workplace Program Certification” must be completed and submitted with the bid response to be eligible for this preference.

24) COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of a bid only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department 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.

25) 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 Invitation to Bid, DOT- ITB-23- 1325-JC- 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 bid will be considered waived by the Bidder upon submission, effective after opening.

26) ELECTRONIC SUBMISSION OF PROPOSALS:

Electronic Bid Submittals

Please follow the below instructions for the submittal of electronic bids, failure to do so, may result in your bid being found non-responsive. Non-responsive replies will not be evaluated.

a) Subject line must show: DOT-ITB-23-1325-JC REBID

b) Email shall contain one file attachment marked as the following: DOT-ITB-23-1325-JC REBID

Bid Submittal

c) Documents shall be submitted in portable document format (PDF) and have a size limit of 25MB.

d) The body of the email shall not contain any information.

e) Bids shall be submitted to: D1.Purch@dot.state.fl.us

It is the bidder’s responsibility to assure that the bid is delivered to the proper place on or before the Bid Due date and time (See Introduction Section 2 Timeline). Bids which for any reason are not so delivered, will not be considered.

27) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Bidders may modify submitted bids at any time prior to the bid due date. Requests for modification of a submitted 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 bid will be returned to the bidder and not considered unless resubmitted by the due date and time.

28) POSTING OF INTENDED DECISION/AWARD

28.1 - General:

The Department’s decision will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com on the date in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any bidder who is adversely affected by the Department's recommended award or intended decision must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after posting of the Intended Award (the notice of protest may be Faxed to 850-414-5264), 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 Department 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.

28.2 - Inability to Post:

If the Department is unable to post as defined above, the Department will notify all bidders by electronic notification on the Florida Vendor Information Portal (see special condition 28.1, above) and/or telephone.

The Department will provide notification of any future posting in a timely manner.

28.3 - Request to Withdraw Bid:

Requests for withdrawal will be considered if received by the Department, 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.

29) AWARD OF THE CONTRACT

The Department will issue a Purchase Order.

30) RECYCLED MATERIAL

The Department encourages the use of products and materials with recycled content and post-consumer recovered materials. If the item(s) specified herein is available with recycled content, we request that you provide product information to help in our search for recycled products. However, this bid request is for the product as specified herein and does not require prices for recycled product unless specified.

This information should be sent separately and not as a part of your bid response.

31) ATTACHED FORMS

The Bidder must complete all required items below and submit them as part of the Bid package. Any Bid in which these forms are not used or in which these forms are improperly executed may be considered non-responsive and the bid may be subject to rejection.

Exhibit “A” Technical Specifications (Pages A-3) Exhibit “B” Bid Sheet (Pages B-1, B-2, & B-3) In-State Preference Form For Invitation-to-Bid Commodity (Form 375-040-56) E-Verify (Form 375-031-06) MBE Planned Utilization (Form 375-040-24) Drug-Free Workplace Program Certification (Form 375-040-18) Vendor Certification Regarding Scrutinized Companies Lists (Form 375-030-60)

32) TERMS AND CONDITIONS

32.1 General Contract Conditions (PUR 1000)

The State of Florida’s General Contract Conditions are outlined in form PUR 1000, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document will take precedence over the PUR 1000 form where applicable.

http://www.dms.myflorida.com/content/download/2933/11777/1000.pdf

The following paragraphs do not apply to this Invitation to Bid:

Paragraph 31, Dispute Resolution - PUR 1000

Paragraph 40, PRIDE – PUR 1000, when federal funds are utilized.

32.2 General Instructions to Respondents (PUR 1001)

The State of Florida’s General Instructions to Respondents are outlined in form PUR 1001, which is a downloadable document incorporated into this Invitation to Bid (ITB) by reference. Any terms and conditions set forth in this ITB document take precedence over the PUR 1001 form where applicable.

http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf

The following paragraphs do not apply to this Invitation to Bid:

Paragraph 3, Electronic Submission – PUR 1001 Paragraph 4, Terms and Conditions – PUR 1001 Paragraph 5, Questions – PUR 1001

32.3 MFMP Purchase Order Terms and Conditions

All MFMP Purchase Order contracts resulting from this solicitation will include the terms and conditions of this solicitation and the State of Florida’s standardized Purchase Order Terms and Conditions, which can be found at the Department of Management Services website at the following link:

http://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf Section 8(B), PRIDE, is not applicable when using federal funds.

33) ORDER OF PRECEDENCE

All responses are subject to the terms and conditions of this solicitation, which, in case of conflict, shall have the following order of precedence listed:

Exhibit “A” Technical Specification (Pages A-1) Exhibit “B” Bid Sheet (Pages B-1, B-2, & B-3) In-State Preference Form For Invitation-to-Bid Commodity (Form 375-040-56) E-Verify (Form 375-040-56) MBE Planned Utilization (Form 375-040-24) Drug-Free Workplace Program Certification (Form 375-040-18) Vendor Certification Regarding Scrutinized Companies Lists (Form 375-030-60) MFMP Purchase Order Terms and Conditions – Section 8(B), PRIDE, is not applicable when using federal funds.

General Instructions to Respondents (PUR 1001) General Contract Conditions (PUR 1000) Introduction Section

BID CHECKLIST

(DOES NOT NEED TO BE RETURNED WITH YOUR BID RESPONSE)

This Checklist is provided as a guideline, only, to assist bidders in the preparation of their bid response.

Included are some important matters that the bidder should check. This checklist is just a guideline and is not intended to include all matters required by the ITB. Bidders are responsible to read and comply with the ITB in its entirety.

Check off each the following:

____ 1. The “Bid Sheet” has been filled out completely, signed, and enclosed in the bid response.

____ 2. The Federal Employers Identification Number or Social Security Number has been entered in the space provided.

____ 3. “Drug-Free Workplace Program Certification” form has been read, signed, and enclosed in the bid response, if applicable.

____ 4. “Scrutinized Companies Lists” certification form has been read, signed, and enclosed in the bid response.

____ 5. The Technical Specifications section has been thoroughly reviewed for compliance to the bid requirements.

____ 6. The prices bid have been reviewed for accuracy and all price corrections have been initialed in ink.

____ 7. The https://vendor.myfloridamarketplace.com/ website has been checked and any Addendums posted have been completed, signed, and included in the bid response.

____ 8. The bid response must be received, at the location specified, on or before the Bid Due Date and Time designated in the ITB.

____ 9. Electronic Submission of Proposal guidelines laid out in Special Condition 27 are strictly followed.