FDC ITB-24-149.pdf

Invitation to Bid (ITB)

Statewide Disaster Debris Removal

FDC-ITB-24-149

Regina Morrison, Procurement Officer Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399

Table of Contents

SECTION 1: Definitions

SECTION 2: Introduction

2.1 Overview

2.2 ITB Timeline

SECTION 3: Key Information

3.1 Background

3.2 Statement of Purpose

3.3 ITB Outcome

SECTION 4: Statement of Work

4.1 Specifications

4.2 Warranty Requirements

4.3 Performance Measures and Financial Consequences

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

5.2 Vendor Questions

5.3 Vendor Ombudsman

5.4 Bid Submissions

5.5 Other Vendor Requirements

5.6 Public Bid Opening

5.7 Bid Evaluation

5.8 No Prior Participation or Conflict of Interest

5.9 Protest Procedures

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

6.2 Environmental Considerations

6.3 Intellectual Property

6.4 Insurance

6.5 PCard Payments

6.6 Special Conditions

Attachment I – Price Sheet

Attachment II – Service Areas

Attachment III – Vendor's Contact Information and Certification

Attachment IV – Certification of Drug-Free Workplace Program

Attachment V – Security Requirements for Contractors

Attachment VI – Vendor Certification Form (PUR 7801)

Attachment VII – Use of Coercion for Labor and Services (PUR 2024)

Attachment IX – Service Locations

[Remainder of Page Left Blank Intentionally]

SECTION 1: Definitions

The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Agency Term Contract (ATC or Contract): The written Contract between the Department and the successful Vendor, which results from this ITB and is mandatory for use by the entire Department.

1.2 Bid: A Vendor’s response to this ITB.

1.3 Business Day: Days Monday through Friday, excluding State holidays or other official closures.

1.4 Contract Manager: The Department employee, or designee, who will serve as a liaison between the

Contractor and Department under the Contract, and will monitor the Contractor’s progress and Contract performance to ensure the procured products and services conform to the Contract’s requirements.

1.5 Contractor: A legally qualified corporation, partnership, or other business entity that submitted a Bid to the Department in response to this ITB and is awarded this contract.

1.6 Day: A calendar day, unless otherwise noted.

1.7 Department or FDC: The Florida Department of Corrections.

1.8 Emergency: Department-declared emergency under 287.057 F.S., or a State-declared emergency pursuant to an Executive Order issued by the Office of the Governor.

1.9 Incident Commander: The Department-appointed staff member responsible for developing a command during a disaster or Emergency.

1.10 Material Deviation(s): A deviation from the requirements and specifications herein, which, in the

Department’s sole discretion, is not in substantial accord with the requirements and specifications, provides a significant competitive advantage to one Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

1.11 Minor Irregularity: A variation from the requirements and specifications herein that does not give the

Vendor a significant competitive advantage or benefit not enjoyed by other Vendors, and does not adversely impact the Department’s interests.

1.12 Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the Visa platform.

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

1.14 Responsive Bid: A Bid, submitted by a Responsible Vendor, which conforms to all material aspects of this ITB.

1.15 Vendor: A legally qualified corporation, partnership, or other business entity submitting a Bid to the

Department in response to this ITB.

SECTION 2: Introduction

2.1 Overview

The Department has a need to procure debris removal services for locations statewide. Services procured under this solicitation will ensure the continued access and use of the Department’s institutions and offices during and after an emergency occurs.

2.2 ITB Timeline

The Department established the following Timeline for this ITB. Each Vendor must adhere to this Timeline and any Timeline revision(s). The Department will post Timeline revisions as an addendum to the ITB in accordance with Section 3.2.1. All references to the “Timeline” herein refer to the Timeline in this Section.

All times below are Eastern Time (E.T.)

Event Occurrence Location

ITB Advertised May 9, 2025 Vendor Information Portal (VIP) https://vendor.myfloridamarketplace.com

Deadline for Vendors to Submit Questions and

Requests to bid Equivalent Items

May 19, 2025 By 2:00 pm ET

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Regina Morrison Subject: FDC ITB-24-149 Statewide Debris

Removal

Anticipated Date the Department will Advertise its Answers to Vendors'

Questions May 30, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com

Bid Deadline and Time of the Department’s

Public Bid Opening

June 13, 2025 At 2:30 pm

Florida Department of Corrections Attn: Regina Morrison

Subject: FDC ITB-24-149 Statewide Disaster Debris Removal

501 S. Calhoun Street Tallahassee, FL 32399

Anticipated Date the Department will Advertise its Agency Decision July 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com

SECTION 3: Key Information

3.1 Background

As Florida’s largest agency and the third-largest state prison system in the United States, the Department has approximately 24,000 full-time employees, incarcerates approximately 85,000 inmates, and supervises nearly 145,000 offenders in the community. The Department’s Office of Institutions manages 143 facilities statewide, including major institutions, annexes, work camps, road prisons, forestry camps, re-entry centers, and community release centers. The Department’s Office of Community Corrections monitors and supervises adult offenders out of 130 offices within 20 judicial circuits. The Department divides its operations geographically into four (4) regions: Region I (the Panhandle), Region II (North Florida), Region III (Central Florida), and Region IV (South Florida). Each region has a Regional Director of Institutions who supervises all Wardens in that region and a Regional Director of Community Corrections who supervises all Circuit Administrators in that region.

3.2 Statement of Purpose

The purpose of this ITB is to secure Responsive Bids from Responsible Vendors to provide debris removal services listed in Attachment I - Price Sheet, for the service locations listed in Attachment VII, Service Locations. The Department is issuing this ITB to establish an ATC with each awarded Vendor.

The awarded Vendor(s) will be required to track all debris removal and ensure that they are in compliance with the Federal Emergency Management Agency (FEMA) debris removal laws, regulations, and guidelines as this ITB will be funded with a grant/award/funds from FEMA. The Department will apply the same policies and procedures for procurements using federal funds as it does with non-federal funds.

3.2.1 ITB Modifications

Once the Department advertises this ITB on the VIP, if it needs to change, supplement, modify, or revise any portion of its contents, exhibits, attachments, or other materials, it will advertise supplemental information as an addendum to this ITB on the VIP. Interested parties are responsible for monitoring the VIP website for addenda relative to this solicitation.

3.2.2 Order of Precedence

All Bids are subject to the terms of this ITB, which in case of conflict shall have the following order of precedence:

A. ITB addenda, in reverse order of issuance;

B. This ITB document, including any attachments or exhibits;

C. Form PUR 1000, referenced in Section 5.1 of this ITB; then D. Form PUR 1001, referenced in Section 5.1 of this ITB.

3.3 ITB Outcome

3.3.1 Contract Term and Renewal

As a result of this ITB, the Department will award the successful Vendor(s) up to a three (3) year Contract, which may be renewed for up to three (3) additional years, or portions thereof, in accordance with Section 287.057(14), Florida Statutes (F.S). Contract pricing will be fixed as specified in the Vendors completed Attachment I, Price Sheet.

3.3.2 Purchases and Invoices

The Department may issue purchase orders (POs) through MyFloridaMarketPlace (MFMP)/Ariba on Demand (AOD) and pay for deliverables via PCard. Throughout the Contract term, the Vendor shall invoice the Department in arrears, as required by Section 215.422, F.S.

The Vendor’s invoice shall include its name, mailing address, federal tax identification number (FEIN), PO number, the dates of service (if applicable), items provided (if applicable), and all relevant supporting documentation.

3.3.3 Substitutions

Upon Contract execution, the Contractor must provide only the services awarded. Alternative or additional services offered or provided to the Department without prior approval by the Contract Manager are prohibited, will be completed at the Contractor’s expense, and may lead to termination of the Contract.

3.3.4 Addition/Deletion of Items, Service Locations, or Service Areas

The Department reserves the right to add or delete services and service locations after Contract execution when it is in the Department’s best interest and the general scope of this ITB. The Contractor’s pricing for substituted services must be comparable to the prices established by this ITB. Any modification to add or delete services, service locations, or areas will become effective only upon execution of a written amendment to the Contract.

3.3.5 Subcontracts

With prior written consent from the Department, the Vendor may enter written subcontracts to fulfill its Contract duties as indicated in this ITB. The Vendor must disclose anticipated subcontracts at the time of Bid submission and must provide a copy of the proposed subcontract to the Department with its Bid. No subcontract into which the Vendor enters for the performance of its duties under the Contract shall in any way relieve the Vendor of responsibility or liability associated with the performance of its Contract duties. All subcontractors shall comply with the Contract requirements to the same extent as the successful Vendor, including requirements regarding background checks and other security measures.

The Department will only pay the Vendor for deliverables provided under the Contract. The Vendor shall make all payments to subcontractors within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. The Department shall not be liable to any subcontractor for any expenses incurred under the subcontract. The Vendor assumes sole responsibility for all expenses and liabilities incurred under a subcontract. If the Vendor fails to pay the subcontractor within seven (7) Business Days, the Vendor shall pay the penalty to the subcontractor in the amount of one-half (1/2) of one percent (1%) of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

SECTION 4: Statement of Work

4.1 Specifications

The Vendor shall provide debris removal services specified in Attachment I - Price Sheet and must bid only the services specified in this ITB unless an equivalent service has been approved by the Department's Contract Manager. The services sought in this ITB will be considered deliverables in the Contract. The Vendor shall adhere to and track all debris removal in accordance with FEMA debris removal laws, regulations, and guidelines. The awarded Vendor’s ability to adhere to the aforementioned guidelines must be verifiable through documented experience. The awarded Vendor(s) must have the ability to perform services during and after a disaster or emergency situation.

The Vendor(s) must be capable of removing the following types of debris:

A. Vegetative Debris;

B. Construction and Demolition;

C. White Goods;

D. Soil, Mud, and Sand;

E. Vehicles and Vessels;

F. Putrescent Debris;

G. Infectious or Hazardous Waste; and H. Chemical, Biological, Radiological, and Nuclear Contaminated Debris.

4.1.1 General Debris Removal Requirements

The Vendor(s) will be required to adhere to the following requirements:

A. Sort, remove, and dispose of debris by type;

B. Provide the unit count or quantity of items such as hazardous trees/limbs/stumps, vessels, vehicles, hazardous waste, white goods, etc.;

C. Provide tree stump weight if the removed stump is less than 24 inches in diameter;

D. Provide GPS coordinates of hazardous trees/limbs/stumps, vessels, vehicles, hazardous waste, white goods, etc.;

E. Specify the location of specific items using the nearest landmark (building, tree, etc.);

F. Photograph debris by type before and after sorting;

G. Document debris origin;

H. Document debris volume by type;

I. Reduce vegetative debris by volume in the form of cutting, grinding, mulching, or burning;

J. Provide the GPS location where reduced mulch was placed, if applicable;

K. Provide quantity, location, and source of material used to fill root-ball holes;

L. Obtain burn permits from the Florida Department of Agriculture and Consumer Services

(FDACS), if applicable;

M. Document the debris removal process (reduction, recycling, final disposition);

N. Provide contractor load tickets and load ticket summaries, if applicable;

O. Utilize permitted certified recycling centers; and P. Provide all services in compliance with the Florida Division of Emergency Management

(FDEM) Debris Removal Quick Guide.

https://www.miamigardens-fl.gov/DocumentCenter/View/1144/FEMA-Debris-Removal-Quick-Guide

4.1.2 Department Requirements for Specific Debris Types

A. Vegetative Debris

Vegetative debris removal under the Contract(s) will consist of the removal of trees, limbs, stumps, branches, and leaves, including those that are considered hazardous by either leaning, hanging, or if the Department's Incident Commander classifies the debris as hazardous.

1. Hazardous Trees (leaners)

Hazardous trees are those that have a diameter of 4.5 feet above ground level and one or more of the following criteria has been met:

• More than 50% of the tree crown is damaged or destroyed;

• The tree trunk is split, or branches are broken that, expose the heartwood;

• The tree has fallen or been uprooted within a pubic-use area or

• The tree is leaning at an angle greater than 30 degrees.

2. Hazardous Limbs (hangers)

Limbs are considered hazardous when all of the following criteria have been met:

• The limb is hanging over or onto improved public property; and

• The limb is greater than two inches in diameter.

3. Hazardous Stumps

Tree stumps are considered hazardous when one or more of the following criteria has been met:

• The stump is greater than 24 inches in diameter;

• The stump is more than 24 inches above the ground; or

• Portions of the root-ball is exposed.

B. Construction and Demolition (C&D) Debris

Construction and demolition debris removal under the Contract(s) will consist of the removal of damaged building components such as lumber, wood, gypsum wallboard, glass, roofing material, metal, tile, carpet and floor coverings, window coverings, pipe, etc. Removed C&D debris that is classified as hazardous (asbestos, lead pipes, etc.) must be disposed of in accordance with Federal, State, and local laws and regulations.

C. Hazardous Waste

Hazardous waste under the Contract(s) is waste with properties that make it potentially dangerous or capable of causing harm to human health or to the environment. Any removed hazardous waste must be disposed of in accordance with Federal, State, and local laws and regulations.

D. White Goods

White goods under the Contract(s) will consist of discarded appliances such as air conditioners, ovens, etc. Removed white goods must be disposed of in accordance with Federal, State, and local laws and regulations.

E. Soil, Mud, and Sand Debris

Soil, mud, and sand debris removal under the Contract(s) will consist of soil, mud, and sand that has been moved as a result of a disturbance to lands caused by floods, landslides, or storm surges. Removed soil, mud, or sand must be disposed of in accordance with Federal, State, and local laws and regulations.

F. Vehicle and Vessel Debris

Vehicle and Vessel Debris under the Contract(s) will consist of vehicles or vessels that have been abandoned as a result of diaster or emergency related damage.

4.1.3 Summary Reports

The Vendor shall provide the Contract Manager with a report of all Contract purchases at the end of each reporting period (March and December). These reports must provide, at minimum, the 1) total number of orders placed during the reporting period, 2) total dollar value of orders placed during the reporting period, 3) total number of each service rendered during the reporting period, and 4) total dollar value of all services rendered during the Contract term to date.

The Department may, at its sole discretion, develop a format for the Vendor to use in reporting the information above. The Vendor shall utilize any format developed by the Department for this purpose. The Vendor’s failure to provide a quarterly report within 30 Days following the end of a quarter may result in the assessment of financial consequences or termination of the Contract.

4.1.4 Submission of Technical Specifications

Upon request by FEMA or the Department, the Vendor shall make available technical specifications of proposed procurements by the Vendor where FEMA or the Department believe such review is neded to ensue that the item or service specified is the one being proposed for acquisition.

4.2 Warranty Requirements

If the Vendor provides a service to the Department, the Vendor shall guarantee its work for 60 Days from the date of completion. During that time, the Vendor shall cure installation or service deficiencies at no cost to the Department.

4.3 Performance Measures and Financial Consequences

The Department desires to contract with a Vendor who demonstrates its willingness to be held accountable for the achievement of successful Contract performance. By submitting a Bid, the Vendor agrees to the Department’s assessment of financial consequences, which are not intended to be a penalty but to incentivize the Vendor’s performance under the Contract.

The performance measures below list the key expectations most critical to the success of the Contract and the financial consequence the Department will assess if an expectation is not met. If a Vendor is unable to achieve a performance measure expectation because of unforeseen circumstances outside of its control, the Vendor may submit a written request, in advance, to the Contract Manager to waive the assessment of the associated financial consequence. The Contract Manager will then review the request to determine whether mitigating circumstances existed beyond the Vendor’s control. For the Department to approve the request, the Vendor must not have contributed to the failed expectation in any manner.

The Department does not waive its ability to assess financial consequences by allowing the delivery of an item(s) or completion of services after the time allowed. Nothing in this section shall limit the Department’s right to pursue other remedies available at law or in equity.

Performance Measure (PM)

No. Description Expectation Measurement Financial Consequence

PM-001

The Vendor shall service all applicable locations in accordance with the

Contract and the Department’s PO.

Complete debris breakdown within the approved number of Days after PO issuance, or the timeframe mutually agreed to by the Department and the Vendor and documented on the PO.

Per Occurrence

$50 per Day after the time allowed by the Contract or PO.

PM-002

The Vendor shall service all applicable locations in accordance with the

Contract and the Department’s PO.

Complete debris removal within the approved number of Days after PO issuance, or the timeframe mutually agreed to by the

Department and the Vendor and documented on the PO.

Per Occurrence

$50 per Day after the time allowed by the Contract or PO.

PM-003

FEMA-related documentation and forms (including photos and GPS coordinates)

Vendors must submit and complete all FEMA-related documentation and forms in accordance with FEMA laws, regulations, and guidelines.

Per Form

$300 per form after the submission deadline.

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

The State’s General Contracting Conditions (Form PUR 1000) and General Instructions to Respondents (Form PUR 1001) may be viewed at the link below and are hereby incorporated by reference in their entirety as part of this ITB.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_ purchasing_pur_forms

The terms and conditions set forth within this ITB supersede any conflicting terms and conditions set forth within Forms PUR 1000 or PUR 1001.

5.2 Vendor Questions

Interested Vendors may email questions relating to this ITB to the Procurement Officer listed below by the deadline in the ITB Timeline. Verbal questions, or those submitted after the deadline, will not be acknowledged.

Procurement Officer:

Regina Morrison Bureau of Procurement Office of Financial Management Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399 Telephone: (850) 717-3700 Email: Purchasing@fdc.myflorida.com

The Department will post its answers to written questions to the VIP on or about the date referenced in the Timeline.

Between the release of the solicitation and the end of the 72-hour period following the advertisement of the Notice of Agency Decision (the 72-hour period excludes Saturdays, Sundays, and State holidays), Vendors responding to this ITB, and persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), F.S.

Persons requiring special accommodations to respond to this ITB because of a disability should contact the Bureau of Procurement at (850) 717-3700, at least five (5) Days before any Bid opening or public meeting. Persons who are deaf, hard-of-hearing, deaf-blind, or speech-disabled may contact the Bureau of Procurement by using the Florida Relay Service at (800) 955-8771 (TTY/ASCII).

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any verbal discussion with a State employee related to this ITB. Only written communications from the Procurement Officer are considered duly authorized expressions on behalf of the Department. Only written communications from a Vendor will be recognized as duly authorized expressions on behalf of the Vendor. Any discussion by a Vendor with an employee or representative of the Department, involving

5.3 Vendor Ombudsman

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms mailto:Purchasing@fdc.myflorida.com

A vendor ombudsman has been established within the Florida Department of Financial Services (DFS).

The duties of this office include acting as an advocate for Vendors who may experience problems in obtaining timely payment(s) from a state agency. The vendor ombudsman may be contacted by calling the Florida Department of Financial Services at (850) 413-5516.

5.4 Bid Submissions

Before submitting a Bid, Vendors should check the VIP for any ITB modification(s) as outlined in Section

3.2.1. Neither the Department nor the State of Florida is liable for any costs incurred by a Vendor in response to this ITB.

A Vendor must prepare its Bid simply and economically, providing a straightforward, concise delineation of the Vendor's capability to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional materials are discouraged. Bids must be complete and clear. To expedite the Department’s review of Bids, Vendors must adhere to the following instructions:

A. Bids must be sent by U.S. Mail, Courier, Overnight, or hand-delivered to the location indicated in the

Timeline. Electronic submission of Bids will not be accepted.

B. Bids must be submitted in a sealed envelope/package with FDC ITB-24-149 and the date/time of the Public Bid Opening clearly marked on the outside of the envelope or package.

C. It is the Vendor's responsibility to ensure its Bid is delivered to the proper place and time as stipulated in the Timeline.

D. Bids received after the Bid Deadline provided in the Timeline will not be accepted.

E. Vendors should submit one (1) original hard copy Bid and one (1) electronic Bid copy in searchable PDF format on a CD, DVD, or flash drive. The electronic copy must contain the entire Bid as submitted, including all supporting and signed documents. CDs, DVDs, and flash drives submitted should not be password protected.

F. If the Vendor considers any portion of its Bid to be confidential, trade secret, or otherwise exempt from disclosure under Chapter 119, F.S., the Florida Constitution, or another legal authority, the Vendor must also simultaneously provide the Department a redacted copy of its Bid in both hard copy and electronic forms and provide a brief written description of its grounds for claiming exemption from public record, including the specific statutory citation for such exemption. This redacted copy shall be titled “Redacted Copy.” The redacted copy must be provided to the Department at the same time the Vendor submits its Bid and must only exclude or redact those exact portions of the Bid claimed confidential, proprietary, or trade secret. The Vendor shall be responsible for defending its assertion that the redacted portions of its Bid are confidential, trade secret, or otherwise exempt from disclosure. Further, the Vendor shall protect, defend, and indemnify the Department for any claims arising from, or relating to, the Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise exempt from disclosure. If the Vendor fails to submit a redacted copy with its Bid, the Vendor explicitly authorizes the Department to produce its entire Bid contents in answer to a request for public records. In no event shall the Department, or any of its employees, or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this Bid.

5.4.1 Mandatory Documentation

Vendors must complete and submit the following mandatory documentation with their Bids:

A. Attachment I - Price Sheet;

B. Attachment II - Service Areas;

C. Attachment III - Vendor’s Contact Information and Certification;

D. Attachment IV - Certification of a Drug-Free Workplace Program form, if applicable;

E. Attachment V - Security Requirements for Contractors;

F. Attachment VI - Foreign Country Of Concern Attestation (PUR 1355);

G. Attachment VIII – Use of Coercion for Labor and Services (PUR 7063);

H. Verifiable experience tracking and adhering to FEMA debris removal law, guidelines, and regulations; and I. A statement attesting that the Vendor can provide services immediately following a disaster or emergency situation in an area that may be experiencing power outages.

5.4.2 Price Sheet

The Vendor shall complete and submit Attachment I - Price Sheet, to bid on this ITB. Vendors should ensure they are using the most current version of the Price Sheet before submitting their Bids by checking the VIP for any ITB modifications as outlined in Section 3.2.1. If the Department approved any equivalent items during the question and answer phase of this ITB, then the Department will reflect the approved equivalents as items on Attachment I - Price Sheet. By submitting a Bid in response to this ITB, a Vendor warrants its agreement to the prices submitted.

Vendors should submit Bids with the most favorable pricing the Vendor can offer the State. Any modifications, qualifications, counteroffers, deviations, or challenges will be rejected and may render a Bid non-responsive. The Department may reject any Vendor’s Price Sheet that includes inconsistencies, inaccuracies or is incomplete.

Bids must be firm prices and inclusive of all packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges. The Department is exempt from paying federal excise taxes and sales tax on direct purchases of commodities or services.

If a Price Sheet includes inconsistencies, inaccuracies, or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail.

The services sought in this ITB will be considered deliverables in the Contract.

If the completed and correct version of the Price Sheet is not included in a Vendor’s Bid, the bid will be deemed non-responsive.

5.4.3 Contact Information and Scrutinized Company Certification

The Vendor must certify it is not listed on the Scrutinized Companies that Boycott Israel List, created under Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel.

If the Contract exceeds $1,000,000.00 in total, not including renewal years, the Vendor must certify that they are not listed on either 1) the Scrutinized Companies with Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created under Section 215.473, F.S., and they are not engaged in business operations in Cuba or Syria, as stated in Section 287.135(2)(b)2, F.S. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Vendor agrees the Department may immediately terminate the Contract for cause if the Vendor is found to have submitted a false certification or if the Vendor is 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 has engaged in business operations in Cuba or Syria during the term of the Contract.

Any company that submits a Bid must certify that the company is not participating in a boycott of Israel.

Vendors shall accomplish this certification(s) by completing and returning Attachment III, Vendor’s Contact Information and Certification. If Attachment III, VI, and VIII is not included in the Vendor’s Bid, the Bid will be deemed non-responsive.

5.4.4 Bid Contents

All documents produced or provided as part of any Bid or this ITB process shall become and remain the exclusive property of the Department and may not be removed by the Vendor or its agents. The Department has the exclusive right to use any or all ideas, adaptations of ideas, or content presented in any Bid. Selection or rejection of a Bid shall not affect this right.

5.4.5 Bid Withdrawal

After submission, a Vendor may withdraw its Bid by submitting a written request to the Procurement Officer. A Vendor’s request to withdraw their Bid must originate from the email of their duly authorized representative or be signed by their duly authorized representative. The Department must receive such requests within 72 hours of the Public Bid Opening Date indicated in the Timeline.

If multiple Bids are received from the same Vendor, and the Vendor has not withdrawn one (1) of its Bids, then the Department will only evaluate the Vendor’s Bid received last. All other Bids shall remain valid for 180 Days from the Bid Deadline.

5.5 Other Vendor Requirements

5.5.1 State Licensing Requirement

All entities defined under Chapters 607, 617, or 620, F.S., seeking to do business with the Department must be on file and in good standing with the Florida Department of State at the time of Bid submission.

5.5.2 MFMP Registration

All contractors doing business with the State as defined in Section 287.012, F.S., must register in the MFMP Vendor Information Portal (VIP) system unless exempted under Rule 60A-1.033, Florida Administrative Code (F.A.C.). State agencies shall not agree to purchase commodities or contractual services with any Vendor not registered in MFMP unless exempted by rule. A Vendor not currently registered in MFMP shall do so within five (5) Days of the ITB award. Vendors may complete their MFMP registrations at: http://vendor.myfloridamarketplace.com. Vendors needing assistance regarding their MFMP registration may contact the MFMP Customer Service Desk at

(866) 352-3776 or vendorhelp@myfloridamarketplace.com.

The State of Florida, through the Department of Management Services (DMS), has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), F.S.

All payments issued by Agencies to registered Vendors for purchases of Commodities or http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com

Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, F.A.C, or as may otherwise be established by law. Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit. The Agency will have grounds for declaring the Vendor in default if the Vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the Vendor to being suspended from business with the State of Florida.

5.5.3 Substitute W-9

DFS requires all Vendors doing business with the State to submit a Substitute W-9 Form electronically. To submit forms, find frequently asked questions, and receive other assistance, Vendors can visit https://flvendor.myfloridacfo.com. For additional help, Vendors may contact DFS at (850) 413-5519 or FLW9@myfloridacfo.com.

5.6 Public Bid Opening

Bids are due and will be publicly opened at the time, date, and location specified in the Timeline. The Department will not accept or consider Bids received after the Bid Deadline. Vendors may not modify their Bids after the Bid Deadline. Department staff are not responsible for the accidental opening of a Bid that has been improperly sealed or not addressed as indicated in the Timeline.

5.7 Bid Evaluation

5.7.1 Basis of Award

The Department intends to issue an award to each Responsible Vendor who submits a Responsive Bid with the lowest Grand Total Price for each service area (vendors can bid on more than one location), as evidenced in Attachment I, Price Sheet. A Vendor must bid on all items and submit Attachment II – Service locations identifying the areas that they can service for its Bid to be considered Responsive.

In the event the Responsible Vendor with the lowest Grand Total Price is found non-responsive, the Department may proceed to the next Responsive Bid from a Responsible Vendor with the next lowest Grand Total Price for that particular area, and continue the award process.

5.7.2 Responsible Vendor

A) The Vendor must have a satisfactory record of integrity and business ethics. In analyzing a contractor’s integrity, the Department may consider whether the Vendor has:

a. Committed fraud or a criminal offense in connection with obtaining or attempting to obtain a contract;

b. Committed embezzlement, theft, forgery, bribery, falsification or destruction of records, or tax evasion;

c. Committed any other offense indicating lack of business integrity or business honesty that seriously and directly affects the present responsibility of the contractor;

or

d. Been indicted for any of the above-mentioned offenses.

B) The Vendor must have complied with the public policies of the federal government as well as public policies of appropriate states, local governments, or Indian Tribal Governments.

https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

The Department may look at the Vendor’s past and current compliance with matters such as:

a. Equal opportunity and nondiscrimination laws; and

b. Applicable prevailing wage laws, regulations and executive orders (EO)

C) The Vendor must be able to demonstrate that it has enough resources (i.e. personnel and subcontractors), with adequate experience, to perform the required work. In addition, the contractor must provide that it has adequate prior experience carrying out similar work, which can be demonstrated by:

a. Having the necessary organization, accounting, and operatonal controls;

b. Adhering to schedules, including the administrative aspects of performance;

c. Exhibiting business-like concern for the interest of the customer; and

d. Meeting quality requirements.

D) The Vendor must have adequate financial resources to perform the contract or the ability to obtain suh resources. In making this evaluation, the Department may analyze:

a. The existing cash flow of the Vendor;

b. Accounts receivable; and

c. Other financial data

E) The Vendor must have or be able to acquire the required construction, production, and/or technical facilities, equipment, and other resources to perform the work under the contract.

5.7.3 Identical Bids

If the Department receives identical pricing or scoring from multiple Vendors, the Department shall determine the order of award using the following criteria:

A) If two (2) equal responses are received, and one (1) response is from a certified minority business enterprise, the Department will award a Contract to the certified minority business enterprise in accordance with Section 287.057(12) F.S. Minority Business Certifications submitted by the Vendor as part of its Bid must be active and current at the time of submission.

A Bid containing a blank, incomplete, invalid, or falsified Minority Business Certification will be deemed non-Responsive.

B) Per Section 295.187(4), F.S., when considering two (2) or more Bids, at least one (1) of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, the Department shall award a Contract to the certified veteran business enterprise. If a veteran business enterprise and one (1) or more businesses entitled to a preference by law submit Bids, which are equal with respect to all relevant considerations including price, quality, and service, the Department shall award a Contract to the business having the smallest net worth.

C) Per Section 287.087, F.S., whenever two (2) or more Bids that are equal with respect to price, quality, and service are received by the Department, the Bid from a business that certifies it has implemented a drug-free workplace program shall be given preference in the award process. A Vendor may certify it has implemented a drug-free workplace program by completing Attachment IV, Certification of Drug-Free Workplace.

D) Per Section 287.082, F.S., whenever two (2) or more competitive sealed Bids are received, one (1) or more of which relates to commodities manufactured, grown, or produced within the United States, and whenever all things stated in such received Bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this United States shall be given preference.

E) Per Section 287.092, F.S., any foreign manufacturing company with a factory in the State and employing over 200 employees working in the State shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured.

5.7.4 Rejection of Bids

The Department reserves the right to accept or reject any Bids or separable portions thereof and waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve its best interest(s). The Department may reject any Bid not submitted in the manner specified in this ITB and those otherwise considered non-responsive. Material Deviations cannot be waived by the Department and shall result in a Bid being deemed non-responsive.

5.7.5 Bid Disposal

All Bids submitted shall become the property of the Department and will be considered public records, subject to the provisions of Chapter 119, F.S.

5.8 No Prior Participation or Conflict of Interest

Per Section 287.057(19)(c), F.S., a person who receives a contract that has not been procured pursuant to Subsections (1)-(3) of Section 287.057, F.S. 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 in a solicitation to be any actions related to the 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, auditing, or functioning in any other advisory capacity.

The Vendor shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent, or employee of the Vendor. The Vendor shall have no interest and shall not acquire any interest that conflicts in any manner, or degree, with the performance of the services required under this ITB. Per Section 287.057(19), F.S., the Department shall avoid, neutralize, or mitigate significant potential organizational conflicts of interest before award of a contract and may not proceed with an award if a conflict of interest exists based upon the Vendor’s gaining of an unfair competitive advantage.

No employee, officer, or agent of the Department may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest, directly or indirectly. The purpose of this prohibition is to ensure, at a minimum, that employees involved in the award and administration of contracts are free of undisclosed personal or organizational conflicts of interest, both in fact and appearance.

Officers, agents, or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made by anyone for, or on behalf of, the Department. In accordance with F.S. 112.317 and F.S. 112.313, penalties for such acts include

1. Dismissal from employment.

2. Suspension from employment for not more than 90 days without pay.

3. Demotion.

4. Reduction in his or her salary level.

5. Forfeiture of no more than one-third salary per month for no more than 12 months.

6. A civil penalty not to exceed $20,000.

7. Restitution of any pecuniary benefits received because of the violation committed. The commission may recommend that the restitution penalty be paid to the agency by which the public employee was employed, or of which the officer was deemed to be an employee, or to the General Revenue Fund.

8. Public censure and reprimand.

5.9 Protest Procedures

Under Section 120.57(3), F.S., any person who is adversely affected by the agency decision or intended decision shall file a notice of protest or formal written protest with the Department's Agency Clerk. Filings may be made physically at 501 South Calhoun Street, Tallahassee, Florida 32399-2500, by email to CO- GCAgencyClerk@fdc.myflorida.com, or by fax to (850) 922-4355. Protests must be made in compliance with Rules 28-110.003, 28-110.004, and 28-110.005, F.A.C. Filings received after the business hours of Monday – Friday from 8:00 a.m. to 5:00 p.m. E.T. will be filed the next Business Day.

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

mailto:CO-GCAgencyClerk@fdc.myflorida.com mailto:CO-GCAgencyClerk@fdc.myflorida.com

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

The State of Florida is committed to supporting its diverse business industry and population by ensuring participation by minority-owned, women-owned, veteran-owned business enterprises and Labor Surplus Area Firms in the State's economic life. The Department makes all solicitations available on the MyFloridaMarketPlace Vendor Information Portal where potential vendors can register as outlined in Section 5.5.2 of this solicitation. The Department works in conjunction with the Florida Department of Management Services, Office of Supplier Development (OSD), to provide training on how to access its procurement opportunities.

The OSD offers resources to diverse business enterprises, including the Mentor Protégé Program, which connects eligible business enterprises with private corporations for development mentoring. For more information, including contact information, on the Mentor Protége Program, Vendors may visit the OSD’s website at:

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.

6.2 Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. If applicable, the Vendor shall submit a plan to support the procurement of commodities and materials with recycled content, referencing the intent of Section 403.7065, F.S. The Vendor shall also provide a plan, if applicable, for reducing or handling hazardous waste generated by the Vendor's company, referencing Rule 62-730.160, F.A.C. The Florida Department of Environmental Protection (DEP) requires any generator of hazardous waste materials exceeding certain thresholds to have a valid and current hazardous waste generator identification number. This identification number shall be submitted as part of the Vendor's explanation of its hazardous waste plan and shall explain, in detail, its handling and disposal of this waste.

6.3 Intellectual Property

To the extent that the Contract requires a Vendor to produce original writing, sound recordings, pictorial reproductions, drawings, other graphic representation, or works of any similar nature, the Department has the right to use, duplicate, and disclose such materials, in whole or in part, in any manner, for any purpose whatsoever, and to allow its agents to do the same. If the materials developed are subject to copyright, trademark, patent, or legal title, then every right, interest, claim, or demand of any kind, in and to any patent, trademark or copyright, or application for the same, will vest in the Florida Department of State for the exclusive use and benefit of the State. Under Section 286.021, F.S., no person, firm, or corporation, including parties to the Contract, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Florida Department of State.

The Department shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Vendor. All computer programs, documents, and other intellectual property produced as part of the Contract shall become the exclusive property of the Florida Department of State, except for data processing software developed by the Department under Section 119.084, F.S. The Vendor and its employees and agents may not remove any such property without the express written consent of the Department.

The Vendor, without exception, shall indemnify and hold harmless the Department, and its employees, from liability of any nature or kind, including costs and expenses, for, or on account of, any copyrighted, patented, or unpatented invention, process, or article, manufactured or supplied by the Vendor. The http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/

Vendor has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article equipment or data not supplied by the Vendor or is based solely and exclusively upon the Department's alteration of the article. The Department will provide prompt written notification of a claim regarding copyright or patent infringement and afford the Vendor full opportunity to defend the action and control the defense of such claim. If such a claim is made or is pending, the Vendor may, at its option and expense, procure for the Department the right to continue use, replacement, or modification of the article to render it non-infringing. (If none of the alternatives are reasonably available, the Department agrees to return the article to the Vendor upon its request and receive reimbursement, fees, and costs, if any, as may be determined by a court of competent jurisdiction.) If the Vendor uses any design, device, or material covered by letter, patent, or copyright, it is mutually agreed and understood, without exception, that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials.

6.4 Insurance

The Vendor agrees…