FDC ITB-25-008 Final Version.pdf

Invitation to Bid (ITB)

Boilers and Water Heaters Installation and Repair Services

FDC ITB-25-008

Miranda Tatum, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 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 – Vendor's Contact Information and Certification

Attachment III – Certification of Drug-Free Workplace Program

Attachment IV – Bid Bond Form

Attachment V – Security Requirements for Contractors

Attachment VI – PASS/FAIL REQUIREMENT CERTIFICATION AND NON-COLLUSION

CERTIFICATION

Attachment VII – Service/Delivery Locations

Attachment VIII – Use of Coercion For Labor and Services and Provisions of Commodities by Forced Labor (PUR 2024)

Attachment IX – Foreign Country Of Concern Attestation (PUR 1355)

Attachment X – Vendor Certification Form (PUR 7801)

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

Contractor, which results from this ITB and is mandatory for use by the entire Department, under which Purchase Orders (PO) shall be issued.

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

1.3 Breach of Contract: A failure of the Contractor(s) to perform services or provide commodities in accordance with the terms and conditions of the Contract, which may result from the ITB.

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

1.5 Business Hours: 8:00 a.m. to 5:00 p.m. local time.

1.6 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.

1.7 Contractor: A legally qualified corporation, partnership, or other business entity deemed a

Responsible Vendor that submitted a Responsive Bid to the Department in response to this ITB and is awarded a Contract.

1.8 Day: A calendar day, unless otherwise noted.

1.9 Department or FDC: The Florida Department of Corrections.

1.10 Emergency Services: A situation in which maintenance and repair services are immediately required of the Contractor due to the breakdown of a boiler or water heater that may threaten the health and welfare of FDC inmates and staff. Emergency service requests require immediate response by the Contractor during and after regular business hours, weekends, and holidays.

1.11 Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Vendor to be considered responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a Bid. Any Bid rejected for failure to meet mandatory responsiveness requirements will not be reviewed further.

1.12 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 a single Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

1.13 Minor Deviation: A deviation from the requirements and specifications herein, which, in the Department's sole discretion, is in substantial accord with the requirements and specifications, does not provide a significant competitive advantage to a single Vendor over other Vendors, does not have a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department, and does not adversely impact the Department's interests.

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

1.15 Purchase Order (PO): The form or format which the Department utilizes through MFMP/AOD to make a purchase under a Contract.

1.16 Responsible Vendor: A Vendor who complies with the provisions of the solicitation, including specifications, contractual terms and conditions, and who can reasonably be expected to provide satisfactory performance on the proposed contract based on reputation, or references, or performance on previous Department contracts.

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

1.18 Specifications: The detailed conditions of the Contract, including technical specifications, and other descriptions of the work, as set forth in the Contract documents.

1.19 Subcontract: An agreement between the Vendor and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Vendor, specifically related to securing, or fulfilling, the Vendor’s obligations to the Department, under the terms of the Contract resulting from this ITB.

1.20 Subcontractor: An individual, firm, or corporation that holds a Contract with the Contractor or any other Subcontractor to perform any obligation or duty on behalf of the Vendor, specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of the Contract resulting from this ITB.

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

Department in response to this ITB.

[Remainder of Page Left Blank Intentionally

SECTION 2: Introduction

2.1 Overview

The Department has a need to purchase boilers and water heaters for various correctional institutions located throughout the State, including installation and repairs .

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 advertise 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 July 17, 2025 Vendor Information Portal (VIP) https://vendor.myfloridamarketplace.com

Deadline for Vendors to Submit

Questions and Requests to Bid Equivalent Items

August 4, 2025 By 5:00 pm

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Miranda Tatum Subject: FDC ITB-25-008

Boilers and Water Heaters Statewide Anticipated Date the

Department will Advertise its

Answers to Vendors' Questions

On or between August 28, 2025

VIP

https://vendor.myfloridamarketplace.com

Bid Deadline and Time of the Department’s

Public Bid Opening

September 9, 2025 At 2:00 pm

Florida Department of Corrections Attn: Miranda Tatum

FDC ITB-25-008

Boilers and Water Heaters Installation and Repair Services 501 S. Calhoun Street Tallahassee, FL 32399

Anticipated Date the Department will

Advertise its Agency Decision

October 2025 VIP https://vendor.myfloridamarketplace.com https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.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 24,000 full-time employees, houses 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 various types of boilers and water heaters, parts, including all materials and shipping required for the boiler or water heater to be completely operational, including installation and any subsequent repairs, as listed in Attachment I – Price Sheet, to correctional institutions located statewide as identified in Attachment VII– Service/Delivery Locations. The Department may require items within 24 hours or request items in urgent situations where a broken water heater poses a safety or security risk to inmates and Department staff. The Department is issuing this ITB to establish one (1) or more ATCs as a result of this ITB.

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 or 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:

1. ITB addenda, in reverse order of issuance;

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

3. Form PUR 1000, referenced in Section 5.1 of this ITB; then

4. 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 up to a five

(5) year Contract, which may be renewed for up to Five (5) additional years, or portions thereof, in accordance with Section 287.057(14), Florida Statutes (F.S). at the same prices, terms, and conditions.

3.3.2 Purchases and Invoices

The Department may issue Purchase Orders (POs) through MyFloridaMarketPlace Ariba on Demand (MFMP 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

The Contractor (s) shall provide items listed in Attachment I, Price Sheet, and all items must be pre-approved by the Department. Services provided without prior approval shall be at the Contractor’s expense and may lead to termination of the Contract.

In the event that the designated brand or item detailed in Attachment I, Price Sheet, is not available at the time an order is placed, the Department reserves the right to request a substitute item that is comparable in terms of size, price, and quality. All terms and conditions contained herein shall be equally applicable to any substituted items provided under this Contract.

3.3.4 Addition/Deletion of Items or Service Locations

The Department reserves the right to add or delete items and service locations after Contract execution when it is in the Department’s best interest and within the general scope of this ITB. The Contractor’s pricing for items substituted must be comparable to the prices established by this ITB. Any modification to add or delete items or service locations 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 Contractor 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 Contractor enters for the performance of its duties under the Contract shall in any way relieve the Contractor 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 Contractor, including requirements regarding background checks and other security measures.

The Department will only pay the Contractor for deliverables provided under the Contract. The Contractor 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 Contractor assumes sole responsibility for all expenses and liabilities incurred under a subcontract. If the Contractor fails to pay the subcontractor within seven (7) Business Days, the Contractor 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.

[Remainder of Page Left Blank Intentionally

SECTION 4: Statement of Work

4.1 Specifications

The Vendor shall provide boilers and water heaters, including all materials such as required fittings and accessories required for boilers and water heaters to be completely operational at various correctional institutions as specified in Attachment VII – Service/Delivery Locations of this ITB. The Attachment I – Price Sheet has the specifications for the item(s) and service(s) to be provided under this ITB and resulting Contract. The Vendor must bid only on the items and services specified in this ITB unless an equivalent has been reviewed and approved by the Department following the process below. The items sought in this ITB will be considered deliverables in the Contract. Vendors must visit each site location prior to providing a quote for the necessary work in accordance with the ITB. This ITB mandates that work on boilers must comply with State laws, specifically regarding the Certificate of Competency issued by the Florida Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, and Boiler Safety Section.

4.1.1 Emergency Services

Under this Contract, the Contractor shall provide Emergency Services 24 hours a day, seven (7) days a week, including holidays, or other official closures. Emergency Services and additional repairs under the Contract may include unforeseen, unanticipated work not included in the schedule. Emergency and additional repairs will be paid at the hourly rate(s) provided in Attachment I – Price Sheet when performed during the hours of operation specified in Section 4.1.9 of this ITB.

The hourly rates(s) shall be deemed to provide full compensation to the Contractor for labor, equipment use, and travel time. Rates shall be all-inclusive. No additional charges for services will be accepted. The cost of parts and materials shall not exceed a 10% markup from the Contractor's cost. The Contractor shall require and make the cost available to the Department. A copy of the purchase document, invoice, packing slip, or receipt should be provided with the invoice for all repairs.

The response time for Emergency Services shall be within four (4) hours after the Contractor receives notification by the Department, or a time mutually agreed upon between the Contractor and the Department. The Contractor shall document its arrival and departure by signing in and out of the control room and with the maintenance attendant.

4.1.2 Cost Estimates for Emergency Services

The Contractor shall be required to submit a written estimate to the Department with the recommended repair services that are required before the work is done for the specific service repair being issued. Accordingly, the Contractor(s) shall indicate the cost of their labor and materials in the cost estimate. The actual charge from the Contractor(s) for the specific project shall not exceed 10% of the Contractor's initial estimate without prior approval from an authorized staff member of the Department.

If the Department determines that the price submitted by the Contractor is not competitive, the Department reserves the right to acquire the services through a separate solicitation.

4.1.3 Repairs and Emergencies

All repairs required on service calls shall include, but not be limited to, all burner controls, limit switches, burner parts, low water cut-off gaskets, rear door ropes, asbestos seals, and gauge glass with washers.

Any repairs involving welding on the pressure vessel must be completed by a Licensed Contractor. Proof of the Contractor’s or Subcontractor’s license will be required prior to the commencement of the work.

The Contractor(s) must provide written and signed service reports detailing the work performed for each piece of equipment being repaired. Upon completion of the work, the respective maintenance staff employee will sign off on a copy of the repair call service report, which must be left with the maintenance attendant.

If a maintenance staff member is not available, a copy of the report will be left with the respective staff at each facility at the time of the repair call. A copy of the reports will accompany all invoice documents for all repair calls or other work.

4.1.4 Parts and Materials

All parts and materials provided under this Contract shall be new, original equipment manufacturer free from defects, guaranteed suitable for their particular designed purpose. Non-original equipment manufacturer parts shall not be used unless the Vendor has prior approval from the Maintenance Superintendent.

The Vendor shall obtain parts at their own expense in the most expedited manner available, including overnight air shipping and special fast-track ordering.

4.1.5 Clean-up

All unusable materials and debris shall be removed from the premises at the end of each workday and disposed of appropriately. Upon final completion, the Contractor shall thoroughly clean up all areas where work has been involved, as mutually agreed upon by the Maintenance Superintendent.

4.1.6 Estimated Quantities

The quantities provided in this ITB are estimates for Vendors to prepare their Bids and for the Department to make an award. Quantities should not be construed as representing the actual quantities to be purchased by the Department. The Department may purchase more or fewer items than indicated in this ITB.

4.1.7 Minimum Qualifications

All Contractors shall hold or subcontract with an active Specialty Contractor license in the State of Florida as defined in Section 489.113(3), F.S. The Contractor must ensure that the staff completing the work have three (3) years of experience repairing and installing boilers and water heaters.

4.1.8 Minimum Order

There will be no minimum order.

4.1.9 Delivery

The Contractor shall provide the items and services to the Department as specified in Section 4, and ensure items arrive within 30 Days of PO issuance unless a different time is agreed to by the Department as documented on a PO, between 8:30 a.m. and 4:00 p.m., local time, Monday through Friday, excluding State holidays or other official closures, unless otherwise agreed to by the Department. Service locations are included in Attachment VII – Service/Delivery Locations of this ITB.

4.1.10 Summary Reports

The Contractor shall provide the Contract Manager with a report of all Contract purchases at the end of each reporting period (January and July). These semi-annual reports must be submitted 30 Days following the reporting period, and 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 item sold during the reporting period, and 4) total dollar value of all items sold during the Contract term to date.

The Department may, at its sole discretion, develop a format for the Contractor to use in reporting the information above. The Contractor shall utilize any format developed by the Department for this purpose. The Contractor’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.

4.2 Warranty Requirements

The Contractor shall guarantee all items purchased against nonconformance, manufacturing, and design defects and work performed for one (1) year. Upon notification of the defect by the Department, the Contractor will promptly cure any nonconforming or defective goods at no additional cost to the Department. The Contractor will bear all costs associated with curing the defect or nonconformance, including shipping/re-shipping and inspection costs.

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.

Financial consequences shall not exceed the total Contract amount.

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-001

Timely completion of services and delivery of commodities

The Contractor shall provide services in accordance with the Contract and the Department’s PO.

Per Occurrence

If the Vendor fails to complete a service or deliver commodities within the agreed-upon timeframe, the Department shall assess financial consequences in the amount of $10.00 per Day for each

Day it is delayed.

PM-002

The Contractor shall provide the

Contract Manager with a report of all

Contract purchases within 30 Days following each reporting period (January and July).

Timely Submission of Reports..

Per Occurrence

If the Vendor fails to provide a summary report within 30 Days, the Department shall assess financial consequences in the amount of $10.00 for each Day the report is delayed.

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

The State’s General Contract 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_resour ces/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 and requests to bid approved equivalents to the Procurement Officer listed below by the deadline in the ITB Timeline. Oral inquiries, or those submitted after the deadline, will not be acknowledged.

Procurement Officer:

Miranda Tatum 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 seventy-two (72) -hour period following the advertisement of the Notice of Agency Decision (the seventy-two (72) -hour period excludes Saturdays, Sundays, State holidays, or other official closures), 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 1-800-955-8771 (TTY/ASCII).

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 http://www.myflorida.com/apps/vbs

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any oral 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.

5.3 Vendor Ombudsman

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-25-008 and the date/time of the Public Bid Opening clearly marked on the outside of the envelope/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 USB flash drive. The electronic copy must contain the entire Bid as submitted, including all supporting and signed documents. Submitted USB flash drives must 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 a searchable PDF format on a USB flash drive 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 ITB.

5.4.1 Mandatory Documentation

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

A) Attachment I – Price Sheet B) Florida Preference Letter, as outlined in Section 5.4.3 C) Attachment II – Vendor’s Contact Information and Certification D) Attachment III – Certification of a Drug-Free Workplace Program form, if applicable E) Attachment IV – Bid Bond Form;

F) Attachment V– Security Requirements for Contractors;

G) Attachment VI – Pass/Fail Requirement Certification and Non-Collusion Certification, H) Attachment VIII – Forced Labor (PUR 2024), I) Attachment IX – Foreign Country of Concern Attestation (PUR 1355); and J) Attachment X – Vendor Certification Form (PUR 7801).

If the above-listed documents are not included in the Vendor’s Bid, the Bid will be Deemed non-Responsive.

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 items or 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 Additional Bid Requirement for Out-of-State Vendors (Florida Preference)

Per Section 287.084, F.S., a Bid from a Vendor whose principal place of business is NOT located within the State of Florida must include a written letter from an attorney licensed to practice law in the state where their principal place of business is located, which identifies any preference(s) granted by that state to its business entities in the award of public contracts under the current laws of that state. If no preference is provided in that state, the attorney’s letter should contain a statement specifying that no preference is granted. The Department considers a Vendor’s principal place of business as the principal address registered with the Florida Department of State, Division of Corporations (https://dos.myflorida.com/sunbiz/). If this letter is not included in the Bid of a Vendor whose principal place of business is NOT located within the State of Florida, or if the letter does not accurately reflect the current preferences of that state, if any, the Bid will be deemed non-Responsive.

When the lowest Responsive Bid is submitted by a Responsible Vendor whose principal place of business is NOT located within the State of Florida, and the state where the lowest Responsible Vendor’s principal place of business is located does not offer any preference for its business entities, a five percent (5%) price preference shall be applied to any Responsive Bid from a Responsible Vendor whose principal place of business is located within the State of Florida. If the state where the out-of-state Vendor is located provides a different price preference for businesses having a principal place of business in that state, that same price preference shall be applied to the Responsive Bids from Florida-based Responsible Vendors.

For example, if an Oklahoma-based company submits a Responsive Bid and is the lowest Responsible Vendor, and Oklahoma offers no preference for the award of Oklahoma-based companies in public contracts, then a five percent (5%) preference would be given to Florida-based Vendors in consideration of an award. If Oklahoma offered a 10% preference in the award of contracts to Oklahoma-based businesses, then a 10% preference would be applied to Florida-based Vendors in consideration of an award.

5.4.4 Contact Information and Scrutinized Company Certification

A) If the Vendor provides goods or services of any amount, the Vendor certifies:

• It is not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S.; and

• It is not currently engaged in a boycott of Israel.

B) If the Vendor provides goods or services that could be at or above $1 million, the

Vendor also certifies:

• It is not listed on the Scrutinized Companies with Activities in Sudan List;

• It is not listed on the Scrutinized Companies with Activities in Iran Terrorism

Sectors List, as identified under Section 215.473, F.S.; and

• It does not have business operations in Cuba or Syria, as defined in section.

287.135(1)(c), F.S.

https://dos.myflorida.com/sunbiz/

C) The Vendor agrees that the Department can immediately terminate any agreement for cause or disqualify the Vendor from further consideration of any purchases if the following is discovered:

• The Vendor is found to have submitted a false certification, after providing notice in accordance with Section 287.135(5)(a), F.S.;

• The Vendor is placed on a list created pursuant to Section 215.473, F.S., relating to scrutinized active business operations in Iran; or

• The Vendor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

D) The Vendor understands the following:

• The Department may, on a case-by-case basis, make exceptions to these requirements as permitted in Section. 287.135(4), F.S.; and

• An unsuccessful Vendor has no right to protest the award of a contract or renewal on the basis of a false certification, in accordance with Section. 287.135(6), F.S.

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

5.4.5 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.

5.4.6 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 it’s 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 seventy-two (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 it’s Bids, then the Department will only evaluate the Vendor’s Bid received last. All other Bids shall remain valid for one hundred and eighty (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 MyFloridaMarket Place ARIBA ON DEMAND (MFMP/AOD) Registration

All Contractors doing business with the State as defined in Section 287.012, F.S., must register in the MyFloridaMarketPlace Vendor Information Portal (MFMP VIP) system unless exempted under Rule 60A-1.030, Florida Administrative Code (F.A.C.). State agencies shall not enter into an agreement for the sale of commodities or contractual services, as defined in Section 287.012, F.S., with any Vendor not registered in MFMP unless exempted by rule. A Vendor not currently registered in the VIP system 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 1-866-352-3776 or vendorhelp@myfloridamarketplace.com.

Pursuant to 60A-1.031(3), F.A.C., the State of Florida, through the Department of Management Services, 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 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

The Florida Department of Financial Services (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 the Responsible Vendor who submits a Responsive Bid with the most price points for each Region. This will be determined by weighting the service and product prices based on spend volume and assigning cost points. The Bidder with the highest Cost Points per Region, as evidenced in Attachment I – Price Sheet, will be selected.

http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

The Bidder with the lowest Grand Total Price per Region will receive 60 Cost Points;

the Bidder with the largest Percentage Discount off MSRP per Region will receive 30 Cost Points; and the Bidder with the lowest Total Hourly Installation rate per Region.

will receive 10 Cost Points. A Vendor must bid on all items for its Bid to be considered Responsive. If applicable, the Department will apply a preference to Florida-based Vendors as indicated in Section 5.4.3.

The Bidder is required to bid on all items within each Region, provide an installation and hourly rate, and provide a discount off MSRP for their Bid to be considered responsive for that Region. However, the bidder does not have to bid on all Regions for their Bid to be considered responsive.

In the event the Responsible Vendor with the highest cost Points per Regjon is found non-responsive, the Department may proceed to the next Responsive Bid from a Responsible Vendor with the next highest Cost Points per Region and continue the award process.

All other Bids will receive points according to the following formula per Region.

((N/X) x60) +((A/B)x30)+((P/I)x10)=Z

Where:

N= Lowest Grand Total Price received from any Bidder X= A Bidder’s Grand Total Price A= Largest Percentage Discount Off MSRP received from any Bidder B= A Bidder’s Percentage Discount off MSRP P= Lowest Total Hourly Installation Rate received from any Bidder I= A Bidder’s Total Hourly Installation Rate Z= Cost Points Awarded (rounded to the nearest whole number)

Area Weight

1. Water Heater 60%

2. Total Hourly Installation Rate 10%

3 Percentage Discount off MSRP 30%

Total weightings 100%

5.7.2 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 Bids are received, and one (1) Bid 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-Repsonsive.

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 is 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 or more businesses are entitled to a preference by law and submit Bids that 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 III - 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 State of Florida, 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 State shall be given preference.

E) Per Section 287.092, F.S., any foreign manufacturing company with a factory in the State and employing over two hundred (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.

5.7.3 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.

5.7.4 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. 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. 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.

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), 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, F.S.

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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, and service-disabled veteran-owned business enterprises in the State's economic life. The Department works in conjunction with the Florida Department of Management Services, Office of Supplier Development, to provide training on how to access its procurement opportunities.

The Office of Supplier Development offers resources to diverse business enterprises, including the Mentor Protégé…