FDLE-ITB-2320.pdf

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

INVITATION TO BID

Acknowledgement Form

Page 1 of 17 pages SUBMIT REPLY TO:

Florida Department of Law Enforcement Office of General Services Telephone Number: (850) 410-7300

Agency Release Date:

Wednesday, January 4, 2023

Solicitation Number:

FDLE ITB 2320 Solicitation Title: Oral Swab Collection Kits

Bids are Due:

Friday, January 27, 2023

Bid responses shall be binding until execution of a Contract with the successful Bidder.

**Bidder Name:

**If a fictitious name is used, include registered name (i.e.

XYZ, Inc. DBA ABC)

Bidder Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Authorized Signature (Type), Title

Toll Free Number: *This individual must have the authority to legally bind the Bidder to a contractual obligation. By submission of a signature on the response, the Bidder certifies that they comply with all terms and conditions contained herein.

Fax Number:

Email Address:

FEID Number:

Type of Business Entity (Corporation, LLC, partnership, etc.):

BIDDER CONTACTS: Provide the name, title, address, telephone number, and email address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

FDLE ITB 2320

Section 1 – Introductory Section

1.1. Agency Intent

1.2. Heading and Section References

1.3. General Instructions to Respondents (PUR 1001)

1.4. Mandatory Requirements

1.5. Procurement Officer

1.6. Schedule of Events / Timeline

1.7. Accessibility for Disabled Persons

Section 2 –Specifications

2.1. Food & Drug Administration (FDA)

2.2. Specifications

2.3. Kit Assembly

2.4. Product Sample

2.5. Delivery

Section 3 – Invitation to Bid Process

3.1. Special Conditions and Instructions

3.2. Solicitation Requests

3.3. Bidder Inquiries

3.4. Addenda

3.5. Discussions

3.6. MyFloridaMarketPlace (MFMP) Registration

3.7. Florida Department of Financial Services Substitute W-9 Initiative

3.8. Bid Price Sheet

3.9. Bid Packaging and Submission Requirements

3.10. Bidder Acknowledgement

3.11. Vendor Generated Terms and Conditions

3.12. Redacted Bid Submission

3.13. Administrative Review

3.14. Price Evaluation

3.15. Cost of Preparing a Vendor Bid

3.16. Firm Response

3.17. Withdrawal of Bid

3.18. Legal Requirements

3.19. ANTITRUST VIOLATIONS LIST

3.20. Scrutinized Companies List

3.21. Less Than Two Responsive Bids

3.22. Basis of Award

3.23. Posting of Tabulations

3.24. Reserved Rights

Section 4 – Special Conditions Section

4.1. General Contract Conditions (PUR 1000)

4.2. Cooperation With The Inspector General

4.3. Federal Excluded Parties List

4.4. Unauthorized Aliens

4.5. Price Escalation

Section 5 – Attachments

SOLICITATION INTRODUCTION

The 10 Most Critical Things to Keep in Mind When Responding to a Solicitation for the Florida Department of Law Enforcement

1. Read the entire document. Note critical items such as: mandatory requirements; sample(s) required;

supplies/services required; submittal dates; number of copies required for submittal; funding amount and source;

contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.).

2. Note the Procurement Officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the solicitation and is an excellent source of information for any questions you may have.

3. Attend the pre-bid conference. (If applicable)

4. Take advantage of the “question and answer” period. Submit your questions to the Procurement Officer by the due date listed in the Calendar of Events and view the answers given in the formal “addenda” issued for the Solicitation. All addenda issued for a solicitation are posted on the Vendor Information Portal website (MyFloridaMarket Place Vendor Information Portal) and will include all questions asked and answered concerning the solicitation.

5. Follow the format required in the solicitation when preparing your response. Provide point-by-point responses to the required sections in a clear and concise manner.

6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the

Department will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the Department. The bids are evaluated based solely on the information and materials provided in your response.

7. Use the forms provided, i.e., Solicitation cover sheet, Price forms, etc.

8. Check the Vendor Information Portal website for solicitation addenda. Before submitting your response, check the Vendor Information Portal website to see whether any addenda were issued for the solicitation. Some addenda require that you sign and return them with the bid.

9. Review and read the Solicitation document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and complete.

10. Submit your response on time. Note all dates and times listed in the Calendar of Events and within the document, and be sure to submit all required items on time. Faxed, emailed or late bid responses are never accepted.

https://vendor.myfloridamarketplace.com/

SECTION 1 – INTRODUCTORY SECTION

The State of Florida, Department of Law Enforcement, hereinafter called the FDLE, Department, Agency, State, Customer or Purchaser, issues this invitation to receive competitive sealed bids for an estimated range of 75,000 to 150,000 oral swab collection kits per year. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Contract pursuant to this ITB, are conducted pursuant to Chapters 943 and 287 Florida Statutes, and Rule 60A-1 Florida Administrative Code.

1.1. AGENCY INTENT

It is the intent of the FDLE to obtain competitive sealed bids from qualified vendors to enter into a Fixed Rate Agreement Contract for Oral Swab Collection Kits for the collection of qualifying offender DNA specimens. FDLE intends to make a single award from this ITB and establish a contract for a rate agreement with a three (3) year base term and three (3), one (1) year renewal options.

1.2. HEADING AND SECTION REFERENCES

Section headings in this ITB are inserted for convenience only and are not to be construed as a limitation of the scope of the particular section to which the heading refers.

1.3. GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C, the State of Florida General Instructions to Respondents (PUR 1001) are hereby referenced and incorporated in their entirety to this ITB. Bidders are instructed to read this document in its entirety. There is no need to return this document to the FDLE. The FDLE instructions to respondents contained within this ITB supersede any conflicting instructions contained in the PUR1001.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

1.4. MANDATORY REQUIREMENTS

The FDLE has established certain requirements with respect to bids to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response is not substantially in accordance with the ITB requirements, provides an advantage to one respondent over other respondents, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department.

Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Bid.

1.5. PROCUREMENT OFFICER

The Procurement Officer, acting on behalf of the FDLE, is the sole point of contact outside of official public meetings, with regard to all procurement matters relating to this solicitation, from the date of the release of the solicitation until the FDLE Notice of Intent to Award is posted on the Vendor Information Portal (VIP).

All questions or requests for clarification are to be directed to:

Brandon Chew Florida Department of Law Enforcement Office of General Services https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Telephone: (850) 410-7300 Email: CentralPurchasing@fdle.state.fl.us

Florida Statute (F.S.) Section 287.057(23) requires that respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

1.6. SCHEDULE OF EVENTS / TIMELINE

The following time schedule will be strictly adhered to in all actions relative to this ITB unless modified by the FDLE by written addenda. FDLE will publish all written addenda on the MyFloridaMarketPlace, Vendor Information Portal (VIP). No liability to the FDLE will result from such deviations. All required Vendor actions must be completed by the date and time indicated on the schedule. All listed times are Eastern Time (ET) in Tallahassee, Florida.

DATE TIME ACTIVITY LOCATION

1/4/2023

FDLE Posts Invitation to Bid Advertisement Vendor Information Portal

1/11/2023 5:00 PM Submission Deadline for Vendor Written Questions to Procurement Officer

FDLE Office of General Services centralpurchasing@fdle.state.fl.us

1/19/2023 5:00 PM FDLE Posts Electronic Written Answers to Vendor Questions (Anticipated) Vendor Information Portal

1/27/2023

2:00 PM Vendor Bids Due to FDLE FDLE Office of General Services

1/27/2023 2:30 PM Public Meeting / Opening of Bids FDLE Headquarters 2331 Phillips Road Tallahassee, Florida 32308

FDLE shall utilize the State of Florida, MyFloridaMarketPlace Vendor Information Portal (VIP) as the single resource for all Invitation to Bid, Public Notice information in accordance with 28-102.001, F.A.C.

1.7. ACCESSIBILITY FOR DISABLED PERSONS

Any person with a qualified disability shall not be denied equal access and effective communication regarding any ITB documents or attendance at any related meeting or ITB opening. If accommodations are needed because of a disability, please contact the Procurement Officer or FDLE Office of General Services at (850) 410-7300.

mailto:CentralPurchasing@fdle.state.fl.us mailto:centralpurchasing@fdle.state.fl.us

SECTION 2 –SPECIFICATIONS

2.1. FOOD & DRUG ADMINISTRATION (FDA)

A. The manufacturer must follow FDA Good Manufacturing Practices (GMP) Guidelines. Manufacturer must provide a copy of their FDA Registration Number along with the Bid submission. Failure to provide the FDA Registration Number may be cause for rejection of the bid.

2.2. SPECIFICATIONS

The Oral Swab Collection Kits shall consist of the following components:

A. Sealed clear plastic packaging sleeve, which contains the oral swab kit/form and preprinted return address envelope. Maximum 12 ¼” length by 8” width. The left edge of the packaging (approximately 1” from end) is to be perforated for opening and accessing the contents.

B. Pre-printed return address envelope, minimum of 9” length by 6” width, with white, medium weight paper printed as shown in Attachment A.

C. Kit/Form is to be printed on white, 67# vellum Bristol flat size of 14” length by 8 ½“ width. Form is to have one score and one perforation. Fold size is to be 4 ¾” by 8 ½”. Form printed in 2 color (black and red – Pantone 186) as depicted in Attachment B.

D. Sample Card/Swab envelope is to be a maximum of 8” length by 3 5/8” width. Envelope will be white, shall flap with removable liner, adhesive seal and zip style opening. Black text information is to be printed on one side of the envelope. Envelope will be affixed to side B of form in designated area as depicted in Attachment B.

E. Sponge tipped (round), sterile plastic shaft swab. Swab shall be 5” length and head size of round tip to be 1 1/8” length by 29/32” width. Must be identical or FDLE approved equivalent to Hardwood Products Company – Product/Catalog #25-1805 1PF RND.

F. Sample collection card, must use one of the following: FTA Indicator Card or Nucleic Card Color matrix 1 spot.

G. FDLE may provide the Sample Collection Cards described in Section 2.1 (D). Pricing must be provided for two options: (1) if the Vendor includes the Sample Collection Card in the Kit or (2) FDLE provides the Sample Collection Sample Card to the Vendor.

2.3. KIT ASSEMBLY

A. Vendor will assemble each kit following standard safety procedures including the use of sterile gloves and mask.

B. Each Sample Card/Swab Envelope will be affixed to Kit/Form as depicted in Attachment B.

C. Each Sample Card/Swab Envelope will contain:

a. One (1) sterile sponge tip swab

b. One (1) sample collection card

D. Each clear plastic package will contain:

a. One (1) pre-printed return envelope

b. One (1) Kit/Form (Attachment B)

E. The Oral Swab Kit/Form should be oriented inside the clear outer packaging such that the text “Florida Department of Law Enforcement / DNA Investigative Database / Oral Swab Collection Kit” is visible from the outside of the packaging.

2.4. PRODUCT SAMPLE

A. Vendor must submit with their Bid, a sample of the oral swab kit and a sample of Attachments A & B to determine acceptability. Samples do not require printing, artwork or customization with the FDLE brand logo.

Failure to submit the sample will automatically lead to the Vendor being deemed non-responsive. Samples will not be returned to the vendor.

2.5. DELIVERY

A. All Oral Swab Kits will be delivered to the following address unless notified in writing prior to the order by FDLE.

Florida Department of Law Enforcement DNA Investigative Support Database 2729 Ft. Knox Boulevard Bldg. 2, Ste. 1100 Tallahassee, FL 32308 Attention: DNA Database at 850-617-1300

*****PLEASE NOTE: THIS ADDRESS DOES NOT HAVE A LOADING DOCK – LIFT GATE TRUCK REQUIRED*****

B. Shipment Request

a. The Contractor shall be notified by the FDLE Contract Manager via telephone or email issuing a request for a specified quantity for delivery. This request will indicate if the FDLE or Contractor will provide the Sample Collection Card.

b. The Contractor will provide order confirmation and delivery date estimation to the Contract Manager within 36 hours of shipment request.

SECTION 3 – INVITATION TO BID PROCESS

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency “Department of Law Enforcement” and click on “Initiate Search” at the bottom of the web page. If unable to download the document(s), contact the FDLE Procurement Officer.

Section 120.57(3)(b), F.S., requires that notice of protest of the solicitation documents shall be made within seventy-two (72) hours after the posting of the solicitation. Failure to file a protest within the time prescribed in section 120.57(3), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

3.1. SPECIAL CONDITIONS AND INSTRUCTIONS

The FDLE Bid requirements and special conditions modify and shall take precedence over the State of Florida form PUR1001, General Instructions to Bidders.

The FDLE currently does not utilize the State of Florida’s, MyFloridaMarketPlace e-Procurement system for competitive solicitations such as this ITB. Bidders are to manually submit a hard copy of their responses to this ITB as identified in this section. Specific references to MFMP usage for this ITB stated in paragraphs 3 and 5 of the PUR1001, General Instructions to Bidders are not applicable.

3.2. SOLICITATION REQUESTS

All questions or requests for clarification pertaining to this ITB should be addressed in writing to the Procurement Officer. It will be the responsibility of each Bidder to submit any questions prior to the ITB receipt opening. Questions or requests for clarification concerning the specifications or solicitation procedures as written must be submitted to the FDLE in accordance with the Schedule of Events / Timeline. The written interpretation of the appropriate representative of the FDLE shall prevail.

3.3. BIDDER INQUIRIES

The Bidder will examine the ITB to determine if the FDLE requirements are clearly stated. If there are requirements which may restrict competition, Bidders may request specification changes. Requests must identify and describe the difficulty meeting specifications, provide detailed justification, and provide the recommended changes. Change requests or protests of the specifications must be received by the State no later than seventy-two (72) hours after the posting of the solicitation.

The FDLE will determine what, if any, changes to the ITB will be accepted. If required, the FDLE will issue addenda reflecting the changes.

Written interpretations of the appropriate representative of the FDLE will prevail. While oral responses may be given in good faith and are intended to be accurate, the FDLE is not bound by any non-written interpretation or guidance offered to Bidders.

3.4. ADDENDA

The FDLE reserves the right to modify this ITB. All addenda to this ITB will be in writing with content and number of pages described to all Bidders. Any addenda or answers to written questions supplied by the FDLE to participating Bidders may include an Addenda Acknowledgement Form. This form shall be signed by an authorized representative of the Bidder’s organization and submitted to the FDLE.

All addenda will be provided via the VIP at the following website: MyFloridaMarket Place Vendor Information Portal

It is the sole responsibility of the Bidder to monitor the VIP for any addenda issued in reference to this ITB.

3.5. DISCUSSIONS

No negotiations, decisions or actions shall be initiated or executed by the Bidder as a result of any discussions with any State employee prior to the opening of the sealed Bid(s). Prior to the opening of the sealed Bid(s), Bidders are NOT to divulge bid prices to any state employee or representative of the State. Further, Bids submitted to the FDLE will remain unopened until the time for opening Bids as indicated on the Schedule of Events / Timeline. During this period, any discussion by the Bidder with any state employee or representative of the State involving price information will result in rejection of said Bidder’s response. Only those communications which are in writing or electronically submitted from the FDLE, Office of General Services may be considered as a duly authorized expression on behalf of the FDLE. Also, only communications from Bidders, which are in writing and signed or electronically submitted, will be recognized by the FDLE as duly authorized expressions on behalf of the Bidder.

3.6. MYFLORIDAMARKETPLACE (MFMP) REGISTRATION

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State through the on-line procurement system is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.033(3) F.A.C. Information about the registration process is available and registration may be completed at the MFMP website: MyFloridaMarket Place Vendor Information Portal . Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) 352-3776.

Responding Vendors should be registered in the MFMP system at the time of Bid submission.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 41105500 Nucleic acid DNA and RNA extraction and purification and quantitation kits and components

3.7. FLORIDA DEPARTMENT OF FINANCIAL SERVICES SUBSTITUTE W-9 INITIATIVE

The Florida Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information (i.e. Social Security number) to report accurate tax information to the Internal Revenue service and determine if a vendor should receive a Form 1099. A completed Substitute form W-9 is required for any entity to receive payment from the State of Florida. Vendors must submit their W-9 forms electronically at the DFS website:

https://flvendor.myfloridacfo.com/

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a Contract. This may be completed by the Bidder post-award, and is not something which FDLE will consider in determining the responsiveness of a bid.

3.8. BID PRICE SHEET

The Bidder must submit pricing on Attachment C. Vendor generated price sheets will not be accepted. Prices shall include ALL charges for packaging, handling, freight, distribution and inside delivery. Prices shall include all incidentals and associated costs required to comply with and satisfy all requirements referred to or included in this solicitation.

No remuneration is available to the Bidder beyond the Bid price for all specifications and considerations in response to this ITB, as outlined herein. Bidders will be strictly held to the prices of their Bid. The contents of this ITB and vendor Bid submission will become contractual obligations if a Contract is issued.

https://flvendor.myfloridacfo.com/

Quantities referred to are estimated quantities. The FDLE reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities during the term of the agreement. The FDLE shall not be responsible for vendor inventory or order commitment.

3.9. BID PACKAGING AND SUBMISSION REQUIREMENTS

Bids must be submitted in a sealed envelope/container. Bids must be submitted by U.S. Mail, United Parcel Service (UPS), Federal Express (FedEx), private courier, or hand delivery. Electronic submission or facsimile transmission of a Bid is NOT authorized and will NOT be accepted. Bidders are cautioned that shipped Bids will be routed to the Department’s Mail Processing Center in an off-site facility which may cause delays in delivery and receipt by the Office of General Services.

Bidders choosing to mail Bids must take this into consideration and allow sufficient time to ensure timely delivery and receipt.

BIDDERS SHOULD INCLUDE THE FOLLOWING LABEL ON THE OUTSIDE OF ALL SEALED PACKAGES:

RESPONDING BIDDER NAME

SOLICITATION NUMBER: FDLE ITB 2320

TITLE: ORAL SWAB COLLECTION KITS

BID OPENING: JANUARY 27, 2023 @ 2:30 P.M.

The FDLE mailing address is:

OFF-SITE MAIL FACILITY, C/O FLORIDA DEPARTMENT OF LAW ENFORCEMENT

ATTENTION: OFFICE OF GENERAL SERVICES

813B LAKE BRADFORD ROAD

TALLAHASSEE, FLORIDA 32399

A Vendor choosing to hand deliver a sealed Bid must take into consideration that the FDLE Headquarters Building is a secure facility. “Hand deliver” means delivery at the correct location on or before the required date and time. The FDLE Headquarters location is:

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

OFFICE OF GENERAL SERVICES

2331 PHILLIPS ROAD

TALLAHASSEE, FLORIDA 32308

BIDS RECEIVED AFTER THE EXACT TIME/DATE SPECIFIED IN SECTION 1.6 WILL NOT BE CONSIDERED.

FAILURE TO INCLUDE ANY INFORMATION OR DOCUMENTATION REQUESTED WITHIN THIS ITB AT THE TIME OF SUBMISSION, OR AT THE TIME PRESCRIBED BY THE FDLE, WILL LEAD TO REJECTION OF THE BID FOR NON-RESPONSIVENESS.

IF BIDDERS ARE UNSURE OF THE REQUIRED INFORMATION OR DOCUMENTATION, CONTACT THE PROCUREMENT OFFICER.

DO NOT MAKE ASSUMPTIONS.

3.10. BIDDER ACKNOWLEDGEMENT

By submission of a signature on the FDLE Acknowledgment Form, the Bidder certifies that they comply with all terms and conditions contained herein. The Bid must contain the original signature of an authorized representative who can legally bind the Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must include the signed FDLE Acknowledgement Form with their Bid response.

3.11. VENDOR GENERATED TERMS AND CONDITIONS

FDLE objects to and shall not consider any additional terms and conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response. In submitting a response, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force and effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a Bid, shall be grounds for rejecting a Bid.

The Contract issued by the FDLE as a result of this ITB shall incorporate all terms and conditions identified herein. No oral agreements or representations shall be valid or binding upon FDLE or the Bidder unless expressly contained herein or by a written addenda to this ITB.

3.12. REDACTED BID SUBMISSION

Pursuant to section 19 Public Records of the PUR 1001 General Instructions to Respondents, if a Bidder considers any portion of the bid documents, data or record submitted in response to this solicitation to be exempted by law from disclosures as a public record, the Bidder must provide the FDLE with both an un-redacted and redacted copy of the Bid submission. As noted in this section, redacted Bids must clearly segregate and mark information which is claimed to be exempt from public records and provide the specific statutory citation for such exemption.

This redacted copy should contain FDLE’s solicitation name, number, and the name of the responding Vendor on the cover, and should be clearly titled “Redacted Copy”. The Redacted Copy must be provided to the FDLE at the same time the Vendor submits its Bid and must only exclude or obliterate those exact portions which are exempted by law from public disclosure.

The entire Bid or Bid pages must not be marked proprietary, trade secret, or confidential.

IF A VENDOR FAILS TO SUBMIT A REDACTED COPY WITH ITS BID AS DESCRIBED HEREIN, FDLE IS AUTHORIZED TO PRODUCE THE ENTIRE DOCUMENT(S), DATA OR RECORDS SUBMITTED BY THE VENDOR. THE ITB AND THE SUCCESSFUL VENDOR’S BID

WILL BE INCORPORATED INTO THE CONTRACT.

3.13. ADMINISTRATIVE REVIEW

Each Vendor shall submit a Bid that meets all material requirements of this ITB. Material requirements are those without which adequate analysis and comparison of Bids is impossible, or those that affect the competitiveness of the Bid. FDLE seeks to maximize competition and reserves the right to seek clarification or conduct a cure process from responding Vendors to obtain non-material information to complete a responsiveness review. Bids which do not meet all material requirements of this solicitation will not will not be considered unless, at FDLE’s discretion, the discrepancy does not prevent review of the Bid by FDLE and can be easily and quickly remedied. Failure of a Vendor to provide an original/completed form or certification in the Bid submission or timeframe as provided by the FDLE will cause a Vendor to be deemed Non-Responsive and therefore disqualified from further consideration.

A. Required Documents The following requirements must be met by the responding Vendor in order for the Bid to be considered responsive to this solicitation; however, this is not an exhaustive list of mandatory requirements.

• FDLE ITB 2320 Acknowledgement Form

• Sample of Pre-Printed Return Envelope as depicted in Attachment A

• Sample of Pre-sealed White Packaging as depicted in Attachment B

• Attachment C – Price Sheet

• Attachment D – In State Preference Form

• Attachment E – Scrutinized Companies List Certification

• Any applicable Bid Addenda

• One (1) sample of Oral Swab Collection Kit

• One (1) copy of the FDA Registration Number

• One (1) electronic copy of Bidder’s submission via CD-ROM or Flash Drive (USB)

B. Bids which do not meet all mandatory requirements of this solicitation, including the submission of all required information, will be rejected as non-responsive. A non-responsive Bid may include, but is not limited to, those which:

• Fail to utilize, complete, and/or submit the mandatory prescribed forms

• Fail to meet all mandatory requirements

• Include terms and conditions contrary to the requirements of this Bid

• Do not contain original authorized signatures

• Are not in conformance with the requirements and instructions contained herein

IF FDLE DETERMINES IN ITS SOLE DISCRETION THAT THE CONDITIONS OF THE BID DOCUMENTS ARE NOT COMPLIED WITH, OR THAT THE PRODUCT PROPOSED TO BE FURNISHED DOES NOT MEET THE SPECIFIED REQUIREMENTS, THE BID MAY BE

REJECTED AS NON-RESPONSIVE.

3.14. PRICE EVALUATION

The FDLE will take the following steps upon opening Bids:

A. Confirm the Bid includes a Fixed Price per Item B. Confirm the Bid is submitted using the FDLE ITB 2320 Price Sheet (Attachment C) C. Confirm the prices are clear and unambiguous D. Check the arithmetic of the Bid price and conduct a Clarification Request for any computational or transfer errors noted E. When evaluating Bid responses to solicitations where there is identical pricing or a pricing preference, the FDLE shall determine the order of award in accordance with Sections 287.057 (11), 287.082, 287.084, 287.087 and 287.92, F.S.

• Certified Minority Business Enterprises

Pursuant to Section 287.057(11) F.S., if two (2) equal Bids are received and one Bid is from a Certified Minority Business Enterprise as defined in 288.703 F.S., the FDLE must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their Bid Response. Vendors may contact the Department of Management Services, Office of Supplier Diversity to obtain information, or visit the Florida Certified Business Enterprises webpage:

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

• In-State Preference (Attachment D)

Pursuant to Section 287.082 F.S., whenever two (2) or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within this state, and whenever all things are 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.

Pursuant to Section 287.084 F.S., Vendors whose principal place of business is located outside of the State of Florida, must provide a written opinion of an attorney licensed to practice law in that state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that state in the letting of any or all public contracts.

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

Section 287.084 further provides that when an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in a competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be five (5) percent.

Section 287.092 F.S. provides that 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.

Each and every Bidder must complete and sign the attached “In State Preference Form” (Attachment D). Each bidder whose principal place of business is outside of the state of Florida must additionally provide a written opinion of an attorney at law licensed to practice law in that state, as to the preferences, if any or none, granted by the law of the state to its own business entities whose principal places of business are in that state in the letting of any or all public contracts. Failure to submit a completed Attachment D, and failure to provide a written attorney’s opinion (if required) with the bid submission may result in the bidder’s submission being deemed non-responsive.

• Certification of Drug Free-Workplace (Attachment F)

To be considered for the drug-free workplace program preference, Bidders must provide certification that it has implemented a drug-free workplace program in accordance with 287.087 F.S. Submission of Attachment F is not required as a matter of bid responsiveness, but is a precondition of eligibility for this preference.

3.15. COST OF PREPARING A VENDOR BID

FDLE is not liable for any costs incurred by a Vendor in responding to the ITB, including but not limited to: site visits, presentations, conferences, copying, printing, travel, packaging, freight, etc. All costs associated with a Bid response for this ITB will be the responsibility of the responding Vendor.

3.16. FIRM RESPONSE

A Bidder’s response to this ITB shall be considered as the Bidder’s formal offer. The issuance of a Contract for the procurement of the commodity as specified in Section 2 – Specifications shall constitute the FDLE’s written acceptance of the successful Bid and the Contract will be forwarded to the successful Bidder.

FDLE may make an award within 60 days after the date of the Bid opening, during which period Bidder responses shall remain firm and shall not be withdrawn. If award is not made within 60 days, the Bid shall remain firm until either FDLE issues a Purchase Order, or FDLE receives from the Bidder written notice that the Bid is withdrawn. Any response that expresses a shorter duration may, in FDLE’s sole discretion, be accepted or rejected.

3.17. WITHDRAWAL OF BID

Vendor Bids submitted on or before the Bid due date may be withdrawn, amended or replaced with another Bid up until the Bid due date and time. Vendor Bids withdrawn prior to the Bid due date and time will be returned, unopened to the Bidder at the Bidder’s expense.

3.18. LEGAL REQUIREMENTS

Applicable provisions of all Federal, State, County and local laws and administrative procedures, regulations, or rules shall govern the development, submittal, and evaluation of all Bids received in response hereto and shall govern any and all claims and disputes which may arise between Bidder’s submitting a bid hereto and the FDLE. Lack of knowledge of the law or applicable administrative procedures, regulations or rules by any Bidder shall not constitute a cognizable defense against their effect.

3.19. ANTITRUST VIOLATIONS LIST

Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

3.20. SCRUTINIZED COMPANIES LIST

Pursuant to Section 287.135 F.S., at the time a Bidder submits a Response or before entering into a contract where the value exceeds $1 million, the Bidder or Contractor must certify that the company is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria.

Before entering into a contract of any value, the Bidder or Contractor must certify that the company is not participating in a boycott of Israel and is not on the Scrutinized Companies that Boycott Israel List.

Bidders must include the completed Attachment E to evidence this certification with their Bid response.

3.21. LESS THAN TWO RESPONSIVE BIDS

In the event that FDLE receives less than two (2) Responsive Bids, FDLE may negotiate the best terms and conditions.

3.22. BASIS OF AWARD

Award will be made to the responsive and responsible Bidder who after completion of the Bid evaluation submits the lowest responsive bid price for all specifications and considerations in response to this ITB. An award from this Bid does not constitute an official Contract, agreement or commitment on behalf of the State.

3.23. POSTING OF TABULATIONS

The FDLE Intent to Award / Bid tabulation will be posted electronically as an Agency Decision on the VIP. The Agency Decision may be viewed and will remain in active posting status for a period of 72 hours. At the end of this active period, this tabulation will continue to be available for public view as an archive file.

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.

3.24. RESERVED RIGHTS

FDLE reserves the right to:

• Amend this ITB

• Waive minor irregularities submitted in Bids

• Conduct a clarification or cure process of submissions not directly related to the Technical Specifications of the ITB

• Accept or Reject any or all Bids received in whole or in part

• Re-solicit for new Bids

• Abandon the need for such commodities and/or services

• Request additional information to assess a Vendor’s capabilities

• Award to the next eligible Bidder if at any time the Awarded Vendor is unable to meet all mandatory specifications or requirements as specified herein

(This Section intentionally left blank.)

SECTION 4 – SPECIAL CONDITIONS SECTION

4.1. GENERAL CONTRACT CONDITIONS (PUR 1000)

Pursuant to Rule 60A-1.002 Florida Administrative Code (F.A.C.), the State of Florida General Contract Conditions (PUR1000) are hereby referenced and incorporated in their entirety into this ITB. Bidders are instructed to read this document in its entirety. There is no need to return this document to the FDLE. The FDLE ITB Special Conditions Section supersedes any conflicting terms or instructions contained in the PUR1000.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf

4.2. COOPERATION WITH THE INSPECTOR GENERAL

Pursuant to Section 20.055(5) F.S., the Contractor (Vendor) and any subcontractors understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing.

4.3. FEDERAL EXCLUDED PARTIES LIST

A respondent or subcontractor, that at the time of Bidding or submitting a proposal for a new contract or renewal of an existing contract is on the Federal Excluded Parities List, is ineligible for, and may not submit a Proposal for, or enter into or renew a contract with an agency for goods or services, if any federal funds are being utilized.

4.4. UNAUTHORIZED ALIENS

The employment of unauthorized aliens by any Vendor is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Bid award and/ or subsequent Purchase Order or Contract.

4.5. PRICE ESCALATION

It is agreed that all Unit Prices include compensation for the Vendor to actively conduct cost and price control activities. It is the intention of both parties that pricing shall remain firm during the initial term of the agreement and that the parties intend to consider price increases no more frequently than upon renewal. FDLE may exercise three (3) one (1) year renewals with pricing not to increase more than 2% each renewal year.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf

SECTION 5 – ATTACHMENTS

Attachment A – Pre-Printed Return Envelope

Attachment B – Pre-Sealed White Packaging

Attachment C – Price Sheet

Attachment D – In State Preference Form

Attachment E – Scrutinized Companies List Certification

Attachment F – Certification of Drug Free Workplace

Attachment G – ITB Checklist

From:

Agency

Address

City, State, Zip

To:

Tallahassee Regional Crime Laboratory

ATTN: DNA Investigative Support Database

Post Office Box 1489

Tallahassee, Florida 32302-1489

BIOLOGICAL SPECIMEN – HANDLE WITH CARE

A-FDLE-RAE

Attachment A -Do Not Print on Final-

FDLE

Florida Department of Law Enforcement

DNA INVESTIGATIVE SUPPORT DATABASE

Collection Information Prior to collecting this offender specimen, make sure a sample is not already on file in the DNA Investigative Support Database.

(Print Legibly in Black or Blue Ink)

LAST NAME

I I I

FIRST NAME

I I I

KNOWN ALIASES: ______________________ _

DATE OF

BIRTH

SOCIAL

SECURITY#

[TI! [TI!�'��

I

RACE rn

□ GENDER

(See *SSN notice on back panel}

DC# (FL Dept of Corrections} FDLE/SID# (FL State ID}

I I I I I I I I I I I I I

FBI#

□ PROBATION □ JUVENILE I I

CHECK OR WRITE THE APPROPRIATE COLLECTION REASON & STATUTE

□ CONVICTION

Any Felony or Specific Misdemeanors (see list below)

COUNTY I I I I I

COURT

I I I I I CASE#

Any Felony Offense (partial list):

O 316-Motor Vehicle 0 782-Homicide O 784-Assault, Battery: Culp. Neglig.

0 787-Kidnapping 0 790-Weapons/Firearms 0 794-Sexual Battery 0 800-Lewdness; Indecent Act 0 806-Arson/Criminal Mischief 0 810-Burglary 0 812-Theft O812.13-Robberies 0 817-Fraud 0 827 -Child Abuse 0 831-Forgery/Counterfeiting 0 843-0bstructing Justice 0 847-0bscenity 0 893-Drug Abuse 0 OTHER (List Felony Statute/Offense):

□ ARREST

Florida Felony Offenses Only

I I I I I

I I I I I Specific Misdemeanors (convictions only):

0 784.048-Stalking O 810.14-Voyeurism 0 847.011-0bscenity 0 847.013-0bscenity 0 847.0135-0bscenity 0 877.26-0bserv./record customers in merchant dressing room 0 874.04-Gang-related offenses

0 NON-FLORIDA CONVICTION

Offense: ____ _____ _

State:

0 COURT ORDERED DNA

Non-Felony Florida Offense (enclose a copy of the court order requiring DNA collection for non-felony convictions only)

SUBMITTING AGENCY

*Required Information

(Legibly Print)

*AGENCY NAME _ ________________ _

ADDRESS _ _________________ _

*CONTACT NAME _ _________ *PH# _____ _

*Offender DNA sent from a Sheriffs Office or County level site, please select the collection location:

0 COUNTY JAIL O COURTHOUSE O REGISTRATION

SAMPLE COLLECTION CERTIFICATION

(Check Appropriate Box)

I hereby certify that I have, on this date, witnessed the collection of an oral specimen from the named individual who was identified to me using one or more of the following means:

D Visual inspection of the individual's photo ID or some other official form of identification

D Personal identification of the individual by the attending official

D In-Court identification

D Other (specify) _________________ _

WITNESS TO SAMPLE COLLECTION

(Print Name of Official Witnessing Swab Collection, Date and Sign)

NAME _______________ DATE ______ _

SIGNATURE _________________ ___ _

OFFICIAL TAKING THUMBPRINTS

(Print Name of Official Taking Prints, Date and Sign)

NAME ________________ DATE ___ _ __ _

SIGNATURE ___________________ __ _

LEGIBLE INKED PRINTS SHOULD BE TAKEN AT THE TIME OF

SAMPLE COLLECTION

Offender sample may be rejected if prints are illegible. If thumbs are missing or bandaged, use an index or middle finger and note change in the print area.

LEFT THUMB RIGHT THUMB

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Attachment B

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

DNA Investigative Support Database

Oral Swab Collection Kit Instructions

Use the FALCON Rapid-ID device for DNA collection when possible.

• DNA Samples submitted from qualifying offenders by Rapid-ID must be accompanied by the Rapid ID printout form and barcode generated by the application.

• Sign and date the Witness section of the form.

• Follow Sample Collection steps below to complete the oral swab kit.

If Rapid-ID is not available:

• Fill out the collection form including all required information.

• Inked fingerprint impressions must be legible for print classification and comparison purposes. If the offender is missing their thumbs, use another finger and indicate the change on the form. Illegible or missing prints may result in a rejection of the submission.

• Sign and date the Witness and Fingerprint section of the form.

• Follow Sample Collection steps to complete the oral swab kit.

SAMPLE COLLECTION

Use Universal Precautions when handling biological samples

1. Remove the foam swab from the package. Do not touch the foam tip.

Have the qualifying offender rub the foam swab firmly against the inside of each cheek at least six (6) times.

Transfer the sample from the foam swab to the sample card by pressing firmly (do not rub) within the target (pink circled) area of the card.

The pink area should turn white indicating a transfer of sample.

Return the foam swab back into its original package and place the foam swab and sample card inside the affixed sample card/swab envelope.

2. Insert the complete collection kit and Rapid ID printout form (when applicable) into the return envelope and seal.

Mail or hand deliver the Swab Collection Kit to the Florida Department of Law Enforcement

DNA Investigative Support Database in Tallahassee, Florida within 7 days.

FDLE

FLORIDA DEPARTMENT OF

LAW ENFORCEMENT

DNA INVESTIGATIVE SUPPORT DATABASE

To submit a voluntary DNA buccal swab sample, a Consent Waiver Form is available on the

DNA Database Offender Search site located on the Criminal Justice Network (CJNet):

www.flcjn.net/dna-search/DNA/

If your agency does not have access to the CJNet, a Consent Waiver Form is also available on the FDLE Public Site:

www. fdle.state. fl. us/Forensics/Disciplines/ DNA-Database

QUALIFYING OFFENDERS REQUIRED BY LAW

TO PROVIDE A SAMPLE DO NOT NEED TO SIGN

A CONSENT WAIVER.

For additional information see Florida Statute 943.325 and the Florida Administrative Code 110-6.

*Notice re Collection of Social Security Numbers: FDLE asks that you provide your social security number (SSN). The decision to provide your SSN is at your option, and if you provide your SSN, FDLE will use it for purposes of identification, and may share the information with other agencies for the same purpose. FDLE's request for your SSN is authorized by state law§ 119.071(5)(a)2.a.(ii), F.S. because use of it is imperative for FDLE to fulfill its lawful duties and responsibilities.

A-FDLE/FORM: INS-1.2 09/22

FDLE

FLORIDA DEPARTMENT

OF LAW ENFORCEMENT

DNA INVESTIGATIVE SUPPORT DATABASE

ORAL SWAB COLLECTION KIT

Each kit should contain:

1 Sample Collection Card

1 Sterile Foam Tip Swab

1 Return Envelope

FOR QUALIFYING OFFENDER

DNA COLLECTION ONLY

Do not use for the collection of evidence such as suspect, victim, or elimination standards in on-going investigations.

If you have any questions concerning the use of this kit or to order additional kits, please contact the

FDLE DNA Investigative Support Database dnadatabase@fdle.state. fl. us

850-617-1300

FAX 850-921-6086

FDLE/FORM# FOR-005 (09/2022)

Reference Rule 11D-6.003, F.A.C.

Attachment B

ATTACHMENT C

PRICE SHEET

FDLE ITB 2320 Oral Swab Kits

NOTE: Prices shall include all charges for packing, handling, freight, distribution and inside delivery.

Description Price (per kit) of Initial 3 Year Term

Price (per kit) 1st Renewal Year

Price (per kit) 2nd Renewal Year

Price (per kit) 3rd Renewal Year

Oral Swab Collection Kit $ $ $ $

Oral Swab Collection Kit with FDLE-provided Sample Collection Card

BY AFFIXING MY SIGNATURE ON THIS BID RESPONSE, I HEREBY STATE THAT I HAVE READ ALL THE BID TERMS, CONDITIONS, AND SPECIFICATIONS AND AGREE TO ALL TERMS, AND CONDITIONS, PROVISIONS, AND SPECIFICATIONS; AND I CERTIFY THAT I WILL PROVIDE THE COMMODITIES AND

SERVICES AS SPECIFIED IN THE BID.

AUTHORIZED REPRESENTATIVE: ___________________________________________________ _______ (Signature)

NAME AND TITLE: _____________________________________________________________________ _ (Print)

COMPANY: _______________________________________________________________ ______________

ADDRESS: ______________________________________________________________________________

CITY, STATE AND ZIP: ___________________________________________________ _________________

PHONE: __________________________ E-MAIL ADDRESS: ___________

FEDERAL EMPLOYER IDENTIFICATION NUMBER: ___________

ATTACHMENT D

IN-STATE PREFERENCE FORM

Pursuant to Section 287.084, Florida Statutes, relating to the Florida-based business preference, effective July 1, 2012: In a competitive solicitation in which the lowest Bid is submitted by a vendor whose principal place of business is located outside the state of Florida (foreign state) and that state where the vendor’s principal place of…