FDLE-ITB-2551.pdf

FLORIDA

DEPARTMENT OF LAW ENFORCEMENT

INVITATION TO BID

Acknowledgment Form

Page 1 of 23 pages SUBMIT REPLY TO:

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

Agency Release Date: 6/5/25

Solicitation Number:

FDLE ITB 2551

Solicitation Title: FDLE Tallahassee Regional Operations Center Fence Installation

Bids are Due: 6/23/25 at 3:00pm

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

**Bidder Name:

**If a fictitious name is used, include the 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-2551

Section 1 – Introductory Section

1.1. Agency Intent

1.2. Heading and Section References

1.3. General Instructions to Respondents (PUR1001)

1.4. Mandatory Requirements

1.5. Procurement Officer

1.6. Restrictions on Communications

1.7. Schedule of Events / Timeline

1.8. Accessibility for Disabled Persons

1.9. Mandatory Site Visit

1.10. Bidder Questions

Section 2 –Technical Specifications

2.1. Fence Design

2.2. Gates

2.3. Vendor Responsibilities

2.4. Staffing

2.5. Warranty

Section 3 – Invitation to Bid Process

3.1 Special Conditions and Instructions

3.2 Bidder Inquiries

3.3 Addenda

3.4 Discussions

3.5 MyFloridaMarketPlace (MFMP) Registration

3.6 Florida Department of Financial Services Substitute W-9 Initiative

3.7 Bid Submission Format

3.8 Bidder Acknowledgement

3.9 Vendor Generated Terms and Conditions

3.10 Redacted Bid Submission

3.11 Administrative Review

3.12 Price Evaluation

3.13 Cost of Preparing a Vendor Bid

3.14 Firm Response

3.15 Withdrawal of Bid

3.16 Legal Requirements

3.17 Antitrust Violations

3.18 Scrutinized Companies List

3.19 Forced Labor Vendor List (PUR7801)

3.20 Less Than Two Responsive Bids

3.21 Basis of Award

3.22 Posting of Tabulations

3.23 Reserved Rights

Section 4 – Special Conditions Section

4.1. General Contract Conditions (PUR1000)

4.2. MyFloridaMarketPlace (MFMP) Purchase Order Terms and Conditions

4.3. Cooperation With The Inspector General

4.4. Federal Excluded Parties List

4.5. Public Records

4.6. Unauthorized Aliens

4.7. Security and Confidentiality

4.8. No Preference

4.9. Commodities Produced by Forced Labor

Section 5 – Invoicing and Payment

Section 6 – Attachments

(This Section intentionally left blank.)

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 the purchase and installation of a fence to enclose the FDLE Tallahassee Regional Operations Center (TROC) building located at 2090 Summit Lake Dr, Tallahassee, FL 32317. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Purchase Order pursuant to this ITB are conducted pursuant to Chapters 943 and 287 Florida Statutes (F.S.), and Rule 60A-1 Florida Administrative Code (F.A.C.).

1.1. AGENCY INTENT

It is the intent of the FDLE to acquire competitive sealed bids for the purchase and installation of a fence to enclose the FDLE TROC building located at 2090 Summit Lake Drive, Tallahassee, FL 32317. The delivery and installation of the fence must be completed before September 1, 2025. FDLE intends to make a single award from this ITB and issue a Purchase Order.

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 (PUR1001)

Pursuant to Rule 60A-1.002 F.A.C, the State of Florida General Instructions to Respondents (PUR1001) 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 Department. The Department instructions to respondents contained within this ITB supersede any conflicting instructions contained in the PUR1001.

State Purchasing (PUR) Forms / State Agency Resources / State Purchasing / Business Operations - Florida Department of Management Services (myflorida.com)

1.4. MANDATORY REQUIREMENTS

The Department 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.

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

1.5. PROCUREMENT OFFICER

The Procurement Officer, acting on behalf of the Department, 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 Department Notice of Intent to Award is posted on the Vendor Information Portal (VIP).

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

Greer Hannigan Florida Department of Law Enforcement Office of General Services Telephone: (850) 410-7300 Email: CentralPurchasing@fdle.state.fl.us

NOTE: ALL EMAILS TO THE PROCUREMENT OFFICER MUST CONTAIN THE SOLICITATION NUMBER IN THE SUBJECT LINE OF

THE EMAIL

1.6. RESTRICTIONS ON COMMUNICATIONS

Section 287.057(25) F.S. imposes specific communication restrictions related to this solicitation. Respondents to this solicitation, or persons acting on their behalf, are prohibited from contacting any employee or officer of the executive or legislative branch concerning any aspect of this solicitation. This prohibition applies from the release of the solicitation until the end of the 72-hour period following the agency posting the notice of intended award.

This period excludes Saturdays, Sundays, and state holidays. Any communication must be in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

1.7. SCHEDULE OF EVENTS / TIMELINE

The following schedule will be strictly adhered to in all actions relative to this ITB unless modified by the Department by written addenda. The Department will publish all written addenda on the MyFloridaMarketPlace Vendor Information Portal (VIP). No liability to the Department will result from such deviations. All required Bidder 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

6/5/25 4:00 pm FDLE Posts Invitation to Bid Advertisement Vendor Information Portal https://vendor.myfloridamarketplace.com/

6/11/25 5:00 pm Submission Deadline for Bidders to Respond to Mandatory Site Visit

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

6/12/25 10:00 am Mandatory Site Visit FDLE TROC Building 2090 Summit Lake Drive Tallahassee, Florida 32317

6/16/25 5:00 pm Submission Deadline for Bidder Written Questions to Procurement Officer

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

6/18/25 10:00 am FDLE Posts Electronic Written Answers to Bidder Questions (Anticipated)

Vendor Information Portal https://vendor.myfloridamarketplace.com/ mailto:CentralPurchasing@fdle.state.fl.us https://vendor.myfloridamarketplace.com/ mailto:CentralPurchasing@fdle.state.fl.us mailto:CentralPurchasing@fdle.state.fl.us

The Department shall utilize the State of Florida MyFloridaMarketPlace Vendor Information Portal and the Florida Administrator Register for all Invitation to Bid Public Notice information, in accordance with Rule 60A-1.021 F.A.C., and Section 120.525 F.S. and Rule 28-102.001 F.A.C., respectively.

1.8. 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.

1.9. MANDATORY SITE VISIT

A Mandatory Site Visit will be held at the time and location below, as indicated in the Schedule of Events.

Participation in the Site Visit is mandatory and will be a prerequisite for the Agency’s acceptance of a Bid response.

Prospective Bidders are required to contact the Procurement Officer identified in Section 1.5 and provide the company representative(s) who will be attending the Mandatory Site Visit. Company representatives will be required to complete the Certification of Site Visit form (Attachment A), obtain FDLE signature of attendance, and include it in their Bid submission.

Bidders who do not contact the Procurement Officer prior to the date and time indicated in the Schedule of Events will not be allowed to attend the Site Visit, nor will another Site Visit be arranged.

Please arrive at least 15 minutes prior to the scheduled Site Visit.

Location: Florida Department of Law Enforcement Tallahassee Regional Operations Center

2090 Summit Lake Dr Tallahassee, FL 32317

Date: June 12, 2025

Time: 10:00 am

1.10. BIDDER QUESTIONS

Questions relevant to this ITB are invited and should be submitted in written form (e-mailed) utilizing the Question Submittal Form (Attachment B) to the Procurement Officer. Questions must be received by the FDLE Procurement Officer on or before the date and time identified in the Schedule of Events (Section 1.7). The Department

6/23/25 3:00 pm Bid Responses Due to FDLE

FDLE Office of General Services

6/23/25 3:30 pm Public Meeting / Opening of Bids FDLE Headquarters 2331 Phillips Road Tallahassee, Florida 32308 recommends that Bidders confirm receipt of questions submitted.

Responses to all questions will be posted on the VIP in accordance with the Schedule of Events. The written response posted on the VIP is the ONLY official response. Oral responses that differ from the written responses must be considered invalid. It is the responsibility of the Bidder to monitor the VIP as no additional notification will be provided when responses to questions are posted.

SECTION 2 –TECHNICAL SPECIFICATIONS

2.1. FENCE DESIGN

The fence shall completely enclose the desired area of the property with two (2) powered sliding vehicle gates, one (1) manual swinging gate, and one (1) pedestrian gate as indicated in Attachment H Fence Map Image. The fence shall be eight (8) feet tall and be comprised partially of black decorative fencing and partially of black chain link fencing with a black privacy screen as indicated in Attachment H Fence Map Image. The decorative fencing portion must be similar in style to Attachment J Decorative Style Fence Image, and the chain link portion with black privacy screen must be similar in style to Attachment I Chain Link with Privacy Screen Style Fence Image.

2.2. GATES

Two (2) powered sliding vehicle gates shall be installed at the designated locations in Attachment H Fence Map Image. The gates shall be consistent in style and height with the surrounding fence and shall have the ability to be controlled by key card access as set up by FDLE independently of this ITB. Gate A shall be installed at a location that will allow a standard sized vehicle to fit comfortably between the road and gate.

One (1) manual swinging gate shall be installed at the designated location in Attachment H Fence Map Image. The gate shall be consistent in style and height with the surrounding fence and shall be manually controlled. One end of the gate shall be permanently affixed to the fence with hinging capabilities. The other end of the fence shall have the ability to lock with a removable post at the location designated in Attachment H Fence Map Image. The post shall have the ability to be firmly and securely implanted in the ground and shall be removable in nature to allow vehicles to drive directly over the location of the post when the post is removed.

One (1) swinging pedestrian gate shall be installed at the designated location in Attachment H Fence Map Image.

The gate shall be consistent in style and height with the surrounding fence and shall have the ability to be controlled by key card access as set up by FDLE independently of this ITB.

2.3. VENDOR RESPONSIBILITIES

The vendor shall be responsible for the labor, materials, equipment, and miscellaneous items required to install the fence as outlined in this ITB.

The vendor shall be responsible for contacting utility providers to ensure underground utilities are marked as necessary.

The vendor shall be responsible for clearing all vegetation necessary to install the fence.

The vendor shall be responsible for contacting a survey company and conducting a survey to establish the property lines and ensure that the fence is constructed within the confines of the property lines.

The vendor shall be responsible for cutting and patching asphalt and concrete as necessary to ensure the structural integrity of the fence and gates.

The vendor shall be responsible for ensuring electrical power access has been provided to the two (2) powered sliding vehicle gates and one (1) manual walking gate.

2.4. STAFFING

The awarded vendor shall provide qualified employees to perform the requirements of this ITB.

The awarded vendor’s employees shall work under the awarded vendor’s direct supervision at all times. The awarded vendor’s supervisor shall have a thorough knowledge of the project and shall properly direct awarded vendor’s employees in their assigned tasks to ensure the project is accomplished in an efficient and effective manner.

The awarded vendor’s employees shall observe the Department’s rules and regulations as made known to the awarded vendor by the Department. The awarded vendor’s employees shall conduct themselves in a professional, courteous, and appropriate manner at all times. Awarded vendor’s employees shall wear attire representative of the company and easily identifiable at all times while on site.

2.5. WARRANTY

Must include manufacturer’s warranty and installation warranty of three (3) years from the date of installation and acceptance by the FDLE.

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 “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 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 Department 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 BIDDER INQUIRIES

The Bidder will examine the ITB to determine if the Department requirements are clearly stated. If there are requirements that 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 72 hours after the posting of the solicitation. The Department will determine what, if any, changes to the ITB will be accepted. If required, the Department will issue addenda reflecting the changes.

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

3.3 ADDENDA

The Department 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 Department 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 Department.

All addenda will be provided via the VIP at the following website: https://vendor.myfloridamarketplace.com/

Bidders are not authorized to make any changes to the ITB including forms or attachments submitted with their Bid, unless otherwise specified. Making such modifications may be grounds for deeming the Bidder non-responsive.

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

3.4 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 Department 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 Department, Office of General Services may be considered as a duly authorized expression on behalf of the Department. Also, only communications from Bidders, which are in writing and signed or electronically submitted, will be recognized by the Department as duly authorized expressions on behalf of the Bidder.

3.5 MYFLORIDAMARKETPLACE (MFMP) REGISTRATION

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to Section 287.057(24), Florida Statutes (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 (1.0%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, Florida Administrative Code (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 Department 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.

Information about the registration process is available and registration may be completed at the MFMP website:

Vendor Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) 352-3776.

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

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

• 46151505: Barriers

• 72154013: Fence construction service

3.6 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. Bidders must submit their W-9 forms electronically at the DFS website: https://flvendor.myfloridacfo.com/

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

3.7 BID SUBMISSION FORMAT

The instructions for this solicitation have been designed to help ensure that all Replies are reviewed and evaluated in a consistent manner, as well as to minimize costs and response time. Any and all information submitted in variance with these instructions is subject to not being reviewed or evaluated.

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-2551

TITLE: FDLE TALLAHASSEE REGIONAL OPERATIONS CENTER FENCE INSTALLATION

BID OPENING: FRIDAY, JUNE 23, 2025 3:30 P.M.

The Department 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 32304

A Bidder 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

https://flvendor.myfloridacfo.com/

BIDS RECEIVED AFTER THE EXACT TIME/DATE SPECIFIED IN SECTION 1.7 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 DEPARTMENT, 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.

Bidders should submit their Bid to include all required documents as listed in Section 3.11(A) of FDLE-ITB-2551

Bidder generated price sheets will not be accepted. The Grand Total shall include ALL charges for the labor and materials to complete the specifications listed in Section 2 of this ITB. 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 Purchase Order is issued.

3.8 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.

3.9 VENDOR GENERATED TERMS AND CONDITIONS

Department 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 Purchase Order issued by the Department 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 Department or the Bidder unless expressly contained herein or by a written addendum to this ITB.

3.10 REDACTED BID SUBMISSION

Pursuant to section 19, Public Records, of the PUR1001 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 Department 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 Bidder on the cover, and should be clearly titled “Redacted Copy”. The Redacted Copy must be provided to the Department at the same time the Bidder 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 BIDDER FAILS TO SUBMIT A REDACTED COPY WITH ITS BID AS DESCRIBED HEREIN, DEPARTMENT IS AUTHORIZED TO PRODUCE THE ENTIRE DOCUMENT(S), DATA OR RECORDS SUBMITTED BY THE BIDDER. THE ITB

AND THE SUCCESSFUL VENDOR’S BID WILL BE INCORPORATED INTO THE PURCHASE ORDER.

3.11 ADMINISTRATIVE REVIEW

Each Bidder 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. Department seeks to maximize competition and reserves the right to seek clarification or conduct a cure process from responding Bidders 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 Department’s discretion, the discrepancy does not prevent review of the Bid by Department and can be easily and quickly remedied. Failure of a Bidder to provide an original/completed form or certification in the Bid submission or timeframe as provided by the Department will cause a Bidder to be deemed Non-Responsive and therefore disqualified from further consideration.

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

• FDLE ITB 2551 Acknowledgement Form

• Attachment A – Certification of Site Visit

• Attachment C – Price Sheet

• Attachment D – In State Preference Form

• Attachment F – Scrutinized Companies List Certification

• Attachment G – Vendor Certification Form PUR7801

• Written Certification on Company Letterhead in Accordance with Section 4.9 of FDLE-ITB-2551

• Any applicable Bid Addenda

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 DEPARTMENT 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.

3.12 PRICE EVALUATION

The Department will take the following steps upon opening Bids:

A. Confirm the Bid includes a Total Grand Cost B. Confirm the Bid is submitted using the FDLE-ITB-2551 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

Department shall determine the order of award in accordance with Sections 287.057(12), 287.082, 287.084, 287.087, and 287.92, F.S.

• Certified Minority Business Enterprises

Pursuant to Section 287.057(12) F.S., if two (2) equal Bids are received and one Bid is from a Certified Minority Business Enterprise as defined in Section 288.703 F.S., the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their Bid Response. Bidders 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, service, and the commodities are manufactured, grown, or produced within this state shall be given preference.

Pursuant to Section 287.084 F.S., Bidders 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.

Section 287.084 F.S. 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 https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd 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 E)

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 Section 287.087 F.S. Submission of Attachment E is not required as a matter of bid responsiveness, but is a precondition of eligibility for this preference.

3.13 COST OF PREPARING A VENDOR BID

Department 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.

3.14 FIRM RESPONSE

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

Department 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 an award is not made within 60 days, the Bid shall remain firm until either the Department issues a Purchase Order or the Department receives from the Bidder written notice that the Bid is withdrawn. Any response that expresses a shorter duration may, in the Department’s sole discretion, be accepted or rejected.

3.15 WITHDRAWAL OF BID

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. Bids withdrawn prior to the Bid due date and time will be returned, unopened to the Bidder at the Bidder’s expense.

3.16 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 Department. 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.

3.17 ANTITRUST VIOLATIONS

Pursuant to Section 287.137(2)(a), F.S., 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.

3.18 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 F to evidence this certification with their Bid response.

3.19 FORCED LABOR VENDOR LIST (PUR7801)

Pursuant to Section 287.1346 F.S., An agency may not accept a bid, proposal, or reply from; award a contract to;

or transact business pertaining to the provision of commodities with a company on the forced labor vendor list, or an entity under the control of such company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list pursuant to paragraph (5)(d).

Bidders must provide the completed Attachment G with their Bid response.

State Purchasing (PUR) Forms / State Agency Resources / State Purchasing / Business Operations - Florida Department of Management Services (myflorida.com)

3.20 LESS THAN TWO RESPONSIVE BIDS

In the event that the Department receives less than two (2) Responsive Bids, the Department may negotiate the best terms and conditions pursuant to Section 287.057(6), F.S.

3.21 BASIS OF AWARD

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

3.22 POSTING OF TABULATIONS

The Department 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.

3.23 RESERVED RIGHTS

The Department 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 Bidder’s capabilities

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

SECTION 4 – SPECIAL CONDITIONS SECTION

4.1. GENERAL CONTRACT CONDITIONS (PUR1000)

Pursuant to Rule 60A-1.002 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 Department. The FDLE ITB Special Conditions Section supersedes any conflicting terms or instructions contained in the PUR1000.

State Purchasing (PUR) Forms / State Agency Resources / State Purchasing / Business Operations - Florida Department of Management Services (myflorida.com)

4.2. MYFLORIDAMARKETPLACE (MFMP) PURCHASE ORDER TERMS AND CONDITIONS

The intent of the Department is to issue an electronic purchase order to the awarded Bidder for all commodities and/or services as specified herein. The MFMP e-Procurement system contains predetermined Terms and Conditions. The FDLE ITB and Standard Terms and Conditions supersede any conflicting terms and conditions contained in the MFMP system.

PO Terms & Conditions / MFMP Agency Customers / MyFloridaMarketPlace / State Purchasing / Business Operations - Florida Department of Management Services

4.3. COOPERATION WITH THE INSPECTOR GENERAL

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

4.4. 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.

4.5. PUBLIC RECORDS

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 850-

410-7676, PUBLICRECORDS@FDLE.STATE.FL.US, OR VIA MAIL AT P.O. BOX 1489, ATTN:

PUBLIC RECORDS DIVISION, TALLAHASSEE, FL 32302.

4.6. UNAUTHORIZED ALIENS

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

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 https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions mailto:publicrecords@fdle.state.fl.us

4.7. SECURITY AND CONFIDENTIALITY

All agents and subcontractors with access to the Department’s facilities to be engaged by the Contracting Party in the performance of this purchase order must be approved by Department and must abide by all applicable terms and conditions of the purchase order as well as Department security of information resources policies and procedures, State of Florida information security laws and rules.

Whenever necessitated by a legitimate concern for reasonable security precautions as determined by the Department and without regard to the identity of any individual, the Department will require the Contracting Party(ies) and/or employees of the Contracting Party(ies) to submit to, and successfully pass, an appropriate security background investigation prior to being allowed access to any of the Department’s facilities to perform those services as set forth in this Purchase Order. Department reserves the right to have Contracting Party’s staff removed from the account when it is determined to be in the best interest of the State.

4.8. NO PREFERENCE

Pursuant to Section 287.05701 F.S., the Department does not give preference to any vendor based on that vendor’s social, political or ideological interests.

4.9. COMMODITIES PRODUCED BY FORCED LABOR

All companies submitting a bid, proposal, or reply for a contract with this agency, as well as those entering into or renewing a contract for the provision of commodities, are hereby notified of the requirements outlined in Section 287.1345, Florida Statutes.

In accordance with this section, it is mandatory that, at the time of submission and prior to entering into or renewing a contract with this agency, a member of the company’s senior management must provide a written certification on company letterhead. This certification must affirm, to the best of the senior management member's knowledge, that the commodities offered by the company have not been produced, in whole or in part, by forced labor.

For the purposes of this section:

• "Forced labor" means work or service exacted from any person, including a minor, under the menace of a penalty for nonperformance and for which the worker does not offer himself or herself voluntarily or an activity that violates s. 787.06.

• "Senior management" includes chief executive officers; assistant chief executive officers, including, but not limited to, assistant presidents, vice presidents, or assistant treasurers; chief financial officers; chief personnel officers; or any employee of an entity performing similar functions.

Failure to comply with this requirement may result in disqualification from the procurement process and potential legal consequences.

SECTION 5 – INVOICING AND PAYMENT

Upon completion of services to the Department, the Bidder may submit an itemized invoice for payment. Invoices must, at a minimum, include the following information:

A. Vendor Name and remit to address B. Vendor billing contact phone number and/or email address C. Purchase Order number D. Billing Date E. Deliverable with description F. Payment amount due

The…