ITB 035-22 Cargo Tank Training Aids.pdf

FLHSMV-ITB-035-22

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

April 14, 2022

With this sheet you have received solicitation documents for the following:

Solicitation Number: FLHSMV-ITB-035-22

Title of Bid (items solicited): Cargo Tank Training Aids

Commodity Code(s): 24111800 – Tanks, cylinders, and accessories 20142900 - Storage vessels and tanks

46200000 - Defense and law enforcement and security and safety training equipment

46201000 - Public safety training equipment 46211500 - Workplace safety training aids and materials

Date and Time Bids are Due: May 3, 2022, no later than 2:00 p.m., Eastern Time

Department of Highway Safety and Motor Vehicles Neil Kirkman Building

2900 Apalachee Parkway Tallahassee, Florida 32399-0524

It is important that Bidders monitor the Vendor Information Portal (VIP) for any changes to this solicitation. It is the responsibility of the Bidder to check the VIP for new or changing information.

To receive information on Department of Highway Safety and Motor Vehicles solicitations 24 hours a day, 7 days a week, visit the Vendor Information Portal (VIP) at: https://vendor.myfloridamarketplace.com/

Note: Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (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.

https://vendor.myfloridamarketplace.com/

Table of Contents

1.0 Purpose and General Overview

1.1 Purpose

1.2 Definitions

1.3 Procurement Officer

1.4 Term

1.5 Renewals

1.6 Solicitation Conflicts and Order of Precedence

2.0 ITB Process Overview

2.1 General Overview

2.2 Bidder Questions

2.3 Addenda

2.4 Bid Opening

2.5 Disclosure of Bid Contents

2.6 Modification or Withdrawal of Bid

2.7 Diversity

2.8 Minority and Service-Disabled Veteran Business Enterprise Report

2.9 Non-Exclusive Rights

2.10 Bid Tenure

2.11 Accessibility for Disabled Persons

2.12 Cooperation with the Inspector General

2.13 MyFloridaMarketPlace Transaction Fee

3.0 Bid Instructions

3.1 Price Sheet Instructions

3.2 Mandatory Requirements

3.3 Minor Bid Exceptions

3.4 Non-Responsive Bids, Non-Responsible Bidders

3.5 Subcontracts

4.0 Bid Submission Instructions

4.1 Bid Submission

4.2 Delivery of Bid Submittal

4.3 Bid Guarantee

4.4 Redacted Submissions

4.5 Bid Submission Contents

4.6 Contractual Submissions

4.7 Contractor Responsibility

4.8 Additional Documents/Requirements

5.0 Award Methodology

5.1 Basis of Award

5.2 Florida Preference

5.3 Identical Bids

5.4 Posting of Agency Decision

5.5 Contractual Submissions

Attachments and Exhibits:

ATTACHMENT A - CALENDAR OF EVENTS

ATTACHMENT B - SCOPE OF WORK

ATTACHMENT C - ADDITIONAL TERMS AND CONDITIONS

ATTACHMENT D - BIDDER INFORMATION FORM

ATTACHMENT E - SUBCONTRACTOR UTILIZATION FORM

ATTACHMENT F - PRICE SHEET

ATTACHMENT G - BIDDER QUALIFICATION QUESTIONS

ATTACHMENT H - CONTRACTOR CERTIFICATION REGARDING SCRUTINIZED

COMPANIES LIST

ATTACHMENT I – REQUIRED CERTIFICATIONS

Solicitation Introduction

Listed below are important things to keep in mind when responding to a solicitation for the Florida Department of Highway Safety and Motor Vehicles.

A. Read the entire document. Note critical items such as: mandatory requirements;

bond(s) requirements (bid, performance and/or damages); sample(s) required;

supplies/services required; submittal dates; number of copies required for submittal;

funding amount and source; and contract requirements (e.g., contract performance security, insurance requirements, performance and/or reporting requirements, etc.).

B. Note the Procurement Officer's name, address, phone number(s) 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.

C. 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. Also, please refer to any Addenda.

D. Follow the format required in the solicitation when preparing your bid submittal.

Provide point-by-point responses to the required sections in a clear and concise manner and do not skip or miss sections.

E. Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the Department or evaluation committee (if applicable) will know what your company’s capabilities are or what items/services you can provide, even if you have previously contracted with the Department. The bids are reviewed based solely on the information and materials provided in your bid submittal.

F. Use the forms provided. For example: Certification forms; Price Bid forms;

Savings/Discount/Price Reduction; Customer References; etc., if any are included in this solicitation.

G. Review and read the solicitation document again to make sure that you have addressed all requirements. Your original bid submittal and the requested copies must be identical and be complete. At least one copy must bear an original signature.

H. Submit your bid submittal on time. Note all of the dates and times listed in the Calendar of Events and within the document and be sure to submit all required items on time. Allow additional time for handling by postal or shipping services.

Regardless of submittal method utilized, late bids will not be opened and will be rejected. In addition, faxed or emailed bid submittals are not allowed and will not be accepted.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

1.0 Background/Purpose

1.1 Purpose

The Department of Highway Safety and Motor Vehicles (Department), Division of the Florida Highway Patrol (FHP) is issuing this Invitation to Bid (ITB) to obtain competitive bids for the fabrication, assembly and delivery of Cargo Tank Training Aids more fully described in Attachment B, SCOPE OF SERVICES.

1.2 Definitions

A. Awarded Contractor (also referred to as “Vendor”): The party selected for award under this ITB, with whom the Department intends to enter into a formal contract document.

B. Authorized Representative: The owner, corporate officer, or director of the Contractor authorized to legally bind it in a contractual obligation. A document establishing delegated authority must be included with the bid submission, if signed by other than the Authorized Representative.

C. Bid: All information and materials submitted by a Bidder in response to this solicitation.

D. Contract: A formal written agreement that may be required to be executed by the successful bidder and the Department containing all terms and conditions applicable to any purchase to be made as a result of this ITB.

The terms “contract” and “purchase order” are intended to be used interchangeably herein. (NOTE: Whether a contract is required in addition to issuance of a purchase order will depend upon the amount and nature of the purchase.)

E. Contractor: The Bidder who is awarded a contract by the Department as a result of this solicitation.

F. Day: A calendar day, unless otherwise specified.

G. FHP: Florida Highway Patrol, a division within the Florida Department of

Highway Safety and Motor Vehicles.

H. ITB: Invitation to Bid.

I. Product: The items sought by this ITB and to be provided/delivered to the Department by the prospective Contractor, should the Contractor be selected for award.

J. Purchase Order: The purchasing document memorializing and/or incorporating the terms and conditions of the purchase issued by the Department via the eProcurement system. See PUR Form 1000, paragraph 2, referenced in ATTACHMENT C, ADDITIONAL TERMS AND CONDITIONS. (Note: The terms “Purchase Order” and “Contract” are intended to be utilized interchangeably herein, although a purchase order is not “executed” by the parties.)

K. State: State shall be synonymous with the Florida Department of Highway

Safety and Motor Vehicles.

L. Subcontractor: Any person, other than an employee of the contractor, who performs any of the services listed in this solicitation for compensation paid by the Contractor. See solicitation to determine whether subcontracting is permitted.

M. Vendor: Any firm or person who submits a bid to the Department in response to this solicitation. (NOTE: The terms “Bidder,” “Vendor” and “Contractor” may be utilized herein interchangeably.)

Also see links provided in ATTACHMENT C, ADDITIONAL TERMS AND CONDITIONS for additional definitions in PUR 1000, Paragraph 1, and PUR 1001, Paragraph 1.

1.3 Procurement Officer

The Procurement Officer, acting on the behalf of the Department, is the sole point-of-contact regarding all procurement matters relating to this solicitation. All questions and requests for clarification are to be directed to:

Stephanie Sanford Bureau of Purchasing and Contracts Florida Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Mail Station 31 2900 Apalachee Parkway Tallahassee, Florida 32399-0524 850-617-3184 stephaniesanford@flhsmv.gov

Subsection 287.057(25), F.S., 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 seventy-two (72) hour period following the agency https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:stephaniesanford@flhsmv.gov mailto:stephaniesanford@flhsmv.gov posting of 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.”

1.4 Term

The contract term shall be for a period of up to three (3) years from the date of contract execution or issuance of the purchase order, unless terminated earlier by the Department under the terms provided herein, with the option to renew for a period of up to three (3) years.

1.5 Renewals

Renewal may be structured as a single three-year term, three (3) one (1) year terms, or any combination totaling no more than three (3) years. Exercise of the renewal option is at the Department’s discretion and will be contingent upon satisfactory service, and subject to annual appropriation by the state Legislature (See, subsection 287.057(14), F.S.).

1.6 Solicitation Conflicts and Order of Precedence

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

A. Invitation to Bid Addenda, in reverse order of issuance;

B. Invitation to Bid, including ATTACHMENT B, SCOPE OF WORK;

C. General Contract Conditions (PUR 1000); and D. General Instructions to Respondents (PUR 1001).

E. Contractor’s submitted bid.

2.0 ITB Process Overview

2.1 General Overview

The Invitation to Bid (ITB), is a method of competitively soliciting a commodity or contractual service under section 287.057(1)(a), F.S., by awarding a contract to the bidder submitting the lowest (cost) responsive and responsible bid (i.e., successful bidder). The Department posts an ITB on the state of Florida Vendor Information Portal (VIP) to initiate the solicitation process.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

2.2 Bidder Questions

Questions related to this ITB must be received in writing, via email, by the Procurement Officer listed in the Procurement Officer section above, within the time indicated in ATTACHMENT A, CALENDAR OF EVENTS. Questions must reference FLHSMV-ITB-035-22 in the subject line of the e-mail.

Written answers to questions received by the Department will become part of this solicitation and will be posted on the Vendor Information Portal (VIP), through an addendum, on or about the date referenced in the Calendar of Events.

Note: The Department reserves the right to respond to late-submitted questions if to do so is in the state’s best interest (e.g., the question identifies inconsistent terms that could negatively impact service delivery or pricing).

2.3 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, it will be posted on the Vendor Information Portal (VIP):

It is the responsibility of the Bidder to check the Vendor Information Portal (VIP) for new or changing information.

2.4 Bid Opening

The Department will hold an opening via conference call of the bids at the date and time indicated in ATTACHMENT A, CALENDAR OF EVENTS.

2.5 Disclosure of Bid Contents

All documentation produced as part of the ITB will become the exclusive property of the Department and will not be returned to the Bidder unless it is withdrawn prior to the bid opening in accordance with subsection 2.6, Modification or Withdrawal of Bid, below.

The Department shall have the right to use any and all ideas or adaptations of ideas contained in any bid received in response to this solicitation. Selection or rejection of the bid will not affect this right.

2.6 Modification or Withdrawal of Bid

Bidders may modify a bid at any time prior to the bid due date by sending the modified bid submittal to the Procurement Officer. A bid may be withdrawn by notifying the Procurement Officer in writing before the bid opening.

2.7 Diversity

The Department is dedicated to fostering the continued development and economic growth of minority, veteran, and women-owned businesses.

Participation of a diverse group of Bidders doing business with the state is central to the Department’s efforts. To this end, small minority, veteran-owned, and women-owned business enterprises are encouraged to participate in the state’s procurement process as both prime Bidders and subcontractors under prime contracts.

The state of Florida’s Office of Supplier Diversity may be reached at 850-487-0915 and can assist in furnishing names of qualified minorities for subcontracting activities under prime contracts. (See, subsection 2.8, Minority and Service- Disabled Veteran Business Enterprise Report, below.)

2.8 Minority and Service-Disabled Veteran Business Enterprise Report

A. The Contractor shall provide to the Department a monthly Minority and

Service-Disabled Veteran Business Enterprise Report. The monthly report shall summarize the participation of certified and non-certified minority and service-disabled veteran subcontractors/material suppliers performing any services related to the Contract for the current month.

B. The Contractor shall complete and submit, Monthly Minority and Service- Disabled Veteran Business Report, by the 5th day of the following month (or next business day if the 5th day is on a weekend day or holiday) to the following Department email address:

bpcreporting@flhsmv.gov Note the subject line of the e-mail with: Monthly MBE DV Report

C. Should the Contractor utilize subcontractors/material suppliers meeting the criteria in this section but have nothing to report for the month (for whatever reason), the Contractor shall still send an e-mail to the address identified above stating that there is no information to report for the previous month.

D. Should the Contractor not utilize subcontractors/material suppliers meeting the criteria in this section, the Contractor shall provide a letter to the email address noted above, on Contractor letterhead, indicating that this reporting requirement does not apply. If this changes, however, at any time during the contract term, the Contractor shall immediately implement the reporting requirements of this section.

2.9 Non-Exclusive Rights

The right to provide the Products or services, as applicable, which will be granted under the resultant contract/purchase order, shall not be exclusive. The Department reserves the right to contract for and purchase Products or services from as many firms as it deems necessary without infringing upon or terminating the resultant contract/purchase order.

2.10 Bid Tenure

All bids are binding for one hundred eighty (180) days following the bid opening date.

2.11 Accessibility for Disabled Persons

If special accommodations are needed to attend any solicitation-related event open to the public, please advise the Bureau of Purchasing and Contracts at 850- 617-3203 no later than five (5) business days prior to the event.

2.12 Cooperation with the Inspector General

The Contractor shall cooperate and ensure that its subcontractors, if any, cooperate with the Department’s Inspector General in any investigation, audit, inspection, review, or hearing pursuant to section 20.055, F.S.

2.13 MyFloridaMarketPlace Transaction Fee

The Florida Department of Management Services (DMS) has instituted MyFloridaMarketPlace, a statewide eProcurement System. Pursuant to subsection 287.057(24), F.S., all payments shall be assessed a Transaction Fee (see, statutory section for fee amount), which each Contractor shall pay to the state of Florida, unless exempt pursuant to Rule 60A-1.031, Florida Administrative Code (F.A.C.).

For payments within the state accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, each Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, a Contractor certifies their correctness. All such reports and payments shall be subject to audit by the state or its designee.

Each Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of the agreement.

Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING

TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE

BUSINESS WITH THE STATE.

3.0 Bid Instructions

3.1 Price Sheet Instructions

The Bidder must submit a completed electronic copy (Excel) and a signed PDF copy of ATTACHMENT F, PRICE SHEET as provided by the Department, to be considered for award.

A. The Bidder shall provide a price(s) in each yellow cell of ATTACHMENT F, PRICE SHEET, for both initial and renewal term. Failure to provide a price in a yellow cell may deem the prospective Contractor non-responsive. All unit prices shall include any and all costs related to materials, parts, labor, and processing. Shipping, handling and delivery will have a separate line.

B. The Bidder shall use legible handwriting, if applicable, when completing the price sheet(s).

C. All price sheet calculations will be verified for accuracy by the Department.

If mathematical error(s) in a Bidder’s price sheet calculations are identified, unit prices submitted by the Bidder will be used to determine the total price for that Bidder, unless determined otherwise by the Department.

Price(s) will be final based on Department verification. Department-corrected price sheets will be made available upon written request to the Bidder as permitted by state law.

D. The Department will not agree to caveat language for pricing within ATTACHMENT F, PRICE SHEET. A bid submittal that includes caveat language for pricing will be viewed as a conditional bid and the Department will reject the Bidder’s bid submittal. (See, also subsection 3.4, Non- Responsive Bids, Non-Responsible Bidders, below.)

E. ATTACHMENT F - PRICE SHEET, shall be labeled and tabbed separately and should be included with the original electronic copy of the submission.

3.2 Mandatory Requirements

The Department has established certain mandatory requirements which must be included as part of any bid. The use of the terms “shall”, “must”, or “will” (except to indicate a future event) in this solicitation indicates a mandatory requirement or condition.

The words “should” or “may” in this solicitation indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature will not itself cause rejection of a bid.

3.3 Minor Bid Exceptions

The Department reserves the right to waive minor deviations or exceptions in bids providing such actions are in the best interest of the state of Florida and the Department. Minor deviations/exceptions are defined as those that have no adverse effect upon the state’s interest and would not affect the outcome of the award by giving a Bidder an advantage or benefit not enjoyed by other Bidders.

3.4 Non-Responsive Bids, Non-Responsible Bidders

Bids that do not conform in all material respects to the requirements of this solicitation or which fail to provide all required information, documents, or materials, will be rejected as non-responsive.

Material requirements of the solicitation are those set forth as mandatory or without which an adequate analysis and comparison of bids are impossible, or those which affect the competitiveness of bids, or the cost to the Department.

Bidders whose bids, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the resulting Contract may be rejected as non-responsible. The Department reserves the right to determine which bids meet the material requirements of the solicitation, and which Bidders are responsible.

“Responsible” or “Qualified Bidder” means a person or firm with the capability in all respects to perform fully the contract requirements and the integrity and reliability to assure good faith performance. Failure to provide information to determine responsibility in bid submittal to a condition of a bid requiring such information may be cause for rejection of the bid.

Bid submittals will be considered only from Bidders who are regularly engaged in the type of service/products/business that is the subject of this solicitation, are financially responsible, and have the necessary equipment and personnel to provide the services and goods required by the solicitation.

A bid that includes any qualifying language, conditions, caveat(s), or modification(s), or other language not meeting or changing the material requirements of the ITB, anywhere in the Bid will be viewed as a conditional bid and the Department will reject the Bid.

3.5 Subcontracts

Anticipated subcontract agreements known at the time of bid submission, including the percentage of work to be performed by each subcontractor, must be identified in the bid using Attachment E – Subcontractor Utilization Form, or the bid will be deemed non-responsive. The Contractor may, only with prior written consent of the Department, enter into written subcontracts for the provision of goods, as indicated in this ITB. If a subcontract has been identified at the time of bid submission, a copy of the proposed subcontract must be submitted.

No subcontract, which the Contractor enters into with respect to performance of any of its functions under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties.

4.0 Bid Submission Instructions

4.1 Bid Submission

The Bidder shall submit:

4.1.1 One (1) original (marked “Original Bid”) with one (1) redacted copy of the bid submittal (marked “Redacted Copy”), if applicable (see, subsection

4.4 Redacted Submissions, below).

4.1.2 An electronic copy of the original bid and of the redacted bid, if applicable. The electronic copies (one copy of each) shall be emailed to the Procurement Officer. The software used to produce the electronic files must be Microsoft Word 2010 and/or Excel 2010 or later. These electronic files must be logically named and easily mapped to the hard copy bid. The electronic media should be clearly labeled in the same manner as the hard copies. The redacted copy of the bid should be suitable for release to the public. Any confidential or trade secret information covered under section 812.081, F.S., should be either redacted or completely removed. The redacted bid shall be marked “REDACTED COPY” and must contain a transmittal letter authorizing release of the redacted version of the bid in the event the Department receives a public records request.

4.2 Delivery of Bid Submittal

All bids shall be submitted to the Procurement Officer at the EMAIL address identified in subsection 1.3 and must be received by or before the date and time indicated in ATTACHMENT A, CALENDAR OF EVENTS. The Department will not consider late bids. Bidders are advised to examine their bids carefully and to ensure all mandatory requirements are met and that the bid is delivered no later than the time of the bid opening. This is a mandatory requirement.

PLEASE MARK EMAIL WITH: FLHSMV-ITB-035-22 – OFFICIAL BID

Note: Electronic submissions via MyFloridaMarketPlace are not required and will not be accepted for this ITB. This takes precedence over PUR1001, General Instruction #3.

4.3 Bid Guarantee

The Department does not require a bid guarantee for this solicitation.

4.4 Redacted Submissions

The following subsection supplements section 19 of the PUR 1001. If the Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Bidder must mark the document as “Confidential” and simultaneously provide the Department with a separate redacted copy of its bid submittal and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption.

This redacted copy shall contain the Department’s solicitation name, number, and the Bidder’s name on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Bidder claims are confidential, proprietary, trade secret, or otherwise not subject to disclosure.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution or other authority, to which documents that are marked as confidential are responsive, the Department will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the Bidder such an assertion has been made. It is the Bidder’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119 or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Bidder in a legal proceeding, the Department shall give the Bidder prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law). The Bidder shall be responsible for defending its determination that the redacted portions of its bid submittal are confidential, proprietary, trade secret, or otherwise not subject to disclosure.

By submitting a bid, the Bidder agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Bidder’s determination that the redacted portions of its bid are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Bidder fails to submit a redacted copy of information it claims is confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request for these records.

4.5 Bid Submission Contents

Bids shall be prepared simply and economically, providing a straightforward, concise delineation of the contractor’s capabilities to satisfy the requirements of this ITB. Elaborate responses with colored displays, and promotional material are not desired. The emphasis of each bid shall be on completeness and clarity of content. The bid forms furnished with this ITB must be submitted with the bid and are to be filled out in pen and ink or typewritten with no alterations, changes, or amendments made within. All forms must be signed and dated by the Bidder’s Authorized Representative.

The entire bid packet with all forms and documents required shall be referred to as the Bidder’s “bid submittal.”

Mandatory attachments/documents to be completed, signed, and included with the bid:

A. ATTACHMENT D, BIDDER INFORMATION FORM;

B. ATTACHMENT E, SUBCONTRACTOR UTILIZATION FORM;

C. ATTACHMENT F, PRICE SHEET;

D. ATTACHMENT G, BIDDER QUALIFICATION QUESTIONS.

• Bidders will complete, sign and submit ATTACHMENT G, BIDDER QUALIFICATION QUESTIONS, attached hereto and made a part of this ITB, with the bidder’s bid submittal. Responses provided will not result in rejection of the bid. The Department reserves the right to verify the Bidder’s status for any of the Bidder Qualification Questions.

• As applicable, if out-of-state bidder, a written letter from an attorney-at-law meeting the requirements in subsection 5.2, Florida Preference, below.

E. ATTACHMENT H, CONTRACTOR’S CERTIFICATION REGARDING

SCRUTINIZED COMPANIES LIST;

F. ATTACHMENT I, REQUIRED CERTIFICATIONS.

Completed forms must be included in the Bidder’s bid submittal. If any item is missing or incomplete, the bid submittal may be deemed non-responsive.

4.6 Contractual Submissions

A Bidder’s bid submittal to this solicitation shall be considered as the Bidder’s formal offer. There will be no separate contract other than the purchasing document (purchase order or contract), and any documents incorporated therein.

4.7 Contractor Responsibility

Following award, the Department will consider each awarded Contractor to be the sole point-of-contact regarding contractual matters. The Contractor will assume sole responsibility for providing the products and/or services offered in its bid whether or not the Contractor is the manufacturer of said products or provider of such services or any component, thereof.

4.8 Additional Documents/Requirements

The following documents and/or requirements are to be completed upon notice of award and prior to contract execution or purchase order issuance:

A. Florida Department of State Registration

Pursuant to section 607.1501, F.S., out-of-state corporations are required to obtain a Florida Certificate of Authority pursuant to subsection 607.1503(1), F.S., from the Florida Department of State, Division of Corporations, to transact business in the state of Florida. The Bidder agrees to attain such authorization, if applicable, within seven (7) business days of notice of award, should the Bidder be awarded the contract. Website:

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

B. Florida Substitute Form W-9 Process

Bidders must register and complete an electronic Substitute Form W-9. The Internal Revenue Service (IRS) receives and validates the information Bidders provide on the Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit: https://flvendor.myfloridacfo.com/

Foreign Bidders, please visit:

https://flvendor.myfloridacfo.com/ForeignVendors.pdf

If not already on file, the awarded Bidder (if this solicitation results in an award), must have completed this process within seven (7) business days of notice of award.

C. MyFloridaMarketPlace Registration

Each Bidder doing business with the state of Florida for the sale of commodities or contractual services as defined in section 287.012, F.S., shall register in MyFloridaMarketPlace, in compliance with Rule 60A-1.033, F.A.C.

Also, an agency must not enter into an agreement for the sale of commodities or contractual services, as defined in section 287.012, F.S., with any prospective Contractor not registered in the MyFloridaMarketPlace system, unless exempted by rule. A Bidder not currently registered in the MyFloridaMarketPlace system must do so within five (5) days of notice of award. Information regarding the registration process is available, and registration may be completed, at the MyFloridaMarketPlace website link available under Vendors at:

https://www.dms.myflorida.com/business_operations/state_purchasing/myflorid amarketplace https://dos.myflorida.com/sunbiz/ https://flvendor.myfloridacfo.com/ForeignVendors.pdf https://flvendor.myfloridacfo.com/ForeignVendors.pdf https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace

Prospective Vendors who do not have internet access may request assistance from the MyFloridaMarketPlace Customer Service at 866-352-3776 or from the State Purchasing Office, 4050 Esplanade Drive, Suite 300, Tallahassee, Florida 32399.

D. Scrutinized Companies and Prohibited Business Activities

The Department may, at its option, terminate the Contract if the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. The Contractor must certify in writing, annually, using ATTACHMENT H, CONTRACTOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST, that its company is not engaging in a boycott of Israel, in accordance with s. 287.135(5), F.S.

5.0 Award Methodology

5.1 Basis of Award

A. The Department intends to award to the one (1) responsible and responsive

Bidder that submits the lowest priced responsive bid. The Department will consider the total cost inclusive of shipping and any warranty.

B. The Department reserves the right to award as determined to be in the best interest of the state, and to accept or reject any and all offers, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the state.

5.2 Florida Preference

In accordance with section 287.084, F.S., a Vendor whose principal place of business is located outside of the state of Florida, must accompany their Bid response documents with a written letter from an attorney-at-law, licensed to practice law in the State where their principal place of business is located, describing the preferences granted by that State (if any) to its own business entities in the award of public POs/contracts. The written document must identify either the preference granted or contain a statement specifying that no preferences are granted.

When the lowest responsible and responsive Bid is submitted by a Bidder whose principal place of business is located outside the state of Florida, a five percent (5%) price preference shall be awarded to Bidders whose principal place of business is within the State of Florida, unless the State where the out-of-state

Bidder is located provides a different price preference for businesses having a principal place of business in that State. In that case, the same price preference shall be awarded to the lowest responsible and responsive Bidder whose principal place of business is located in the state of Florida responding to this competitive solicitation.

A vendor may submit questions regarding this requirement during the prescribed question and answer period noted in the Calendar or Events.

5.3 Identical Bids

When evaluating Bidder responses to solicitations, if the agency is confronted with identical pricing from multiple Bidders, the agency shall determine the order of award using the following criteria, in the order of preference listed below (from highest priority to lowest priority):

A. The response is from a Florida-domiciled entity, as determined by the

Department of State.

B. Section 287.057(12), F.S., states that “if two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise.”

In the event the application of subsections A. and B., above, fail to resolve the identical bids, the agency shall determine the award by a means of random selection (e.g., a coin toss or drawing of numbers).

5.4 Posting of Agency Decision

The Department will post a Notice of Intent to Award, stating its intent to enter into one or more contracts with the Bidder or Bidders identified therein, on the Vendor Information Portal (VIP) website.

If the Department decides to reject all bids, or take any other action permitted by law, it will post its notice at the same Vendor Information Portal (VIP) website.

5.5 Contractual Submissions

A Bidder’s bid submittal to this solicitation shall be considered as the Bidder’s formal offer. There will be no separate contract other than the purchasing document (purchase order or contract), and any documents incorporated therein.

FLHSMV-ITB-035-22, Attachment A, Page 1 of 1

ATTACHMENT A

CALENDAR OF EVENTS

The table below contains the Calendar of Events for this solicitation and indicates the dates and times governing all solicitation activities. Prospective vendors should become familiar with the Calendar of Events.

The dates and times within the Calendar of Events may be subject to change. It is the Prospective Vendor’s responsibility to check for any changes. All changes to the Calendar of Events will be through an addendum to the solicitation posted on the Vendor Information Portal (VIP) at:

https://vendor.myfloridamarketplace.com/. Prospective vendors are responsible for submitting all required documentation by the dates and times indicated below (Eastern Time) or as modified in an addendum, as applicable. The Department will not consider late submittals.

*Please note: The Department reserves the right to post early or in the best interest of the state.

Solicitation activities shall take place on the date and time indicated above, where applicable, with the exception of recognized State of Florida holidays (see, section 110.117, Florida Statutes (F.S.)). For planning purposes, prospective vendors should consider the utilized mailing service’s observed holiday.

ACTIVITY DATE/TIME LOCATION

Solicitation Issued by the Department April 14, 2022 Electronically Posted https://vendor.myfloridamarketplace.com/

Deadline for Receipt of Written Inquiries

April 19, 2022, at

3:00 P.M., EST

All questions and/or proposed changes to the solicitation must be submitted, via email only, to the

Procurement Officer.

stephaniesanford@flhsmv.gov

Anticipated Date for Department Responses to Contractor Questions

April 25, 2022* Electronically Posted https://vendor.myfloridamarketplace.com/

Deadline for Receipt of Bids1

May 3, 2022, at

2:00 P.M., EST

Department of Highway Safety and Motor Vehicles Neil Kirkman Building

2900 Apalachee Parkway, MS# 31 Tallahassee, FL 32399-0500

Opening of Bids May 3 ,2022 at

2:30 P.M., EST

Conference call info:

Toll Free: 1-888-585-9008

Conference Room Number:

625-608-165

Anticipated Posting of Notice of Intent to Award

May 10, 2022* Electronically Posted https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/

ATTACHMENT B

SCOPE OF SERVICES

1.0 Background

The Department of Highway Safety and Motor Vehicles (Department), Division of Florida Highway Patrol (FHP) is issuing this Invitation to Bid (ITB) to obtain competitive bids for the fabrication, assembly, purchase, and delivery of Cargo Tank Training Aids, as more fully described herein.

2.0 General Specifications and Standards

This ITB is for the procurement of Cargo Tank Training Aids (described in Section 3.0, below).

The awarded Contractor shall fabricate and supply Cargo Tank Training Aids (described in Section 3.0, below). The training aids shall replicate actual tanks and be equipped for instruction and training scenarios to include all the valves, piping, emergency features or devices and essential components (including strong back style and latch style dome lids) of an operational system.

All shipping will be in accordance with Section 5.0 PACKING, SHIPPING AND DELIVERY.

3.0 Technical Specifications

Fabrication and assembly of the following Cargo Tank Training Aids, the models are described below:

A. Cargo Tank Model MC331

1. 72” in length 28” in width 52” in height

2. Lightweight aluminum construction

3. 9” pneumatic tires for increased mobility

4. Open on one side to allow viewing of internal valves, gauging float, and the spray fill/vapor standpipe

5. Cable operated internal valve (with excess flow feature)

6. Two cable operated emergency remote shutdowns (opposing corners of the tank)

7. 2” rotary vain liquid pump

8. 2” liquid line with globe valve

9. 1 ¼” vapor line with globe valve

10. Internal spring pressure relief device (250 psi)

11. Two-gauge wells displaying liquid level percent (%) gauge, pressure, and temperature gauges as well as two fixed liquid level gauges

12. 1-year warranty

B. Two Compartment Cargo Tank Model DOT-406

1. 76” in length 30” in width 62” in height

2. Lightweight aluminum construction

3. 8” pneumatic tires for increased mobility

4. Dual opening on either side of the prop for easy access and viewing

5. One set of double bulkheads and an un-restricted baffle

6. Pneumatically operated internal valves and vapor recovery push vents

7. Fusible plugs within the pneumatically operated opening system

8. Pneumatically operated emergency remote shut-off devices

9. Load monitoring system with thermal or optical sensors and associated plugs and light board

10. Complete vapor recovery system with pneumatic push vents

11. 3 lb & 5 lb pound pressure relief devices and associated vacuum breaker

C. Cargo Tank Model DOT-407

1. 52” Long – 31” Wide – 57” Tall (Fits through most industrial doorways)

2. Lightweight aluminum frame construction for base unit

3. 8” pneumatic tires for increased mobility

4. Half crash box assembly with other half open to display

5. Hinged dome lid “Super Dome Style”

6. One 3” clean out collar with solid cap closure or optional hydraulic vapor recovery valve

7. One “Christmas Tree” style relief device with ¾” air inlet/outlet, pressure gauge and vacuum breaker

8. Separate 25 lb spring operated pressure relief device

9. 1-year warranty

D. Cargo Tank Model DOT-412

1. 76” Long – 31” Wide – 57” Tall (Fits through most industrial doorways)

2. Light weight aluminum frame construction for base unit

3. 8” pneumatic tires for increased mobility

4. Half crash box assembly for open viewing from one side

5. Hinged dome lid with swing bolts

6. One stainless steel air inlet / outlet with Chicago fitting

7. One “Girard” 35 lb. spring operated pressure relief device

8. Bolted sump for product pick up area

9. Stainless steel standpipe, plumbing and ¼ turn valves on all discharge

10. Hydraulically operated internal valve / ball-valve style

11. Hydraulically operated emergency remote shut-off device

4.0 Warranty

The Contractor shall provide a warranty against defects in manufacturing for a minimum of 1-year from the date of acceptance of the cargo tank training aids by the Department. The Department shall be permitted five (5) days to inspect the cargo tank training aids following delivery. Should any tank be found defective or unacceptable during this period, the Department has the right to reject the tank(s). The Contractor will then be required to pick up the tank(s) at the same location as delivered and provide the Department with a suitable replacement (same make/model) within thirty (30) days. Should the Department find the tank(s) to be acceptable (i.e., meeting the specifications of this ITB), the Contractor will be notified, and the warranty period shall begin.

Defective items under warranty will be replaced by the Contractor at no additional cost to the Department within thirty (30) days of notification by the Department of a warranty claim.

5.0 Packing, Shipping and Delivery

A. The Contractor shall be responsible for properly packing shipments with appropriate packing materials to ensure damage-free delivery. Packing materials should consist of items utilized to pack tangible products securely and properly for shipment, storage and stocking.

B. The Contractor must deliver the cargo tank training aids to the location specified below:

Jacksonville Commercial Vehicle Enforcement (CVE) Office 5729 Grace Lane

Jacksonville, FL 32205 Attention: Captain Bryant Gay

The Department’s Contract Manager will notify the Contractor immediately via telephone or email if the location changes or change in delivery method.

C. Any or all items delivered to the Department not meeting the specifications of this solicitation and Contract, or that are found to be damaged or defective, will not be accepted. Such items will be returned to the Contractor at the Contractor’s expense for refund or replacement.

D. Deliveries shall be made between 8:30 a.m. and 4:00 p.m. Eastern Time, Monday through Friday, excluding state holidays, unless otherwise stated on a purchase order.

The Contractor shall notify the Department’s Contract Manager within five (5) days of purchase order issuance of any potential delays.

6.0 Acceptance, Returns and Replacement Orders

The Contractor shall afford a reasonable opportunity following delivery for inspection and either acceptance or rejection of the delivery. Any or all items not meeting the specifications of this ITB, the contract and/or purchase order, as applicable, including, but not limited to, items found to be defective, items not ordered, substituted items not approved by the Department, etc., will be returned to the Contractor at the Contractor’s expense (unless otherwise stated herein).

The items will be shipped back to the Contractor by way of a return label provided by the Contractor upon request. The Department will notify the Contractor, in writing, of any item not meeting the ITB specifications or rejected as a result of a Contractor processing error, within thirty

(30) days of receipt of the item. The Contractor shall replace the item with the correct/non-defective item within thirty (30) days of notification by the Department. Failure to timely or completely provide conforming, acceptable items to the Department, will subject the Contractor to liquidated damages as provided in Section 9.0, Deliverables and Financial Consequences.

6.0 Silence of Specifications

The apparent silence of specifications included herein on any details, or the omission from them of a detailed description, concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials and workmanship of best quality are to be used. All interpretations of the Contract shall be made upon the basis of this statement.

7.0 Recall(s)

At any time during the contract/purchase order term, if there is a recall of any of the Products provided by the Contractor, the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department in monitoring the recall operation and in preparing such reports as may be required. The Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or to the condition or performance of the Product otherwise. The Contractor, at its own cost, shall ensure that recalled Products are rectified and replaced or destroyed in compliance with all applicable laws, rules or regulations, and the Department's instructions.

8.0 Deletions, Additions, and Modifications

Product deletions, additions, modifications, and substitutions (if any) will be provided in accordance with ATTACHMENT C, ADDITIONAL TERMS AND CONDITIONS.

9.0 Deliverables and Financial Consequences

The Contractor shall submit all deliverables in accordance with the deliverable schedule below.

Deliverables must be approved by the Department’s Contract Manager prior to payment.

Deliverable due dates may be extended upon prior written approval of the Department.

9.1 General Financial Consequences

Except as otherwise stated, the Department may impose up to $500 per day for each incident in which the Contractor has failed to perform as specified in this scope document and the Contract, not to exceed $5,000 per month.

10.0 Compensation

A. Contract Amount

This is a Fixed Price (Unit Cost) Contract not to exceed $ TBD (prices based on the awarded Contractor’s price sheet outlined in Attachment F).

B. Contract Payment

1. The Department will pay the Contractor, in arrears, upon the completion and written Contract Manager approval of the deliverable(s) outlined in

DELIVERABLE SCHEDULE

DELIVERABLE DUE DATE FINANCIAL

CONSEQUENCE

A.

The Contractor shall timely fabricate, assemble, and deliver the Cargo Tank

Training Aids.

Within 180 days of purchase order issuance.

$250.00 per day

Section 9.0, Deliverables and Financial Consequences in accordance with the awarded contractor’s pricing, which will be provided as an exhibit to the resulting contract.

2. Contract payments shall be made in accordance with Section 215.422, F.S., which provides in part, that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the contract or purchase order specifies otherwise.