ITB-2024-103-OA - MFMP Solicitation Document.pdf

INVITATION TO BID

ITB-2024-103-OA

GUN RANGE SPECIALIZED

CLEANING SERVICES

Release Date: July 22, 2024

Response Due Date: 2:30 p.m. ET on August 26, 2024

PROCUREMENT DEPARTMENT

Cypress Creek Administrative Center

6400 NW 6th Way, Fort Lauderdale, FL 33309

ITB-2024-103-OA – GUN RANGE SPECIALIZED CLEANING SERVICES

TABLE OF CONTENTS

SECTION 1 REQUIRED RESPONSE FORM

SECTION 2 SUBMITTAL REQUIREMENTS

SECTION 3 SOLICITATION TERMS AND SPECIAL CONDITIONS

SECTION 4 BID SPECIFICATIONS

ATTACHMENTS

ATTACHMENT A PRICE RESPONSE FORM

ATTACHMENT B COMPANY REPRESENTATIVE FORM

ATTACHMENT C INSURANCE REQUIREMENTS FORM

ATTACHMENT D RESPONDENT QUALIFICATIONS FORM

ATTACHMENT E VENDOR CONFLICT OF INTEREST DISCLOSURE FORM

ATTACHMENT F FEDERALLY FUNDED PROJECTS ADDENDUM

ATTACHMENT G SAMPLE CONTRACT

ATTACHMENT H GENERAL CONDITIONS

ATTACHMENT I STATEMENT OF “NO” RESPONSE

SECTION 1 – REQUIRED RESPONSE FORM

In submitting a Bid, Respondent understands, warrants, acknowledges, agrees, represents, and certifies the following (if Respondent cannot certify to any of following, Respondent shall submit with its Response a written explanation of why it cannot do so). If the College finds, before or after award of the solicitation that Respondent was not truthful concerning any of the following, the College shall have the right to terminate the award without liability and, at its discretion, to seek damages from Respondent, if damages result to the College from such act, in any way whatsoever.

Conflict of Interest: Respondent covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of degree with the performance of the services covered under this Agreement. Furthermore, Respondent warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Respondent to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Respondent any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

PROCUREMENT SERVICES

Cypress Creek Administrative Center 6400 NW 6th Way

Fort Lauderdale, FL 33309 Phone 954-201-7455

INVITATION TO

BID (ITB)

ITB #:

ITB-2024-123-OA

ITB TITLE:

GUN RANGE SPECIALIZED CLEANING SERVICES

RELEASE DATE:

MON 07/22/2024

DUE DATE:

MON 08/26/2024 at or before

2:30 p.m. ET

PROCUREMENT OFFICER:

Orlando Aponte oaponte@broward.edu

The College uses E-Bidding and will only accept electronic submittals via DemandStar at www.demandstar.com.

Complete Electronic Copy of Bid must be in a single Adobe PDF File

THIS SECTION MUST BE COMPLETED IN ITS ENTIRETY INCLUDING THE SIGNATURE OF AN AUTHORIZED REPRESENTATIVE WHERE INDICATED BELOW. All bids shall include this REQUIRED RESPONSE FORM fully executed.

Respondent Name: Purchase Order Address: If Purchase Orders are to be mailed to address other than as stated on left, please complete section below.

Address: P.O. Address:

City:

State: Zip Code: City:

Telephone Number: State: Zip Code:

Toll Free Number: Contact:

Fax Number:

Telephone Number:

Internet Web Site: Toll Free Number:

Contact Internet E-Mail Address: Fax Number:

Federal Tax Identification Number: Internet E-Mail Address:

How were you informed of this solicitation? (Please provide media name(s) in blank space):

Website: Newspaper: Other:

http://www.demandstar.com/

Respondent, and its subcontractors at any tier, certify that they have not entered into any contract, subcontract, or arrangement in connection with the project covered under this Agreement, or of any property included or planned to be included in the project, in which any member, officer, of employee of Respondent or its subcontractors, during its tenure, or for two years thereafter, has any interest, direct or indirect. The award of this solicitation is subject to the provisions of Chapter 112, Florida Statutes, as currently enacted or as amended from time to time. All Respondents must disclose with their response the name of any officer, director or agent who is also an employee of the College. All Respondents must disclose in their Response the name of any officer, director, employee or agent of company who is also an employee of College or an immediate family member of an employee of College.

Initial

Convictions: Respondent has fully informed the College of all convictions of the company, its affiliates (as defined in Section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the company and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company.

Debarment: Respondent certifies to the best of their knowledge and belief, that they and their principals: 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, County, State or Federal department or agency, 2) have not, within a three-year period preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property, 3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above, 4) have not within a three-year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default, and 5) will advise the College immediately if their status changes and will provide an explanation for the change in status.

Discriminatory Vendor: Respondent certifies that they are not subject to Section 287.134(2)(a) which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a Response on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with public entity.

Drug-Free Workplace: Respondent certifies that it has implemented a Drug-Free Workplace Program in accordance with the Drug- Free Workplace Act of 1988. (41 U.S.C. 702-706) and pursuant to Section 287.087, Florida Statutes, as currently enacted or as amended from time to time, on preference to businesses with drug-free workplace programs.

Excluded Companies: The College reserves the right, among others, to reject the Response of any Respondent that is barred or excluded from public contracting under any federal or state laws or the College’s procurement rules, regulations and policies, including but not limited to as a result of the nation or jurisdiction of organization or principal place of business of the Respondent or any affiliate, the nature and place of its assets and businesses and activities, its involvement in the sponsorship, support, planning or implementation or conduct of human rights violations, terrorism, money laundering, illegal arms, weapons, minerals or other sales or trafficking or drug trafficking activities or the identity of the persons or entities which control or have the ability to control the management, business and policies of the Respondent or affiliate. This solicitation incorporates the prohibitions of Sections 287.133, 287.134, 287.135, 215.473 and 215.4725, Florida Statutes.

Familiarity with Laws: All Respondents are required to comply with all applicable Federal, State, and Local Laws and/or Ordinances, Codes, Rules and Regulations, including wage and labor requirements, controlling the action or operation of this Response. The relevant laws include but are not limited to FAA Regulations, The Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA) of 1990, State Requirements for Educational Facilities (SREF), Office of Education 6A-2,Florida Statutes 402.301 - 402.319, OSHA regulations, Code of Federal Regulations (CFR), and all Civil Rights legislation. The Respondent will comply with all Affirmative Action provisions of Executive Order Number 11246 of

September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. All references in this ITB to the “Applicable Laws” shall be deemed to be references to such laws, codes, rules, and regulations as the same may be amended from time to time and any successor laws, codes, rules and regulations.

Lobbying: Respondent shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any College officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any College officer or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind.

Non-Collusion: Respondent certifies that neither Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, company, or person to submit a collusive or sham Response in connection with the services sought by the solicitation; or to refrain from responding; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, company, or person to fix the price or prices in the attached Response or of any other Respondent, or to fix any overhead, profit, or cost elements of the Response financial terms or the terms of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the College or any person interested in the proposed services. The Respondent agrees that neither it, nor any of its officers, partners, agents or employees have entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive solicitation in connection with this Agreement, and that Respondent intends to do the work with its own bona fide employees or subcontractors and has not provided a response for the benefit of another contractor. Furthermore, Respondent certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on any public contract.

Prohibited Interests: Respondent, and its subcontractors at any tier, certify that they have not entered into any contract, subcontract, or arrangement in connection with the project covered under this solicitation, or of any property included or planned to be included in the project, in which any member, officer, of employee of Respondent or its subcontractors, during its tenure, or for two years thereafter, has any interest, direct or indirect.

Public Entity Crime: Per Section 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The Respondent hereby certifies that (1) it and its affiliates have not been placed on the convicted vendor list within the past 36 months, or (2) any listing of the Respondent or any of its affiliates on the convicted vendor list has been removed pursuant to Section 287.133(3)(f), Florida Statutes.

Warranty and Ability to Perform: The Respondent warrants that there is no action suit, proceeding, inquiry or governmental agency, public board or body, pending or, to the best of the Respondent's knowledge, threatened, which would in any way prohibit, restrain or enjoin the execution or delivery of the Respondent's obligations or diminish the Respondent's obligations or diminish the Respondent's financial ability to perform the terms of the proposed contract.

Respondent certifies that they comply (or will comply) with the above statements. If Respondent cannot attest to any of the above, Respondent must submit an explanation as to why on their letterhead, signed by the individual signing this Form, and attach such to this Form.

RESPONSE CERTIFICATION

The undersigned further acknowledges, attests, and certifies individually and on behalf of the Respondent that:

1. The signatory of this Response Form is a duly authorized representative of the Respondent, has been authorized by

Respondent to make all representations, attestations, and certifications contained in this response document and all Addenda, if any, issued, and to execute this response document on behalf of Respondent.

2. The Respondent agrees to complete an unconditional acceptance of the contents of this document inclusive of this Invitation to Bid (ITB), and all attachments, exhibits, and appendices and the contents of any Addenda released hereto.

3. The Respondent agrees to be bound to any and all specifications, terms, and conditions contained in the ITB, and any released Addenda and understand that the following are requirements of this ITB and failure to comply may result in disqualification of response submitted.

4. The response submitted responds to the specific language contained in the ITB, and Respondent has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously issued ITB, if any.

5. The Respondent has not divulged, discussed, or compared the response with other Respondents and has not colluded with any other Respondent or party to any other response.

6. The Respondent acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws.

7. The financial terms of the Response are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties in interest.

8. By signature below, the undersigned Authorized Representative hereby certifies on behalf of Respondent that all contents of this Response Form and the submitted response are truthful, complete, and accurate. Failure to provide information required by the ITB may ultimately result in rejection of the response.

FAILURE TO SIGN THIS RESPONSE FORM, OR SIGNING WITH A FALSE STATEMENT, MAY VOID ANY RESPONSE SUBMITTED BY RESPONDENT OR ANY RESULTING AGREEMENT(S). If any additional information or disclosure is necessary to qualify or explain any of the above, please include with the Statement behind TAB 1 of the Response.

Signature of Respondent’s Authorized Representative Date

Name of Respondent’s Authorized Representative Title of Respondent’s Authorized Representative

Entries must be completed in ink, typewritten, or electronically. This original form must be fully executed and submitted with this ITB Submission.

SECTION 2 – SUBMITTAL REQUIREMENTS

In order to maintain comparability and facilitate the review process, Respondents are requested to organize their bids in the manner specified below, with proper section dividers and tabs. Include all information requested herein in your response.

Complete Electronic Copy of Response must be submitted in a single Adobe PDF File, unless otherwise noted in this document. Electronic submittals should be limited to not more than 50 pages (excluding covers, table of contents, section dividers and/or tabs). Dividers shall divide the sections TAB 1 through TAB 6. Secondary dividers (not in the page count) may be used at the Respondent’s discretion to present information clearly.

Submissions in excess of 50 pages or not organized in a manner consistent with this section will not be disqualified; however, clarity, conciseness, and brevity will be taken into consideration during the review process.

The College reserves the right to reject and not consider any response not organized and not containing all the information outlined herein. The College reserves the right to not consider responses not clearly identified, enumerated, and titled. Submittals received after date and time established herein in SECTION 3.4 – TIMELINE will not be considered.

Summary Content of the Response. The Response should consist of a cover title page, a table of contents, and the six separately tabbed sections summarized below. To assure that your response is in compliance with solicitation response requirements, please verify that the documents indicated below have been submitted.

Cover Title Page: The cover title page should clearly indicate the following information: ITB Number, ITB Title, Respondent’s Name, Contact Person (Name, phone number, and email address of person who can respond to inquiries regarding the Response).

Table of Contents

TAB 1. GENERAL INFORMATION

Required Response Form. Submit the REQUIRED RESPONSE FORM – SECTION 1 with all required information completed and all signatures as specified. The enclosed form will be the only acceptable form. Failure to submit a Required Response Form, as requested herein, will result in response disqualification.

Acknowledgement of Released Addenda to ITB. The College reserves the right to issue any addendum modifying any portion of this ITB. Caution is given that certain addenda may be required to be submitted with responses as specified in the particular addenda. It is the Respondent’s responsibility to verify they have received all released addenda and thereby must include acknowledgement (as per addenda instructions when addenda are released) of any addenda that are required to be submitted with response.

W-9 Form. Submit a completed W-9 Form. It is a requirement of this ITB that all Respondents submit a completed Internal Revenue Service W-9 Form (Request for Taxpayer Identification Number and Certification) with response. Failure to submit W-9 Form as stated herein may result in response disqualification.

TAB 2. PRICE RESPONSE FORM

Price Response Form. Respondent must complete the Price Response Form in ATTACHMENT A.

Include under TAB 2 in the PDF submittal document and also upload separately to DemandStar in the original Excel format document. The information must NOT be password protected, to allow the College to extract the information into the Bid Tabulation.

TAB 3. COMPANY REPRESENTATIVE FORM

Company Representative Form. Respondent must complete the Company Representative Form in

ATTACHMENT B.

TAB 4. INSURANCE REQUIREMENTS FORM

Insurance Requirements Form. Respondent must complete the Insurance Requirements Form in ATTACHMENT C and submit a Letter of Insurability.

TAB 5. RESPONDENT QUALIFICATIONS FORM

Respondent Qualifications Form. Respondent must complete the Respondent Qualifications Form in ATTACHMENT D and submit Licenses, Certificates, List of Experiences, Statements, List of References, etc. under TAB 5.

TAB 6. OTHER MATERIAL

Include ATTACHMENT E – VENDOR CONFLICT OF INTEREST DISCLOSURE FORM AND

ATTACHMENT F – FEDERALLY FUNDED PROJECTS ADDENDUM and any additional information that Respondent believes is necessary for the College to assess Respondent’s ability to deliver the requested products and/or services.

NOTE: If your company wishes to not submit a bid in response to the ITB, please complete and return, via mail or fax, the STATEMENT OF NO RESPONSE attached as ATTACHMENT I of this ITB.

(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)

SECTION 3 – SOLICITATION TERMS AND SPECIAL CONDITIONS

3.1 INTRODUCTION. Broward College (hereinafter referred to as the “College”) is one of the 28 institutions comprising the Florida College System governed by Sections 1001.60 et seq. of the Florida Statutes.

The College provides higher education, technical, and occupational training for the residents of Broward County, Florida. The College is a community-based institution that offers a comprehensive range of programs responsive to needs and changes in the community and in technology. Within Broward County, the College operates three main campuses, one urban center, and several satellite centers.

With the third-largest enrollment in the Florida College System, the College offers affordable, accessible education. The diverse College community boasts more than 45,000 students and over 3,000 full-time and part-time faculty and staff, who represent more than 100 countries and provide a wealth of cultural, ethnic, and experiential backgrounds. Up-to-date enrollment and campus community demographic data can be accessed at the following link: https://www.broward.edu/about/accreditation/index.html. The College provides programs in career pathways which offer specialized certificates, two- and four-year degrees, non-degree training, workforce readiness, and an extensive list of continuing education curricula.

As the College forges forward, it does so as one of the nation’s largest institutions of its type, with a reputation for the pursuit of excellence and service to the diverse communities it serves. The College is accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC).

For detailed information on the College visit www.broward.edu.

3.2 PURPOSE. The College is releasing this Invitation To Bid (ITB) with the intent to receive bids from qualified companies to provide Gun Range Specialized Cleaning Services that includes, but is not limited to, furnishing all labor, tools, disposal, equipment, parts, supplies and materials necessary to provide specialized cleaning and maintain gun ranges (shooting ranges) in the highest quality condition throughout the year in accordance with all safety procedures, OSHA and EPA regulations, as outlined in the specifications contained herein. Requested services include monthly, semi-monthly, semi-annual, annual, and as-needed services for preventive and corrective maintenance of shooting ranges and bullet traps, lead abatement, and hazardous waste transportation and disposal. Currently, gun ranges are located at the College’s Central Campus Building 21 and Building 22 in Davie, Florida. All work shall comply with OSHA requirements including those related to lead exposure.

The College currently has a gun range specialized cleaning services contract with Best Technology

Systems, Inc. through October 2024.

3.3 ITB CONTACT AND SUBMITTAL OF QUESTIONS.

Contact: Orlando Aponte Email: oaponte@broward.edu Telephone: 954-201-7897

Interested parties must limit all communications, including any question or comment which is to be submitted in writing, concerning this ITB, to the individual stated in this section. No other College employee or District Board of Trustee Member may be contacted.

3.3.1 Question Submission. Any questions concerning any condition or requirement of this ITB must be received via email to email@broward.edu, with subject line to read “QUESTIONS–ITB-2024-103-OA” as specified in SECTION 3.4 - TIMELINE. Any question(s) which requires a response which amends this solicitation document in any way will be answered via addendum by the Procurement Department. If an addendum is posted, an email notification will automatically be sent to all potential Respondents who downloaded the solicitation on DemandStar (www.demandstar.com). Any verbal or written information received by Respondents, which is obtained by any means other than this solicitation or by addendum, shall not be binding on the College.

mailto:email@broward.edu

3.3.2 Prohibited Contact/Communications (CONE OF SILENCE). Any potential Respondent or a lobbyist for a Respondent is prohibited from having any communication concerning this solicitation or any response with any member of the College District Board of Trustees, the College President, any Evaluation Committee Member or any other College employee after the release of this solicitation and prior to the contract being awarded with the exception of communications with the office of the Associate Vice President of Procurement, unless so notified by the Procurement Services Department. A response from any company will be disqualified when the Respondent or a lobbyist for the Respondent violates this condition of the solicitation.

It is expected that personnel and team members from companies that have responded to this solicitation refrain from posting opinions, provide commentary or engage in any discussion regarding the solicitation by the use of electronic media such as X (formerly Twitter), Facebook, Instagram, etc. and the like.

Violation of these guidelines may result in disqualification of the Respondent. The latter applies to employees of the Respondent, retained consultants or any other representative or individual promoting on behalf of the Respondent. Violation of these guidelines may constitute grounds for disqualification.

3.4 TIMELINE. The following are important pre-scheduled dates regarding the ITB, though all dates are subject to change, if required.

DATE / TIME EVENT

07/22/2024 ITB Release Date

08/05/2024 1:00 p.m. ET

Solicitation Conference and Site Visit As specified in SECTION 3.5

08/07/2024 4:00 p.m. ET

Written Questions Due in Procurement Department As specified in SECTION 3.3

08/26/2024 On or before 2:30 p.m. ET

Responses Due Date Responses due as specified in SECTION 3.6

TBD Anticipated Date to Post Award Recommendation

Any change to the above calendar dates will be posted on the Broward College Procurement Services website: https://www.broward.edu/about/community/vendor/index.html

3.5 SOLICITATION CONFERENCE. A non-mandatory Solicitation Conference and Site Visit will be held as follows:

DATE: August 5, 2024 TIME: 1:00 p.m. ET

LOCATION: Broward College Central Campus Building 21 / Room 136, 3501 SW Davie Road, Davie, FL 33314

Please note that this will be your only opportunity to visit the site/gun ranges. A map of the Central Campus Buildings is available at the following link:

https://www.broward.edu/about/locations/

Representatives from all interested companies are encouraged to attend. The purpose of the Solicitation

Conference is to allow prospective Respondents to bring forth questions they may have, to allow prospective Respondents to be aware of questions other Respondents may have, and to stimulate discussions that will generate questions to assist prospective Respondents in preparing the best and most comprehensive response for submission to the College. While questions and dialogue are encouraged at the Solicitation Conference, no information provided is binding unless it is contained within a College released addendum.

All questions submitted in writing will be answered to all Respondents via Addenda. All questions shall be submitted in accordance with SECTION 3.4 - TIMELINE. Any information given, by any party, at the https://www.broward.edu/about/community/vendor/index.html https://www.broward.edu/about/locations/

Solicitation Conference is not binding on the College unless it is contained within a subsequently released Addenda.

3.6 SUBMITTAL REQUIREMENTS. The College uses E-Bidding and will only accept electronic submittals via DemandStar at www.demandstar.com.

Digital copies must not be larger than 150 MB for each document size and not the collection of them.

Files submitted must be formatted and enabled for printing, in page size letter as applicable.

The College may request clarifications and additional information after submission.

The College shall not be responsible for delays caused by any occurrence.

In the event of technical difficulties when submitting documents, contact DemandStar support at support@demandstar.com or call (206) 940-0305

Respondents are requested to organize their responses in accordance with SECTION 2 – SUBMITTAL

REQUIREMENTS. The College reserves the right to reject and not consider any bid not organized and not containing all the information outlined in SECTION 2.

Bids must be submitted as established in SECTION 3.4 - TIMELINE. Submittals received after this date and time will not be considered.

When submitting your bid electronically through DemandStar at www.demandstar.com, please allow sufficient time to complete the online forms and upload documents. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your bid will not be received by the system.

3.6.1 Respondent’s Responsibility. It is the responsibility of the Respondent to be certain that all numbered pages of the response and all attachments thereto are received, and all addendum released are received prior to submitting a response without regard to how a copy of this ITB was obtained. All responses are subject to the conditions specified herein on the attached response documents and on any addenda issued thereto.

3.6.2 Execution of Response. Response must contain an original handwritten/manual/digital/electronic signature of an authorized representative in the space provided above in SECTION 1 – REQUIRED RESPONSE FORM. If a price correction is necessary, draw a single line through the entered figure and enter the corrected figure or use an opaque correction fluid. All price corrections must be initialed by the person signing the response even when using opaque correction fluid. The College reserves the right to reject any response or response item completed in pencil or any response that contains illegible entries or price corrections not initialed.

3.7 QUALIFICATION OF RESPONDENTS. Responses shall be considered only from companies that have been continuously engaged in providing products and services similar to those specified herein for a reasonable period and that are presently engaged in the provision of these services. Respondent must be licensed and have adequate organization, facilities, equipment, inventory, and personnel to insure prompt, efficient, and satisfactory service and supply to the College.

Qualifications include, but are not limited to the following:

a. Experience in similar work of gun/shooting range specialized cleaning, including lead abatement and cleaning of bullet traps.

b. Similar work of gun/shooting range specialized cleaning satisfactorily completed and listed in the

Respondent Qualifications Form with brief description including location, dates of contracts, names and addresses of owners.

c. Training in similar work or gun/shooting range specialized cleaning.

d. Adequate equipment and facilities available to do the work of gun/shooting range specialized cleaning.

The College will determine whether the evidence of ability to perform is satisfactory and will make awards only when such evidence is deemed satisfactory at the sole discretion of the College. The College reserves the right before recommending any award to inspect the merchandise of the company in accordance with the specifications, terms, and conditions.

The College reserves the right to reject responses where evidence is submitted, or investigation and evaluation indicates inability of the Respondent to perform. The College reserves the right, before awarding the contract, to require Respondent(s) to submit further evidence of qualifications or any other information College staff may deem necessary for further clarification or clarification of items submitted.

This response will be awarded only to responsible Respondent qualified by experience and in a financial position to provide the services and items specified. To facilitate the prompt award of this solicitation, the Respondent shall complete ATTACHMENT D - RESPONDENT QUALIFICATIONS FORM, include all requested information, copies and attachments, and submit them with their response. Failure to submit documentation, as required herein, may result in submittal disqualification.

3.8 RESERVATION OF RIGHTS. The College reserves the right to waive informalities and to reject any, or part of any or all responses. The College also reserves the right to conduct discussions with, and Best and Final Offers obtained from, responsible Respondents who submit responses determined by the College to be reasonably susceptible of being selected for award. Further, the College reserves the right, but not limited, to:

a. Reject any and all responses received as a result of this ITB.

b. Waive or decline to waive any minor informalities and any minor irregularities in any responses received. A minor irregularity is a variation from the ITB which does not affect the financials of the response or give one Respondent an advantage or benefit not enjoyed by other Respondents, or substantively change the requirements and/or specifications of this ITB, or adversely impact the interest of the College. Waivers, when granted, shall in no way modify the ITB requirements or excuse the Respondent from full compliance with the ITB specifications and other contract requirements if the Respondent is awarded the contract.

c. Determine service and/or equipment or other equivalency to the College’s specifications in evaluating bid responses.

d. Adopt all or any part of the Respondent’s response.

e. Negotiate changes in the scope of work or services to be provided.

f. Award contracts to multiple Respondents.

g. Withhold the award of contract.

h. Select the Respondent it deems to be most qualified to fulfill the needs of the College. The

Respondent with the lowest-cost response may not necessarily be the one most qualified, since a number of factors other than their offer are important in the determination of the most acceptable response.

3.9 COLLEGE’S RIGHT TO REJECT.

3.9.1 The College reserves the right to reject any and all responses and re-advertise at any time prior to

District Board of Trustees approval of the recommended Respondent(s) and/or the negotiated agreement(s) and/or not award the contract in the best interests of the College. All costs incurred in the preparation of the response and participation in this ITB process shall be borne by the Respondents.

Responses submitted in response to this ITB shall become the property of the College and considered public documents under applicable Florida law.

3.9.2 The College reserves the right to accept or reject any and all submittals, reject a submittal which is in any way incomplete, irregular or otherwise non-responsive, or to waive any technicalities or formalities in the ITB requirements when and if it is in the best interests of the College.

3.9.3 A submittal shall be rejected for failure to comply with the following requirements:

a. The Respondent is not registered and licensed in the State of Florida to provide the proposed services.

b. The submittal is not received by the College by the specified deadline.

c. The Respondent has been determined to be Non-Responsive and/or Non-Responsible.

3.10 AWARD. The terms of the award shall be defined in the award recommendation document. Interested

Respondents may request copies of tabulations and score sheets and may request a debriefing session after award of solicitation has been completed. The College reserves the right to reject any or all responses, to not make an award resulting from this solicitation or to withdraw this solicitation at any time.

During the evaluation and review of response(s), the College may consider any information or evidence which comes to its attention. This information may be utilized in determining the Respondent’s capability to fully perform the services of this ITB and/or the Respondent’s level of integrity and reliability that is required to assure satisfactory performance of all award or contracts produced from this ITB.

After award of this solicitation, any Awardee who violates any specification, term or condition of this solicitation can be found in default of its contract, have its contract canceled, be subject to the payment of liquidated damages, and be removed from the Respondent list and not be eligible to do business with the College for two years, as described in the General Conditions.

Bid shall be awarded in its ENTIRETY to the lowest responsive and responsible Bidder meeting all specifications, terms, and conditions. It is necessary for a Bidder to bid on every item in order to have the bid considered. It is also required that the Bidder carefully consider each item and make sure that each one meets the specifications as indicated. In the event that one item within a group does not meet such specifications, the entire group bid will be disqualified.

Unit prices must be stated in the space provided on ATTACHMENT A – PRICE RESPONSE

FORM. All items on the bid must have an individual cost/price. Failure to state the individual cost/price for an item in the bid will result in disqualification of the bid.

3.10.1 Additional Products and/or Services May Be Added or Deleted: Although this solicitation identifies specific products and/or services, it is hereby agreed and understood that products and/or services may be added to or deleted from this contract at the option of the College after the contract has been awarded. During the contract term, if a need arises for a product and/or service not included in the resulting contract, the College may request a quote for a specific product and/or service, from all awarded Bidder(s) under this contract. Additionally, the College reserves the right to purchase products and/or services throughout the term of this agreement from alternate contract sources when it is determined to be in the best interest of the College.

If deemed in the College’s best interest, the College reserves the right to enter into a separate contract with a proposed subcontractor(s) for Optional and/or Value-Added Service(s) as may be required. In this case, the College may sign more than one contract for these services.

3.10.2 Past Problems on Prior Contracts. When the Vendor or a proposed subcontractor has previously worked for the College and has received complaints from the College or has been involved in disputes with the College about the work, the Vendor is required to submit with their bid an explanation of what, if anything, the Vendor has done or will do to avoid similar problems in the future. This explanation must deal specifically with the problems involved on the prior contract and any organizational, operational or other changes which have been or will be implemented. If in the sole judgment of the College, the Vendor has failed to provide an adequate plan to insure that the contractual dispute previously experienced by the College will not recur, the College reserves the right to reject the bid submitted by that Vendor.

3.11 CONTRACT TERM. The award of this solicitation shall establish a contract that will begin with contract commencement date and continuing for a period of two (2) years, or as agreed to in the resulting contract. Responses will not be considered for a shorter period of time. All prices quoted must be firm throughout the initial contract period. Items will be ordered on an as needed basis.

3.11.1 Contract Renewal(s). The term of the contract may, by mutual agreement between the College and the awardee(s), upon final College approval, be renewed for four (4) additional one-year periods, and if needed, extended for 180 days beyond the expiration date of the final renewal period.

The College will, if considering renewal, request a letter of intent to renew from the selected vendor(s) prior to the end of the current contract period. The vendor(s) will be notified when the recommendation has been acted upon by the College.

The terms, specifications, and conditions of this bid and the agreement herein when completed and signed constitute the total agreement and no further conditions will be accepted unless in writing in the form of an amendment to the original agreement and mutually agreed upon, approved, and signed by authorized College representative and the Vendor. Every covenant, term, provision, and agreement contained in this solicitation and agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

No waiver of any provisions of this solicitation shall be valid or effective unless in writing and signed by the parties hereto; no waiver of any breach or condition of this solicitation shall be deemed to be a continuing waiver or a waiver of any other breach or condition.

3.12 PRICE ADJUSTMENTS. Prices offered shall remain firm through the first two (2) years of the contract.

No price increases shall be accepted in the initial contract term. Please consider this when providing pricing for this ITB. A request for price adjustment, with proper documentation justifying the adjustment, may be submitted, in writing, approximately 60 days prior to the renewal date of the contract. Price adjustment requests shall be evaluated on an annual basis thereafter. Unit price adjustments must have written approval from the College prior to invoicing. Any unit price adjustment invoiced without written approval from the College shall not be paid and the invoice returned to the Vendor for correction.

Price adjustments shall be negotiated in good faith with the Vendor(s). Requests for price adjustments shall not exceed the percentage of change in the applicable Consumer Price Index (CPI), from the date of award, or shall not exceed 5%, whichever is less. The CPI index will not be seasonally adjusted.

In the event that the overall CPI index, at the time of invitation to renew, is lower than the overall CPI at the time of bid award or last renewal, the College reserves the right to request a reduction in contract prices equal to the percentage of change. The College reserves the right to reject any price adjustments, and to consult the U.S. Department of Labor Bureau of Labor Statistics indices or it component parts as a basis for reviewing price adjustments.

The College reserves the right to not renew any contract and to cancel renewal of any contract regardless of price considerations and to cancel any renewal of any contract. Information on the CPI may be obtained from the Bureau of Labor Statistics at http://www.bls.gov or by contacting the Bureau directly.

3.13 EQUITABLE ADJUSTMENTS: The College may, in its sole and absolute discretion, after receipt of a written request therefore by the Vendor and any other documentation, data or information reasonably requested by the College including with respect to any material change in the allocation of rights, obligations, risks, and liability between the College and the Vendor and the financial, technical, construction, commercial, and economic viability of and consistency with the parties objectives and goals for the project, make an equitable adjustment in the contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Vendor’s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Vendor that continued performance of the Contract would result in a substantial loss. The College shall, in its sole and absolute discretion, determine whether the aforementioned criteria have been met.

http://www.bls.gov/

3.14 LICENSING REQUIREMENTS. In order to be considered a responsible and responsive Respondent for the scope of work set forth in these bid documents, the Respondent shall possess the necessary licenses (including any specified State registration, contractor license, federal license and/or technician certifications, if applicable) at the time of bid submittal. The license holder’s name, type of license and number shall be documented in ATTACHMENT D - RESPONDENT QUALIFICATIONS FORM. Proof of licensing should be submitted with sealed bid. Any certificate of competency that meets or exceeds those specified or can legally perform the scope of work specified will be considered responsible and responsive to the bid. If no license is required, Respondent shall provide a statement stating such in

ATTACHMENT D – RESPONDENT QUALIFICATIONS FORM.

3.15 OPTION TO EXTEND TO OTHER GOVERNMENTAL ENTITIES. Included as part of this formal solicitation, any Vendor responding to this solicitation has the option to extend its offer to other government or public entities under the same terms and conditions and contract prices, if agreeable by the Respondent and the government agency. Other government agencies to include, but are not limited to the State of Florida, its agencies, political subdivisions, counties, cities, state colleges and universities, and school boards. All government or public agencies allowed by the Vendor to use this contract shall do so independent of any other governmental or public entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received, and accepted by such agency. No using agency receives any liability by virtue of this solicitation and subsequent contract award.

3.16 CONFIDENTIAL INFORMATION. Florida law provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the College in connection with all Respondent’s responses shall be deemed to be public records subject to public inspection upon notice of intended decision or until 30 days after the solicitation opening, whichever occurs first.

However, certain exemptions to the public records law are statutorily provided for in Section 119.07 F.S.

Therefore, if the Respondent believes any of the information contained in its response is exempt from The Public Records Law, then the Respondent must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption; otherwise, the College will treat all materials received as public records.

From the date of issuance of the solicitation until the opening date, the Respondent must not make available or discuss their bid, or any part thereof, with any employee or agent of the College, unless allowed by the Procurement Services Department, in writing, for purposes of clarity only.

The Respondent is hereby notified that any part of the bid or any other material marked as confidential, proprietary, or trade secret, can only be protected against disclosure to the extent permitted by Chapter 119, Florida Statutes (Public Records Law).

3.17 CONFIDENTIALITY. Awarded vendor acknowledges that certain information about the College’s personnel is contained in records created, maintained or accessed by the awarded vendor and that this information is confidential and protected by the Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S.C. 1232g), and/or the Health Insurance Portability and Accountability Act (HIPAA) (45 CFR parts 160-164) and related College policies, as amended from time to time. Awarded vendor agrees that: (i) it shall keep and maintain all “Personal Information”* obtained during the performance of this contract, in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure; (ii) will use and disclose Personal Information solely and exclusively for the purposes for which the Personal Information, or access to it, is obtained or provided, to perform the requested services in accordance with the terms and conditions of this contract, and not to use, sell, rent, transfer, distribute, or otherwise disclose or make available Personal Information for Service Provider’s own purpose or for the benefit of anyone other than the student, in each case, without student’s prior written consent; and (iii) not directly or indirectly disclose Personal Information to any person other than authorized College employees or as may be requested by government authorities.

At the request of the College, the awarded vendor agrees to provide the College with a written statement of the procedures the awarded vendor uses to safeguard the confidential records/Personal Information.

Any breach of the requirements of this Confidentiality…