ITB 2024005.pdf

Invitation to Bid (ITB)

For

Specialty Gases (Cylinder, Micro-Bulk, and Bulk)

ITB 2024005

Procurement Officer:

Resila Joseph Government Operations Consultant II, Department of Environmental Protection Bureau of General Services - Procurement Section

3800 Commonwealth Blvd., MS #93 Tallahassee, FL 32399-3000

Email: Resila.Joseph@FloridaDEP.gov

Specialty Gases (Cylinder, Micro-Bulk, and Bulk)

Rev. 7/18/2022

Table of Contents 1 Introduction

1.1 Solicitation Objective

1.2 Background and Program Information

1.3 Anticipated Contract Term & Renewals

1.4 Definitions

1.5 Draft Contract Terms

1.6 Procurement Officer

1.7 Special Accommodations

1.8 Timeline of Events

1.9 List of Attachments and Forms

2 ITB Process

2.1 Vendor Responsibilities

2.2 Who May Respond

2.3 Overview of the ITB

2.4 Conformance to Requirements

2.5 Limitation on Vendor Contact with Agency During Solicitation Period

2.6 Addenda/Amendments to the ITB

2.7 Contract Formation

2.8 Disclosure of Response Contents

2.9 Withdrawal of Responses

2.10 Administrative Cure Process

2.11 Clarification Process

2.12 Information from Other Sources

2.13 Firm Response

2.14 Right to Reject

2.15 Cancellation, Non-Award, and Withdrawal

2.16 Misrepresentations

2.17 Licensure & Registration

2.18 Replacement and Alternate Responses

2.19 Exclusivity

2.20 Diversity

2.21 Bid Protests

3 Response Instructions

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

3.2 Pre-Response Conferences and/or Site Visits

3.3 Submission of Responses

3.4 Response Content Requirements

3.5 Economy of Presentation

3.6 Confidential Response Materials and Redacted Submissions

4 Scope of Work

4.1 Scope of Work

4.2 Definitions

4.3 Contractor Responsibilities

4.4 Department’s Responsibilities

4.5 Enforcement

5 Award

5.1 Basis of Award

5.2 Florida-Based Business Preference

5.3 Award Preferences for Equal Scores (Ties)

5.4 Recommendation of Award

5.5 Posting of Decision

5.6 Execution of Contract

5.7 Failure to Perform the Contract

1 Introduction The Florida Department of Environmental Protection (the Department) hereby issues this Invitation to Bid (ITB) to contract for Specialty Gases (Cylinder, Micro-Bulk, and Bulk). The Solicitation will be administered through the Vendor Information Portal (VIP). Respondents interested in submitting a Response must comply with all of the terms and conditions described in this ITB.

1.1 Solicitation Objective

The Department intends to enter into a contract using the Attachment 1, Draft Contract, for Specialty Gases (Cylinder, Micro-Bulk, and Bulk), hereby incorporated by reference. The Department intends to make a single award, however the Department reserves the right to award to one Respondent or multiple Respondents, or to make no award, as determined to be in the best interest of the State.

1.2 Background and Program Information

The Division of Environmental Assessment and Restoration (DEAR) Laboratory provides data to various agency programs for decision-making purposes. Several sophisticated analytical instruments that are used by the laboratory require gases for operation.

1.3 Anticipated Contract Term & Renewals

The initial term of the Contract will begin on July 10, 2024 and continue until July 9, 2029 with up to five

(5) renewal year(s). At the discretion of the Department, the Contract may be renewed subject to the terms and conditions specified in the Contract.

1.4 Definitions

The “General Contract Conditions” Form PUR 1000 (PUR 1000) and “General Instructions to Respondents” Form PUR 1001 (PUR 1001), found in Rule 60A-1.002, Florida Administrative Code (F.A.C.), are hereby incorporated by reference and can be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references _resources/state_purchasing_pur_forms. The following definitions apply to this ITB:

Business Days - Monday through Friday, inclusive, except for State government holidays.

Confidential Information - Any documents, data, or records that are confidential and not subject to disclosure pursuant to Chapter 119, Florida Statute (F.S.), the Florida Constitution, or any other authority.

Contract - The agreement that results from this competitive procurement, if any, between the Department and the Contractor.

Contractor(s) - The Respondent(s) that will be awarded a Contract pursuant to this Solicitation.

Respondent – an entity that submits a Response to this ITB.

State - The State of Florida.

1.5 Draft Contract Terms

Awarded Respondent(s) must provide the contractual services sought by this ITB in accordance with the terms, conditions, and Scope of Work detailed in the Contract. All Respondents should carefully review Attachment 1, prior to submission of a Response. Any questions related to the Contract should be submitted as a formal question in accordance with the instructions contained in this ITB.

https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms

1.6 Procurement Officer

The Procurement Officer is the Department’s sole point of contact for information regarding this ITB from the date of release until an Agency Decision is posted on the VIP. Violation of this provision may be grounds for rejecting a Response.

Refer ALL inquiries in writing to the Procurement Officer by email. Responses to timely questions posed to the Procurement Officer will be posted on the VIP at https://vendor.myfloridamarketplace.com/ in accordance with Section 2.3.1.2 below.

The Department will not talk to any Respondents or their agents regarding a pending solicitation.

Questions will NOT be answered via telephone.

1.7 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Procurement Officer. Requests for accommodation for meetings must be made at least five (5) Business Days prior to the meeting.

1.8 Timeline of Events

The following schedule will be strictly adhered to in all actions relative to this Solicitation. The Department reserves the right to modify this schedule and will notify participants in the Solicitation by posting an addendum to this Solicitation on VIP. It is the responsibility of the Respondent to check VIP on a regular basis for such updates.

Event Date Time* Location/Method

ITB Advertised 11/28/23 N/A Vendor Information Portal

Pre-Response Optional Site Visit 1/17/24 9:30 AM –

11:00 AM

Bob Martinez Center-Twin Towers Building 2600 Blairstone Road Tallahassee FL 32999

Questions Due 1/24/24 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

2/12/24 Vendor Information Portal

Responses Due 2/26/24 3:00 PM

Department of Environmental Protection DEP Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000

Public Opening 2/27/24 10:00 AM

Teleconference by calling 850.629.7330

Phone Conference ID: 801 833 408# The number will be active 5 minutes before the meeting.

Award Date (Anticipated) On or about:

3/26/24 Vendor Information Portal

*All times are Eastern Time Zone.

https://vendor.myfloridamarketplace.com/

1.9 List of Attachments and Forms

The Attachments and Forms below are incorporated by reference. Copies of these documents are available in the VIP advertisement that accompanies the ITB posting. If a Form requires electronic completion or filling in, such as a Microsoft Excel spreadsheet, an electronic copy can be obtained by contacting the Procurement Officer.

Attachment Title 1 Draft Contract

Form Title A Business Response Form B Foreign State Preference Opinion Form

C -RESERVED-

D Rate Schedule E Award Preference Form

2 ITB Process

2.1 Vendor Responsibilities

Vendors should carefully read the entire ITB, all attachments, and any addenda before submitting a Response. Vendors interested in submitting a Response must comply with all instructions, terms, and conditions of this ITB to be considered for Award.

Vendors are responsible for understanding all terms and conditions of this ITB, its attachments, addenda, and proposed resulting Contract. If a Vendor does not understand these requirements, Vendor should submit formal questions to the Department in accordance with Section 2.3.1.2.

2.2 Who May Respond

Vendors who possess the financial capability, experience, and personnel resources described in this ITB are invited to submit Responses. Vendors on the Convicted, Suspended, Discriminatory Vendor List(s), the Antitrust Violator Vendor List(s), and/or the Scrutinized List(s) of Prohibited Companies may not submit a Response.

2.3 Overview of the ITB

The ITB is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. The ITB process involves three phases: Solicitation, Minimum Mandatory Requirement Review and Evaluation.

2.3.1 Solicitation Phase

2.3.1.1 Pre-Response Conference and Site Visit (If Applicable) The Department may hold an optional or mandatory pre-response conference or site visit as part of the process as indicated in Section 3.2.

Anyone attending a pre-response conference or site visit is required to register their attendance in a means provided by the Department at the time and location of the meeting. Respondents who fail to attend or who are not represented at a mandatory conference or site visit will be determined Non- Responsive.

Note: Any answers to questions given at any conferences or site visits are not binding and do not alter the ITB. Only questions submitted in accordance with the instructions below and answered on the VIP are considered binding.

2.3.1.2 Question and Answer Period

Respondents may submit questions regarding the terms, conditions, and requirements of the ITB to the Procurement Officer via email by the deadline listed in the Timeline, Section 1.8 of the ITB.

Questions will not constitute a formal protest of the specifications or of the Solicitation. Answers to questions will be posted on the VIP.

All emails shall have the Solicitation number in the subject line. The Department recommends that questions be submitted in the following format:

ITB Section ITB Page # Question

2.3.1.3 Submission of Responses

Once the Department posts the answers to the questions, Respondents may begin submitting Responses as indicated in Section 3.4; however, Respondents are encouraged to submit their Responses no earlier than five (5) days prior to the submission deadline. Responses must be submitted by the deadline listed in the Timeline above.

2.3.1.4 Public Opening

The Department will open the Responses in a public meeting at the date, time, and location noted in the Timeline, Section 1.8. The Procurement Officer will review the entire Response to ensure that all required volumes were timely submitted, however prices will not be read aloud at the public opening.

2.3.2 Minimum Mandatory Requirement Review Phase

2.3.2.1 Administrative Review

All responses will be reviewed by the Procurement Officer to ensure that Responses contain all mandatory Forms and are complete. Complete Responses may be sent to the Program Area for their qualifications review, if any.

2.3.2.2 Responsibility Review

The Department will review the Responsibility section of the Respondent’s Business Response Form, Form A, for affirmative responses and attached documentation, if any. Answers in the affirmative are not, in themselves, grounds for declaring a vendor as Non-Responsible; the Department may seek additional clarification and decide whether the circumstances of the case warrant declaring a Respondent Non-Responsible. Respondents deemed Non-Responsible are not eligible for Contract Award.

2.3.2.3 Qualifications Review (if any)

If the Department requires the Respondents to submit documentation as evidence of qualifications, the Department will review said documentation to ensure it supports the minimum qualifications outlined in Section 1.2.

2.3.3 Evaluation Phase

Rate Schedule Evaluation The Procurement Officer will review and compare the Rate Schedule of the Respondents who are determined to be responsible and develop the recommendation of award based on the lowest total price (LTP) as described on the Rate Schedule, Form D.

2.4 Conformance to Requirements

In order to be considered for Award, Responses submitted to the Department must conform in all material aspects to the requirements set forth in this ITB, including the requirements specified in Form

D, Rate Schedule. Responses failing to conform in all material aspects to the requirements set forth in this ITB, including the requirement specified in Form D, Rate Schedule, are Non-Responsive and are not eligible for Award, at the sole discretion of the Department.

This is an invitation to bid. The Response must not include any proposal to negotiate, or any proposed terms and conditions that supersede, conflict with, take exception to, supplement, or materially change, the terms and conditions set forth in this ITB or the documents that will comprise the Contract. Any questions regarding the terms, conditions, or requirements of this ITB or the Contract can be raised during the Question and Answer Period described in Section 2.3.1.2 of this ITB. Respondents that fail to comply with the requirements of this paragraph may, at the sole discretion of the Department, be deemed to be Non-Responsive.

2.5 Limitation on Vendor Contact with Agency During Solicitation Period Respondents to this Solicitation or persons acting on their behalf may not contact, between the release of the Solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this Solicitation, except in writing to the Procurement Officer or as provided in the Solicitation documents. Violation of this provision may be grounds for rejecting a Response.

2.6 Addenda/Amendments to the ITB

The Department reserves the right to modify this ITB by issuing addenda and/or amendments. All changes to the ITB will be made through addenda or amendments posted on the VIP. It is the responsibility of the Respondent to check for any changes on the VIP. Issuance of written Addenda and/or amendments is the only method by which a solicitation may be modified.

2.7 Contract Formation

The Department will issue a notice of award, if any, to successful Respondent(s). No contract shall be formed between the Department and the awarded Respondent until both parties sign the Contract. The Department will not be liable for any costs incurred by a Respondent in preparing or producing its Response or for any work performed before the Contract is effective.

The Contract will consist of the Draft Contract as attached, which will incorporate the Scope of Work/Technical Specifications, below in Section 4, relevant portions of the Response submitted by the awarded Respondent (if any), and the Rate Schedule submitted by the awarded Respondent. If there is any discrepancy between the Scope of Work/Technical Specifications and the incorporated relevant portions of the Response, the terms most favorable to the Department shall prevail.

The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Response, except those identified in the Contract. The Respondent shall bring any perceived inconsistencies among any of the provisions of the ITB and its attachments to the attention of the Department prior to the submission of its Response. At any time during the Solicitation, the Department may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract. The

Contract that results from this Solicitation will be posted on the Florida Accountability Contract Tracking System (FACTS) website in accordance with section 215.985, F.S., “Transparency Florida Act.”

2.8 Disclosure of Response Contents

All documentation produced as part of the ITB will become the exclusive property of the Department and will not be returned to the Respondent unless it is withdrawn prior to the Response opening in accordance with Section 2.9. Once the Procurement Officer opens the Response, the Response may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), F.S.

2.9 Withdrawal of Responses

The Respondent may withdraw or modify a Response at any time prior to the due date by submitting a request to the Procurement Officer.

2.10 Administrative Cure Process

In the interest of maximizing competition, the Response qualification and cure process seeks to minimize, if not eliminate, Respondent disqualifications resulting from nonmaterial, curable deficiencies in the Response that are identified in the Minimum Mandatory Review Phase. Therefore, the Department may, in its sole discretion, notify Respondents whose qualifying information or documentation does not meet the requirements of the ITB and allow for the correction of errors and omissions prior to making a final determination of responsiveness. Timely cures made pursuant to this section will be accepted by the Department.

2.11 Clarification Process

The Department may request clarification from the Respondent for the purpose of resolving ambiguities or questioning information presented in the Response. Clarifications may be requested throughout the Solicitation process. The Respondent’s answers to requested clarifications must be in writing and must address only the information requested. Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department in the requested clarification.

2.12 Information from Other Sources

The Department reserves the right to seek information from outside sources regarding the Respondent, the Respondent’s offerings, capabilities, references, and the Respondent’s performance, if the Department determines that such information is pertinent to the ITB. The Department may consider such information throughout the Solicitation process including, but not limited to, determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Department engaging consultants, subject matter experts, and others to ensure that the Department has a complete understanding of the information provided pursuant to the Solicitation.

2.13 Firm Response

The Department may make an award within one hundred and eighty (180) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within one hundred and eighty (180) days, the Response shall remain firm until either the Department awards the Contract, or the Department receives from the Respondent written notice that the Response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected.

2.14 Right to Reject

The Department may reject any Response not submitted in the manner specified by the Solicitation documents. Respondents whose past performance, current status, or Response does not reflect the capability, integrity, or reliability to fully, and in good faith, perform the requirements of Contract may be rejected as Non-Responsible and are not eligible for Award.

2.15 Cancellation, Non-Award, and Withdrawal

When the Department determines that is it in the best interest of the State, it reserves the right to:

• Cancel this Solicitation.

• Make no Award and reject all responses.

• Withdraw the Solicitation at any time, including after an award is made.

• Withdraw or amend its Notice of Award at any time prior to execution of a contract, including, but not limited to situations in which the Contractor(s) fails to execute the contract.

• Re-procure services.

2.16 Misrepresentations

All information submitted, and all representations made, by the Respondent in a response may be relied upon by the Department in determining Responsibility of a Respondent for Award. Any misstatement or omission, whether intentional or not, may be treated by the Department as a fraudulent concealment of the true facts relating to the Response. Such misrepresentation will be a basis for the Department to disqualify the Respondent as Non-Responsible, and bar the Respondent from participation in any re-solicitation pertaining to this subject matter (regardless of whether the re-solicitation resulted from Respondent’s misrepresentation) and may be punishable under law, including, but not limited to, Chapter 817, F.S.

2.17 Licensure & Registration

Prior to the execution of a Contract, the selected Respondent must be properly licensed to do business within the State, and all entities must be appropriately registered with the Florida Department of State, if required by federal or state law.

2.18 Replacement and Alternate Responses

The Department will only consider one (1) Response per Respondent, unless otherwise indicated in Section 3. Respondents may submit revised Responses at any time prior to the Response Due Date as specified in the Timeline of Events. Revised Responses must include a statement, signed and dated by an Authorized Signatory, withdrawing all prior Responses from the Respondent. Alternate commodities and/or contractual services may be proposed only if permitted in accordance with the instructions contained in this Solicitation. The Department is under no obligation to consider alternate commodities and/or contractual services to those requested in this Solicitation if not specifically requested as part of a Response and may reject a Response making such offers as Non-Responsive.

2.19 Exclusivity

This Solicitation will not result in an exclusive license to provide the commodities and/or contractual services described in this Solicitation or the resulting Contract. The Department may, in compliance with applicable laws, contract with other vendors to provide the same or similar commodities and/or contractual services if the Department determines that doing so will serve the State’s best interests.

2.20 Diversity

The State is dedicated to fostering the continued development and economic growth of minority-owned, veteran-owned, and woman-owned businesses. Participation of a diverse group of Respondents doing business with the Department is central to the State’s effort.

The Office of Supplier Diversity (OSD) has been established within the Florida Department of Management Services (DMS) to certify qualifying minority-owned, veteran-owned, and woman-owned business enterprises (CBEs). CBEs are encouraged to participate in the State’s procurement process as both prime Respondents and subcontractors. Non-CBE Respondents are encouraged to partner with CBEs for Contract performance.

2.21 Bid Protests

Failure to file a protest within the time prescribed in section 120.57(3), F. S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

Documents received after normal working hours (Monday-Friday, 8:00 a.m. - 5:00 p.m., Eastern Time) will be filed the following business day.

All filings must be made with the Agency Clerk ONLY and are only considered "filed" when stamped, physically or digitally, by the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

The Agency Clerk's address is:

Agency Clerk, Office of General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard, Douglas Building, MS#35 Tallahassee, Florida 32399-3000 Email: Agency_clerk@floridadep.gov mailto:Agency_clerk@floridadep.gov

3 Response Instructions This section contains the General Instructions and Special Instructions to Respondents. The “General Instructions to Respondents” Form PUR 1001 is incorporated by reference and can be accessed at http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resour ces/purchasing_forms.

The terms of the PUR1001 are controlling for this ITB, except for the following sections, which are inapplicable:

Section 3. Electronic Submission of Responses Responses shall be submitted in accordance with Section 3.4 of this Solicitation.

Section 5. Questions Questions shall be submitted in accordance with Section 2.3.1.2 of this Solicitation.

Section 14. Firm Response.

This paragraph is superseded by Section 2.13 of this Solicitation.

Section 15. Clarifications/Revisions.

This paragraph is superseded by Section 2.11 of this Solicitation.

Section 16. Minor Irregularities/Right to Reject.

This paragraph is superseded by sections 2.10 and 2.14 of this Solicitation.

Section 17. Contract Formation.

This paragraph is superseded by Section 2.7 of this Solicitation.

Section 20. Protests.

This paragraph is superseded by Section 2.21 of this Solicitation.

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

Prior to execution of the Contract by the Department, the Contractor must be registered with MFMP.

Information about the registration process is available on, and registration may be completed at https://vendor.myfloridamarketplace.com/.

Prospective vendors who do not have internet access may request assistance from MFMP Customer Service within DMS.

The following United Nations Standard Products and Services Code(s) (UNSPSC) are provided to assist potential Respondents in their registration efforts:

Code Title 12141900 Non metals and pure and elemental gases 12142100 Industrial use gases 24111800 Tanks and cylinders and their accessories http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms https://vendor.myfloridamarketplace.com/

24112600 Liquid Containers 73152001 Liquid filling services 73152002 Aerosol filling services

3.2 Pre-Response Conferences and/or Site Visits

The Department will hold an optional Pre-Response Site Visit for Respondents to better understand the Scope of Work.

Attendees must check-in at the Bob Martinez Center Security Desk no later than 9:25 AM (ET) as the Site Visit will start Promptly at 9:30 AM (ET). Attendees are to wait at the Security Desk after checking in as a DEP employee will escort you to the appropriate site location.

3.3 Submission of Responses

Respondents shall deliver Responses to the Department’s office designated in Section 1.8, Timeline of Events, before the date and time specified. Any Response that is received after the exact time specified in the Timeline of Events is late. Late Responses, as well as Responses submitted through email or by facsimile, are Non-Responsive and will not be evaluated. All Response materials must be packaged so that each box shipped to the Department does not exceed 25 pounds.

Response packages must be marked to show the Respondent's name and address, the Solicitation number, and the date and time Responses are due. If multiple packages are shipped, package sequences (i.e. 1 of 3, 2 of 4, etc.) must also be indicated on the outside of the package.

3.4 Response Content Requirements

Respondent’s Responses must be submitted in hard and electronic copies divided into volumes containing the information specified below:

Volume Name Copies Volume I Business Response One (1) Original Volume II Rate Schedule One (1) Original CD/DVD/USB Electronic Copy of Response One (1) copy of each Volume CD/DVD/USB Redacted Electronic Copy of Response (if applicable) One (1) Redacted copy of each Volume

3.4.1 Volume I, Business Response

Respondents must prepare a Business Response volume in the order outlined below.

Volume I Business Response Page Limit Tab A Executive Summary Two (2) Tab B Required Forms None Tab C Certificates of Analysis None

3.4.1.1 Tab A: Executive Summary

Respondents must prepare and include an Executive Summary that summarizes the key points from the Respondent’s Business. The Executive Summary must begin with company/division’s street address; and size of business, CBEs status, and a summary of the key points from the Respondent’s Response. If the

Respondent is a current or former Contractor to the Department, the Respondent will notify the Department of the contract number and the Department’s contract manager in its Executive Summary.

3.4.1.2 Tab B: Required Forms

Respondents must complete and submit Form A, Business Response Form and Form B, Foreign State Preference Opinion Form.

3.4.1.3 Tab C: Certificates of Analysis

As a demonstration of its ability to comply with the Scope of Work, Section 4.3, Contractor Responsibilities, the Respondent shall provide, as part of its Bid, copies of one Certificate of Analysis for each specialty gas cylinder type Bid. This requirement is considered pass/fail and a Bid not including these certificates will not be considered for Award.

3.4.2 Volume II, Rate Schedule

The Respondent must complete and submit the Form D, Rate Schedule, using the instructions provided.

The Rate Schedule is to be organized as directed on the Form and must contain complete responses to all items. If a portion of any section is omitted, the Rate Schedule may be deemed non-Responsive at the sole discretion of the Department.

3.5 Economy of Presentation

Responses must be prepared simply and economically, providing a straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this Solicitation without the use of marketing materials, white papers, fancy or flashy graphics, case studies, or other promotional materials. The emphasis of each Response should be on completeness and clarity of content.

3.6 Confidential Response Materials and Redacted Submissions

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt under Chapter 119, F.S., or other authority (Public Records Law), then the Respondent must simultaneously provide the Department with an unredacted version of the materials and a separate redacted copy of the materials the Respondent claims as Confidential Information or exempt and in an index, as described in Section 3.6.1.

The Respondent shall mark the unredacted version of the document as “Unredacted version – contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent shall mark the cover of the redacted copy with the Respondent’s name, Department’s solicitation name, and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims are Confidential Information or exempt from Public Records Law. An entire Response should not be redacted. An entire page or paragraph which contains Confidential Information or exempt material should not be redacted unless the entire page or paragraph is wholly Confidential Information or exempt from Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

In addition, the Respondent should submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption.

The Redacted Copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website. In addition, the Department will follow the procedures described in Attachment 4, Public Records Requirements, of the Draft Contract.

By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. If the Respondent fails to submit a Redacted Copy of its Response, the Department is authorized to produce the entire unredacted Response submitted to the Department in response to a public records request.

4 Scope of Work

4.1 Scope of Work

The Contractor shall provide the following deliverables to the Bob Martinez Center located at 2600 Blair Stone Road, Tallahassee, FL 32399:

1. The compressed specialty laboratory gases and cryogenic liquids specified in this scope of work and required by the Department.

2. Liquid Argon micro-bulk and Liquid Nitrogen bulk services to include monitoring systems and protocols that ensure a continuous supply of these gases.

3. Containers for the storage of specialty laboratory gases and cryogenic liquids including cylinders;

micro-bulk and bulk cryogenic tank storage systems for Liquid Argon and Liquid Nitrogen; and Dewar Flasks

4.2 Definitions

In this Contract, the following terms shall be defined as set forth below:

• “Contract Manager” means the Department Division of Environmental Assessment and Restoration (DEAR) employee designated to be responsible for overall receiving, inspection, acceptance, or rejection of the deliverables.

• “Dewar Flask” is a type of vacuum flask to keep liquid for scientific experiments.

4.3 Contractor Responsibilities

A. Deliverables.

i. Deliverable 1 - Compressed Specialty Laboratory Gases and Cryogenic Liquids.

a) The Contractor must furnish the necessary personnel, materials, facilities, and services to provide the compressed specialty laboratory gases and cryogenic liquids specified in the below Tables. Except for Micro-Bulk Liquid Argon (Line-Item Number 18) and Bulk Liquid Nitrogen (Line-Item Number 19), the Contractor shall deliver and pick up empty gas cylinders when requested by the Department. Liquid Argon and Liquid Nitrogen must be delivered by the Contractor according to the protocols specified in Deliverable 2 below.

Gases must be delivered to the Bob Martinez Center located at 2600 Blair Stone Road, Tallahassee, FL 32399.

b) Compensation for the compressed specialty laboratory gases and cryogenic liquids provided by the Contractor shall be at the rates specified in the Rate Schedule which must include any applicable deposits.

c) Compensation for longer transport distances for bulk gases (Liquid Argon and Liquid Nitrogen) shall be at the rate specified in the Rate Schedule.

-Remainder of Page Intentionally Left Blank-

Tables:

Line-Item Number: 1 Name: UPC Helium Purity: Ultrapure carrier 99.995% Cylinder Content Volume: 291 cubic feet Full Pressure Fill: 2500 psi Cylinder Valve Outlet: CGA 580 Analytical Requirements: Must be free of all contaminants which can be detected on gas chromatography equipped with these detectors: flame ionization; electron capture;

Hall; nitrogen-phosphorus; photoionization; mass selective. General categories of contaminants include petroleum hydrocarbons; halogenated compounds; nitrogen or phosphorous containing compounds; industrial solvents; unsaturated hydrocarbons;

components having a high electron affinity; or any other component that the DEP Laboratory considers as a contaminant in the analytical applications.

Minimum Requirements: Nitrogen (N2) < 5.0 ppm Oxygen (O2) < 1.0 ppm Total Hydrocarbons (THC) < 0.5 ppm Water (H2O) 1.0 ppm Dew Point 105 F

Line-Item Number: 2 Name: UPC Hydrogen Purity: Ultrapure carrier 99.9995% Cylinder Content Volume: 260 cubic feet Full Pressure Fill: 2400 psi Cylinder Valve Outlet: CGA 350 Analytical Requirements: Must be free of all contaminants which can be detected on gas chromatography equipped with these detectors: flame ionization; electron capture; Hall; nitrogen-phosphorus; photoionization; mass selective. General categories of contaminants include petroleum hydrocarbons; halogenated compounds; nitrogen or phosphorous containing compounds; industrial solvents; unsaturated hydrocarbons; components having a high electron affinity; or any other component that the DEP Laboratory considers as a contaminant in the analytical applications.

Minimum Requirements: Nitrogen (N2) < 7.0 ppm Oxygen (O2) < 1.0 ppm Total Hydrocarbons (THC) < 0.5 ppm Water (H2O) < 2.0 ppm Dew Point - 105 F

Line-Item Number: 3 Name: UPC Nitrogen Purity: Ultrapure carrier 99.9993% Cylinder Content Volume: 304 cubic feet Full Pressure Fill: 2500 psi Cylinder Valve Outlet: CGA 580 Analytical Requirements: Must be free of all contaminants which can be detected on gas chromatography equipped with these detectors: flame ionization; electron capture; Hall; nitrogen-phosphorus; photoionization; mass selective. General categories of contaminants include petroleum hydrocarbons; halogenated compounds; nitrogen or phosphorous containing compounds; industrial solvents; unsaturated hydrocarbons; components having a high electron affinity; or any other component that the DEP Laboratory considers as a contaminant in the analytical applications.

Minimum Requirements: Oxygen (O2) < 1.0 ppm Total Hydrocarbons (THC) < 0.5 ppm Water (H2O) < 1.0 ppm

Line-Item Number: 4 Name: UPC Oxygen Purity: Ultrapure carrier 99.996% Full Pressure Fill: 2400 psi Cylinder Valve Outlet: CGA 540 Analytical Requirements: Must be free of the same components listed for ultrapure helium in (1).

Minimum Requirements: Cylinder Size: 337 cubic feet

Nitrogen (N2) < 7.0 ppm Total Hydrocarbons (THC) < 0.5 ppm Water (H2O) < 2.0 ppm

Line-Item Number: 5 Name: Zero Air Purity: Ultrapure carrier Cylinder Content Volume: 318 cubic feet Full Pressure Fill: 2500 psi Cylinder Valve Outlet: CGA 590 Analytical Requirements: Must be free of all contaminants which can be detected on gas chromatography equipped with these detectors: flame ionization; electron capture; Hall; nitrogen-phosphorus; photoionization; mass selective. General categories of contaminants include petroleum hydrocarbons; halogenated compounds; nitrogen or phosphorous containing compounds; industrial solvents; unsaturated hydrocarbons; components having a high electron affinity; or any other component that the DEP Laboratory considers as a contaminant in the analytical applications.

Minimum Requirements: Oxygen (O2) 19.5 - 23.5% Total Hydrocarbons (THC) < 0.1 ppm Water (H2O) < 2.0 ppm Carbon Monoxide* < 1.0 ppm Carbon Dioxide* (CO2) < 1.0 ppm Dew Point - 70 F

* Typical analysis

Line-Item Number: 6 Name: UHP/Zero Argon Purity: Ultrahigh purity / Zero grade 99.999% Cylinder Content Volume: 336 cubic feet Full Pressure Fill: 2500 psi Cylinder Valve Outlet: CGA 580 Analytical Requirements: Must contain no trace metal contaminants that might interfere with trace metals analysis. Shall contain no detectable traces of the following: Hg, Al, Ba, Be, Sb, Tl, Fe, Zn, Cd, Cr, Pb, Cu, Co, Mn, Ni, Ca, Mg, K, Na, Sr, As, Se, V, Ti, Mo. Each metal cannot exceed the specified concentration level outlined on the attached list (Section 4.07).

Minimum Requirements: Oxygen (O2) < 4.0 ppm Total Hydrocarbons (THC) < 0.5 ppm

Water (H2O) < 3.5 ppm

Line-Item Number: 7 Name: UHP/Zero Methane Purity: Ultrahigh purity 99.99% Cylinder Content Volume: 360 cubic feet Full Pressure Fill: 2400 psi Cylinder Valve Outlet: CGA 350 Analytical Requirements: The sum of CO2, N2, O2, H2C6, C3H8, and H2O must be less than 100 ppm. Must be suitable for GC/MS using chemical ionization.

Line-Item Number: 8 Name: Breathing Air Purity: Breathing Quality Cylinder Content Volume: 312 cubic feet Full Pressure Fill: 2500 psi Cylinder Valve Outlet: CGA 346 Analytical Requirements: Suitable for use with a gas chromatography equipped with a flame ionization detector.

Must be free of any of contaminants interfering with analysis by GC/FID.

Minimum Requirements: Oxygen (O2) 19.5-23.5%

Rare gases:

(Argon, Krypton, Hydrogen, Xenon, Helium, Neon)

< 1%

Carbon Dioxide (CO2) < 1% Carbon Monoxide (CO) < 10 ppm Total Hydrocarbons (THC) < 25 ppm Nitrous oxide < 0.1 ppm Dew point -70 F

Line-Item Number: 9 Name: Liquid Nitrogen (Low Pressure) Purity: 99.998% Cylinder Content Volume: 5245 cubic feet Cylinder Valve Outlet: ½" ODT x 45 flair fitting with 22 psi liquid control valve for liquid service.

Cylinder Requirements: Tare Weight: ~375 lbs.

Full Liquid Weight: ~340 lbs.

Line-Item Number: 10 Name: Liquid Nitrogen (High Pressure) Purity: 99.998% Cylinder Content Volume: 5024 cubic feet Cylinder Valve Outlet: CGA 580-valve for high-pressure service, pressure regulator set at 135 psi with 235 psi relief valve.

Cylinder Requirements: Tare Weight: ~375 lbs.

Full Liquid Weight: ~320 lbs.

Line-Item Number: 11 Name: Liquid Argon Purity: 99.997% Cylinder Valve Outlet: CGA 580-valve outlet for high-pressure service, pressure regulator set at 135 psi with a

235-psi pressure relieve valve.

Analytical Requirements: Must contain no trace metal contaminants that might interfere with trace metals analysis. Shall contain no detectable traces of the following: Hg, Al, Ba, Be, Sb, Tl, Fe, Zn, Cd, Cr, Pb, Cu, Co, Mn, Ni, Ca, Mg, K, Na, Sr, As, Se, V, Ti, Mo. Each metal cannot exceed the specified concentration level outlined on the attached list (Section 4.07).

Cylinder Requirements: Cylinder contents volume 5000 cubic feet 230 L high-pressure Dewar on casters.

Tare Weight: ~383 lbs.

Full Liquid Weight: ~590 lbs.

Line-Item Number: 12 Name: Argon Purity: Commercial grade 99.997% Cylinder Content Volume: 336 cubic feet Full Pressure Fill: 2500 psi Cylinder Valve Outlet: CGA 580 Analytical Requirements: Must contain no trace metal contaminants that might interfere with trace metals analysis. Shall contain no detectable traces of the following: Hg, Al, Ba, Be, Sb, Tl, Fe, Zn, Cd, Cr, Pb, Cu, Co, Mn, Ni, Ca, Mg, K, Na, Sr, As, Se, V, Ti, Mo. Each metal cannot exceed the specified concentration level outlined on the attached list (Section 4.07).

Line-Item Number: 13 Name: Sulfur Dioxide in Nitrogen Purity: Nitrogen Balance Purity: EPA Protocol Level Gases 99.999% Full Pressure Fill: 1800 psi Cylinder Valve Outlet: CGA 660 Cylinder Requirements: Cylinder material Aluminum

Cylinder Size: 144 cubic feet Sulfur Dioxide: 11 ppm and 52 ppm

Line-Item Number: 14 Name: Carbon Monoxide in Nitrogen Purity: Nitrogen Balance Purity: EPA Protocol Level Gases 99.999% Full Pressure Fill: 1800 psi Cylinder Valve Outlet: CGA 660 Cylinder Requirements: Cylinder size: 144 cubic feet

Carbon Monoxide: 200 ppm

Line-Item Number: 15 Name: Nitric Oxide in Nitrogen Purity: EPA Protocol Level Gases 99.999% Full Pressure Fill: 1800 psi Cylinder Valve Outlet: CGA 660 Cylinder Requirements: Cylinder size: 144 cubic feet

Nitric Oxide: 11 ppm

Line-Item Number: 16 Name: Tri-Blend in Nitrogen Purity: EPA Protocol Level Gases 99.999% Full Pressure Fill: 1800 psi Cylinder Valve Outlet: CGA 660 Cylinder Requirements: Cylinder Material Aluminum

Cylinder size: 27 cubic feet and 144 cubic feet Sulfur Dioxide: 5 ppm Nitric Oxide: 16 ppm Carbon Monoxide: 200 ppm

Line-Item Number: 17 Name: Hydrogen Sulfide Purity: EPA Protocol 99.999% Full Pressure Fill: 1800 psi Cylinder Valve Outlet: CGA 660 Cylinder Requirements: Cylinder Material Aluminum

Cylinder size: 144 cubic feet Hydrogen Sulfide: 25 ppm

Line-Item Number: 18 Name: Micro Bulk Liquid Argon Purity: 99.997% Tank Content Volume: 139,665 cubic feet Bulk Contents: 2000-L high-pressure stainless-steel tank Analytical Requirements: Must contain no trace metal contaminants that might interfere with trace metals analysis. Shall contain no detectable traces of the following: Hg, Al, Ba, Be, Sb, Tl, Fe, Zn, Cd, Cr, Pb, Cu, Co, Mn, Ni, Ca, Mg, K, Na, Sr, As, Se, V, Ti, Mo. Each metal cannot exceed the specified concentration level outlined on the attached list (Section 4.07).

Must be sufficiently free of krypton to not cause interference in metals analysis by inductively coupled plasma mass spectrometry.

Line-Item Number: 19 Name: Bulk Liquid Nitrogen Purity: 99.998% Tank Content Volume: 79,200 cubic feet Bulk Contents: 1,500-gallon high-pressure stainless steel/steel bulk tank

Line-Item Number: 20 Name: Helium Hydrogen Purity: 99.997% Cylinder Content Volume: 196.0 Full Pressure Fill: 2013 psi Cylinder Valve Outlet: CGA 350 Cylinder Requirements: Cylinder Material Aluminum

Cylinder size: 196.0 cubic feet Helium: 93 ppm Hydrogen: 7 ppm

ii. Deliverable 2 - Liquid Argon Micro-Bulk and Liquid Nitrogen Bulk Service.

a) Liquid Argon. The Contractor must provide a 2000 L micro-bulk tank system and related services for Liquid Argon (Line-Item Number 18, above) within 60 days after Contract execution. Failure to provide these services may, at the discretion of the Department, result in the termination of the Contract. Specifically, the Contractor must:

1) provide a 2000 L micro-bulk tank on-site at the location designated by the Department;

2) use their delivery vehicle to refill the bulk tank; and

3) set up a system that includes a protocol for the delivery of Liquid Argon to ensure the tank is never empty during routine laboratory operations (e.g., use radio telemetry to monitor the tank’s argon levels).

b) Liquid Nitrogen. The Contractor must provide a bulk 1,500-gallon storage system and related services for Liquid Nitrogen (Line-Item Number 19, above) within 60 days after Contract execution. Failure to provide these services may, at the discretion of the Department, result in the termination of the Contract. Specifically, the Contractor must:

1) provide a 1,500-gallon bulk tank on-site at the location designated by the Department;

2) use their delivery vehicle to refill the bulk tank; and

3) set up a system that includes a protocol for the delivery of Liquid Nitrogen to ensure the tank is never empty during routine laboratory operations (e.g., use radio telemetry to monitor nitrogen levels).

c) Dewar Flasks. The Contractor must provide portable Dewar Flasks for Liquid Nitrogen and Liquid Argon that must be on permanent casters for the ease of movement in the laboratory. No exceptions to this requirement shall be allowed.

iii. Deliverable 3 – Containers for Compressed Specialty Laboratory Gases and Cryogenic Liquids.

a) The Contractor must provide all cylinders, Dewar Flasks, and liquid gas storage tanks

(containers) for the storage of the compressed specialty laboratory gases and cryogenic liquids it provides to the Department.

b) The Contractor may charge rental fees for the use of these containers at the monthly rate indicated in the Rate Schedule. For rental periods less than a full month, the Contractor must pro-rate the monthly rate based on the number of days the container was in service during the month. Rental fees shall cease to accrue the day that written notice is provided by the Department to the Contractor to pick up any container. The Department shall pay all container rental fees in arrears.

B. Performance Measures.

i. Cylinders.

a) All cylinder sizes and filled pressure must conform to the product specifications listed in the above Tables. The filled pressure of a cylinder must be within 6% of the standard pressure requirement for the specified products.

b) If the filled pressure for a cylinder does not conform to the specifications, the Contractor shall provide a replacement gas cylinder at no additional charge to the Department. The Contractor shall be responsible for all material, maintenance, and upkeep of rental cylinders at no additional cost to the Department. The price per cylinder will be as specified in the Rate Schedule and must include any charges for cylinder deposits and delivery.

c) Certificate(s) of Analysis. The Contractor shall have on record the laboratory analytical certificate for each cylinder batch of specialty grade gas (referred to as UPC or UHP/Zero).

These certificates shall be produced to the Department upon request during the Contract term at no additional cost to the Department.

d) All specialty gas cylinders dedicated to analytical gas service shall not have previous use in industrial service. This information shall be verifiable by serial numbers on cylinders or other means.

e) All gas cylinders will be delivered within 2 days for standard operations. Gas cylinders can have expedited delivery requested in emergency situations.

ii. Compressed Specialty Laboratory Gases and Cryogenic Liquids.

a) Gases and cryogenic liquids provided by the Contractor must meet or exceed the specifications outlined in the Tables in Section 4.3 A. i., above.

b) Each gas or cryogenic liquid provided by the Contractor will be used by the Department for a specific analysis and must be free of all components of analytical interest.

c) If a particular grade of purity cannot meet the specifications of the analytical applications, as determined by the Department, the Contractor must provide a higher or purer grade at no additional charge.

d) If the Department determines that the proposed grade is unsuitable for the analytical application, the Contractor shall provide an acceptable grade at the price provided for the gas or cryogenic liquid in the Rate Schedule.

e) Gases provided to the Department by the Contractor for atomic spectroscopy applications must not exceed the maximum metal contamination limits specified in the following table:

Metal Atomic Symbol Maximum Level (ppb)

Mercury Hg 0.02 Aluminum Al 1 Silver Ag 0.04 Barium Ba 1 Beryllium Be 0.1 Antimony Sb 1 Thallium Tl 0.5 Iron Fe 0.5 Zinc Zn 0.02 Cadmium Cd 0.05 Chromium Cr 0.5 Lead Pb 0.2 Copper Cu 0.5 Cobalt Co 0.5 Manganese Mn 0.1 Nickel Ni 0.5 Calcium Ca 1 Magnesium Mg 0.5 Potassium K 1 Sodium Na 0.5 Strontium Sr 1 Arsenic As 0.1 Selenium Se 0.2 Vanadium V 2 Titanium Ti 2 Molybdenum Mo 0.5

C. Other Contractor Responsibilities.

i. During the Contract term, the Contractor, at its sole expense, shall provide commercial insurance of such type, and with such terms and limits, as may be reasonably associated with the Contract.