ITB-22-005 Final Version.pdf

Invitation to Bid (ITB)

Building Code Administrator Services

FDC ITB-22-005

Miranda Tatum, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

SECTION 1: Definitions

SECTION 2: Introduction

2.1 Overview

2.2 ITB Timeline

SECTION 3: Key Information

3.1 Background

3.2 Statement of Purpose

3.2.1 ITB Modifications

3.2.2 Order of Precedence

3.3 ITB Outcome

3.3.1 Contract Term and Renewal

3.3.2 Purchases and Invoices

3.3.3 Substitutions

3.3.4 Addition/Deletion of Service Locations

3.3.5 Subcontracts

SECTION 4: Statement of Work

4.1 Specifications

4.1.1 Certification

4.1.2 Applicable Codes

4.1.3 Requests for Services

4.1.4 Approval/Change of Letter of Proposal of Service

4.1.5 State Building Permits

4.1.6 Inspection Assignments

4.1.7 Building Code Inspection Services

4.1.8 Acceptable Attire for BCA

4.1.9 Behavior of the BCA

4.1.10 Inspection Reports

4.1.11 Final C.O

4.1.12 Estimated Quantities

4.1.13 Summary Reports

4.2 Performance Measures and Financial Consequences

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

5.2 Vendor Questions

5.3 Vendor Ombudsman

5.4 Bid Submissions

5.4.1 Mandatory Documentation

5.4.2 Price Sheet

5.4.3 Contact Information and Scrutinized Company Certification

5.4.4 Bid Contents

5.4.5 Bid Withdrawal

5.5 Other Vendor Requirements

5.5.1 MFMP Registration

5.5.2 Substitute W-9

5.6 Public Bid Opening

5.7 Bid Evaluation

5.7.1 Basis of Award

5.7.2 Identical Bids

5.7.3 Rejection of Bids

5.7.4 Bid Disposal

5.8 No Prior Participation or Conflict of Interest

5.9 Protest Procedures

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

6.2 Environmental Considerations

6.3 Intellectual Property

6.4 Insurance

6.5 PCard Payments

6.6 Special Conditions

6.6.1 Retention of Records and Documentation

6.6.2 E-Verify

6.6.3 Cooperation with the Inspector General

6.6.4 Cooperation with the Florida Legislature

6.6.5 Severability

6.6.6 Employment of Department Personnel

6.6.7 Legal Requirements

6.6.8 Prison Rape Elimination Act (PREA)

6.6.9 Security Requirements

Attachment I – Price Sheet

Attachment II – Vendor's Contact Information and Certification

Attachment III – Certification of Drug-Free Workplace Program

Attachment IV – Security Requirements

Attachment V – Service/Delivery Locations

Attachment VI – Building Permit Application

Attachment VII – State Building Permit

Attachment VIII – Supplemental Instructions

Attachment IX – Code Inspection Request Form

Attachment X – Code Inspection Report Form

Attachment XI – Certificate of Occupancy (Sample)

Attachment XII – Annual Contract Service Report

SECTION 1: Definitions

The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Agency Term Contract (ATC or Contract): The written Contract between the Department and the successful Vendor, which results from this ITB and is mandatory for use by the entire Department.

1.2 Bid: A Vendor’s response to this ITB.

1.3 Building Code Administrator (BCA): A professional(s) who, by education, experience and examination, is qualified, duly licensed, and registered to engage in the practice of permitting and inspections in the State of Florida, per Sections 468.601 through 468.633, F.S. The BCA is an independent contractor, not an agent, representative, or employee of the Department.

1.4 Building Valuation: The estimated construction cost for a Project.

1.5 Business Day: Days Monday through Friday, excluding State holidays.

1.6 Certificate of Completion (C.C.): A document issued by a local government agency or building department certifying a building's compliance with applicable building codes and other laws. The C.C.

will only be issued after the BCA verifies that the work complies with the applicable codes.

1.7 Certificate of Occupancy (C.O.): A document issued by a local government agency or building department certifying a building's compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy. The C.O. will only be issued after the BCA verifies that the work complies with the applicable codes. At the Department’s discretion, a C.C. may be acceptable to fulfill the C.O. requirement on a Project.

1.8 Contract Manager: The Department’s employee, or designee, who will serve as a liaison between the Vendor and Department under the Contract, and will monitor the Vendor’s progress and Contract performance to ensure the procured products and services conform to the Contract’s requirements.

1.9 Day: A calendar day, unless otherwise noted.

1.10 Department or FDC: The Florida Department of Corrections.

1.11 General Contractor (GC): The qualified Construction Manager (CM) or Design Build Firm (DBF)

(terms will be used interchangeably) that enters into an agreement directly with the Department for a major portion of the Project. When the Department is constructing buildings using inmate labor, the Department will follow the same procedures as required by the GC.

1.12 Material Deviation(s): A deviation from the requirements and specifications herein, which, in the Department’s sole discretion, is not in substantial accord with the requirements and specifications, provides a significant competitive advantage to one Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

1.13 Minor Irregularity: A variation from the requirements and specifications herein that does not give the

Vendor a significant competitive advantage or benefit not enjoyed by other Vendors and does not adversely impact the Department’s interests.

1.14 Permitting Authority (SFM): The State of Florida, State Fire Marshal (SFM), Section who reviews all construction documents and is responsible for code inspections on projects administered by the Department.

1.15 Project: When construction plans are submitted for plan evaluation and permit approval, they will then be considered a Project and the Department will assign a Project number.

1.16 Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the Visa platform.

1.17 Responsible Vendor: A Vendor who has the capability in all respects to fully perform the Contract requirements and the integrity and reliability that will assure good faith performance.

1.18 Responsive Bid: A Bid, submitted by a Responsible Vendor, which conforms to all material aspects of this ITB.

1.19 Vendor: A legally qualified corporation, partnership, or other business entity submitting a Bid to the

Department in response to this ITB.

[Remainder of Page Left Blank Intentionally]

SECTION 2: Introduction

2.1 Overview

The Department has a need to purchase building code plan evaluation and inspection services for various locations throughout the State. The Department has an Agency Term Contract (ATC) in place for these services (ATC-16-003); the current ATC expires on October 21, 2022. The Department is issuing this ITB to replace that ATC, and establish up to four (4) new Agency Term Contracts (ATC). The Department’s current contract can be found at https://facts.fldfs.com/ under Agency Contract ID: ATC-16-003.

2.2 ITB Timeline

The Department established the following Timeline for this ITB. Each Vendor must adhere to this Timeline and any Timeline revision(s). The Department will post any Timeline revision as an addendum to the ITB advertisement in accordance with Section 3.2.1 of this ITB. All references to the “Timeline” herein refer to the Timeline in this Section. All times below are Eastern Time (E.T.)

Event Date/Time Location (if applicable)

ITB Advertised August 31, 2022 Vendor Information Portal http://vendor.myfloridamarketplace.com

Non-Mandatory Pre-Bid Conference

September 7, 2022, at 2:00 p.m.

Florida Department of Corrections Bureau of Procurement, Miranda Tatum

Conference Room 311, 501 S. Calhoun Street

Tallahassee, Florida 32399-2500

Contractors may attend the Pre-Bid Conference remotely via teleconference.

Conference Call Number: (888) 585-9008 Conference Room Number: 701-874-802

Deadline for Vendors to Submit Questions

September 9, 2022, by 5:00 p.m.

Submit via email to:

purchasing@fdc.myflorida.com

Attn: Miranda Tatum, Procurement Officer Subject: ITB-22-005 Building Code Plans

Review and Inspection Services Anticipated Date the

Department will Advertise its Answers to Vendors'

Questions September 20, 2022 Vendor Information Portal http://vendor.myfloridamarketplace.com

Bid Deadline and Time of the Department’s

Public Bid Opening

October 4, 2022, at 2:00 p.m.

Florida Department of Corrections Attn: Miranda Tatum

ITB-22-005 Building Code Plans Review and Inspection Services 501 S. Calhoun Street Tallahassee, FL 32399

Anticipated Date the Department will Advertise its Agency Decision October 11, 2022 Vendor Information Portal http://vendor.myfloridamarketplace.com https://facts.fldfs.com/ http://vendor.myfloridamarketplace.com/ mailto:purchasing@fdc.myflorida.com

SECTION 3: Key Information

3.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the FDC has 24,000 full-time employees, incarcerates approximately 80,000 inmates, and supervises nearly 145,000 offenders in the community. The Department’s Office of Institutions manages 143 facilities statewide, including major institutions, annexes, work camps, road prisons, forestry camps, re-entry centers, and community release centers. The Department’s Office of Community Corrections monitors and supervises adult offenders out of 130 offices within 20 judicial circuits.

The Department divides its operations geographically into four (4) regions: Region I (the Panhandle), Region II (North Florida), Region III (Central Florida), and Region IV (South Florida).

Each region has a Regional Director of Institutions who supervises all Wardens in that region and a Regional Director of Community Corrections who supervises all Circuit Administrators in that region.

The Department is responsible, through the BCA, for ensuring compliance with the applicable building codes for Department construction Projects. Each Project’s statement of work informs the Department’s contractors that the BCA is the responsible code enforcement entity and how they are to do business with the BCA with respect to the enforcement of building codes.

3.2 Statement of Purpose

The purpose of this ITB is to secure Responsive Bids from Responsible Vendors to provide building code plan examinations, permitting, inspections, and issuance of Certificates of Occupancy (C.O.)

for the Department’s building Projects, as specified in this ITB. The Bidders responding to this ITB must be certified by the Florida Building Code and Inspectors Board within the Department of Business and Professional Regulation. The Department is issuing this ITB to establish up to four

(4) new ATCs. Service delivery locations may be found in Attachment V of this ITB.

3.2.1 ITB Modifications

Once the Department advertises this ITB on the Vendor Information Portal (VIP), if it needs to change, supplement, modify or revise any portion of its contents or exhibits, attachments, or other materials, it will advertise supplemental information as an addendum to this ITB on the VIP. Interested parties are responsible for monitoring the VIP website for addenda relative to this solicitation.

3.2.2 Order of Precedence

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

i. ITB addenda, in reverse order of issuance;

ii. This ITB document, including any attachments or exhibits;

iii. PUR 1000, referenced in Section 5.1 of this ITB; then

iv. PUR 1001, referenced in Section 5.1 of this ITB.

3.3 ITB Outcome

3.3.1 Contract Term and Renewal

As a result of this ITB, the Department will award the successful Vendor a three (3) year Contract, which may be renewed for up to three (3) additional years, or portions thereof, in accordance with Section 287.057(14), Florida Statutes (F.S). Contract pricing will be fixed, as specified in the Vendor’s completed Attachment I, Price Sheet.

3.3.2 Purchases and Invoices

The Department may issue purchase orders (POs) through MyFloridaMarketPlace (MFMP) and pay for deliverables via PCard. Throughout the Contract term, the Vendor shall invoice the Department in arrears, as required by Section 215.422, F.S. The Vendor's invoice shall include its name, mailing address, federal tax identification number (FEIN), PO number, the dates of service (if applicable), items provided (if applicable), and all relevant supporting documentation.

The Contractor shall submit invoices for compensation for delivery of products/services in detail sufficient for a proper pre-audit and post-audit thereof. Invoices will be paid upon receipt, inspection, and acceptance of the service(s). The Department shall pay upon Department approval of a detailed invoice and backup documentation.

Project Plan Evaluation, Permitting, C.O. Issuance, and Inspections: The BCA shall submit a separate detailed invoice at the end of each month for each PO for the services completed by the successful Vendor during the month. The invoice shall be submitted no later than the 10th Day of the month following the month services were rendered. Each detailed invoice shall include timesheets for each person involved in inspections for each permit during that month, calculations showing how the total amount invoiced was determined, a copy of the PO covering that permit, and copies of each “Code Inspection Request Form,” “Plans Examination Report,” and “Code Inspection Report Form” completed for each permit for that month. Timesheets and invoices shall reflect the Department’s Project name and number.

Re-Use Plan Examinations and C.O. Issuance: The re-use plan examination fee (Item #7 on Attachment I, Price Sheet) is for reviewing, permitting, and issuing a C.O. for a building plan that was previously reviewed and permitted at a different location or construction site.

When plan examinations require an invoice, they shall be submitted upon completion

Re-Inspections: Re-inspection costs shall be paid by the General Contractor to the BCA per Subsection 4.1.10 (iv) as defined herein.

3.3.3 Substitutions

Upon Contract execution, the Vendor must provide only the services awarded.

3.3.4 Addition/Deletion of Service Locations

The Department reserves the right to add or delete services and service locations after Contract execution when it is in the Department's best interest and general scope of this ITB. The Vendor’s pricing for services and service locations added or substituted must be comparable to the prices established by this ITB. Any modification to add or delete services or service locations will become effective only upon execution of a written amendment to the Contract.

3.3.5 Subcontracts

With prior written consent from the Department, the Vendor may enter written subcontracts to fulfill its Contract duties as indicated in this ITB. The Vendor must disclose anticipated subcontracts at the time of Bid submission and must provide a copy of the proposed subcontract to the Department with its Bid. No subcontract into which the Vendor enters for the performance of its duties under the Contract shall in any way relieve the Vendor of responsibility or liability associated with the performance of its Contract duties. All subcontractors shall comply with the Contract requirements to the same extent as the successful Vendor, including requirements regarding background checks and other security measures.

The Department will only pay the Vendor for deliverables provided under the Contract.

The Vendor shall make all payments to subcontractors within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. The Department shall not be liable to any subcontractor for any expenses incurred under the subcontract. The Vendor assumes sole responsibility for all expenses and liabilities incurred under a subcontract. If the Vendor fails to pay the subcontractor within seven (7) Business Days, the Vendor shall pay the penalty to the subcontractor in the amount of 0.5% of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

SECTION 4: Statement of Work

4.1 Specifications

The Vendor shall provide Building Code Administrator (BCA) services and serve as the BCA for the Department as specified in this ITB. The BCA shall evaluate plans, administer, supervise, direct, enforce, and perform permitting inspections and issuance of C.O.s for construction Projects.

This will include new construction, site utility plan evaluations, alterations, repairs, remodeling, or demolition of structures for building systems within the boundaries of the State’s jurisdiction and facilities under the authority of the Department. When permitting is required, the BCA shall ensure compliance with all building, plumbing, mechanical, electrical, gas fuel, energy conservation, accessibility, and other construction codes which are required or adopted by State law. The BCA shall faithfully perform these responsibilities without interference from any person or authority.

These services are required for the health, safety, and welfare of the building occupants.

The Department and its GCs/Architects will engage the services of the BCA for building code plan evaluation, permitting, and inspection services for the Department in the area and discipline(s).

The Department, on occasion, may request building code inspection services to be performed by others within the Department. The Department reserves the right to perform its own inspection services with licensed staff.

The BCA will not be required to permit and inspect mobile homes that are owned by Department employees in institutional staff housing areas.

The BCA shall provide a letter of proposal that estimates the required inspections based on the scope of work prior to the performance of any Contract services for each Project requiring building code services. Upon approval by the Department’s Contract Manager, a PO will be issued.

Attachment I, Price Sheet, reflects the pricing structure for the services sought. The Vendor must bid only the services specified in this ITB. The services sought in this ITB will be considered deliverables in the Contract.

4.1.1 Certification

The BCA’s personnel providing services shall possess a current certification issued by the Florida Department of Business and Professional Regulation, State of Florida, to inspect all the disciplines listed in Attachment IX, Code Inspection Request Form. If, at any time, their certification becomes invalid or suspended by the Florida Department of Business and Professional Regulation, the Department shall be notified immediately in writing by the BCA. The BCA shall not allow any unlicensed personnel to perform any building code inspections.

4.1.2 Applicable Codes

The BCA shall provide all services in accordance with the applicable codes governing building code inspections in each area of the State.

4.1.3 Requests for Services

i. The Department will submit requests to the BCA to perform building code plans examinations of construction documents, involving drawings and specifications, utilizing the Department’s State Building Permit Application, Attachment VI.

ii. The BCA shall schedule plan examinations of all required disciplines (e.g. building, mechanical, electrical, and plumbing). The BCA shall adhere to all required codes and include a thorough, complete, and professional review utilizing a checklist methodology when conducting plan examinations. The BCA shall retain all Project documents for a period of five (5) years after the issuance of the C.O.

iii. The BCA will email all deficiencies with mandatory or required corrections to the Department and the GC/Architect. The BCA shall determine the required response from the GC/Architect to correct all discrepancies. All discrepancies requiring mandatory corrections shall include reference to the applicable codebook (e.g.

building, mechanical, plumbing, or electrical) and cite the codebook paragraph for each code cited.

iv. The BCA shall handle any disputes regarding a design deficiency and be the ultimate authority for resolution.

v. Upon receipt of the plans for evaluation, the BCA shall prepare a letter of proposal of services that estimates the required inspections based on the scope of work and submit it to the Contract Manager. The letter of proposal of services shall be provided within five (5) Business Days of receipt of the permit application.

vi. The BCA shall evaluate plans and either issue a permit or provide comments to the Department within 10 Business Days from PO issuance.

vii. The BCA shall maintain an electronic database to track all services, including, but not limited to permit costs and inspection times.

viii. The BCA shall maintain a fully staffed office within the State of Florida to provide code reviews and to meet with Department staff to review plans as requested.

4.1.4 Approval/Change of Letter of Proposal of Service

i. The Department will issue a separate PO to the BCA for each Project authorized under this Contract, establishing the services and costs per Project for the building code plans examination, permit issuance, number of inspections, and C.O. issuance to be provided under each PO in accordance with Attachment I, Price Sheet.

ii. Should it become evident during the course of a Project that the number of inspections authorized is insufficient, the BCA shall notify the Contract Manager, in writing before invoicing the last authorized inspection. Documentation shall accompany the notification explaining the exact necessity for increasing the number of inspections.

The Department will review the documentation and may issue a change order to the PO, increasing the number of inspections as necessary.

4.1.5 State Building Permits

After the BCA designates the construction plans in compliance with all required applicable codes, the BCA shall issue the Department a State Building Permit (see Attachment VII) and submit the permit to the GC along with a copy of the “Supplemental Instructions” (see Section Attachment VIII). The Supplemental Instructions further instructs the GC on how the BCA will interact with the GC in relation to the enforcement of the applicable building codes.

4.1.6 Inspection Assignments

i. Once the Projects permit is posted at the site and construction begins, GCs will request inspections through the BCA, who shall conduct building code inspections as described in the Supplemental Instructions. Inspections shall be made within two (2) Business Days of the inspection request.

ii. The BCA shall ensure a Department’s Code Inspection Request Form, Attachment

IX, is completed for each inspection.

4.1.7 Building Code Inspection Services

i. Upon receiving an inspection request from the Department or the GC, the BCA shall visit the site and conduct the inspections requested in the inspection request.

Inspections shall be conducted in accordance with the appropriate guidelines to determine if the work conforms to the applicable codes. The BCA shall utilize the State Building Permit, Attachment VII, and shall make accurate and comprehensive notations. All work not in accordance with the applicable code requirements shall be brought to the attention of the GC and the Department immediately.

ii. If the BCA determines that certain work requiring an inspection has been concealed, the BCA shall immediately inform the GC of the condition. The BCA shall then notify the Contract Manager. If determined necessary by the BCA and the Contract Manager, the BCA may order the GC to remove the obstruction concealing the work so that the BCA may inspect it, even if this requires removing something already constructed.

iii. Upon completion of an inspection, the BCA shall initial and date the appropriate place on the “State Building Permit” form posted at the Project site.

iv. Upon completion of an inspection, the BCA shall prepare a Code Inspection Report Form, Attachment X, in accordance with the requirements specified herein and submit a copy of the report to the GC before leaving the site. The report must indicate the applicable codebook (e.g. building, mechanical, plumbing, or electrical) and cite the codebook paragraph/reference for each code deficiency found.

v. If a disagreement exists between the GC and the BCA concerning the outcome of an inspection, the BCA shall make the final determination regarding the matter.

vi. The BCA is required to provide a PDF copy of each inspection report to the Contract

Manager upon submission of the corresponding monthly invoice.

4.1.8 Acceptable Attire for BCA

i. The BCA’s personnel performing the building code inspections shall dress neatly and in clean presentable clothes. They may wear blue jeans or khakis as long as they are neat and clean and not torn or otherwise not presentable. Camouflage attire of any kind is not permitted on Department property.

ii. The BCA’s personnel performing the building code inspections shall wear proper work shoes that protect their feet. They shall not wear tennis shoes or other shoes that will not provide adequate protection.

iii. The BCA’s personnel performing the building code inspections shall wear hard hats at all times while on a construction site.

4.1.9 Behavior of the BCA

The BCA shall be helpful, congenial, and professional at all times while providing services and shall work cooperatively with the Department and its’ other contractors.

4.1.10 Inspection Reports

i. The BCA shall provide the GC with a written report indicating the results of the inspection. Deviations from the permitted documents shall be approved by the Architect/Engineer of Record and the Contract Manager. The Contractor shall anticipate the need for this written approval and provide it to the Inspector at, or before, the time of inspection.

ii. If the GC wants to discuss the results in a professional manner, the BCA shall oblige if time permits. The GC is required to know the applicable codes, so a lengthy explanation of a violation should not be necessary. The BCA’s function is to inspect the work and document the results of the inspection. The BCA is not responsible for directing the GC on “how to correct a violation.” The BCA is not authorized to grant a variance from the applicable codes.

iii. If, after reviewing his work and the applicable codes, the GC believes a cited violation does not exist, the GC will have the ability to contact the BCA in writing (fax or email accepted) stating the inspection date, Project title, permit number, applicable drawing number(s), applicable specification section number(s), applicable code section number(s), and an explanation of why the GC believes the cited code violation does not exist. The BCA shall evaluate the situation and render a decision.

iv. The inspection reports shall indicate the result of the inspection, which will contain numbers that describe the result of the inspections, as follows:

• 699-Passed: This indicates that all items related to a particular inspection have been inspected and are in accordance with the applicable code(s).

• 620-Conditional: This indicates that the vast majority, 95%, of all items related to a particular inspection have been installed, inspected, and passed on the condition that a few items be corrected. The Inspector is in no way obligated to grant a “Conditional.” A “Conditional” will only be granted if the Inspector believes the Contractor is able and willing to complete the work in accordance with the applicable codes, because a re-inspection shall not be required. The BCA’s belief will be based on the extent and quality of work completed for the present and previous inspections. A “Conditional” shall not be issued for items not completed which relate to the protection of people’s health and safety. A “Conditional” will only be issued if a small quantity of minor items must be completed or corrected.

• 650-Violation Cleared: This is used when a re-inspection of a previous violation reveals that the item has been completed in accordance with the applicable code(s).

• 710-Re-inspection Required: This confirms that a re-inspection is required for a particular item. A “Failure” or “Not Ready” automatically implies that a re-inspection is required.

• 725-Not Ready: This will be used to indicate that a significant amount related to a particular inspection has not been installed or has been installed incorrectly. If only part of the work is installed and the BCA does not designate “Conditional” as described above, the BCA should designate the result as “Not Ready.” If the BCA finds three (3) different code violations related to a particular inspection discipline, he shall terminate the inspection, write “Inspection Terminated” below the third violation on the report and designate the result as “Not Ready.”

• 726-Re-inspection Fee (s): This will be designated for all instances that a “725- Not Ready” or “730-Failed” designation is made. This will also be designated when a re-inspection has been made and previously cited violations have not been corrected or additional violations have been created as a result of the corrective action. This will also be designated should the GC fail to provide proper access, means, to the BCA for performing the inspections (see the Supplemental Instructions in Attachment VIII).

• The GC should check the specifications for the Project to determine his responsibilities for payment of these re-inspection costs.

• 730-Failed: This will designate that violations have been found and a description should be included in the space provided on the report. A “Failed” designation will also apply when a GC does not provide the proper access or means, to the BCA for performing the inspection.

4.1.11 Final C.O.

i. The issuance of a C.O. completes the permitting and inspection process. The GC shall request a C.O. after completion of a new building, building addition, or a renovation even if occupancy is not in question. The GC must request the certificate in writing from the BCA.

ii. Before the C.O. can be issued, the following items must be submitted in writing, as applicable:

• A Letter from the GC that all code violations have been corrected along with copies of final Code Inspection Reports, Attachment IX.

• Copies of any elevator inspection report(s), indicating acceptance.

• A copy of the final written approval from the State Fire Marshal.

• A statement that all outstanding fees owed the BCA have been paid in the form of a Cashier’s Check or Certified Bank Check.

NOTICE: In addition to the requirements of the permit, there may be additional restrictions applicable to the property that may be found in the public records of the county.

NOTICE: If the Project involves the disturbance or removal of asbestos, it is the permit-holder’s responsibility to ensure compliance with National Emission Standards for Hazardous Pollutant (NESHAP) regulations and notification to the Florida Department of Environmental Protection.

iii. Required Forms: The BCA shall use the forms listed below and attached for all Projects:

• Attachment VI - Building Permit Application

• Attachment VII - State Building Permit

• Attachment IX - Code Inspection Request Form

• Attachment X - Code Inspection Report Form

• Attachment XI - Certificate of Occupancy

• Attachment XII - Annual Contract Service Report

4.1.12 Estimated Quantities

The quantities provided in this ITB are given as an estimate for Vendors to prepare their Bids and the Department to make an award. Quantities should not be construed as representing the actual quantities to be purchased by the Department. The Department may purchase more or fewer /services than indicated in this ITB.

4.1.13 Summary Reports

The Vendor shall provide the Contract Manager a report of all services completed at the end of each calendar year. These reports must provide, at minimum, 1) description of services completed during the year, 2) total dollar value of services completed during the year, and 3) total dollar value of all services completed during the Contract term to date (see attached columns).

The Department may, at its sole discretion, develop a format for the Vendor to use in reporting the information above. The Vendor shall utilize any format developed by the Department. The Vendor’s failure to provide an annual report within 30 Days following the end of a year may result in the assessment of financial consequences or termination of the Contract. The Contract Manager may request ad-hoc reports within the timeframe specified in the request or specified elsewhere in this ITB.

4.2 Performance Measures and Financial Consequences

The Department desires to contract with a Vendor who demonstrates its willingness to be held accountable for the achievement of successful Contract performance. By submitting a Bid, the Vendor agrees to the Department’s assessment of financial consequences, which are not intended to be a penalty but to incentivize the Vendor’s performance under the Contract.

The performance measures below list the key expectations most critical to the success of the Contract and the financial consequence the Department will assess if an expectation is not met. If a Vendor is unable to achieve a performance measure expectation because of unforeseen circumstances outside of its control, the Vendor may submit a written request, in advance, to the Contract Manager to waive the assessment of the associated financial consequence. The Contract Manager will then review the request to determine whether mitigating circumstances existed beyond the Vendor’s control. For the Department to approve the request, the Vendor must not have contributed to the failed expectation in any manner. The Department does not waive its ability to assess financial consequences by allowing the delivery of an item(s) or completion of services after the time allowed. Nothing in this section shall limit the Department’s right to pursue other remedies available at law or in equity.

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-001

All services performed by the successful Vendor shall be completed by a properly licensed individual.

The successful Vendor will produce proof of license and certifications issued by all authorities, Federal, State, and

Local.

Per Service

The Department will not pay for services performed by the successful Vendor without a proper license.

The services must be redone by properly licensed staff.

PM-002

The BCA shall provide a letter of proposal of service and cost prior to the performance of any Contract services for each project requiring building code services.

The letter of proposal of service shall be submitted within five (5) Business Days of request being made to include all aspects of the needed service needed, per Section 4.1.

Per Occurrence

$25 per Day beginning on the third business Day after the request is made until the letter of proposal of service is received.

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-003

The BCA shall make and complete inspections timely.

After a request to inspect has been made, the BCA will make and complete required inspections within two (2) Business Days of the request in accordance with all specifications in 4.1.

e., Plans Examination Assignments, using all required State and Departmental forms, as per Section 4.1.m.ii.

Per Occurrence

$50 per Day beginning on the third Business Day after the request is made until the inspection is scheduled.

PM-004 The BCA shall evaluate plans timely.

Plans must be evaluated and either a permit issued or comments provided within 10 Business Days from PO issuance, as per Section 4.1.3.

Per Occurrence

$50 per Day beginning on the

11th Business Day after the PO is issued until a permit is issued, or comments are provided.

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-005

The BCA shall provide plan examinations, permitting, and inspection services accurately.

The BCA shall provide services in accordance with Section 4.1 and all applicable federal, State, and local laws.

Per Occurrence

The cost of the inspection plus

$250 per occurrence where the BCA was at fault for not complying with the requirements in Section 4.1, or applicable federal, State, and local laws.

PM-006

The Vendor shall provide all reports accurately and timely.

Timely Reporting Per

Occurrence

$100 Per Day after 30 Days following the end of a year.

PM-007

The Vendor shall complete day of inspection documentation.

The BCA shall date and initial the State Building Permit and submit Attachment X to the GC, per Section 4.1.7.

Per Occurrence

On the day of a completed

Inspection, prior to leaving the site, $50 Per

Day.

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

The State’s General Contracting Conditions (PUR 1000) and General Instructions to Respondents (PUR 1001) may be viewed at the link below and are hereby incorporated by reference in their entirety as part of this ITB.

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

The terms and conditions set forth within this ITB supersede any conflicting terms and conditions set forth within PUR 1000 or PUR 1001.

5.2 Vendor Questions

Interested Vendors may email questions relating to this ITB and requests to bid approved equivalents to the Procurement Officer listed below. Questions and requests to bid approved equivalents must be received by the deadline in the ITB Timeline. Oral inquiries, or those submitted after the deadline, will not be acknowledged.

Procurement Officer:

Miranda Tatum Bureau of Procurement Office of Financial Management Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3700 Email: purchasing@fdc.myflorida.com

The Department will post its answers to written questions to the VIP on or about the date referenced in the Timeline.

Between the release of the solicitation, and the end of the 72-hour period following the advertisement of the Notice of Agency Decision (the 72-hour period excludes Saturdays, Sundays, and State holidays), Vendors responding to this ITB, and persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), F.S.

Persons requiring special accommodations to respond to this ITB because of a disability should contact the Bureau of Procurement at (850) 717-3700 at least five (5) days before any Bid opening or public meeting. Persons who are deaf, hard-of-hearing, deaf-blind, or speech-disabled may contact the Bureau of Procurement by using the Florida Relay Service at 1-800-955-8771

(TTY/ASCII).

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any oral discussion with a State employee related to this ITB. Only written communications from the Procurement Officer are considered duly authorized expressions on behalf of the Department.

Only written communications from a Vendor will be recognized as duly authorized expressions on https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms mailto:purchasing@fdc.myflorida.com http://www.myflorida.com/apps/vbs behalf of the Vendor. Any discussion by a Vendor with an employee or representative of the Department, involving cost or price, and occurring before the Department advertises its notice of agency decision, may result in the rejection of that Vendor's Bid.

5.3 Vendor Ombudsman

A vendor ombudsman has been established within the Florida Department of Financial Services (DFS). The duties of this office include acting as an advocate for Vendors who may experience problems in obtaining timely payment(s) from a State agency. The vendor ombudsman may be contacted by calling the Florida Department of Financial Services at 850-413-5561.

5.4 Bid Submissions

Before submitting a Bid, Vendors should check the Vendor Information Portal for any ITB modification(s) as outlined in Section 3.2.1. Neither the Department nor the State of Florida is liable for any costs incurred by a Vendor in response to this ITB.

A Vendor must prepare its Bid simply and economically, providing a straightforward, concise delineation of the Vendor's capability to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional materials are discouraged. Bids must be complete and clear.

To expedite the Department’s review of Bids, Vendors must adhere to the following instructions:

A) Bids must be sent by U.S. Mail, Courier, Overnight, or hand-delivered to the location indicated in the Timeline. Electronic submission of Bids will not be accepted.

B) Bids must be submitted in a sealed envelope/package with ITB-22-005 and the date/time of the

Public Bid Opening clearly marked on the outside of the envelope/package.

C) It is the Vendor's responsibility to ensure its Bid is delivered to the proper place and time as stipulated in the Timeline.

D) Bids received after the Bid Deadline provided in the Timeline will not be accepted.

E) Vendors should submit one (1) original hard copy Bid and one (1) electronic Bid copy in searchable PDF format on a CD, DVD, or flash drive. The electronic copy must contain the entire Bid as submitted, including all supporting and signed documents. CDs, DVDs, and flash drives submitted should not be password protected.

F) If the Vendor considers any portion of its Bid to be confidential, trade secret, or otherwise exempt from disclosure under Chapter 119, F.S., the Florida Constitution, or another legal authority, the Vendor must also simultaneously provide the Department a redacted copy of its Bid in both hard copy and electronic forms and provide a brief written description of its grounds for claiming exemption from public record, including the specific statutory citation for such exemption. This redacted copy shall be titled “Redacted Copy.” The redacted copy must be provided to the Department at the same time the Vendor submits its Bid and must only exclude or redact those exact portions of the Bid claimed confidential, proprietary, or trade secret. The Vendor shall be responsible for defending its assertion that the redacted portions of its Bid are confidential, trade secret, or otherwise exempt from disclosure. Further, the Vendor shall protect, defend, and indemnify the Department for any claims arising from, or relating to, the Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise exempt from disclosure. If the Vendor fails to submit a redacted copy with its Bid, the Vendor explicitly authorizes the Department to produce its entire Bid contents in answer to a request for public records. In no event shall the Department, or any of its employees, or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this Bid.

5.4.1 Mandatory Documentation

Vendors must complete and submit the following mandatory documentation with their Bids:

A) Price Sheet (Attachment I);

B) Vendor’s Contact information and Certification (Attachment II);

C) Vendor’s employee certifications from the Florida Department of Business and Professional

Regulation; and D) Proof of at least three (3) years of experience within the last five (5) years.

E) Three (3) years of experience within the last five (5) years in Building Code Administration

Services, as documented on Attachment II, Vendor’s Contact Information and Certification.

5.4.2 Price Sheet

The Vendor shall complete and submit Attachment I, Price Sheet, to bid on this ITB.

Vendors should ensure they are using the most current version of the Price Sheet before submitting their Bids by checking the VBS for any ITB modifications as outlined in Section

3.2.1. If the Department approved any equivalent items during the question/answer phase of this ITB, then the Department will reflect the approved equivalents as items on Attachment I, Price Sheet. By submitting a Bid in response to this ITB, a Vendor warrants its agreement to the prices submitted. Vendors should submit Bids with the most favorable pricing the Vendor can offer the State. Any modifications, qualifications, counteroffers, deviations, or challenges will be rejected and may render a Bid non-responsive. The Department may reject any Vendor’s Price Sheet that includes inconsistencies, inaccuracies, or is incomplete.

Bids must be firm prices and inclusive of all packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

The Department is exempt from paying federal excise taxes and sales tax on direct purchases of commodities or services.

If a Price Sheet includes inconsistencies, inaccuracies, or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail.

The items or services sought in this ITB will be considered deliverables in the Contract.

If the completed and correct version of the Price Sheet is not included in a Vendor’s Bid, the Bid will be deemed non-responsive.

5.4.3 Contact Information and Scrutinized Company Certification The Vendor must certify it is not listed on the Scrutinized Companies that Boycott Israel List, created under Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the Contract exceeds $1,000,000.00 in total, not including renewal years, the Vendor must certify that they are not listed on either 1) the Scrutinized Companies with Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created under Section 215.473, F.S., and they are not engaged in business operations in Cuba or Syria, as stated in Section 287.135(2)(b)2, F.S.

Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Vendor agrees the Department may immediately terminate the Contract for cause if the Vendor is found to have submitted a false certification or if the Vendor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the Contract.

Any company that submits a Bid must certify that the company is not participating in a boycott of Israel.

Vendors shall accomplish this certification(s) by completing and returning Attachment II, Vendor’s Contact Information and Certification. If Attachment II is not included in the Vendor’s Bid, it will be deemed non-responsive.

5.4.4 Bid Contents

All documents produced or provided as part of any Bid or this ITB process shall become and remain the exclusive property of the Department and may not be removed by the Vendor or its agents. The Department has the exclusive right to use any or all ideas, adaptations of ideas, or content presented in any Bid. Selection or rejection of a Bid shall not affect this right.

5.4.5 Bid Withdrawal

After submission, a Vendor may withdraw its Bid by submitting a written request to the Procurement Officer. A Vendor’s request to withdraw their bid must originate from the email of their duly authorized representative or be signed by their duly authorized representative.

The Department must receive such requests within 72 hours of the Public Bid Opening Date indicated in the Timeline.

If multiple Bids are received from the same Vendor, and the Vendor has not withdrawn one

(1) of its Bids, then the Department will only evaluate the Vendor’s Bid received last.

All other Bids shall remain valid for 180 days from the Bid Deadline.

5.5 Other Vendor Requirements

5.5.1 State Licensing Requirement

All entities defined under Chapters 607, 617 or 620, F.S., seeking to do business with the Department must be on file and in good standing with the Florida Department of State at the time of Bid submission

5.5.2 MFMP Registration

All Contractors doing business with the State as defined in Section 287.012, F.S., must register in the MFMP Vendor Information Portal (VIP) system unless exempted under Rule

60A-1.033, Florida Administrative Code (F.A.C.). State agencies shall not agree to purchase commodities or contractual services with any Vendor not registered in MFMP unless exempted by rule. A Vendor not currently registered in MFMP shall do so within five

(5) days of the ITB award. Vendors may complete their MFMP registrations at:

http://vendor.myfloridamarketplace.com. Vendors needing assistance regarding their MFMP registration may contact the MFMP Customer Service Desk at 1-866-352-3776 or vendorhelp@myfloridamarketplace.com.

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), Florida Statues (F.S.). All payments issued by Agencies to registered Vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, Florida Administrative Code (F.A.C.), or as may otherwise be established by law.