ITB 22-23-37 Final.pdf

FLORIDA DEPARTMENT OF REVENUE

INVITATION TO BID

CONTRACTUAL SERVICES – Acknowledgement Form

Page 1 of 70 pages SUBMIT BID TO:

Florida Department of Revenue Procurement Office Building 2, Suite 1600 2450 Shumard Oak Boulevard

Tallahassee, Florida 32399-0109

AGENCY RELEASE DATE:

4/11/2023

SOLICITATION TITLE: SOLICITATION NO:

Painting Orlando CSP Service Center ITB 22/23-37

BIDS WILL BE OPENED:

5/2/2023 @ 3:00 PM and may not be withdrawn within 90 days after such date and time.

VENDOR NAME:

VENDOR MAILING ADDRESS:

CITY – STATE – ZIP:

*AUTHORIZED SIGNATURE (MANUAL)

PHONE NUMBER:

FREE NUMBER:

FAX NUMBER: *AUTHORIZED SIGNATURE (TYPED), TITLE

EMAIL ADDRESS:

FEID NO.: *This individual must have the authority to bind the respondent.

TYPE OF BUSINESS ENTITY (Corporation, LLC, partnership, etc.):

I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the Bidder is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements. In submitting a bid to an agency for the State of Florida, the Bidder offers and agrees that if the Bid is accepted, the Bidder will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Bidder.

RESPONDENT CONTACTS: Please provide the name, title, address, telephone number and e-mail address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

TABLE OF CONTENTS

CONTRACTUAL SERVICES – Acknowledgement Form 1

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Background

2.2 Statement of Purpose

2.3 Calendar of Events

2.4 Contract

SECTION 3 – SCOPE OF WORK

3.1 Work to be Performed

3.2 Service Location and Times

3.3 Paint Specifications

3.4 Staffing Requirement

3.5 Deliverables

3.6 Performance Measures

3.7 Method of Payment

3.8 Special Provisions

3.10 Warranty

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Procurement Officer/Contact Person

4.2 Procurement Rules

4.3 Posting of Recommended Award

SECTION 5 – BID FORMAT AND CONTENTS

5.1 Responsiveness Requirements

5.2 Preferences

5.3 Addendum Acknowledgment Form

5.4 Americans with Disabilities Act

5.5 Redacted Copy

SECTION 6 – AWARD OF CONTRACT

6.1 Responsiveness Review

6.2 Exclusionary Lists Check / Verification

6.3 Licensing / Registration Requirements

6.4 Price Determination

6.5 Reference Checks

6.6 Identical Tie Bids Procedure

6.7 Final Determination

SECTION 7 – CONTRACT TERMS AND SPECIAL CONDITIONS

7.1 Contract

7.2 PUR Forms

7.3 Contract Management

7.4 Disputes

7.5 Vendor’s Expenses

7.6 Employment of Department Personnel

7.7 Force Majeure

7.8 Severability

7.9 Financial Consequences

7.10 Commercial General Liability Insurance

EXHIBIT 1 – SUBMITTAL CHECKLIST

EXHIBIT 2 – SAMPLE CONTRACT

EXHIBIT 3 – REQUIRED PUR FORMS

ATTACHMENT 1 – COST INFORMATION SHEET

NOTE: SECTIONS I AND II MUST BE COMPLETED BY THE VENDOR TO BE CONSIDERED FOR AWARD

ATTACHMENT 2 - VENDOR REPRESENTATIVE AND ALTERNATE

ATTACHMENT 3 - REFERENCES

ATTACHMENT 4 – DRUG FREE WORKPLACE PROGRAM CRITERIA

SECTION 1 – Definitions

The following terms used in this Invitation to Bid (ITB) have the following meanings unless the context otherwise clearly requires a different construction and interpretation:

1.1 Breach of Contract: The condition of the relationship between the Department and the Contractor which exists when the

Contractor fails to perform under the terms and conditions of the Contract which may result from this ITB.

1.2 Contract: The agreement which may result from this ITB between the winning Bidder and the Department.

1.3 Contractor: The organization or individual providing goods and/or services to the Department in accordance with the terms of the Contract which results from this ITB.

1.4 Department: The State of Florida, Department of Revenue referred to in this ITB document as “the Department”.

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

1.6 Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the bidder to be responsive to this ITB. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be further reviewed.

1.7 Material Deviations: The Department has established certain requirements with respect to bids to be submitted by bidders.

The use of shall, must or will (except to indicate simple futurity) in this ITB indicates a requirement or condition from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with this ITB’s requirements, provides an advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department or otherwise adversely impact the Department’s interest. Material deviations cannot be waived.

1.8 Minor Irregularity: A variation from the ITB terms and conditions which does not affect the price of the bid or give the bidder an advantage or benefit not enjoyed by the other bidders or does not adversely impact the interests of the Department.

1.9 P-Card: Refers to the State of Florida’s purchasing card program, using the Visa platform.

1.10 Purchase Order: The contract document issued by the Department to the Vendor to procure goods and services.

1.11 Vendor, Offeror and Bidder: A legally qualified corporation, partnership, sole proprietor, or other entity submitting a bid to the

Department pursuant to this ITB.

1.12 Winning or Successful Bidder: The business or entity submitting the lowest responsive bid, meeting all requirements of the

Department’s ITB.

SECTION 2 – Introduction

2.1 Background

This ITB is for interior painting services at the Florida Department of Revenue, Child Support Program Service Center in Orlando, Florida. Due to the scope of the project, a formal solicitation is required to select a vendor or vendors with whom to establish a contract to supply the needed service.

2.2 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure competitive bids from qualified vendors who are able to provide the needed services specified herein to enable the Department to perform its daily operations.

The Department wishes to enter into a contract with a vendor or vendors who can provide all the needed services.

2.3 Calendar of Events

Listed below are the important actions and dates/times by which the actions must be taken or completed. If the Department finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are local time in Tallahassee, Florida.

Date Time Action April 11,2023 5:00 PM Release of ITB April 19,2023 5:00 PM Mandatory Site Visit April 24, 2023 5:00 PM Last day/time for written questions and inquiries April 28, 2023 5:00 PM Anticipated date that written responses to written questions/ inquiries will be posted on the Vendor Information Portal.

May 2, 2023 3:00 PM Bids due, Bid opening May 9, 2023 5:00 PM Anticipated date of posting of recommended award on Vendor Information Portal May 15, 2023 5:00 PM Anticipated date for issuance of Purchase Order or execution of a contract

2.4.1 Contract

This purchase shall be accomplished through issuance of a Purchase Order or execution of a contract.

2.5 Contract Term

The term of the services shall be from the date of contract signing or issuance of a Purchase Order, until the June 30, 2023, or upon job completion inspection and approval whichever comes first.

Section 3 – Scope of Work

3.1 Work to be Performed

Contractor will prep and paint all interior rooms at the Florida Department of Revenue, Child Support Service Center South Tower Suite 6th Floor 14044 Sq Ft, Suite 5th Floor 9024 Sq Ft, Suite 1st Floor 5389 Sq Ft for a total of 28457 Sq Ft located at 400 W Robinson Street Orlando, Florida 32801 throughout the contract term. This project will consist of the entire area being painted in three separate phases. A mandatory site visit is required prior to the vendor submitting a bid. The bid shall include separate line items for commodities (paint, glue etc.) and services (the actual labor).

Task List: Contractor will perform the following tasks:

1) Repair all drywall/wall damage. Fill and sand nail holes, complete construction repairs to unsightly bulges in walls, adhesives removal, sand and prime for painting. This will include all walls in main areas and offices.

2) Remove all furniture and wall fixtures for painting access and replace all furniture and wall fixtures after painting is complete.

3) Prep and paint two coats on all walls in hallways, closets, and offices in each Suite. Cover office doorways with plastic as permissible and needed when painting inside office areas.

4) Paint all door trim to doorways.

5) Paint all window casings.

6) Contractor will complete all tasks within 5 weeks from Order start date.

3.2 Service Location and Times:

Location: Florida Department of Revenue Child Support Program 400 W Robinson Street Orlando, Florida 32801.

Changes in Location: Any changes to Contractor’s storage location must not interrupt order fulfillments.

Service Times: Services under this Contract must be provided Monday through Sunday from 8:00 a.m. to 8:00 p.m. Depending upon staff availability, eastern standard time, excluding state holidays.

Mandatory Site Visit with Vendor Sign in Sheet, Vendor named on Sign-in Sheet must be named on the bid.

Wednesday, April 19, 2023, EST. Nancy Wendt, Nancy.Wendt@floridarevenue.com for Contact. Phone: (321) 752-3251

3.3 Paint Specifications

Contractor should use Sherwin Williams Acrylic Latex Relaxed Khaki SW 6149 (eggshell finish) paint for walls and Sherwin Williams Super Paint Interior Acrylic Latex Dark Clove SW9183 for the trim (eggshell finish) with low VOC qualities. Low VOC paint, stain and poly coat.

3.4 Staffing Requirement:

Staffing Level: Contractor must maintain an adequate administrative organizational structure and support staff sufficient to complete the deliverables under this contract. All staff must complete the background check through the Department of Management Services prior to beginning work. (See Attached DMS Form)

3.5 Deliverables:

Contractor must complete the deliverables in the Task list in Section 3.1 in the time and manner specified.

3.6 Performance Measures

Painting shall be done in a professional manner in accordance with industry standards. Painted surfaces shall be uniform in appearance, color, texture, hiding and sheen. They should also be free of foreign material, lumps, skins, runs, sags, misses, or insufficient coverage. Other surface areas shall be free of drips, spatters, spills or overspray caused by the painting contractor’s workforce.

3.7 Method of Payment:

This is a Fixed Price contract. The Department will pay the Contractor upon the completion of the work in the manner as specified for labor and materials as indicated on the Cost Information Sheet.

Contractor must submit a properly completed invoice to the Department’s Contract Manager within 10 days of completing work as specified and to the customer’s satisfaction.

3.8 Special Provisions:

Contractor will be liable for all damages to furniture and/or flooring due to negligence, accidents, spillage, or breakage.

Damaged property must be repaired or replaced during the project at no cost to the Department.

Contractor will provide all necessary tools, equipment, supplies and materials to complete the painting services.

Contractor shall ensure that its employees, are clean, neat, and appropriately attired with an appropriate uniform that identifies the Contractor by name. Contractor shall ensure that all employees wear and display an ID tag while on the premises of the Florida Department of Revenue, Child Support Program Service Center.

Contractor employees shall not use controlled substances, unless prescribed, nor illegal substances, and shall not use alcohol on the Department’s premises or arrive for work under the influence of drugs or alcohol. Contractor shall take all measures necessary to comply and to ensure its employees comply with the security rules and regulations of the County and all Federal, State and local rules, laws and regulations.

3.10 Warranty

A minimum of a one-year warranty from completion date against defective material and workmanship. Warranty includes no peeling or flaking of paint from any walls or door areas that were painted by the Contractor. Replacement of all defective areas found within the warranty period shall be made without cost to the Department. This warranty shall not cover repair, labor or material replacement required because of Department negligence or misuse. Warranty documentation is required with Bid submittal.

SECTION 4 – Procurement Rules and Information NOTE: In accordance with Section 60A-1.002 (7), Florida Administrative Code, the Department of Management Service’s form PUR 1001 must be included in all solicitations. The PUR 1001 is similar to the requirements of this section (Section 4) of this ITB. In the event of any conflict between this section (Section 4) of the solicitation, and the PUR 1001 form, the provisions of this section SHALL prevail.

4.1 Procurement Officer/Contact Person

Questions related to this procurement should be addressed to:

Shelly Hyde, Procurement Officer Building 2, Suite 1600 2450 Shumard Oak Blvd.

Tallahassee, FL 32399-0100 Telephone number: 850-717-6951 E mail address: Shelly.Hyde@floridarevenue.com

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of this 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 named above. Violation of this provision may be grounds for rejecting a response.

4.2 Procurement Rules

4.2.1 Submission of Bids

Each bid shall be prepared simply and economically, following the instructions contained herein.

4.2.2 Bid Opening

The bid opening will be held at the time and date specified in the “Calendar of Events” (Section 2.3) in the Purchasing Office, 2450 Shumard Oak Boulevard, Building 2, Suite 1600, Tallahassee, Florida. Bids are to be submitted in a sealed envelope with the bid number and opening date and time identified on the outside.

The name of all bidders submitting bids shall be made available to interested parties upon written request to the contact person listed in Section 4.1. Any person with a qualified disability shall not be denied equal access and effective communication regarding any bid/proposal documents or the attendance at any related meeting or bid/proposal opening.

It is recommended that all bids be hand delivered or sent via certified mail or overnight courier to ensure timely delivery. Since the CCOC is a secured facility, if you are hand delivering your bid, please allow for sufficient time to gain access into the building.

4.2.3 Costs of Preparing Bid

The Department is not liable for any costs incurred by a bidder in responding to this ITB, including those for oral presentations, if applicable.

4.2.4 Disposition of Bids and Public Records Requests

All bids become the property of the State of Florida and will be a matter of public record subject to the provisions of Chapter 119, Florida Statutes. The State of Florida shall have the right to use all ideas, or adaptations of those ideas, contained in any bid received in response to this ITB. Selection or rejection of the bid will not affect this right.

4.2.5 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department, signed by the bidder within seventy-two (72) hours after the bid due date indicated in the Calendar of Events.

Any submitted bid shall remain a valid bid for twelve (12) months after the bid submission date.

4.2.6 Rejection of Bids

The Department reserves the right to reject any or all bids failing to meet mandatory responsiveness requirements or containing material deviations.

mailto:Shelly.Hyde@floridarevenue.com mailto:Shelly.Hyde@floridarevenue.com

4.2.6.1 Mandatory Responsiveness Requirements

Mandatory responsiveness requirements are terms, conditions or requirements that must be met by the bidder to be responsive to this Invitation to Bid. Failure to meet these mandatory requirements will cause rejection of a bid.

4.2.6.2 Material Deviations

The Department has established certain requirements with respect to bids to be submitted by bidders.

The use of shall, must, or will (except to indicate simple futurity) in this Invitation to Bid indicates a requirement or condition from which a material deviation may not be waived by the Department. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this Invitation to Bid requirements, provides an advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department or otherwise adversely impact the Department’s interest. Material deviations cannot be waived and shall be the basis for rejection of a bid.

4.2.6.3 Minor Irregularities

A minor irregularity is a variation from the ITB terms and conditions which does not affect the price of the bid or give the bidder an advantage or benefit not enjoyed by the other bidders or does not adversely impact the interests of the Department.

4.2.7 Bid Questions and Inquiries

To the extent that there are any varying conditions, this section supersedes DMS PUR 1001 -General Instructions to Respondents.

Questions will only be accepted if submitted in writing and received on or before the date and time specified in the Calendar of Events (Section 4.2). Responses will be made in writing and posted on the Vendor Information Portal, on or about the anticipated date referenced in the Calendar of Events.

The bidder shall examine this ITB to determine if the Department’s requirements are clearly stated. If there are any requirements which restrict competition, the bidder may request, in writing, to the Department, that the specifications be changed. The bidder who requests changes to the Department’s specifications must identify and describe the bidder’s difficulty in meeting the Department’s specifications, must provide detailed justification for a change, and must specify recommend changes to the specifications. Requests for changes to this ITB must be received by the Department no later than the date shown for written inquiries in the “Calendar of Events” in Section 4.2. A bidder’s failure to request changes by the date described above shall be considered to constitute bidder’s acceptance of Department’s specifications. The Department shall determine what changes to this ITB shall be acceptable to the Department. If required, the Department shall issue an addendum reflecting the acceptable changes to this ITB, which shall be posted on the Vendor Information Portal in order that all bidders be given the opportunity of bidding for the same specifications.

Any inquiries from bidders concerning this ITB shall be submitted in writing, identifying the submitter, to the individual identified in Section 4.1 of this ITB and must be received no later than the date and time specified in Section 4.2 of the Calendar of Events. (E-mail inquiries are preferred with the bidder following up by mailing or faxing a hard copy.) It is the responsibility of the bidder to confirm receipt of e-mailed and faxed inquiries.

Failure to file a protest of the bid specifications within the time prescribed in Section 120.57(3), Florida Statutes, 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, Florida Statutes.

A formal written protest must be accompanied by a bond payable to the Department in the amount of 1 percent of the Department’s estimate of the total value of the proposed contract. The form of the bond shall be a bond, cashier’s check, or money order.

4.2.8 Addenda

Addenda and clarification to this ITB along with an Addendum Acknowledgment Form will be posted on the Vendor Information Portal. The Addendum Acknowledgment Form, that is included with each posting, shall be signed by an authorized company representative, dated, and returned with the bid, as specified in Section 5, Bid Format and Contents.

4.2.9 Changes

No substitutions, variations or changes to contract terms, conditions or specifications will be permitted or acknowledged unless approved, in writing, by the Purchasing Office for the Department of Revenue. The Department prohibits modification of a bid after bids are opened. Therefore, any changes or variations to the original contract terms, conditions or specifications must have the prior written approval of the Purchasing Office.

4.2.10 Cost Discussions

Any discussion by the bidder with any employee or authorized representative of the Department involving cost information, occurring prior to bid opening or notice of recommended award, or notice of rejection of all bids, will result in rejection of said bidder’s bid.’

4.2.11 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Department employee. Only those communications that are in writing from the Department’s staff identified in Section 4.1 of this ITB shall be considered a duly authorized expression on behalf of the Department. Only communications from the Contractor’s representative, which are in writing and signed, will be recognized by the Department as duly authorized expressions on behalf of the Contractor.

4.2.12 No Prior Involvement and Conflicts of Interest

The Contractor shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the Department for any act or service that he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the Contractor. No officer, agent, or employee of the Department shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department or the State of Florida.

The Contractor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this Contract.

4.2.13 Licensing/Registration Requirements

4.2.13.1 State Licensing Requirements

All entities defined under Chapters 607, 608, 617, 620, 621 or 622, Florida Statutes, seeking to do business with the Department shall be properly licensed and in good standing with the Florida Department of State and all applicable regulatory agencies.

4.2.13.2 MyFloridaMarketPlace Registration

Vendors must have completed registration with the Florida Department of Management Services (DMS) State Purchasing, prior to contract signing.

Vendors may register online at: https://vendor.myfloridamarketplace.com/

For additional information, see PUR 1000, Section 15.

4.2.14 Public Entity Crimes

A person or affiliate who has been placed on the Convicted Contractor List following a conviction for a public entity crime may not submit a bid or proposal to provide any goods or services to a public entity, may not submit a bid or proposal to a public entity for the construction or repair of a public building or public work, may not submit bids or proposals for leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the Convicted Contractor List.

4.2.15 Discriminatory Vendor List

An entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid or contract to provide goods or services to a public entity, may not submit a bid or contract with a public entity for the construction or repair of a public building or public work, may not submit bids or contracts on leases of real property to a public https://vendor.myfloridamarketplace.com/ entity, may not perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity and may not transact business with any public entity.

4.2.16 Unauthorized Employment of Alien Workers

The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract.

4.2.17 Office of Supplier Diversity

The Florida Legislature, in an effort to encourage the growth of small and minority businesses, recommends that the prime Contractor utilize minority sub-contractors in performance of State contracts whenever possible.

The Office of Supplier Diversity has standing to protest, pursuant to s. 287.09451 F.S., in a timely manner, any proposed contract award in competitive bidding for contractual services and construction contracts that fails to include minority business enterprise participation, if any responding Contractor has demonstrated the ability to achieve any level of participation, or any contract award for commodities where, a reasonable and economical opportunity to reserve a contract Statewide or district level, for minority participation was not executed or, any agency failed to adopt preference for minority participation. Any low Contractor with no participation may be deemed not in “good faith.”

A list of qualified minority Contractors is available at http://osd.dms.state.fl.us.

4.2.18 Diversity

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.

The state is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the state is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the state’s procurement process as both Contractors and sub- contractors in this solicitation. Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation.

The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd .

Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE contractors (agents or subcontractors) as a result of any award shall be provided to the Agency Purchasing Office by the Prime Contractor on an Agency by Agency (or other eligible user) level.

4.3 Posting of Recommended Award

The recommended award is anticipated to be posted on the Vendor Information Portal and at the Department of Revenue’s Purchasing Office located in Tallahassee, Florida, on or about the date shown in the “Calendar of Events” (Section 4.2) and will remain posted for a period of seventy-two (72) hours (three business days).

4.3.1 Any bidder who desires to protest the recommended award must file the following documents with the Agency Clerk in the Department’s Office of General Counsel, Building One, Suite 2400, 2450 Shumard Oak Boulevard, Tallahassee, Florida 32399-0109, and provide copies to the Contact Person listed in Section 4.1 of this ITB:

4.3.1.1 A written notice of intent to protest within seventy-two (72) hours (3 business days) after posting of the recommended award.

http://osd.dms.state.fl.us/ https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

4.3.1.2 A formal written protest by petition within ten (10) calendar days after the date on which the notice of protest is filed.

4.4.1.3 A protest bond (see Section 4.4.3) within ten (10) calendar days after the date on which the notice of protest is filed.

4.3.2 Failure to file a protest within the time prescribed in Chapter 120.57(3), Florida Statutes 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, Florida Statutes.

4.3.3 A formal written protest must be accompanied by a bond payable to the Department in the amount of 1 percent (1%) of the Department’s estimate of the total value of the proposed contract. The form of the protest bond shall be a bond, cashier’s check or money order.

4.3.4 The Department shall not be obligated to pay for information obtained from or through any bidder prior to entering into a contract with the winning bidder.

SECTION 5 – Bid Format and Contents This section contains instructions that describe the required format for the submitted bid. The bidder shall supply one (1) original, signed bid, which shall include all required documents, in a sealed envelope, clearly marked “Bid – ITB # 22/23-37.”

There is no intent to limit the content of the response. Additional information deemed appropriate by the bidder may be included.

However, cluttering the bid with irrelevant material makes the review more difficult. The following paragraphs contain instructions that describe the required format for bid responses. A Submittal Checklist (Attachment 1) has been provided to assist vendors in preparing their bid response.

5.1 Responsiveness Requirements

The following terms, conditions, or requirements must be met by the bidder to be responsive to this ITB. Failure to meet these responsiveness requirements may cause rejection of a bid.

5.1.1 It is mandatory that the bidder supply one (1) original, signed and sealed bid. The envelope shall be sealed and clearly marked “Bid – ITB # 22/23-37.”

5.1.2 It is mandatory that the bidder complete the “FDOR Bidder Acknowledgment Form in its entirety, sign, and returned as part of this bid or your bid may be rejected. Also, by affixing your signature to the FDOR Bidder Acknowledgment Form you hereby state that you have read all bid terms, conditions, and specifications and agree to all the terms, conditions, specifications, and provisions. Furthermore, you are attesting that your company is currently licensed to do business within the State of Florida or will become licensed if required by State or Federal law, for the services or commodities you will provide the Department under this bid. The signer of the document must be a person authorized to bind the firm.

5.1.3 It is mandatory that the bidder list their bid prices on the Cost Information Sheet(s) furnished (Attachment 1). Bidders are to quote NET BID PRICES. All cash discounts allowed for prompt payment of bills should be incorporated into net bid prices. By submitting a bid under this ITB, each Bidder warrants its agreement to the prices submitted. Any qualifications, counter-offers or deviations, shall render the bid non-responsive.

5.1.4 It is mandatory that the bidder complete and submit the Vendor Information Form (Attachment 2).

5.1.5 It is mandatory that the bidder complete and submit the Current References Form (Attachment 3).

5.2 Preferences

The following sub-sections describe statutorily mandated preferences given to bidders meeting certain criteria. If a bidder qualifies for and wishes to take advantage of any preference, the must submit the required documentation for consideration.

5.2.1 Commodities manufactured, grown, or produced in state

Per Section 287.082, FS, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this state shall be given preference. To be eligible for this preference, bidders must provide a statement on their company letterhead attesting to the fact that the specified products will be manufactured, grown, or produced within this state.

5.2.2 Certain Foreign Manufacturers

Per Section 287.092, FS, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured. To be eligible for this preference, bidders must provide a statement on their company letterhead attesting to the fact that they have a factory in the State of Florida employing over 200 employees working in the state.

5.2.3 Drug-free Workplace Programs

Per Section 287.087, FS, whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall attest that their program meets all the criteria set forth in Attachment 4. To be eligible for this preference, bidders must sign and submit Attachment 4.

5.2.4 Certified Minority Business Enterprise

Per Section 287.057 (5), FS, if two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise. To be eligible for this preference, bidders must submit a copy of their certification issued by the Florida Department of Management Services Office of Supplier Diversity.

5.2.5 Florida Service-Disabled Veteran Preference

Per Section 295.187 (4), FS, when considering two or more bids, proposals, or replies for the procurement of commodities or contractual services, at least one of which is from a certified service-disabled veteran business enterprise, that are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified service-disabled veteran business enterprise. To be eligible for this preference, bidders must submit a copy of their certification issued by the Florida Department of Management Services Office of Supplier Diversity.

5.3 Addendum Acknowledgment Form

If an addendum to this bid is issued, the addendum will be posted on the Vendor Information Portal (VIP). The Bidder shall complete and insert the Addendum Acknowledgment Form(s) into their bid response. It is the vendors’ responsibility to monitor the VIP for any solicitation updates.

5.4 Americans with Disabilities Act

Any vendor or contractor submitting a bid or proposal to the Department for providing commodities or contractual services may not exclude any person(s) from participating in; deny any person(s) the proceeds or benefits of; not otherwise subject any person(s) or subcontractors to any form of discrimination based on grounds of race, creed, color, national origin, age, sex, or disability. Any vendor or contractor which is providing commodities or contractual services, or possible subcontractor, must comply with the pertinent portion of the Americans with Disabilities Act of 1990, Public Law 101-336.

5.5 Redacted Copy

The Department takes its public records responsibilities as provided under chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, Bidder must also simultaneously provide the Department with a separate redacted copy of its bid and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the Bidder on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to the Department at the same time Bidder submits its bid to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. The Bidder shall be responsible for defending its determination that the redacted portions of its bid are confidential, trade secret or otherwise not subject to disclosure. Further, Bidder shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Respondent’s determination that the redacted portions of its bid are confidential, proprietary, trade secret or otherwise not subject to disclosure. If Bidder fails to submit a Redacted Copy with its bid, the Department is authorized to produce the entire documents, data or records submitted by Bidder in answer to a public records request for these records.

Copyrighted material will be accepted as part of the bid only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff, agents and public record requests. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes

SECTION 6 – Award of Contract

The Department will award the Contract to the bidder having the lowest cost and has been determined to be both responsive and responsible.

6.1 Responsiveness Review

To be deemed as a responsive bid, the document must be received by the Department on or before the date specified in the Procurement schedule (Section 4.2). The bidder shall supply one (1) original, signed bid, which shall include all required documents, in a sealed envelope, clearly marked “Bid – ITB # 22/23-37.” Required (mandatory) documents that must be submitted with the bid response are as follows:

• The FDOR Bidder Acknowledgment Form

• Attachment __ – Cost Information Sheet

• Attachment __ – Vendor Information Form

• Attachment __ – Current References Form

All forms must be completed in their entirety, and if required, must be signed. The signer of the document must be a person authorized to bind the firm. Bids received after the date and time indicated in the Procurement Schedule will be returned unopened. Bids submitted without all the required documents, or with documents that are incomplete or not signed, will be rejected and not further evaluated.

6.2 Exclusionary Lists Check / Verification

Following the responsiveness review, the Department will check various lists to determine if the bidder has been excluded from participating in the public bidding and/or contracting process. The lists to be used for this stage of bid evaluation are as follows:

• Convicted Vendor List pursuant to Section 287.133(3)(d), Florida Statutes.

• Suspended Vendor List pursuant to Section 287.1351 (2) (a), Florida Statutes.

• Discriminatory Vendor List pursuant to Section 287.134 (2) (a), Florida Statutes.

• Federal Excluded Parties List pursuant to sections 287.057(1), (2) and (3), F.S., Should a bidder’s name appear on any of these exclusionary lists, their bid will be rejected and not further evaluated.

6.3 Licensing / Registration Requirements

Following the Exclusionary Lists Check / Verification, the Department will check to see if the bidder has registered to do business in Florida. The two registration requirements are as follows:

• State Licensing Requirements

All entities defined under Chapters 607, 608, 617, 620, 621 or 622, Florida Statutes, seeking to do business with the Department shall be properly licensed and in good standing with the Florida Department of State and all applicable regulatory agencies.

• MyFloridaMarketPlace Registration

Vendors must have completed registration with the Florida Department of Management Services (DMS) State Purchasing, prior to contract signing.

Vendors may register online at: https://vendor.myfloridamarketplace.com/ For additional information, see PUR 1000, Section 15.

Failure to be either licensed with the Florida Department of State or registered with the Florida Department of Management Services at the time of submitting a bid will not result in the rejection of a bid, however, to be awarded a contract, a bidder must be licensed and registered to do business with the state. To avoid delays in the contracting process, bidders are encouraged to become licensed and register prior to submission of a bid.

Vendors must also possess the appropriate business or occupational license to conduct business at the specified location.

6.4 Price Determination

To determine the apparent low bidder, the Department will perform any weighted cost calculation on the bottom portion of the Cost Information Sheet using the unit costs for each of the specified or selected items. Any bids determined to be non-responsive per Section 6.1 above will not be further evaluated even if it is determined that it is the apparent low bid.

https://vendor.myfloridamarketplace.com/

Furthermore, the Department will not further evaluate a bid that has been submitted by a vendor whose name appears on any of the exclusionary lists as provided in Section 6.2 above.

Any Cost Information Sheet(s) that is/are incomplete or in which there are significant inconsistencies or inaccuracies may be rejected by the Department. No deviations, qualifications, or counteroffers will be accepted. The Department reserves the right to reject any and all bids. All calculations will be reviewed and verified. The Department may correct mathematical errors;

however, in the event of any miscalculation, unit prices shall prevail.

6.5 Reference Checks

If any of the bidder’s references indicate poor contract performance, the Department may, at its discretion, reject the bidder’s bid even if it determines that a responsive bid in full compliance with the bid specifications and conditions was submitted.

6.6 Identical Tie Bids Procedure

The procedure for awarding a contract when there is an identical tie bids situation is set forth in Rule 60A-1.011, FAC. This rule also sets forth the order of preference (from highest to lowest priority) when considering the various preferences as listed above in subsections 5.2.1 through 5.2.5. This order of preference is as follows:

1. Commodities manufactured, grown, or produced in state - Section 287.082, FS

2. Certain Foreign Manufacturers - Section 287.092, FS

3. Drug-free Workplace Programs Section - 287.087, FS

4. Certified Minority Business Enterprise Section - 287.057 (5), FS

If the order of award process outlined above fails to resolve the identical evaluations, the agency shall award the contract to the respondent whose response is deemed by the agency to be in the best interests of the State, considering factors such as prior performance on state contracts or other governmental contracts.

If an identical tie bids situation still exists after the process outlined above, preference will be given to vendors who are a certified service-disabled veteran business enterprise.

6.7 Final Determination

In the event that the identical tie bids procedure outlined in Section 6.6 fails to resolve the identical evaluations, the agency shall determine the award by a means of random selection (e.g., a coin toss or drawing of numbers) at a public meeting.

SECTION 7 – Contract Terms and Special Conditions

This section contains contract terms and special conditions that shall be included in any contract which may result from this ITB. By submitting a bid in response to this ITB, the bidder is deemed to have accepted these terms and conditions in their entirety.

7.1 Contract

7.1.1 The Department may enter into a contract or contracts resulting from this ITB. The contract document(s) shall be first in the order of precedence. If there is a conflict in language, the Department’s contract will govern.

7.1.2 This ITB will be incorporated by reference into and thereby become a part of the contract(s) that mat result from this ITB.

7.1.3 A bidder’s bid in response to this ITB shall be considered as the bidder’s formal offer and will be incorporated by reference into and thereby become a part of the contract that may result from this ITB.

7.2 PUR Forms

In accordance with Section 60A-1.002 (7), F.AC., the Department of Management Services’ form PUR 1000, “General Contract Conditions” must be included in all solicitations.

In accordance with Section 60A-1.002 (7), F.AC., the Department of Management Services’ form PUR 1001, “General Instructions to Respondents” must be included in all solicitations.

7.3 Contract Management

7.3.1 Department of Revenue Contract Manager:

The individual named below is designated as the Department Contract Manager for this contract and will receive for the Department all services and invoices called for in this contract and will represent the Department in the technical phases of work. However, in no event shall any understanding, agreement, contract modification, or other matter in deviation from the terms, conditions, and specifications of this contract between the vendor and a person other than the Executive Director or designee be effective or binding upon the Department unless approved in writing by the Executive Director or designee. The Department shall notify the vendor in the event there is any change of Contract Manager.

NAME: Nancy Wendt TITLE: Contract Manager

PHONE: (989) 277-8444 E-MAIL: Nancy.Wendt@floridarevenue.com

7.3.2 Department of Revenue Procurement Officer:

The individual named below is designated as the Department of Revenue Procurement Officer for this contract. No understanding, agreement, contract modification, or other matter in deviation from the terms, conditions, and specifications of this contract between the vendor and the Department shall be effective or binding unless approved in writing by the Department’s Executive Director or designee. The Department shall notify the vendor should there be a change of the Procurement Officer.

NAME: Shelly Hyde TITLE: Procurement Officer

PHONE: (850)-717-6951 E-MAIL: Shelly.Hyde@floridarevenue.com

Mailing Address (USPS): Overnight Delivery Address:

Florida Department of Revenue Florida Department of Revenue P.O. Box 10669 Atten: Shelly Hyde Tallahassee, FL 32302 Building Two, Suite 1600

2450 Shumard Oak Boulevard, Tallahassee, FL 32399-0109

7.4 Disputes

Any dispute concerning performance of this Contract shall be resolved informally by the Contract Manager. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department’s Procurement Officer identified section

4.1 who shall decide the dispute, reduce the decision to writing, and deliver a copy to the Vendor and the Contract Manager.

7.5 Vendor’s Expenses

The successful bidder shall pay for all licenses, permits, and inspection fees or similar charges required for this Contract, and shall comply with all laws, ordinances, regulations, and any other requirements applicable to the work to be performed under this Contract.

7.6 Employment of Department Personnel

The Contractor shall not knowingly engage, employ or utilize, on a full-time, part-time, or other basis during the period of this Contract, any current or former employee of the Department where such employment conflicts with Section 112.3185, Florida Statutes.

7.7 Force Majeure

Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under any Contract that may result as a result of this ITB, or interruption of performance resulting…