ITB 22-23-55 Final.pdf

FLORIDA DEPARTMENT OF REVENUE

INVITATION TO BID

CONTRACTUAL SERVICES – Acknowledgement Form

Page 1 of 40 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:

7-7-2023

SOLICITATION TITLE: SOLICITATION NO:

DOR GTA Miami Service Center Moving Services ITB 22/23-55

BIDS WILL BE OPENED:

7/25/23 @ 3:00 PM and may not be withdrawn within 180 days after such date and time.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

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Background

2.2 Statement of Purpose

2.3 Calendar of Events

2.4 Contract Term

SECTION 3 – SCOPE OF WORK

3.1 Scope General

3.2 Security

3.3 Insurance

3.4 Computers and Peripherals

3.5 Change Orders

3.6 Contractor Project Manager

3.7 Experience and References

3.8 Site Visit

3.9 Site Preparation and Damage to Site or Property

3.10 Boxes, Plastic Containers, Adhesive Labels and Box Sealing Tape

3.11 Contractor Equipment

3.12 Site Maintenance

3.14 Packing/Unpacking

3.15 Move Schedules

3.16 Unspecified/Unknown Tasks

3.17 Disassembly and Reassembly of Furniture

3.18 Invoicing

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

ATTACHMENT 1 – COST INFORMATION SHEET

ATTACHMENT 2 - VENDOR REPRESENTATIVE AND ALTERNATE

ATTACHMENT 3 - REFERENCES

ATTACHMENT 4 – DRUG FREE WORKPLACE PROGRAM CRITERIA

EXHIBIT 1 – SUBMITTAL CHECKLIST

EXHIBIT 2 – REQUIRED PUR FORMS

EXHIBIT 3 ASSET LIST

EXHIBIT 4 Lessor Insurance Requirements ……………………………………………………………………..39

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/Direct 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

The Florida Department of Revenue, General Tax Administration Program currently has offices located at 8175 Northwest 12th St., Miami Florida. The office currently has 123 Full Time Employees and 47 vacant positions. We currently occupy space on three floors as follows:

1st floor suite 119 2nd floor suite 200 4th floor suites 417, 418, 425

We will be moving to an office located at 3750 NW 87th Ave, Doral. We will occupy two floors at the location as follows:

2nd floor suite 200 3rd floor suite 300

2.2 Statement of Purpose

To secure competitive bids from vendors who are qualified to provide the services described herein. Award will be to a single bidder offering the lowest price and meeting the terms and conditions of the ITB.

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

07/7/2023 11:00 a.m. Release of ITB on the Vendor Information Portal.

07/13/2023 10:00 a.m. Site visit. Note that there is a site visit at both locations (Bring a copy of the bid document to this meeting)

07/14/2023 03:00 p.m. Last day for written questions and inquiries.

07/19/2023 04:00 p.m. Anticipated date that written responses to written questions/ inquiries will be posted

07/25/2023 03:00 p.m. Bid opening.

08/1/2023 03:00 p.m. Anticipated date of posting of recommended award on Vendor Information Portal.

08/7/2023 03:00 p.m. Anticipated date for issuance of purchase order.

2.4 Contract Term

The term of the contract shall be from the date of issuance of the Purchase Order until August 31, 2023. Although the move is scheduled to end August 31, 2023, the ITB allows for unspecified tasks which are within the general scope of work but not anticipated under the contract.

Rates for such work are established on the Cost Information Sheet in the ITB Attachment 1.

Section 3 – Scope of Work

3.1 Scope General

The Department of Revenue (Department or DOR) requires moving services to relocate approximately 170 positions (123 filled and 47 vacant) and identified furniture, equipment and files from offices located at 8175 Northwest 12th St., Miami Florida to its new building located at 3750 NW 87th Ave, Doral Florida.

The Contractor selected for this bid must be capable of successfully accomplishing pre-planning for the move and executing a well-coordinated, efficient and cost-effective move, on schedule and within budget. Please note that the Property Manager at the Doral move to location will require a 72-hour advance notification before the start date of the move. The contact information for the Property Manager is as follows:

LOIS DOERING

PROPERTY MANAGER

8750 NW 36th Street, Suite 620

Doral, FL 33178 Office: 305.592.3258 Cell: 786.514.7177 Cell: 305.799.3287 ldoering@banyanstreet.com

The Contractor will be required to provide all management, supervision, supplies, labor, tools, and equipment and shall plan, schedule, coordinate, and ensure effective completion of the relocation of office furniture, shelving, equipment, materials, supplies, etc., at the fixed cost proposed in the bid response.

DOR will not purchase boxes, tape, packing materials or labels or other general consumables at an additional cost in addition to the fixed rate. The move must be accomplished with a minimum of lost productivity.

The move will consist primarily of disassembled computers and related equipment, minimal furniture, chairs, conference room tables, full vertical file cabinets, empty lateral file cabinets and boxes.

Most file cabinets and shelving units will not be moved however their contents will be packed and relocated to the new buildings.

The estimated quantities of items to be moved are listed in Exhibit 3. This does not include records, documents, books and misc. items that are packed by employees in the boxes or bins provided by the Contractor.

3.2 Security

Boxes and filing cabinets moved will contain sensitive and confidential documents. Special care must be taken with the Department’s computers as they contain confidential information. DOR personnel must observe the handling of these containers at all times except after loaded and secured on moving trucks. Loaded moving trucks must travel nonstop to their DOR destination and be immediately unloaded.

Contractor staff is strictly prohibited from opening and /or viewing documents in any moving container or file cabinet.

The Contractor shall be responsible for safeguarding confidential data in their possession against loss and theft in connection with the performance of work under this contract. The Contractor may be responsible for any monetary remedy for lost or damaged files.

3.3 Insurance

INSURANCE WORKERS’ COMPENSATION: The Contractor shall take out and maintain during the life of this agreement, Workers’ Compensation Insurance for all of his employees connected with the work of this project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workers’ Compensation statute, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance, satisfactory to the purchaser, for the protection of his employees not otherwise protected.

INSURANCE CONTRACTOR’S PUBLIC LIABILITY AND PROPERTY DAMAGE: The contractor shall take out and maintain during the life of this agreement COMPREHENSIVE GENERAL LIABILITY AND COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this agreement whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be the minimum limits as follows:

CONTRACTOR’S COMPREHENSIVE GENERAL $1,000,000.00

LIABILITY COVERAGES, BODILY INJURY Each Occurrence & PROPERTY DAMAGE Combined Single Limit

AUTOMOBILE LIABILITY $1,000,000.00

COVERAGES, BODILY INJURY Each Occurrence & PROPERTY DAMAGE Combined Single Limit

Insuring clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an

OCCURRENCE BASIS.

BROAD FORM PROPERTY DAMAGE COVERAGE COMPLETED OPERATIONS: The Contractor’s Liability Coverage shall include Broad Form Property Damage Coverage and Completed Operations.

CONTRACTUAL LIABILITY WORK CONTRACTS: The Contractor’s Liability Policy shall include Contractual Liability Coverage designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this Contract.

INSURANCE, LOSS DEDUCTIBLE CLAUSE: The Department shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the contractor providing such insurance.

COPY OF INSURANCE CERTIFICATE: The contractor will furnish the Department an insurance certificate, which will evidence that all of the appropriate coverages are in full force and effect upon award.

CONTRACTOR’S FULL POLICY LIMITS: Regardless of the minimum insurance requirements herein, the Contractor shall agree to commit the Contractor's full policy limits and these minimum requirements shall not restrict the Independent Contractor's liability or coverage limit obligations.

Please note that the Lessor at the Doral location requires insurance coverage above and beyond what the Department requires.

These requirements are provided in Exhibit 4. A representative of the Lessor will attend the mandatory site visit. Potential bidders are encouraged to ask questions to the Lessor’s representative regarding their requirements.

3.4 Computers and Peripherals

Computers and other electronic equipment require careful handling. The vendor shall use extreme caution in their transportation. All computer equipment shall be transported in a manner that provides protection from damage, moisture, dust, and shock related movement.

The computer and electronic equipment include but are not limited to, computers, monitors, printers, fax machines, etc.

The contractor shall provide and utilize packing insulation and containers of sizes and strength suitable to provide for all equipment to be containerized for the move and provide for reasonable protection against damage. A properly constructed electronics cart may be substituted for individual cartons. Items in carts shall be secured. DOR will be responsible for disconnecting and reconnecting computers and all electronic equipment, including office machines.

3.5 Change Orders

A Purchase Order will be issued for the entire move. The Contractor Project Manager shall not enact changes to the move plan as described in the Invitation to Bid without obtaining express approval from the DOR Procurement Officer. Approval for changes that add cost shall be documented in writing and attached to the Change Order. Any additional costs shall be at or below the hourly costs identified in the contract for Unspecified Tasks. See Attachment 1 – Cost Information.

3.6 Contractor Project Manager

The contractor shall assign, in writing, a Project Manager for this move. The Project Manager may designate one alternate who reports to him/her but shall remain responsible for the overall move. The contractor’s Project Manager shall provide consultation and address questions on the packing and the moving process. The Project Manager shall be the main contact for

DOR, be on-site during the actual move and available at all times by cell phone during the move, and will ensure the move is conducted and completed in accordance with the specifications, plans and timelines. It will be the contractor’s Project Manager’s responsibility, in coordination with the Department’s Service Center Manager designee, to assure that boxes or plastic containers are circulated in such a way that there is no interruption to the move flow. The Department may require additional boxes/plastic containers at any time during the move if, in its judgment, there are too few boxes/plastic containers in circulation to allow a minimum of one working day for packing on each floor. The Contractor’s Project Manager shall visit the move site one workday before it is scheduled for moving to ensure proper preparations have been made.

3.6.1 Contractor Personnel

All contractor employees shall be clearly identified as such by wearing shirts and/or hats, name tags, etc. that may be easily seen. The contractor’s personnel shall be allowed only in areas where work is being performed. The use of the Department’s phones, copiers, and other equipment is prohibited. Contractor employees shall always work under direct supervision. The supervisor shall have a thorough knowledge of the move and shall properly direct employees with their assigned tasks to ensure the move is accomplished in an efficient and effective manner. All contractor personnel must be escorted by Department staff.

3.7 Experience and References

Respondents to this solicitation shall attest by submission of three (3) references that they are firms or corporations regularly engaged in the business of office relocation services and that they have been in business a minimum of five years prior to the date of the bid submittal.

Respondents shall have established a satisfactory record for handling similar moves. The Department seeks references from jobs of a similar size and scope. The Department will determine, at its sole discretion, if responses to references support the respondent's claim of ability to meet bid requirements. The Department may require additional references at its discretion. Unsatisfactory references may result in rejection of the bid. Bidders shall use Attachment 2 to submit references.

3.8 Site Visit

Mandatory Site Visit with Vendor Sign in Sheet, Vendor named on Sign-in Sheet must be named on the bid. Wednesday, July 13 , 2023 at 10:00 AM. The contacts for this site visit are as follows:

Jerry Moshood

(305) 470-5544

JERRY.MOSHOOD@FLORIDAREVENUE.COM

or

Anicia Roundtree

(305) 470-5748

ANICIA.ROUNDTREE@FLORIDAREVENUE.COM

The site visit will begin at the location we are moving from, then proceed to the location we are moving to. Be aware that the new location may be under renovations and therefore the interior areas may not accurately reflect the final buildout. Floorplans will be available for viewing.

Prior to performing any moving services, the contractor shall verify and review all applicable site conditions, especially the loading dock height, where present, freight elevator location(s) and load limits, overhead door clearances, code compliance requirements, and any other pertinent conditions or information to ensure the safe moving of items. Prior to execution of the move, the Contractor shall ensure that proper quantities of building protection materials are ordered, delivered, and installed to protect against site damage. Any site deficiencies shall be brought to the immediate attention of the Service Center Manager or designee.

The verbal responses will be shared with all participants. However, information received during the site visit is not a part of the formal bid document and not binding unless documented in a written response or in the form of an addendum to the ITB. All questions may be submitted in writing as described in section 2.3 Calendar of Events. The Department’s written response to questions is binding.

3.9 Site Preparation and Damage to Site or Property

It shall be the Contractor’s responsibility to document any existing damage prior to the move and provide such documentation to the Department Service Center Manager or designee. The Contractor shall be responsible for taking proper and effective care to protect the condition of the entire premises in which moves are being made. All areas of the premises moving to and from shall be protected, including but not limited to elevators, carpeting, walls, doors, windows, flooring, corners, exterior walk ways, etc. The contractor shall not exceed the recommended load limits for the elevators. Masonite (plywood, particle board, etc.) must be used to protect the floors of the corridors, lobby and other common areas.

Any damage to the floor tiles or underlying support structure and carpet shall be repaired or replaced at the Contractor’s expense. Any damage that occurs to the furniture, equipment, or building being vacated, or building being occupied, that is caused by the mover, will be reported to the Contractor by the Department within five (5) working days of discovery for up to fifteen (15) days after the completion of the move. The mover will have ten (10) working days to present its written response to the claimed damages. Contractors are expected to make note of any pre-existing damages to furniture or equipment during the site visit and prior to the move and report such findings to the Department Service Center Manager or designee. The Contractor shall replace or make necessary repairs to the damaged furniture, equipment, or building. The Contractor shall be responsible for repairs to buildings, coordinating repairs with the Department. The Department reserves the right to make immediate repairs to correct damage to equipment which loss would have a detrimental effect on the Department’s operation. Costs of any repairs made by the Department for damages to the building, furniture, or equipment caused by negligence of the mover shall be deducted from the invoice submitted for payment or be reimbursed by the contractor. Delays caused by the Contractor will result in financial consequences being assessed as deemed appropriate by the Department.

3.9.1 Lost Property

Lost property will be reported in writing by DOR to the moving Contractor within five (5) work days after the completion of the move. The mover will be responsible for investigating the loss and reporting results of the investigation to the Service Center Manager or designee within five (5) calendar days of the report of loss. The mover shall replace any lost property.

3.10 Boxes, Plastic Containers, Adhesive Labels and Box Sealing Tape

It is the Contractor’s responsibility to determine the quantity of boxes, plastic containers (crates), tape, packing material and labels (in multiple colors) required to organize and implement the move in a manner that will ensure the move is completed without interruption and in accordance with the specifications and timelines set forth in this bid. Planning for and transportation of boxes/plastic containers circulated during the move shall be the responsibility of the Contractor. Plastic boxes may be used in lieu of cardboard moving boxes.

The cost for cardboard boxes or plastic boxes, adhesive labels and box sealing tape (for cardboard boxes) shall be included in the bid price (Attachment 1 – Cost Information). The Department may require additional boxes/plastic containers at any time during the move if, in its judgment, there are too few boxes/plastic containers in circulation to allow a minimum of one working day for packing on each floor.

Additional quantities of adhesive labels and box sealing tape (for cardboard boxes) may be ordered at the Department’s discretion, at no added cost.

3.11 Contractor Equipment

All contractor equipment shall be secured at the end of each work period. The Department will not be held responsible for any damage, vandalism or theft of the Contractor’s supplies and equipment.

3.12 Site Maintenance

The contractor shall be responsible for keeping the site orderly, clean, and safe at all times. Debris generated by the Contractor including but not limited to cartons, trash, etcetera from the move must be removed daily from the property and lawfully disposed of by the contractor, at its expense and in containers provided by the Contractor.

3.14 Packing/Unpacking

Prospective bidders will be shown a variety of rooms in which packing and unpacking of cabinets and drawers, books, and documents may be desired. Bidders will be given an opportunity to view the contents of these rooms and asked to include pricing for packing and unpacking.

The filing cabinets are already packed. Department staff will unpack them upon arrival. All the cabinets and the related file boxes are already labeled.

3.15 Move Schedules

If changes in the move schedule are required by the Department, a minimum of three (3) working days’ notice will be given to the contractor.

3.16 Unspecified/Unknown Tasks

During the course of the contract resulting from this ITB, the Contractor may be requested to perform additional work (unspecified tasks).

That work will be within the general scope of the contract. When unspecified tasks are required, the Service Center Manager or designee will provide the Contractor a description of the work required and request the Contractor to submit a firm time schedule for accomplishing the work and a firm price for the work based upon pricing provided for such a contingency on the Attachment 1 – Cost Information. Such pricing shall not be calculated as a part of the ITB award and DOR may elect to take other quotes at its discretion.

3.17 Disassembly and Reassembly of Furniture

Disassembly and reassembly of furniture or other items, if required, will be discussed during the site visit and will be included in the bid price.

3.18 Invoicing

An invoice may be submitted on the day following the last moving day in August, 2023. Invoice(s) shall include sufficient detail to allow proper auditing and verification.

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:

Paula Richardson Purchasing Analyst 2450 Shumard Oak Blvd.

Tallahassee, Florida 32399-0100

(850) 717-7305 Paula.Richardson1@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.

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 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.d.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 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:

http://dms.myflorida.com/other_programs/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.

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 # 22/23-55. 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 (Exhibit 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- # 22/23-55.”

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 Representative 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 (12), 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…