ITB 22 23 58 TEM_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB DAI 22 23 58

Title: Transmission Electron Microscope

Channcen Bell, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

Failure to file a protest 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. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

BID NUMBER: ITB DAI 22 23 58

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for the outright purchase, delivery and installation of a Transmission Electron Microscope (TEM) with high contrast configuration and with ideal image quality, including a three-lens image forming system.

This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Purchase Order are conducted pursuant to 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors interested in submitting a bid must comply with all terms and conditions described in this solicitation.

It is the intent of the Department to make a single award or to make no award, as determined to be in the best interest of the state.

1.2 Timeline of Events

The table below contains the Time of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the responsibility of the Bidder to check for any changes on the Vendor Information Portal (VIP).

EVENT DATE/TIME (ET) LOCATION

Release of ITB January 06, 2023 Vendor Information Portal

Last day for written Inquiries to be received by the Department

January 18, 2023

Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries

January 20, 2023

Vendor Information Portal

Sealed Bids Due

January 30, 2023;

5:00PM

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Bids

January 31, 2023;

2:00PM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Anticipated Posting of Recommended Award

February 08, 2023

Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal as the single resource for all ITB, Public Notice information in accordance with 28-102.001, F.A.C.

https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids

1.3 Public Opening

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

1.5 Mandatory Requirements

The FDACS has established certain requirements with respect to bids to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions 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 substantial accord with the ITB requirements, provides an advantage to one respondent over other respondents, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. 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 Conflicts and Order(s) of Precedence

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

1) Addenda, in reverse order of issuance

2) ITB, including attachments

3) PUR 1000, General Contract Conditions

4) PUR 1001, General Instructions to Respondents

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Specifications

General: This invitation to bid is for (1) 120KV Transmission electron microscope (TEM) with high contrast pole piece and high contrast configuration and with ideal image quality, including a three-lens image forming system.

Please see attached Appendix I for additional specifications.

https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

2.2 Estimated Quantities

Intended quantities are estimates only and are to be used as a guideline. The Department reserves the right to add or reduce any item; therefore, the Department assigned purchase order shall be the official determination for final quantities.

2.3 Delivery Instructions

Delivery of all items shall be to the:

Department of Agriculture and Consumer Services.

Division of Animal Industry Bronson Animal Disease Diagnostic Laboratory 2700 N. John Young Parkway Kissimmee Florida, 34741

Delivery and installation must be no later than 14 months upon receipt of Purchase Order. Any deviation of this requirement must be reported to the contract manager immediately. Price for delivery and installation of any and all items as specified herein, shall be included in the FIRM FIXED UNIT PRICE of each. The Department shall not pay separate delivery fee(s) associated with the delivery of any item listed this Bid.

SECTION 3.0 INVITATION TO BID PROCESS

3.1 Advertisement

This ITB is hereby advertised on the State of Florida VIP To find the ITB or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001 are incorporated in this ITB by reference and available at:

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_ to_Respondents.pdf. There is no need to return this document with the bid response.

Any terms and conditions set forth within this FDACS ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Bidder Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all matters pertaining to this solicitation from the date of the release of the solicitation, until the FDACS Notice of Agency Decision is published on the VIP.

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, as indicated in the Timeline of Events. Oral inquiries, or those submitted after the period specified in the Timeline, will may be acknowledged.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/search/bids.

The Procurement Officer for this ITB is:

Channcen Bell, Procurement Officer Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@FDACS.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE BID NUMBER IN

THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intent to award (72-hour period excludes Saturdays, Sundays and state holidays), bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(23), Florida Statutes.

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the bidding period, information will be posted on the VIP (https://vendor.myfloridamarketplace.com/search/bids as a written addenda. Any addenda issued in relation to this solicitation shall thereby become part of the final bid specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal (https://vendor.myfloridamarketplace.com/). Interested persons lacking internet access may request assistance from the MFMP Customer Service at

(866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 41111711 - Electron microscopes

• 41111721 – Transmission electron microscopes

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all bidders that conduct business with the state to electronically submit a Substitute W-9 Form to https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist bidders with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a purchase order or contract. This may be completed by the bidder post-award and is not something which FDACS will consider in determining the responsiveness of a bid.

3.7 Cost of Bid Preparation

Neither the Department, nor the state of Florida, is liable for any costs incurred by a bidder in response to this ITB.

3.8 Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays and promotional material are discouraged. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that bidders follow the format and instructions.

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered to the location indicated in the Timeline. Electronic (email/fax) submission of bids will not be accepted for the ITB.

2) All bids must be submitted in a sealed envelope/package with the relevant ITB number clearly marked on the outside of the envelope/package.

3) It is the bidder’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline.

4) Late bids will not be accepted.

Bids may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, vendors are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE BY the designated date and time listed. Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

3.9 Bidder Acknowledgement

By submission of a signature on the FDACS Acknowledgment Form, the Bidder certifies that they comply with all terms and conditions contained herein. The Bid must contain the original signature of an authorized representative who can legally bind the Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must include Attachment A, FDACS Acknowledgement Form with their Bid response.

3.10 Price Sheet

The bidder shall complete, sign, date and return Attachment B, Price Sheet.

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

https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

No remuneration is available to the Bidder beyond the Bid price for all specifications and considerations in response to this ITB, as outlined herein. Bidders will be strictly held to the prices of their Bid. The contents of this ITB and vendor Bid submission will become a contractual obligation upon execution of the purchase order or contract.

Quantities referred to are estimated quantities. If the Price Sheet stipulates a unit price, the Department reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities. The FDACS shall not be responsible for Vendor inventory or order commitment.

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

3.11 Vendor Generated Terms and Conditions

The FDACS objects to and shall not consider any different or additional terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response. In submitting a response, a Bidder agrees that any additional or different terms or conditions, whether submitted by Bidder intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a Bid. Bidder’s failure to agree to comply with FDACS’ terms and conditions, including those specifying information that must be submitted with a Bid, shall be grounds for rejecting a Bid.

The purchase or contract issued by the FDACS as a result of this ITB shall incorporate all terms and conditions identified herein. No oral agreements or representations shall be valid or binding upon FDACS or the Bidder unless expressly contained herein or by a written addendum submitted by FDACS to this ITB.

3.12 Public Records

Any and all documents submitted in response to this ITB shall be considered public record pursuant to Chapter 119, Florida Statutes.

3.13 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the bidder or its agents or returned. Selection or rejection of a bid shall not affect this right.

3.14 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline.

Bid responses received late (after bid due date and time) will not be accepted, nor considered, and modification by the bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed, or identified.

3.15 Administrative Review

Each Vendor shall submit a Bid that meets all material requirements of this ITB. Material requirements are those without which adequate analysis and comparison of Bids is impossible or those that affect the competitiveness of the Bid. Bids that do not meet all requirements, specifications, terms and conditions of this solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive.

The Department may request, and Bidder shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

IF FDACS DETERMINES, IN ITS SOLE DISCRETION, THAT THE CONDITIONS OF THE BID

DOCUMENTS ARE NOT COMPLIED WITH, OR THAT THE PRODUCT PROPOSED TO BE

FURNISHED DOES NOT MEET THE SPECIFIED REQUIREMENTS, THE BID MAY BE

REJECTED AS NON-RESPONSIVE.

3.16 The Florida Based Business Preference

When commodities are to be procured using state funds, pursuant to Section 287.084, Florida Statutes, the lowest responsible and responsive bidder whose principal place of business is located within the state of Florida is entitled to a preference over the lowest responsible and responsive bid submitted by a bidder whose principal place of business is located outside of this state. The preference will be determined as follows:

1) If the lowest bid is submitted by a bidder whose principal place of business is located outside of the state of Florida, and that state or political subdivision grants a preference to vendors whose principal place business is with that state or political subdivision, the preference given to the lowest bidder whose principal place of business is within the state of Florida shall be equal to that granted in the other state or political subdivision.

2) If the lowest bid is submitted by a bidder whose principal place of business is located outside the state of Florida, and that state does not grant a preference to bidders having a principal of business in that state, the preference granted to the lowest responsible and responsive bidder having a principal place of business within the state of Florida shall be five percent (5%).

3) A vendor whose principal place of business is outside of the state of Florida must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.

Failure to submit this letter will result in disqualification of the bid.

3.17 Basis of Award

An award shall be made to the responsive and responsible bidder with the lowest Total Price, as specified in Attachment B, Price Sheet for all specifications and considerations in response to this ITB. An award from this Bid does not constitute an official purchase order or contract, agreement or commitment on behalf of the state.

In the event the bidder with the lowest Total Price is found non-responsive, the Department may proceed to the next responsive bidder with the lowest Total Price and continue the award process.

The Department reserves the right to award, or not award, contract(s) based on the availability of funds.

3.18 Less Than Two Responsive Offers

In the event that FDACS receives less than two (2) responsive bids, proposals, or replies for commodity or contractual services purchases, the Department reserves the right to negotiate the best terms and conditions with the single Responsive Vendor pursuant to 287.057 (6) F.S.

3.19 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the bidder and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 days from the bid submission date.

3.20 No Prior Involvement and Conflict of Interest

Section 287.057(17)(c), Florida Statutes, provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a bidder who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the bidder. Officers, agents or employees of the Department shall not 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.

The bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

3.21 Scrutinized Companies and Prohibited Business Activities

Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, Florida Statutes, requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies; with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or 3) engaging in business operations in Cuba or Syria.

In order for your bid to be considered responsive, Attachment C, Certification Regarding Scrutinized Companies Form, must be completed and included in your bid package.

The of Scrutinized Companies is available at:

https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx. The

Department may immediately terminate any contract, as a result of this bid, for cause if the contractor is found to have submitted a false certification.

3.22 Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds Tie Bids

Any person submitting a response to this bid MUST execute the enclosed form FDACS-01522, Attachment D, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her bid or proposal. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.23 Identical Tie Bids

When evaluating Bidder responses to solicitations where there is identical pricing or scoring from two or more Bidders, the Department shall determine the order of award in accordance with Sections 287.057 (12), 287.082, 287.087, 287.092 and 295.187(4), Florida Statutes.

1) CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), Florida Statutes, if two equal bids are received and one bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their bid response to receive this preference.

2) COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE GIVEN

PREFERENCE

Pursuant to Section 287.082, Florida Statutes, 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. Bidders must provide proof in their bid response to receive this preference.

3) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, 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. To be considered for the drug-free workplace program preference, bidders may provide Attachment E, Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program. Submission is required.

4) PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to 287.092, Florida Statutes, 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. Bidders must provide proof in their bid response to receive this preference.

5) FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

Pursuant to Section 295.187(4), Florida Statutes, a state agency, 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 veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise.

Proof of certification pursuant to Section 295.187(5), Florida Statutes, shall accompany the bid. Failure to submit proof of certification will result in non-application of the preference.

3.24 Disqualification of Bidders

More than one bid from an individual, firm, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a bidder is interested in more than one bid for the same work will cause the rejection of all bids in which such bidders are believed to be interested.

If there is reason to believe that collusion exists among the bidders, any or all bids will be rejected. No participants in such collusion will be considered in future bids for the same work.

Falsifications of any entry made on the bidder's offer will be deemed a material irregularity and will be grounds for rejection.

3.25 Rejection of Bids

The Department reserves the right to reject any and all bids when such rejection is determined to be in the best interest of the Department. The Department further reserves the right to reject the bid of a vendor who the Department determines is not in a position to perform the contract.

3.26 Protest Procedures

Pursuant to Section 120.57(3), Florida Statutes, a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made delivered to The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. Failure to file a protest 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.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Purchase Order Terms and Conditions

It is the intent of the FDACS to issue a purchase order for the desired product and/or services as specified in this ITB. The FDACS purchase order terms and conditions shall be incorporated into the final a purchase order and in the case of conflict between the department purchase order terms and conditions and any vendor generated terms and conditions, the FDACS purchase order terms and conditions shall prevail: FDACS-01341 Terms and Conditions.

4.2 Additional Quantities

The Department reserves the right to and may purchase additional quantities of the items listed https://forms.fdacs.gov/01341.pdf herein. Orders shall be made by Department purchase order and shall be made within fourteen

(14) months of award of this bid. The bidder shall hold firm their price during this period.

Additional quantities ordered shall be subject to the same terms, conditions and pricing of the initial bid response.

4.3 Warranty and Substitutions

A warranty is required on all items purchased against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria as specified herein.

Any deviation from this criterion must be documented in the bid response or the above statement shall prevail.

Price quoted shall include a warranty of one full year commencing at the completion of the installation. During the warranty period, vendor shall assume responsibility for any and all defects in materials, workmanship and performance. Vendor shall make two preventive maintenance inspections per year of the equipment for cleaning and adjustment of all instrument components as necessary. Emergency service shall be provided as needed on an unlimited basis at no additional cost.

At the expiration of the warranty period, the service must be available on a continuing basis through an annual contract agreement.

No other brand/model will be accepted by the Department under the terms and conditions of this bid. Bids for equipment other than the manufacturer listed herein (Appendix I) shall be rejected as non-responsive.

4.4 Damaged Commodities

The commodities shall be to the Department satisfaction and are subject to the Department’s approval. The bidder bears all risk of loss or damage to the commodities until the Department has accepted delivery of the commodities. The Department shall be entitled to return, at the Bidder’s expense, any commodities which the Department deems to be unsatisfactory.

4.5 Public Entity Crimes

A person or affiliate, who has been placed on the convicted vendor list following a conviction for a public entity crime; may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two, for a period of 36 months from the date of being placed on the convicted vendor list.

4.6 Discrimination Statement

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

4.7 Antitrust Statement

A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

4.8 Employment of Unauthorized Aliens

Pursuant to Executive Order 96-236, effective October 1, 1996, the following standard provision shall apply to any contract awarded as a result of this Invitation to Bid (ITB):

The employment of unauthorized aliens by any contractor is considered a violation of section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. The awarded vendor avers that it is registered in the E-Verify system and further agrees to comply with the provisions of Section 448.095(2), Florida Statutes.

4.9 National Defense Authorization Act

By submission of this bid response, the Bidder hereby represents and warrants that it shall comply with the Federal Acquisition Regulation 52.204-25, prohibition on contracting for certain telecommunications and video surveillance services or equipment pursuant to the National Defense Authorization Act. Failure to comply or if the Bidder knowingly provides funds to any entity prohibited from receiving a contract or award pursuant to the Federal Acquisition Regulation 52.204-25, shall be cause for unilateral cancellation of the Department’s purchase order or contract. Subcontractors shall be verified through the General Services Administration (GSA) Federal Excluded Parties List: https://sam.gov/SAM/.

4.10 Cooperation with the Inspector General

Pursuant to Section 20.055(5), Florida Statutes, the contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review or hearing.

4.11 Vendor Ombudsman

Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services.

The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.

If a payment is made within 40 days, a separate interest rate shall apply in accordance with Section 55.03 Florida Statutes (F.S).

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

4.12 Payment and Invoicing

Payment will be made upon delivery and/or satisfactory completion, by state government warrant.

Invoices must be submitted in sufficient detail, to allow for a proper pre-audit and post-audit thereof, to the contract manager. Partial payments may be made upon satisfactory delivery of items and receipt of invoices. Payment will be made based on the bid price and successfully delivered items. Payment shall be made in accordance with Section 215.422, F.S.

Invoices shall be submitted as outlined in the resulting purchase order or contract.

4.13 Modifications after Purchase Order or Contract Execution

Any changes in the specifications, delivery, quantity or terms of the executed purchase order or contract must be agreed upon by the Department and the awarded Vendor by written change order or contract amendment.

If the awarded Vendor requests an equitable adjustment in the price(s) or delivery date(s), that affects the cost or time of performance, such equitable adjustments require the express written approval of the Department’s contract manager or designee and a written purchase order or contract amendment.

4.14 Annual Appropriation

The state of Florida’s and the Department’s performances and obligations to pay for services under any contract or purchase order are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement.

APPENDIX I

120KV TRANSMISSION ELECTRON MICROSCOPE SPECIFICATION

A. ILLUMINATION

1 Accelerating voltages - magnification calibrated - shall cover a range from 10 kV to 120 kV inclusive with a stability of 2 ppm/min or less. A single operation (button, knob, or software command) to turn on the high voltage and saturate the filament shall be provided. Operator programming in increments down to at least 33V must be possible, Further, the lens and coils shall track in 0.5 kV increments so that images remain in focus and at the same magnification when the accelerating voltage is changed between 10 kV and 120 kV.

2. Wehnelt cap shall be conical in shape with provision to adjust filament height (i.e., recess from the aperture of Wehnelt cap) to optimize emission and provide maximum coherence of electrons. The same Wehnelt assembly shall be used for either tungsten or LaB6 filaments.

3. Filament shall be pre-centered cartridge type so that the exchange operation consists only of setting the cartridge to the Wehnelt. A long life, high brightness LaB6 filament shall be supplied as the standard electron source and must be interchangeable with tungsten filaments without modification to the instrument or the use of any additional hardware.

4. Single software selection or button operation shall be provided for venting and lifting the gun chamber for filament exchange. A pneumatic gun lift, incorporating an automatic electrical grounding system, should be capable of raising any portion of the column down to, and including, the specimen chamber.

5. The condenser lens system shall consist of 2 elements: a dual condenser lens system with provision for 3 elements if a double gap first condenser is employed to reduce the probe size for STEM applications. Spot zoom illumination shall be provided to limit beam spot shift to 0.5um or less when changing spot size, and to ensure negligible beam astigmatism.

6. A simple one-touch beam formation system shall be included. Beam size to be variable in at least five steps from the TEM imaging mode.

7. A fully balanced two-stage deflection system must be provided. It shall be possible to balance this system for any given specimen plane so that the beam does not tilt when shifted during off-axis high resolution imaging, nor shift when tilted during focused probe dark field imaging.

8. Dark field tilt must be provided allowing tilt to at least 4 mrad in both X and Y directions. It shall be possible to store, in memory for later recall, up to five dark field conditions.

9. Condenser lens aperture assembly shall utilize metal bellows and swing away mechanism to clear the aperture out of the beam path. Three or more condenser apertures will be provided.

10. The STEM configuration shall require minimal re-alignment when switching between STEM and TEM modes.

B. SPECIMEN STAGE

1. A five-axis motorized eucentric side entry goniometer stage, with full computer control, to be supplied. All five axes are motorized and encoded to allow full software control of stage functions.

Goniometer stage shall be of cantilever design, ensuring tension-free support of specimen while minimizing drift and vibration. The end of the specimen holder rod shall be designed to allow the use of a variety of inexpensive, quick-loading, optimized sample stages (high tilt, quick change, EDX low background…). Stage drift shall be less than 0.6 nm/min achievable in no more than 5 minutes after specimen movement. Specimen reproducibility shall be better than +/- l μm. Deviation from perfect eucentricity shall be adjustable to <1 µm or better.

2. A quick-change specimen holder base shall be provided to accommodate multiple tips for special applications, such as tomography.

3. Tilt must be motor driven with variable speed control linked to magnification. Specimen translation shall be a minimum of 2mm on X and Y axes; Z axis motion must be sufficient to enable proper adjustment for eucentric tilt.

4. Stage translation/tilt shall be by trackball, GUI, or pushbuttons providing stage motion in any desired direction. There must be no rotation of the image when magnification is changed over the entire range of magnification thus eliminating any ambiguity in the direction of observed stage travel relative to the stage controller.

5. Stage coordinates shall be saved/loaded to the control computer. The coordinates shall be recallable for later stage repositioning.

6. A double tilt specimen holder should be optionally available. For the second axis of tilt (aximuth), tilt of at least 30 degrees shall be possible. This axis should be computer controlled and encoded and the degree of second tilt should be able to be recorded by the computer for later recall. If a rotation holder is preferred, the readout will be in degrees from a predetermined reference position.

7. Specimen rods shall have two separated O-rings so that the specimen can be pre-pumped, then pumped to high vacuum by the column main vacuum system (turbo molecular pump or diffusion pump) prior to insertion into the microscope column.

8. The specimen rod must have a double o-ring to prevent vacuum leaks through the goniometer.

When inserted, the volume between these o-rings is continuously pumped, creating an excellent differentially pumped airlock system. If prepumped for 3 minutes or more and if the cryo trap is filled prior to specimen insertion, the microscope vacuum will recover to its original value in the 10-5 Pascal range within 15 seconds of specimen insertion.

9. The goniometer shall have piezoelectric elements optionally available that are incorporated into the stage drives, that can be used for precision sub Å positioning at high magnifications.

10. A quick-change specimen holder must be standard requiring only a tweezer to exchange samples. A unique side-entry specimen holder design, the specimen rod accommodates multiple tips for special applications such as tomography and preserving calibration grids

11. A four-position specimen holder to allow four samples into the microscope with one insertion of the holder shall be optionally available. EDS must be possible with this holder.

C. OBJECTIVE LENS CONFIGURATION

1. A choice of three objective lenses shall be available for the TEM. The design should be of a two-stage objective lens (objective and mini-objective lens) with objective lenses being optimized for high contrast (HC), high resolution (HR) or Scanning Transmission Electron Microscopy (STEM).

Lattice resolution and point resolution, respectively of these pole pieces shall be:

High Contrast/STEM 0.2nm lattice and 0.38 nm P-P High Resolution 0.14 lattice and 0.33 nm P-P.

2. Objective lens aperture assembly must utilize metal bellows and click-stop centering. Three or more objective apertures should be provided. A motorized version shall be available.

3. Objective lens excitation current stability to be no greater than 1ppm/min. at 120kV.

4. At least five memories for objective lens stigmatic controls shall be provided for both normal and low magnification modes. All should be electrically center-able with a coarse adjustment of 16X the fine setting.

5. An image wobbler shall be supplied for focusing and for astigmatism correction at low and medium magnifications. The wobbler should be an X-Y type, driven by a variable rectangular wave to readily locate the exact focus or desired under focus setting. Frequency should be variable in five (5) steps of approximately 1, 2, 4, 8, and l6 Hz; and amplitude should be variable in five (5) steps of approximately 0.3 to 1.5 degrees. An objective lens wobbler shall be provided for current axis alignment and astigmatism correction at high magnifications. A wobbler for high magnification voltage axis alignment must also be provided. An automatic optimum under-focus capability shall be provided. An operator should be able to select at least three degrees of under-focus. The value of each setting should automatically change with the magnification.

6. A fully automatic through focus system shall be incorporated as standard, allowing fully selectable focus increments and direction of change (over to under, under to over). Recording of up to 50 films in a sequence should be possible or unlimited digital images.

D. IMAGE FORMATION

1. A 4-lens image-forming system shall be provided. The image should be free of rotation due to changes in magnification or electron diffraction camera lengths over the entire range of magnification or camera length. Off-axis chromatic aberration should be automatically corrected so that, even when observing a thick specimen, the edge of the image remains sharp throughout the magnification range.

2. A low magnification mode will be available. The low mag mode shall provide the capability to display approximately 14 full-screen low aberration/high contrast images within the range of 10X to 1000X without the need to change specimen position or any column hardware. It shall be possible to switch immediately to a programmable survey magnification of choice, or any position in the high contrast/low mag range, and back again, from any point in the magnification range.

3. Electron diffraction capability will be provided in the following two modes; a) selected area diffraction

(SAD), and b) high dispersion diffraction (HDD).

4. Intermediate lens aperture assembly must utilize metal bellows, click-stop centering, and a swing-away mechanism. An intermediate lens electromagnetic stigmata with centering controls should be included.

5. A moveable beam stop for diffraction work will be included as standard.

6. Radial image distortion shall be less than 1.5%; spiral distortion should not exceed 1.0%, Reproducibility of magnification should be within 1.0% or better.

7. Electromagnetic image shift will be provided. Image movement in the TEM mode shall be >+- 10 um in X and Y.

8. Astigmatism correction, for condenser and intermediate lenses, should be possible through electrically center able electromagnetic stigmators. The condenser lens stigmatars shall have a coarse adjustment of 16X the fine setting.

9. Wobblers must be provided as follows: a. High tension wobbler for voltage axis alignment; b.

Objective lens wobbler to allow for current center correction; c. Tilt/Shift wobblers for balancing illumination for beam shift and tilt.

10. It shall be possible to rotate the image +/- 90 degrees in increments of 15 degrees or less using the imaging lenses (i.e.. independent of a tilt/rotate holder)through either control knobs on the console or the TEM Center software (IOS). This rotation is possible through the magnification range 2,500X to 30,000X. The TEM Center control software must have a specimen-image decoupling feature, which corrects for the applied image rotation thus maintaining the original image translation upon stage movement using either the trackball.

11. When an image rotation is applied using the IOS, this image will remain rotation-free upon changes in the magnification in the IOS-applicable range of magnifications.

E. CONTROL AND DISPLAY SYSTEM

1. The system will be computer controlled by a Windows 10, 64-bit PC. Multiple user logins for the TEM shall be available through the Windows operating system. Remote computer access should be provided via a TCP/IP interface.

2. The TEM control software must allow for different expertise levels with appropriate lock-outs in the control software. User Levels must span the range from beginner to expert.

3. Using an external computer, the operator should be able to remotely control the operation of the microscope, including magnification changes, alignment, changes in condenser lens settings, operation of any imaging mode, photography, stage movement, and high voltage.

4. A…