ITB 2223 093 2.22.23.pdf

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(PMT-04-2021) OCT 2022

STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES

GENERAL SERVICES

INVITATION TO BID

FSH Transformer

DCF ITB 2223 093

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 Introduction to the Procurement

1.2 Term of the Agreement

1.3 Contact Person and Procurement Officer

1.4 Official Notices

1.5 Protests

SECTION 2. SOLICITATION PROCESS

2.1 General Overview of the Process

2.2 Limitations on Contacting Department Personnel and Others

2.3 Timeline

2.4 Woman--, Veteran--, and Minority-owned Small Businesses Participation

2.5 Written Questions and Department Answers

2.6 Receipt of Bids

2.7 Form PUR 1001

2.8 Department’s Discretion

SECTION 3. SPECIFICATIONS

3.1 Definitions

3.2 Minimum Specifications

3.3 Minimum Financial Specifications

3.4 Composition of the Contract

3.5 Order of Precedence

3.6 Supporting Documentation

SECTION 4. INSTRUCTIONS FOR RESPONDING TO THE ITB

4.1 How to Submit a Bid

4.2 Contents of the Bid

4.3 Public Records and Trade Secrets

SECTION 5. THE SELECTION METHODOLOGY

APPENDIX I: CERTIFICATE OF SIGNATURE AUTHORITY

APPENDIX II: VENDOR’S CERTIFICATIONS

APPENDIX III: QUESTION SUBMITTAL FORMAT

APPENDIX IV: SUBCONTRACTOR LIST

APPENDIX V: BID SHEET

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APPENDIX VI: STANDARD CONTRACT PART 1

APPENDIX VII: STANDARD CONTRACT PART 2 – GENERAL SERVICES

APPENDIX VIII: CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS,

LOANS AND COOPERATIVE AGREEMENTS

APPENDIX IX: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS

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SECTION 1. INTRODUCTION

1.1 Introduction to the Procurement

The Department of Children and Families (Department), General Services, is soliciting bids from qualified Vendors to provide a 5,500 kVA, 60 Hz Liquid-Filled, Medium -Voltage AR-VFI Transformer at Florida State Hospital (FSH/Hospital/Facility) located at 100 North Main Street, Chattahoochee, Florida. Any person interested in participating must comply with the terms of this solicitation.

1.2 Term of the Agreement

The anticipated start date of the resulting contract is April 7, 2023. The anticipated duration of the contract is 365 days. Renewal, if any, shall comply with s. 287.057(13), F.S.

1.3 Contact Person and Procurement Officer

The sole contact point for communication (which will only be accepted in writing) regarding this solicitation is:

Alicia Reifinger Procurement Officer The only permitted means of contact:

By Email:

Alicia.Reifinger@myflfamilies.com, and CC hqw.procurement.team.activities@myflfamilies.com

1.4 Official Notices

All notices, decisions, intended decisions, and other matters relating to this solicitation will be posted on the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) located at:

https://vendor.myfloridamarketplace.com.

It is the responsibility of prospective Vendors to check the VIP for addenda, notices of decisions and other information or clarifications to this solicitation. The Department bears no responsibility for any resulting impacts associated with a prospective Vendor’s failure to obtain the information made available through the VIP. Posting on the VIP is the only official notice for determinations of timeliness of protests (see Section 1.5, Protests).

1.5 Protests

Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Rule Chapter 28-110, Florida Administrative Code (F.A.C.).

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

Notices of Protest must be filed with the Clerk of Agency Proceedings (Agency.Clerk@myflfamilies.com).

SECTION 2. SOLICITATION PROCESS

2.1 General Overview of the Process

mailto:Alicia.Reifinger@myflfamilies.com mailto:hqw.procurement.team.activities@myflfamilies.com mailto:Agency.Clerk@myflfamilies.com

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Bids from responsible and responsive Vendors are eligible for evaluation. By submitting a bid, the Vendor agrees to each of the certifications listed in this solicitation unless otherwise indicated.

If the Department receives less than two (2) responsive responses, the Department may negotiate on the best terms and conditions, pursuant to section 287.057(6), F.S.

The Department may request Vendor presentations.

2.2 Limitations on Contacting Department Personnel and Others

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

2.3 Timeline

Activity Date Time Eastern

Address Section Reference

Solicitation advertised and released on VIP:

2/22/2023 MFMP VIP located at:

https://vendor.myfloridamarketplace.com

1.4

Written questions must be received no later than:

3/14/2023 10:00 AM See Section 1.3 2.5

Anticipated posting of responses to Vendor questions:

3/21/2023 MFMP VIP located at:

Electronic bid must be received by the Department:

3/27/2023 11:00 AM See Section 1.3 2.6

*Bid opening: 3/28/2023 2:00 PM Computer, tablet, or smartphone.

https://meet.goto.com/SolicitationAdminist ration Phone:

United States (Toll Free): 1 866 899 4679 United States: +1 (571) 317-3116 Access Code: 687-621-357

2.6.3

Anticipated posting of intended contract award:

4/03/2023 MFMP VIP located at:

Section 5

Anticipated effective date of contract:

4/07/2023 1:00 PM N/A 1.2

*All meetings noted with an asterisk (*) are public meetings.

2.4 Woman--, Veteran--, and Minority-owned Small Businesses Participation https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://meet.goto.com/SolicitationAdministration https://meet.goto.com/SolicitationAdministration tel:+18668994679,,687621357 tel:+15713173116,,687621357 https://vendor.myfloridamarketplace.com/

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Woman--, Veteran--, and Minority-owned Small Businesses are encouraged to participate in any scheduled conferences, conference calls, or pre-bid meetings. All Vendors shall be accorded fair and equal treatment. For questions about registering to identify your Small Business as a Woman--, Veteran--, or Minority-owned Small Businesses visit:

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

In accordance with Section 287.09451(4)(n)1, Florida Statutes, the Florida Department of Children and Families is encouraged to target certified minority business enterprises (MBEs) for 21 percent of total awarded construction contract dollar value (4% for African-American, 6% for Hispanic- American, and 11% for women-owned). To ensure that maximum distribution is afforded to certified minority business enterprises, the Florida Department of Children and Families encourages certified MBEs to participate in the bidding process, and further encourages Vendors to utilize certified MBEs as subcontractors whenever possible.

All Vendors are encouraged to search Florida's Online Directory of Certified MBEs, at Benefits of Being a Florida Woman-, Veteran-, Minority-owned Business Enterprise / Get Certified / Office of Supplier Diversity (OSD) / Agency Administration / Florida Department of Management Services - DMS (myflorida.com), for construction-related products and services being offered in counties surrounding the jobsite.

2.5 Written Questions and Department Answers

2.5.1 Vendor questions for which binding Department answers are desired may be addressed by contacting the Procurement Officer in Section 1.3. Questions can be provided to the Procurement Officer, up until the end of the time period specified in Section 2.3. Questions should be sent to the Procurement Officer using the template provided in APPENDIX III, Question Submittal Format. Department’s response to questions will occur, as necessary, through an Addendum and publicly posted with the solicitation.

2.5.2 Full sets of Drawings and Specifications may be requested from the Procurement Officer listed in Section 1.3.

2.6 Receipt of Bids

2.6.1 Bid Deadline

Bids must be received electronically via email, by the Procurement Officer no later than the date and time and at the email address provided in Section 2.3. Vendors are exclusively responsible for timely delivery of bids to the Procurement Officer.

2.6.2 Bid Withdrawal and Amendment

Vendors may withdraw, or withdraw and replace, previously submitted sealed bids on or before the date and time specified for sealed bids to be received by the Department.

2.6.3 Binding Bid

Vendors are bound by their bids until the latter of 60 calendar days after the bid opening or the closing of all opportunities for protest or appeal.

2.6.4 Cost of Preparation of Bid

The Department will not pay any costs incurred in responding to this solicitation.

2.7 Form PUR 1001

The standard “General Instructions to Respondents” Form PUR 1001 (10/06) is hereby incorporated into this solicitation by reference as if fully recited herein. In the event of any conflict between Form https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified/benefits_of_being_a_florida_woman_veteran_minority_owned_business_enterprise https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified/benefits_of_being_a_florida_woman_veteran_minority_owned_business_enterprise https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified/benefits_of_being_a_florida_woman_veteran_minority_owned_business_enterprise https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified/benefits_of_being_a_florida_woman_veteran_minority_owned_business_enterprise

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PUR 1001 and this solicitation, the terms of this solicitation shall take precedence over Form PUR 1001, unless the conflicting term is required by Florida law, in which case the term contained in Form PUR 1001 shall take precedence. Form PUR 1001 is available at:

http://www.dms.myflorida.com/media/purchasing/pur_forms/1001_pdf.

2.8 Department’s Discretion

2.8.1 The Department may:

2.8.1.1 Determine whether a Vendor is responsible, as defined in section 287.012, Florida Statutes;

2.8.1.2 Waive minor irregularities when doing so would be in the best interest of the State of Florida;

2.8.1.3 Withdraw the solicitation or reject all bids at any time;

2.8.1.4 Select more than one Vendor for the commodities and contractual services encompassed by this solicitation;

2.8.1.5 Withdraw or amend its Notice of Award;

2.8.1.6 Award contract(s) for a reduced scope of the commodities and contractual services encompassed by this solicitation.

2.9 Basis for Bidding – Trade Names

Brand name(s) and/or catalog number(s) are given for purposes of identification and to denote the standard of quality desired, and do not, in any way, restrict bidders to a specific make and manufacturer. All substitutions must be functionally equivalent to the item specified. Unless otherwise noted, the specifications for the brand specified are the general specifications with no added options or accessories. After the contract is executed, other equipment materials, etc., as manufactured by other manufacturers may be accepted only upon Department approval. The proposed substitution must be equivalent in quality and workmanship and will perform its intended purpose satisfactorily.

2.10 Interpretation and Correction of the Bidding Documents

No interpretation of the meaning of the drawings, specifications, or other solicitation documents and no correction of any apparent ambiguity, inconsistency or error therein will be made to any Vendor orally. Every request for such interpretation or correction shall be in writing and addressed to Procurement Officer, who will facilitate communication. All such interpretations and supplemental instruction will be in the form of written Addendum to the solicitation. Only the interpretation or correction so given by the Procurement Officer, in writing shall be binding, and prospective Vendors are advised that no other source is authorized to give information concerning, or to explain or interpret, the solicitation.

2.11 Inclusion of Tax in Bids

The Vendor shall take these factors into consideration in preparing a bid, including therein the cost of the State Sales Tax and Use Tax on materials, but excluding the cost of those taxes not applicable.

2.12 Bid Guarantee (Bond Requirements)

2.12.1 On projects where the Base Bid and sum of all additive alternates exceeds $100,000, bids shall be accompanied by a bid guarantee of not less than five percent of the amount of the bid, which may be a certified check, a cashier's check, treasurer's check, or Bid Bond made payable to the Department.

http://www.dms.myflorida.com/media/purchasing/pur_forms/1001_pdf

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2.12.2 If a Bid Bond is submitted, it must be signed by a Florida Licensed Resident Agent who holds a current Power of Attorney from the Surety Company issuing the Bond and the Power of Attorney must be attached to the Bid Bond. Such check or Bid Bond shall be submitted with the understanding of the following:

2.12.2.1 It shall guarantee that the Vendor will not withdraw the bid after the scheduled closing time for the receipt of bids for the period specified in Section 2.7.3;

2.12.2.2 If the bid is accepted, the Vendor will enter into a written Contract with the Department and, that the required Public Construction Bond, will be given; and

2.12.2.3 that in the event of the withdrawal of said bond within said period, or failure to enter into the Contract, or provide the required bonds within ten calendar days upon notice of acceptance of his bid, the Vendor shall be liable to the Department for the full amount of the bid guarantee as representing the damage to the Department on account of the default of the Vendor.

2.12.3 The Bid Bonds or checks shall be returned to all except the two apparent lowest cost qualified Vendors after the formal opening of bids. The remaining Bid Bonds or checks will be returned to the two apparent lowest cost qualified Vendors, after the Department and the accepted Vendor have executed the Contract, and the Public Construction Bond has been approved by the Department. If the required Agreement and Bonds have not been executed within the time specified in Section 2.7.3, then the Bid Bond or check of any Vendor will be returned upon request, provided there has not been notification of the acceptance of the bid.

2.12.4 Acceptable Surety Companies and Execution of the Bond

2.12.5 To be acceptable to the State of Florida, as Surety for Bid Bonds, Public Construction Bond, a Surety Company shall comply with the following provisions:

2.12.5.1 The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.

2.12.5.2 The Surety Company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.

2.12.5.3 The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.

2.12.5.4 The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.

2.13 General and Building Contracts as a Vendor:

No state-certified General or Building Contractor shall be precluded from bidding, as Vendor, any specialty contract work, provided that the state-certified General or Building Contractor is proposing to use a specialty subcontractor which is:

2.13.1 State-certified in accordance with the Department’s qualification requirement listed for Vendors above; and,

2.13.2 Identified in the General Contractor’s bid.

2.14 Subcontractors

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2.14.1 To ensure that only qualified and competent subcontractors will be employed on the project, if applicable, each Vendor shall submit a list of the subcontractors who will perform the work for each Division of the Specifications utilizing the "List of Subcontractors" form enclosed as APPENDIX IV: Subcontractor List.

2.14.2 The Vendor shall have determined to its own complete satisfaction that a listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time, has successfully completed installations comparable to that which is required by this solicitation, and is qualified both technically and financially to perform that pertinent phase of this work. Only one subcontractor shall be listed for each phase of the work, if applicable.

2.14.3 Any Vendor who lists a subcontractor not certified or registered by the State to perform work, and if such certification or registration is required for the trade specified herein or by Florida statute, will be rejected as non-responsive.

2.14.4 No change shall be made in the list of subcontractors, before or after the award of a contract, unless agreed to in writing by the Department.

SECTION 3. SPECIFICATIONS

3.1 Definitions

Specific Terms related to this solicitation are defined as follows:

3.1.1 Add Alternate (Alt)– Add alternates are additional items of work that may be awarded as part of the contract if the bids come within the budget specified in the contract.

3.1.2 Addendum – A document used to amend the terms of a solicitation, incorporated as part of the original solicitation document

3.1.3 Alternate Bid – Alternate Bid means an amount stated in the Bid to be added to, replaced, or deducted from the amount of the Base Bid, if the corresponding change in project scope or materials or methods of construction described in the solicitation is accepted.

3.1.4 Base Bid – The sum stated in the Bid for which the Vendor offers to perform the work described in the solicitation. Work may be added or deleted from this Base Bid value for sums stated in the Alternate bids. Base Bids may be replaced with Alternate Bids.

3.1.5 Deduct alternates – are a way for the architect to build a form of controlled cost-cutting into his construction documents. Deduct alternates are discrete areas of the project carved out and set aside as stand-alone objects to be priced by the contractor.

3.2 Minimum Specifications

A Vendor must meet the Minimum Specifications described herein, or the Vendor will be determined to be non-responsive. The selected Vendor(s) shall perform the tasks outlined in the Department’s STANDARD CONTRACT PART 1 AND PART 2 (GS) – APPENDIX VI and APPENDIX VII in accordance with all terms therein.

3.3 Minimum Financial Specifications

The selected Vendor(s) shall be compensated in the manner set forth in APPENDIX VII – STANDARD CONTRACT PART 2 (GS) in accordance with all terms therein.

3.3.1 Funding Sources

Funds for this solicitation are state Fixed Capital Outlay (FCO), which is an appropriation category for the purchase of real property (land, buildings, including appurtenances, fixtures and fixed

DCF ITB 2223 093 10 of 25 equipment, structures, etc.), including additions, replacements, major repairs and renovations to real property which materially extend its useful life or materially improve or change its functional use and including furniture and equipment necessary to furnish and operate a new or improved facility, when appropriated by the Legislature in the fixed capital outlay appropriation category.

3.3.2 Allowable Costs

See the Department’s STANDARD CONTRACT PART 2 (GS) – APPENDIX VII, for further information on what is allowable to be purchased under the resulting contract.

3.3.3 No Funding for Start-up or Readiness Activities

The Department does not fund start-up or readiness activities.

3.3.4 No Cost-of-Living Increases

The Department does not fund Cost-of-Living increases.

3.4 Composition of the Contract

The contract awarded as a result of this solicitation will be composed of:

3.4.1 Department’s Standard Contract

The Department’s Standard Contract Part 1 contains general contract terms and conditions required by the Department for all Vendors. In addition, the Department’s STANDARD CONTRACT PART 2 (GS) – APPENDIX VII contains additional contract terms and conditions governing the performance of work, the clients to be served, required deliverables, performance standards, and compensation.

3.4.2 Form PUR 1000

Form PUR 1000 is incorporated by reference into the Department’s Standard Contract. In the event of any conflict between Form PUR 1000 and this solicitation, the terms of this solicitation shall take precedence over Form PUR 1000, unless the conflicting term is required by Florida law, in which case the term contained in Form PUR 1000 shall take precedence. Form PUR 1000 is available at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/stat e_purchasing_pur_forms

3.4.3 Other Attachments or Exhibits

All other attachments and exhibits to the contract referenced in this solicitation shall also be part of the resulting contract, if any; and

3.4.4 Vendor Bid

The Vendor’s bid and any additional submittals, if incorporated into or attached to the contract.

3.5 Order of Precedence

In the event of conflict within any two or more documents within the contract documents listed in 3.4, the earlier listed document shall control (e.g., 3.4.2. will control over 3.4.3).

3.6 Supporting Documentation

This table lists the supporting documentation, and the associated link to download the supporting documentation.

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

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Subject Description Link

General Instructions for Respondent

PUR 1001

https://www.dms.myflorida.com/content/downloa d/2934/11780/PUR_1001_General_Instructions _to_Respondents.pdf

Contract Standard Terms and Conditions

PUR 1000

https://www.dms.myflorida.com/content/downloa d/2933/11777/PUR_1000_General_Contract_C onditions.pdf

Department of Children and Families

DCF Agency Website http://www.myflfamilies.com

Florida State Hospital FSH Website https://www.myflfamilies.com/service-programs/mental-health/FSH/

SECTION 4. INSTRUCTIONS FOR RESPONDING TO THE ITB

4.1 How to Submit a Bid

Due to health implications and sensitivity to COVID-19, the Department requires that all bids be sent by electronic means (email). The electronic submission must comply with the following requirements:

The Vendor may submit an electronic version of the bid in response to this ITB, including all required documents, in PDF format as an attachment to an email sent to the Procurement Officer’s email address provided in Section 1.3. The software used to produce the electronic file must be Adobe portable document format (“pdf”), version 6.0 or higher. The Department must be able to be open and view the reply utilizing Adobe Acrobat. In the event that the electronic file attachment is too large to be submitted in a single email, the vendor may utilize multiple emails so long as all required documents are delivered to the Procurement Officer by or before the date and time specified in Section 2.3. The Department can allow up to 100 MB for incoming attachments. The vendor email system must also allow for a 100 MB attachment. Zipping attachments will reduce file sizes.

4.2 Contents of the Bid

Bids must be submitted in full, in accordance with the requirements of the Scope of work, drawings, specifications, and Department’s STANDARD CONTRACT PART 2 (GS) – APPENDIX VII. Any specifications that cannot be shared with the general public, may be requested from the Procurement Officer.

4.2.1. Title Page

The first page of the bid shall be a Title Page that contains the following information:

4.2.1.1. Title of bid;

4.2.1.2. Solicitation number;

4.2.1.3. Prospective Vendor’s name and federal tax identification number;

4.2.1.4. Name, title, telephone number and address of person who can respond to inquiries regarding the bid; and

4.2.2. TAB 1: TABLE OF CONTENTS

4.2.3. TAB 2: CERTIFICATIONS

4.2.3.1. Signature Authority

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 https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf http://www.myflfamilies.com/ https://www.myflfamilies.com/service-programs/mental-health/FSH/ https://www.myflfamilies.com/service-programs/mental-health/FSH/

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Include a signed certificate (APPENDIX I), completing either Section A (or providing a corporate resolution or other duly executed certification issued in the Vendor’s normal course of business) or Section B, demonstrating the person signing the bid and its statements and certifications is authorized to make such representations and to bind the Vendor.

4.2.3.2. Vendor Certifications

Include the Vendor Certifications Form (APPENDIX II) signed by the person named in the Certificate of Signature Authority as the Authorized Representative of the Vendor and with “true” checked next to each of the Certifications (a) through (f).

4.2.3.3. Anti-Lobbying

APPENDIX IX: Certification regarding Lobbying for Contracts, Grants, Loans and Cooperative Agreements.

4.2.3.4. Debarment and Suspension

APPENDIX X: Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contraction/Subcontracts.

4.2.4. TAB 3: BID DOCUMENTS

4.2.4.1. The Vendor must provide pricing on APPENDIX V, Bid Sheet, indicating bid prices thereon in proper spaces, for the Base Bid. Any erasure or other correction in the bid may be explained or noted over the signature of the Vendor. APPENDIX V will be incorporated into the executed contract following award.

4.2.4.2. Bids containing any conditions, omissions, unexplained erasures, alterations, additions, or irregularities of any kind, may be rejected by the Department.

4.2.4.3. Alternatives

If the Department wishes to learn the relative or additional construction cost of an alternative method of construction, an alternative use or type of material or an increase or decrease in scope of the project, these items will be defined as alternates and will be specifically described by the contract. Alternates will be listed in the Bid Sheet in such a manner that the Vendor shall be able to clearly indicate what sums will be add to (or deduct from) the Base Bid.

4.2.4.4. Delivery of the Bid Bond

Proof of Bid Bond should be submitted electronically with the other response documents.

However, bid guarantees in the form of certified check, cashier's check, or treasurer's check, as these are required in physical paper form, must be received at the following address prior to the date specified in Section 2.3 for when the electronic bid must be received by the Department:

Alicia Reifinger, C/O Sheila Reed Florida Department of Children and Families 2415 North Monroe Street, Suite 400 Tallahassee, Florida 32303

4.3 Public Records and Trade Secrets

4.3.1 How to Claim Trade Secret Protection

If the Vendor considers any portion of the documents, data or records submitted in its bid to be trade secret, as defined in Section 812.081(1)(c), F.S., and exempt from public inspection or disclosure pursuant to Florida’s Public Records Law, the Vendor must submit all such information in a separately bound document (or in the case of electronic media, in a manner compliant with Section

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4.1.4, with the words "Trade Secret" included in the file name) clearly labeled "Attachment to Bid, ITB No. – Trade Secret Material". Appropriate cross-references should be included in nonexempt materials. The first page of the electronic file and hardcopy documents must explain why the information in the document is considered a trade secret. This submission must be made no later than the bid submittal deadline. Where such information is part of material already required to be submitted as a separately bound or enclosed portion of the bid, it shall be further segregated and separately bound or enclosed and clearly labeled as set forth above in addition to any other labeling required of the material. If the Vendor considers any portion of a submission made after its bid to be trade secret the Vendor must clearly label the submission as containing trade secret information (or in the case of electronic media, include "Trade Secret" in the relevant file names).

4.3.2 Vendor’s Duty to Respond to Public Records Requests

In response to any notice by the Department that a public records request received by the Department encompasses any portion of the separately bound part of the Vendor’s bid or other submissions labeled as “trade secret,” the Vendor shall expeditiously provide the Department, or the public pursuant to subsection 119.0701(2), Florida Statutes, with a redacted version of the document(s) and identify in writing the specific statutes and facts that authorize exemption of the information from the Public Records Law. If different exemptions are claimed to be applicable to different portions of the redacted information, the Vendor shall provide information correlating the nature of the claims to the redacted information. The redacted copy must only exclude or obliterate only those exact portions that are claimed confidential or trade secret. If the Vendor fails to promptly submit a redacted copy and justification in response to the notice of a public records request, the Department is authorized to produce the records sought without any redaction.

4.3.3 Department not Obligated to Defend Vendor Claims

The Department is not obligated to agree with or defend any Vendor claim of exemption from inspection and copying under Florida’s Public Records Law. The Vendor is responsible for defending such claims. Further, the Vendor shall protect, defend, and indemnify, including attorney’s fees and costs, the Department for actions (including litigation initiated by the Department) arising from or relating to such claims.

SECTION 5. THE SELECTION METHODOLOGY

The Department intends to award the contract to the responsible and responsive Vendor(s) whose bid is determined to be the lowest responsive bid(s). The Department may also make a determination as to whether to deem one or more Vendors ineligible for award due to non-responsibility or non-responsiveness. The Procurement Officer will develop a ranking based on the pricing of bids. After developing the ranking, the Procurement Officer will provide to the Secretary, or designee, a report on bids deemed nonresponsive and, as to those deemed responsive, the ranking, along with a recommendation for final action. The Department will electronically post the intent to award in accordance with subsection 120.57(3)(a), Florida Statutes, and Rule 60A-1.021, Florida Administrative Code.

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APPENDIX I: CERTIFICATE OF SIGNATURE AUTHORITY

Check below and complete Section A or Section B

Vendor is not a sole proprietorship (Complete Section A)

Vendor is a sole proprietorship (Complete Section B)

Section A

I, _______________________________ _______ (name), hold the office or position of ____________________________________ (title) with__________________ (legal name of Vendor) and have authority to make official representations by said Vendor regarding its official records and hereby state that my examination of the Vendor’s records show that __________________________ (name) currently holds the office or position of ______________________________ (title) with the Vendor and currently has authority to make binding representations to the Department and sign all documents submitted on behalf of the above-named Vendor in response to ITB # ____________, and, in so doing, to bind the named Vendor to the statements made therein.

Dated:

Signature:

Printed Name:

Title:

NOTE: In lieu of the above, the Vendor may submit a corporate resolution or other duly executed certification issued in the Vendor’s normal course of business to prove signature authority of the named Authorized Representative.

Section B

I, ____________________________(name) am a sole proprietor, personally doing business in the name of ________________________________________ (name of Vendor), and will be personally bound by the bid submitted in response to ITB # ________.

Dated:

Signature:

Printed Name:

DCF ITB 2223 093 15 of 25

APPENDIX II: VENDOR’S CERTIFICATIONS

CERTIFICATIONS

MASTER CERTIFICATION

As the person named in the Certificate of Signature Authority as the Authorized Representative of the Vendor, ________________________________________ (legal name of Vendor), I confirm that I have fully informed myself of all terms and conditions of ITB #__________ (the ITB), the facts regarding the bid submitted by the Vendor in response to the ITB and the truth of each statement contained in Certifications

(a) through (f) and certify, by checking the applicable “true” or “false” box below and affixing my signature hereto, that each statement in each checked certification is “true” or “false” as indicated.

Check the applicable box next to the title to each certification:

True False

a. Certification of Binding Bid and Acceptance of Terms of ITB and Contract Document

b. Statement of No Prohibited Involvement

c. Statement Non-Collusion

d. Certification Regarding Subcontractors

e. Certification Regarding Prior Contractual Obligations

f. Certification of Representations Per sections 287.133, and 287.134, F.S.

The content of each certification named above, set forth below, is incorporated into this Master Certification as if fully recited herein and, for each certification marked “true” above, the below signature is deemed to be affixed to each such certification. I agree that any certification not marked above will be deemed “false.”

Signature of Authorized Representative:

Date:

a. Certification of Binding Bid and Acceptance of Terms of ITB and Contract Document

By checking the “True” box in the Master Certification and signing the same, I hereby certify that the Vendor’s bid submitted in response to the Department of Children and Families Invitation to Bid (the ITB) is binding on the Vendor in accordance with the terms of the ITB. If awarded any contract as a result of the ITB, the Vendor will comply with the specifications, terms, and conditions stated in the ITB and the contract document.

b. Statement of No Prohibited Involvement

By checking the “True” box in the Master Certification and signing the same, I hereby certify that no member of this firm or any person having interest in this firm has: Been awarded a contract as described in subsections 287.057(17)(c), Florida Statutes, to perform a feasibility study of the potential implementation of a subsequent contract to support this project, participated in drafting of a solicitation for this specific project, or developed a program for future implementation of this project.

c. Statement of Non-Collusion

By checking the “True” box in the Master Certification and signing the same, I hereby certify that all persons, companies, or parties interested in the ITB as principals are named therein, that the Vendor’s bid is made without collusion with any other Vendor.

d. Certification Regarding Subcontractors

By checking the “True” box in the Master Certification and signing the same, I hereby certify the Vendor’s agreement that by submitting a bid to this ITB, the Vendor waives any exclusivity provision in its subcontractor agreements.

DCF ITB 2223 093 16 of 25

e. Certification Regarding Prior Contractual Obligations

By checking the “True” box in the Master Certification and signing the same, I hereby certify the Vendor has not:

(1) Failed to correct any unsatisfactory performance in a previous contract to the satisfaction of any Agency or eligible user;

(2) Had a contract terminated by any Agency or eligible user for cause; or

(3) Failed to sign a contract awarded by any Agency.

f. Certification of Representations Per Sections 287.042, 287.133 and 287.134, Florida Statutes

By checking the “True” box in the Master Certification and signing the same, I hereby certify the Vendor is not listed on the Suspended Vendors List maintained pursuant to Rule 60A-1.006, F.A.C., Convicted Vendors List created and maintained pursuant to section 287.133, F.S., or on the Discriminatory Vendors List created and maintained pursuant to section 287.134, F.S, and for Federal funds, not be listed on the governmentwide exclusions in the System for Award Management (SAM).

TIE BREAKING CERTIFICATIONS

Statutory Preferences When Awarding Contracts Various provisions of Chapters 287 and 295, F.S., provide qualifying Vendors the advantage of "tie breakers" whenever two or more bids, proposals, or replies received by an agency are equal with respect to price, quality, and service. In order to take advantage of the below "tie breakers," a Vendor who meets the statutory qualifications for one or more of these "tie breakers" must certify that it qualifies for the cited preference. Completion of the certification is optional for qualifying Vendors; however, a Vendor waives all rights to consideration of a "tie breaker" if it fails to submit the certification on or before the deadline to submit its bid, proposal or reply.

MASTER CERTIFICATION – TIE-BREAKING CERTIFICATIONS

As the Authorized Representative of the Vendor, ________________________________________ (legal name of Vendor), I confirm that I have fully informed myself of all terms and conditions of ITB # ____________(the ITB), the facts regarding the bid submitted by the Vendor in response to the ITB and the truth of each statement contained in Certifications (g) through (k) and certify, by checking one or more of the boxes below and affixing my signature hereto, that each statement in each checked certification is true.

Check the box next to the title to each certification that is true:

g. Certification of a Certified Minority Business Enterprise

h. Certification of a Certified Veteran Business Enterprise

i. Certification of a Florida Business

j. Certification of a Foreign Manufacturer with a Factory in Florida

k. Certification of a Drug Free Workplace

The content of each certification named above, set forth below, is incorporated into this Master Certification as if fully recited herein and, for each certification marked “true,” above, the below signature is deemed to be affixed to each such certification. I agree that any certification not marked above will be deemed “false.”

Signature of Authorized Representative:

Date:

g. Certification of a Certified Minority Business Enterprise

By checking the “True” box in the Master Certification – Tie-Breaking Certifications and signing the same, I hereby certify that my organization is a Certified Minority Business Enterprise in accordance with section 287.0943, Florida Statutes.

h. Certification of a Florida Certified Veteran Business Enterprise

By checking the “True” box in the Master Certification – Tie-Breaking Certifications and signing the same, I hereby certify that my organization is a Certified Veteran Business Enterprise in accordance with section 295.187, Florida Statutes.

DCF ITB 2223 093 17 of 25

i. Certification of a Florida Business

By checking the “True” box in the Master Certification – Tie-Breaking Certifications and signing the same, I hereby certify that my organization’s principal place of business is located within Florida in accordance with section 287.084, Florida Statutes.

j. Certification of a Foreign Manufacturer with a Factory in Florida

By checking the “True” box in the Master Certification – Tie-Breaking Certifications and signing the same, I hereby certify that my manufacturing organization has a factory in Florida that employs over 200 employees working in Florida in accordance with section 287.092, Florida Statutes.

k. Certification of a Drug Free Workplace

By checking the “True” box in the Master Certification and signing the same, I hereby certify the Vendor currently maintains a drug-free workplace environment in accordance with section 287.087, Florida Statutes, and will continue to promote this policy through implementation of that section.

APPENDIX III: QUESTION SUBMITTAL FORMAT

Each Vendor may complete the form provided based on its questions relating to this ITB. The completed form shall be submitted in accordance with the instructions provided in Section 2.5 of the ITB. This form may be expanded as needed to facilitate response to this requirement.

Vendor Name: [Enter Legal Name of Vendor]

Question

Number

ITB Section

Number Question

APPENDIX IV: SUBCONTRACTOR LIST

List the subcontractors who will perform work under the contract(s) resulting from this solicitation.

CHECK HERE IF NO SUBCONTRACTORS WILL BE UTILIZED:

Subcontractor Name:

Subcontractor Name:

Business Type: Business Type:

Subcontracted Services:

Services:

Address: Address:

City, State Zip City, State Zip

Phone # Phone:

FEIN # FEIN #

Business Type: Business Type:

Services:

Services:

Address: Address:

City, State Zip City, State Zip

Phone # Phone:

FEIN # FEIN #

[Duplicate table as necessary for additional subcontractors.]

APPENDIX V: BID SHEET

DCF ITB 2223 093 – FSH TRANSFORMER

Base Bid and Alternatives:

Base Bid and Alternatives

Base Bid Includes: 5,500 KVA, 60 Hz Liquid-Filled, Medium -Voltage AR-VFI

Transformer, delivered and unloaded at FSH.

Title Amount

Base Bid: $

***Low bid will be determined based on lowest overall price for the Base Bid and accepted Alternates.***

Note: The undersigned, hereinafter called "Vendor", having visited the site of the proposed project, and is familiarized with the local conditions, nature, and extent of the work, and having carefully examined any drawings or specifications, solicitation and contract documents, with the Bond Requirements therein, proposes to furnish all labor, materials, equipment and other items, facilities, and services for the proper execution and completion the Scope of Work. In submitting a bid, the Vendor acknowledges to have read and agree to the solicitation terms and conditions, all solicitation Addenda in full, and the submission is made in conformance with those terms and conditions, and if awarded the contract, to complete the said work within the time limits specified for the bid price.

The Vendor hereby agrees that:

a. The above bid shall remain in full force and effect for a period as described in Section

2.7.3, after the time of the opening and that the Vendor will not revoke, cancel, or withdraw from the competition.

b. This bid includes required permit fees as the Department’s STANDARD CONTRACT

PART 2 (GS).

c. If the successful Vendor fails to execute a contract within 10 consecutive calendar days after a contract has been presented, this shall constitute an irregularity and deemed grounds, at the Department's option, for rejection and forfeiture of the Bid Bond, or for the deduction on a day-for-day basis from the time allotted for completion of the Work.

d. Additionally, the successful Vendor will furnish to the Department a satisfactory Contract Public Construction Bond with good and sufficient sureties, in the amount of 100% of the accepted bid, and which shall fully comply with Section 255.05, F.S. The Vendor further agrees that in the event of the Vendor’s default or breach of any of the agreements of this bid, the said Bid Bond shall be forfeited as liquidated damages.

e. On projects where the Base Bid and sum of all additive alternates exceeds $100,000, bids shall be accompanied by a bid guarantee of not less than five (5) percent of the amount of the bid, which may be a certified check, a cashier's check, treasurer's check, bank draft or Bid Bond made payable to the Department. The Department does not have a specific bond form Vendor must use, but the bond must be underwritten by a surety and meet all requirements as described in Section 2.13.

By:

(Signature of Authorized Representative)

Name:

(Name of Authorized Representative)

Title:

(Authorized Representative Company Title)

APPENDIX VI: STANDARD CONTRACT PART 1

APPENDIX VII: STANDARD CONTRACT PART 2 – GENERAL SERVICES

APPENDIX VIII: CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS,

LOANS AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:_____________________________ Date:________________________

Application or Contract ID Number:_________________________________________________________

Name of Authorized Individual Application or Contractor:________________________________________

CF 1123

Effective July 2015

(CF-1123-1516)

APPENDIX IX: CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

CONTRACTS/SUBCONTRACTS

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987, Federal Register (52 Fed. Reg., pages 20360 - 20369).

INSTRUCTIONS

1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal moneys must sign this certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs must also sign, regardless of the contract amount. The Department of Children and Families cannot contract with these types of providers if they are debarred or suspended by the federal government.

2. This certification is a material representation of fact upon which reliance is placed when this contract/subcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment.

3. The provider shall provide immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms “debarred”, “suspended”, “ineligible”, “person”, “principal”, and “voluntarily excluded”, as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department’s contract manager for assistance in obtaining a copy of those regulations.

5. The provider agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontract unless authorized by the Federal Government.

6. The provider further agrees by submitting this certification that it will require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 in federal moneys, to submit a signed copy of this certification.

7. The Department of Children and Families may rely upon a certification of a provider that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erroneous.

8. This signed certification must be kept in the contract manager’s contract file. Subcontractor’s certification must be kept at the provider’s business location.

CERTIFICATION

(1) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred,…