ITB-23-105.pdf

Invitation to Bid (ITB)

Temporary Pharmacy Staffing

FDC ITB-23-105

Alexis Bryan, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

Table of Contents SECTION 1: Definitions SECTION 2: Introduction

2.1 Overview

2.2 ITB Timeline

SECTION 3: Key Information

3.1 Background

3.2 Statement of Purpose

3.2.1 ITB Modifications

3.2.2 Order of Precedence

3.3 ITB Outcome

3.3.1 Contract Term and Renewal

3.3.2 Purchases and Invoices

3.3.3 Addition/Deletion of Items or Service Locations

3.3.4 Subcontracts

SECTION 4: Statement of Work

4.1 Specifications

4.2 Vendor Responsibilities

4.2.1 Pharmacist Duties

4.2.2 Pharmacy Technician Duties

4.3 Staffing Qualifications

4.4 Staffing Changes

4.5 Orientation and Training

4.6 Rules and Regulations

4.7 Reporting Requirements

4.7.1 Weekly Reports

4.7.2 Quarterly Reports

4.7.3 Annual Reports

4.9 Performance Measures and Financial Consequences

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

5.2 Vendor Questions

5.3 Vendor Ombudsman

5.4 Bid Submissions

5.4.1 Mandatory Documentation

5.4.2 Price Sheet

5.4.3 Contact Information and Scrutinized Company Certification

5.4.4 Bid Contents

5.4.5 Bid Withdrawal

5.5 Other Vendor Requirements

5.5.1 State Licensing Requirement

5.5.2 MFMP Registration

5.5.3 Substitute W-9

5.6 Public Bid Opening

5.7 Bid Evaluation

5.7.1 Basis of Award

5.7.2 Identical Bids

5.7.3 Rejection of Bids

5.7.4 Bid Disposal

5.8 No Prior Participation or Conflict of Interest

5.9 Protest Procedures

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

6.2 Environmental Considerations

6.3 Intellectual Property

6.4 Insurance

6.5 PCard Payments

6.6 Special Conditions

6.6.1 Retention of Records and Documentation

6.6.2 E-Verify

6.6.3 Cooperation with the Inspector General

6.6.4 Cooperation with the Florida Legislature

6.6.5 Severability

6.6.6 Employment of Department Personnel

6.6.7 Legal Requirements

6.6.8 Prison Rape Elimination Act (PREA)

6.6.9 Security Requirements

Attachment I – Price Sheet Attachment II – Vendor's Contact Information and Certification Attachment III – Certification of Drug-Free Workplace Program

Attachment IV – Security Requirements for Contractors Attachment XI – Business Associate Agreement for HIPAA

[Remainder of Page Left Blank Intentionally]

SECTION 1: Definitions

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

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

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

1.3 Business Day: Days Monday through Friday, excluding State holidays or other official closures.

1.4 Contract Manager: The Department employee, or designee, who will serve as a liaison between the

Contractor and Department under the Contract, and will monitor the Contractor's progress and Contract performance to ensure the procured products and services conform to the Contract's requirements.

1.5 Correctional Institutional Pharmacy System (CIPS): A system utilized by the Department to automate and improve the pharmacy's workflow by reviewing prescription orders, preparing medication, and managing inventory.

1.6 Day: A calendar day, unless otherwise noted.

1.7 Department or FDC: The Florida Department of Corrections.

1.8 Drug Enforcement Administration: Justice Department agency charged with enforcing laws that cover trafficking in controlled substances.

1.9 Final Check: The verification of a filled order for accuracy and completeness prior to medication distribution.

1.10 HIPAA: The federal law known as the Health Insurance Portability and Accountability Act of 1996

(HIPAA, Title II) established standards for the security and privacy of health data and related rules.

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

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

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

1.13 Pharmacist: A professional qualified to prepare and dispense medical medications who possess a current valid Florida Pharmacist's license in accordance with Chapter 465, Florida Statutes (F.S.).

1.14 Pharmacy Manager: The Department's primary Pharmacist responsible for overseeing and managing the service location.

1.15 Pharmacy Technician: A medical professional who works alongside the Pharmacist to help and support patients and possesses a current valid Florida Pharmacy Technician's license in accordance with Chapter 465, F.S.

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

1.17 Responsible Vendor: A Vendor who complies with the provisions of the solicitation, including specifications, contractual terms and conditions, and who can reasonably be expected to provide satisfactory performance on the proposed Contract based on reputation, references, or performance on previous Department contracts.

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

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

Department in response to this ITB.

SECTION 2: Introduction

2.1 Overview

The Department's Office of Health Services seeks temporary pharmacy staffing services at the Department's pharmacies identified in Attachment I - Price Sheet. Previously, the Department received these services through Invitation to Bid (ITB-20-026), resulting in Contract #C3005.

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C3005&Tab= 1.

2.2 ITB Timeline

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

Event Occurrence Location (if applicable)

ITB Advertised October 9, 2023 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Deadline for Vendors to Submit Questions

October 30, 2023, by 5:00 p.m.

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Alexis Bryan Subject: FDC ITB-23-105 Temporary

Pharmacy Staffing

Anticipated Date the Department will

Advertise its Answers to Vendors' Questions

November 27, 2023 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Bid Deadline and Time of the Department's

Public Bid Opening

December 18, 2023, at 2:00 p.m.

Florida Department of Corrections Attn: Alexis Bryan

FDC ITB-23-105 Temporary Pharmacy Staffing

501 S. Calhoun Street Tallahassee, FL 32399

Anticipated Date the Department will

Advertise its Agency Decision

January 2024 Vendor Information Portal https://vendor.myfloridamarketplace.com/ https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C3005&Tab=1 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C3005&Tab=1 https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com

SECTION 3: Key Information

3.1 Background

As Florida's largest agency, and the third-largest state prison system in the United States, the FDC has 24,000 full-time employees, incarcerates 80,000 inmates, and supervises nearly 145,000 offenders in the community. The Department's Office of Institutions manages 143 facilities statewide, including major institutions, annexes, work camps, road prisons, forestry camps, re-entry centers, and community release centers. The Department's Office of Community Corrections monitors and supervises adult offenders out of 130 offices within 20 judicial circuits. The Department divides its operations geographically into four (4) regions: Region I (the Panhandle), Region II (North Florida), Region III (Central Florida), and Region IV (South Florida). Each region has a Regional Director of Institutions who supervises all Wardens in that region and a Regional Director of Community Corrections who supervises all Circuit Administrators in that region.

3.2 Statement of Purpose

The purpose of this ITB is to secure Responsive Bids from Responsible Vendors to provide relief coverage by way of temporary staffing services for Pharmacists and Pharmacy Technicians at the Department's pharmacies, identified in Attachment I - Price Sheet. The Department is issuing this ITB to establish a new contract.

3.2.1 ITB Modifications

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

3.2.2 Order of Precedence

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

A) ITB addenda, in reverse order of issuance;

B) This ITB document, including any attachments or exhibits;

C) Form PUR 1000, referenced in Section 5.1 of this ITB; then

D) Form PUR 1001, referenced in Section 5.1 of this ITB.

3.3 ITB Outcome

3.3.1 Contract Term and Renewal

The Department may elect to enter into a Contract for a period of up to three (3) years. At its sole discretion, the Department may renew the Contract for up to three (3) additional years, or portions thereof, per Section 287.057(14), F.S., at the same prices, terms, and conditions. Any renewal shall be contingent, at minimum, on the Successful Vendor's satisfactory performance of the Contract, as determined by the Department. If the

Department desires to renew the Contract, it will provide written notice to the Vendor no later than 120 Days before the Contract's expiration.

3.3.2 Purchases and Invoices

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

3.3.3 Addition/Deletion of Items or Service Locations

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

3.3.4 Subcontracts

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

The Department will only pay the Vendor for deliverables provided under the Contract. The Vendor shall make all payments to subcontractors within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. The Department shall not be liable to any subcontractor for any expenses incurred under the subcontract.

The Vendor assumes sole responsibility for all expenses and liabilities incurred under a subcontract. If the Vendor fails to pay the subcontractor within seven (7) Business Days, the Vendor shall pay the penalty to the subcontractor in the amount of one-half (1/2) of one percent (1%) of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due.

SECTION 4: Statement of Work

4.1 Specifications

The Vendor shall provide temporary staffing of licensed, qualified Pharmacists and Pharmacy Technicians as specified in this ITB. Attachment I - Price Sheet, reflects the requirements for the services sought. The Vendor must bid only on the services specified in this ITB. The services sought in this ITB will be considered deliverables in the Contract.

4.2 Vendor Responsibilities

Upon the Department's request, the Vendor shall respond and provide a Pharmacist or Pharmacy Technician within two (2) Business Days.

4.2.1 Pharmacist Duties

The Pharmacist shall:

A) Perform all pharmacist-related duties in compliance with the Florida Statutes, Florida

Board of Pharmacy, Federal Drug Enforcement Administration, and Department Procedures;

B) Prepare and dispense medications after receiving a written or electronic order from a practitioner authorized by State law to prescribe medications. Verbal orders from an authorized practitioner over the telephone may be taken by the Pharmacist and immediately reduced to writing if time does not permit a written order to be delivered to the pharmacy;

C) Directly supervise and conduct in-process and Final Checks, and affix their initials to the record of prepackaging and labeling of the unit and multiple-dose packages; and

D) Assist with other tasks as directed by the Pharmacy Manager.

4.2.2 Pharmacy Technician Duties

The Pharmacy Technician shall:

A) Assist the Pharmacist in preparing applicable medications, including creating medication labels and entering medication information or physician's orders into the Correctional Institutional Pharmacy System (CIPS). The Pharmacy Technicians shall not dispense medications or initial the prescription;

B) Prepackage and label both single and multiple-dose packages pursuant to the

Department's appropriate procedures;

C) Maintain the Drug Enforcement Administration's required documentation for controlled medications;

D) Prepare medication orders for shipping, including but not limited to the checking of shipping lists to ensure all listed orders are placed in the appropriate containers for shipment to Department facilities; and

E) Assist with other tasks as directed by the Pharmacy Manager.

4.3 Staffing Qualifications

A) The Vendor shall provide the level of staffing needed for the provision of services outlined herein and shall ensure that staff providing services under the Contract are highly trained, experienced in dispensing medications, properly licensed, and qualified;

B) The Vendor staff shall establish and maintain a good working relationship with the judiciary, criminal justice system, Department staff, and the community if required to support the Contract;

C) The Vendor shall ensure all of its staff providing services under the Contract have the ability to understand and speak English to allow for effective communication between the Vendor's staff, Department staff, and inmates under the Department's supervision;

D) Upon execution of the Contract, the Vendor shall submit the licensure information for each Pharmacist and Pharmacy Technician assigned to the Contract, to the Contract Manager, for review and approval. Only Department approved Pharmacists and Pharmacy Technicians shall be allowed to perform work under the Contract; and

E) The Vendor shall ensure its staff performing services under the Contract meet the Department's minimum qualifications for the specific position/job class.

4.4 Staffing Changes

Prior to the substitution of any individual pre-approved staff, the Vendor shall provide written justification and obtain written approval of the change from the Contract Manager. This written justification shall include a description of the circumstances requiring the change(s), a list of the proposed staff substitution(s), and qualifications. The description must be detailed enough to permit the Contract Manager to evaluate how substituting the Vendor's personnel will impact the service.

The Department, in its descretion, may agree to accept personnel of equal or superior qualifications in the event that circumstances necessitate the replacement of previously assigned personnel.

4.5 Orientation and Training

A) The Department will determine the type and duration of orientation and training for the Vendor's staff. Job-specific orientation and training with regard to particular policies, procedures, rules, and processes shall be coordinated between the Vendor and Contract Manager. The Department will provide job-specific orientation and training at each service location;

B) The Department will compensate the Vendor for the hours the Pharmacist's and the Pharmacy Technician's attend orientation and training as indicated above;

C) The new employee orientation will be provided by the Department before the Vendor's staff provide services at a service location. At each location, the Vendor shall coordinate the administration and scheduling of the new employee orientation of its staff with the Contract Manager. At their expense, the Vendor shall track and document all orientation and training hours, as indicated above. This documentation shall include the name of the Pharmacist or Pharmacy Technician who attended the orientation or training and the number of hours worked.

This document shall be submitted to the Contract Manager upon request; and

D) The Department will not be responsible for any required professional or non-professional education or training for the Vendor's staff to perform duties under the Contract.

4.6 Rules and Regulations

The Vendor must comply with all applicable State and federal laws and regulations. The Vendor must also comply with the Department's Health Services Bulletins (HSBs), procedures, and requirements related to the following:

A) All services provided must meet the Health Insurance Portability and Accountability Act of 1996

(HIPAA), Standards for Privacy of Individually Identifiable Health Information, Chapters 120, 465, 499, and 893 of F.S.; Chapters 33, and 64B16, of the Florida Administrative Code (F.A.C.);

and any additional applicable local, State and federal laws, rules, and regulations. Should licensing or program requirements change during the course of the resulting Contract, the updated regulations and requirements will take precedence. The above laws, rules, and regulations are incorporated herein by reference and made part of this solicitation and the Contract as if fully stated;

B) The Vendor will agree to the requirements listed in Attachment XI – Business Associate Agreement for HIPPA.

C) The Vendor and the Department shall work cooperatively to ensure program integrity and compliance with Department rules, policies, and procedures;

D) The specific rules, procedures, and regulations identified in this ITB are not listed to the exclusion of any other laws, rules, policies, procedures, and required regulations. The Contract Manager will monitor the Vendor's performance to ensure compliance; and

E) The Vendor shall comply with the provisions of the Americans with Disabilities Act (ADA). This includes provisions referencing both employment and public service agencies (Titles I and II), as well as any other applicable provision.

4.7 Reporting Requirements

The Vendor shall submit and maintain the following records and documentation as required.

4.7.1 Weekly Reports

The Vendor shall submit a report with each weekly invoice containing the following:

A) Date and service location the Department requested services;

B) Date, name, and title of the Vendor's staff reporting to the service location;

C) Total hours worked per Day for each week; and

D) Type of hours worked (orientation, training, working hours).

4.7.2 Quarterly Reports

The Vendor shall provide the Contract Manager a report of all Contract purchases at the end of each calendar quarter (March, June, September, and December). These quarterly reports must provide, at minimum, the 1) total number of orders placed during the quarter,

2) total dollar value of ordered services during the quarter, 3) total number of each service provided during the quarter, 4) total dollar value of all services provided during the Contract term to date, and 5) the total number of orders filled during the quarter.

The Department may, at its sole discretion, develop a format for the Vendor to use in reporting the information above. The Vendor shall utilize any format developed by the Department for this purpose. The Vendor's failure to provide a quarterly report within 30 Days following the end of a quarter may result in the assessment of financial consequences or termination of the Contract.

4.7.3 Annual Reports

The Vendor shall submit an annual report no later than June 30th of each calendar year containing the following:

A) The total number of times the Department requested services for Pharmacists and the total number of requests that were filled by the Vendor, including the license number and expiration date, work assignment, and total number of hours worked; and

B) The total number of times the Department requested services for Pharmacy Technicians and the total number of requests that were filled by the Vendor, including the license number, expiration date, work assignment, and total number of hours worked.

The receipt of required reports by the Department shall not be construed to mean or imply acceptance of those reports. It is specifically intended that Department acceptance of required reports shall constitute a separate act. The Department reserves the right to reject reports as incomplete, inadequate, or unacceptable according to the parameters set forth in the Contract. The Department, at its option, may allow additional time where the Vendor may remedy the objections noted by the Department. After having given the Vendor a reasonable opportunity to complete, make adequate or acceptable corrections to its response, the Department may declare the Contract to be in default. The Department reserves the right to require ad-hoc and additional reporting requirements.

4.8 Performance Measures and Financial Consequences

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

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

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-001

The Vendor shall respond to requested services and have the

Pharmacist or Pharmacy Technician available

The Pharmacist and Pharmacy Technician are on location within (2) two

Business Days of the

Department's request

Per Occurrence

$100 per Day for each Day the Vendor is late in providing a

Pharmacist or Pharmacy Technician

PM-002

The Vendor shall maintain staffing that meets the requirements of this ITB

The Vendor shall meet or exceed providing the requested staff 90% of the time

Annually $1,000 for performance below 90%

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

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

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/s tate_purchasing_pur_forms.

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

5.2 Vendor Questions

Interested Vendors may email questions relating to this ITB to the Procurement Officer listed below by the deadline in the ITB Timeline. Oral inquiries, or those submitted after the deadline, will not be acknowledged.

Procurement Officer:

Alexis Bryan Bureau of Procurement Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3700 Email: Purchasing@fdc.myflorida.com

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

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

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

(TTY/ASCII).

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any oral discussion with a State employee related to this ITB. Only written communications from the Procurement Officer are considered duly authorized expressions on behalf of the Department. Only written communications from a Vendor will be recognized as duly authorized expressions on behalf https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms mailto:Purchasing@fdc.myflorida.com http://www.myflorida.com/apps/vbs of the Vendor. Any discussion by a Vendor with an employee or representative of the Department, involving cost or price, and occurring before the Department advertises its notice of agency decision, may result in the rejection of that Vendor's Bid.

5.3 Vendor Ombudsman

A vendor ombudsman has been established within the Florida Department of Financial Services (DFS). The duties of this office include acting as an advocate for Vendors who may experience problems in obtaining timely payment(s) from a State agency. The vendor ombudsman may be contacted by calling the Florida Department of Financial Services at (850) 413-5516.

5.4 Bid Submissions

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

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

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

B) Bids must be submitted in a sealed envelope/package with FDC ITB-23-105 and the date/time of the Public Bid Opening clearly marked on the outside of the envelope/package.

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

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

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

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

5.4.1 Mandatory Documentation

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

A) Attachment I – Price Sheet

B) Attachment II – Vendor’s Contact Information and Certification

5.4.2 Price Sheet

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

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

3.2.1. By submitting a Bid in response to this ITB, a Vendor warrants its agreement to the prices submitted. Vendors should submit Bids with the most favorable pricing the Vendor can offer the State. Any modifications, qualifications, counteroffers, deviations, or challenges will be rejected and may render a Bid non-responsive. The Department may reject any Vendor's Price Sheet that includes inconsistencies, inaccuracies, or is incomplete.

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

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

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

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

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

5.4.3 Contact Information and Scrutinized Company Certification

The Vendor must certify it is not listed on the Scrutinized Companies that Boycott Israel List, created under Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the Contract exceeds $1,000,000.00 in total, not including renewal years, the Vendor must certify that they are not listed on either 1) the Scrutinized Companies with Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created under Section 215.473, F.S., and they are not engaged in business operations in Cuba or Syria, as stated in Section 287.135(2)(b)2, F.S. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Vendor agrees the Department may immediately terminate the Contract for cause if the Vendor is found to have submitted a false certification or if the Vendor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the Contract.

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

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

5.4.4 Bid Contents

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

5.4.5 Bid Withdrawal

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

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

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

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

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

5.5 Other Vendor Requirements

5.5.1 State Licensing Requirement

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

5.5.2 MFMP Registration

All contractors doing business with the State as defined in Section 287.012, F.S., must register in the MFMP. Vendor Information Portal (VIP) system unless exempted under Rule 60A-1.033, F.A.C. State agencies shall not agree to purchase commodities or contractual services with any Vendor not registered in MFMP unless exempted by rule. A Vendor not currently registered in MFMP shall do so within five Days of the ITB award. Vendors may complete their MFMP registrations at: http://vendor.myfloridamarketplace.com. Vendors needing assistance regarding their MFMP registration may contact the MFMP. Customer Service Desk at 1-866-352-3776 or vendorhelp@myfloridamarketplace.com.

The State of Florida, through the Department of Management Services (DMS), has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com

F.S. All payments issued by Agencies to registered Vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, F.A.C., or as may otherwise be established by law.

Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit. The Agency will have grounds for declaring the Vendor in default if the Vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the Vendor to being suspended from business with the State of Florida.

5.5.3 Substitute W-9

The Florida Department of Financial Services (DFS) requires all Vendors doing business with the State to submit a Substitute W-9 Form electronically. To submit Forms, find frequently asked questions, and receive other assistance, Vendors can visit https://flvendor.myfloridacfo.com. For additional help, Vendors may contact D.F.S. at (850) 413-5519 or FLW9@myfloridacfo.com.

5.6 Public Bid Opening

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

The Department will not accept or consider Bids received after the Bid Deadline. Vendors may not modify their Bids after the Bid Deadline. Department staff are not responsible for the accidental opening of a Bid that has been improperly sealed or not addressed as indicated in the Timeline.

5.7 Bid Evaluation

5.7.1 Basis of Award

The Department intends to issue an award to the Responsible Vendor who submits a Responsive Bid with the lowest Grand Total Price, as evidenced in Attachment I, Price Sheet. A Vendor must bid on all service locations for its Bid to be considered responsive.

In the event the Responsible Vendor with the lowest Grand Total Price is found non-responsive, the Department may proceed to the next Responsive Bid from a Responsible Vendor with the next lowest Grand Total Price and continue the award process.

5.7.2 Identical Bids

If the Department receives identical pricing or scoring from multiple Vendors, the Department shall determine the order of award using the following criteria:

A) If two (2) equal responses are received, and one (1) response is from a certified minority business enterprise, the Department will award a Contract to the certified minority business enterprise in accordance with Section 287.057(12) F.S. Minority Business Certifications submitted by a Vendor as part of its Bid must be active and current at the time of submission. A Bid containing a blank, incomplete, invalid, or falsified Minority Business Certification will be deemed non-responsive.

B) Per Section 295.187(4), F.S., when considering two (2) or more Bids, at least one (1) of which is from a certified veteran business enterprise, which are equal with respect to all https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com relevant considerations, including price, quality, and service, the Department shall award a Contract to the certified veteran business enterprise. If a veteran business enterprise and one (1) or more businesses entitled to a preference by law submit Bids, which are equal with respect to all relevant considerations including price, quality, and service, the Department shall award a Contract to the business having the smallest net worth.

C) Per Section 287.087, F.S., whenever two (2) or more Bids that are equal with respect to price, quality, and service are received by the Department, the Bid from a business that certifies it has implemented a drug-free workplace program shall be given preference in the award process. A Vendor may certify it has implemented a drug-free workplace program by completing Attachment III, Certification of Drug-Free Workplace.

5.7.3 Rejection of Bids

The Department reserves the right to accept or reject any Bids or separable portions thereof and waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve its best interest(s). The Department may reject any Bid not submitted in the manner specified in this ITB and those otherwise considered non-responsive. Material deviations cannot be waived by the Department and shall result in a Bid being deemed non-responsive.

5.7.4 Bid Disposal

All Bids submitted shall become the property of the Department and will be considered public records, subject to the provisions of Chapter 119, F.S.

5.8 No Prior Participation or Conflict of Interest

Per Section 287.057(19)(c), F.S., a person who receives a contract that has not been procured pursuant to Subsections (1)-(3) of S. 287.057, F.S. 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 Vendor 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 Vendor 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 Vendor. 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 Vendor 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.

Per Section 287.057(19), F.S., the Department shall avoid, neutralize, or mitigate significant potential organizational conflicts of interest before award of a contract and may not proceed with an award if a conflict of interest exists based upon the Vendor's gaining of an unfair competitive advantage.

5.9 Protest Procedures

Under Section 120.57(3), F.S., any person who is adversely affected by the agency decision or intended decision shall file a notice of protest or formal written protest with the Department's Agency Clerk. Filings may be made physically at 501 South Calhoun Street, Tallahassee, Florida 32399- 2500, by email to CO-GCAgencyClerk@fdc.myflorida.com, or by fax to (850) 922-4355. Protests must be made in compliance with Rules 28-110.003, 28-110.004, and 28-110.005, F.A.C. Filings received after the business hours of Monday – Friday from 8:00 a.m. to 5:00 p.m. E.T. will be filed the next Business Day.

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.

mailto:CO-GCAgencyClerk@fdc.myflorida.com

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

The State of Florida is committed to supporting its diverse business industry and population by ensuring participation by minority-owned, women-owned, and veteran-owned business enterprises in the State's economic life. The Department works in conjunction with the Florida Department of Management Services, Office of Supplier Diversity, to provide training on how to access its procurement opportunities.

The Office of Supplier Diversity offers resources to diverse business enterprises, including the Mentor Protégé Program, which connects eligible business enterprises with private corporations for business development mentoring. For more information, including contact information, on the Mentor Protégé Program, Vendors may visit the Office of Supplier Diversity's website at:

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

6.2 Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. If applicable, the Vendor shall submit a plan to support the procurement of commodities and materials with recycled content, referencing the intent of Section 403.7065, F.S. The Vendor shall also provide a plan, if applicable, for reducing or handling hazardous waste generated by the Vendor's company, referencing Rule 62-730.160, F.A.C. The Florida Department of Environmental Protection (DEP) requires any generator of hazardous waste materials exceeding certain thresholds to have a valid and current hazardous waste generator identification number. This identification number shall be submitted as part of the Vendor's explanation of its hazardous waste plan and shall explain, in detail, its handling and disposal of this waste.

6.3 Intellectual Property

To the extent that the Contract requires a Vendor to produce original writing, sound recordings, pictorial reproductions, drawings, other graphic representation, or works of any similar nature, the Department has the right to use, duplicate, and disclose such materials, in whole or in part, in any manner, for any purpose whatsoever, and to allow its agents to do the same. If the materials developed are subject to copyright, trademark, patent, or legal title, then every right, interest, claim, or demand of any kind, in and to any patent, trademark or copyright, or application for the same, will vest in the Florida Department of State for the exclusive use and benefit of the State. Under Section 286.021, F.S., no person, firm, or corporation, including parties to the Contract, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Florida Department of State.

The Department shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Vendor.

All computer programs, documents, and other intellectual property produced as part of the Contract shall become the exclusive property of the Florida Department of State, except for data processing software developed by the Department under Section 119.084, F.S. The Vendor and its employees and agents may not remove any such property without the express written consent of the Department.

The Vendor, without exception, shall indemnify and hold harmless the Department, and its employees, from liability of any nature or kind, including costs and expenses, for, or on account of, http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ any copyrighted, patented, or unpatented invention, process, or article, manufactured or supplied by the Vendor. The Vendor has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article equipment or data not supplied by the Vendor or is based solely and exclusively upon the Department's alteration of the article. The Department will provide prompt written notification of a claim regarding copyright or patent infringement and afford the Vendor full opportunity to defend the action and control the defense of such claim. If such a claim is made or is pending, the Vendor may, at its option and expense, procure for the Department the right to continue use, replacement, or modification of the article to render it non-infringing. (If none of the alternatives are reasonably available, the Department agrees to return the article to the Vendor upon its request and receive reimbursement, fees, and costs, if any, as may be determined by a court of competent jurisdiction.) If the Vendor uses any design, device, or material covered by letter, patent, or copyright, it is mutually agreed and understood, without exception, that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials.

6.4 Insurance

The Vendor agrees to provide adequate, comprehensive insurance coverage and hold such insurance during the existence of the Contract. The Vendor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Vendor and the Department under the Contract.