ITB 23 24 70 - Radio Based GPS.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 23 24 70

Title: Radio/Cellular GPS Fire Resource Tracking System

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

Tallahassee, FL 32399-0800 Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

BID NUMBER: ITB FFS 23 24 70

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for the outright purchase and delivery of Radio/Cellular GPS Fire Resource Tracking System to track the inventory of the Florida Forest Service firefighting equipment. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Purchase Order are conducted pursuant and subject to Chapter 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

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

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

1.2 Timeline of Events

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

EVENT DATE/TIME (ET) LOCATION

Release of ITB January 26, 2024 Vendor Information Portal

Last day for written Inquiries to be received by the Department February 12, 2024

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

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries February 15, 2024

Vendor Information Portal

Sealed Bids Due February 22, 2024

@5:00PM

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

Public Meeting for Opening of Bids February 23, 2024

@ 10:00AM

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

Anticipated Posting of Recommended Award March 05,2024

Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal as the single resource for all ITB, Public Notice information in accordance with Rule 60A-1.021, F.A.C.

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

1.3 Public Opening

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

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

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

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

1.4 Special Accommodations

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

1.5 Mandatory Requirements

The FDACS has established certain requirements with respect to bids to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response does not substantially comply with the ITB requirements, provides an advantage to one respondent over other respondents, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Bid.

1.6 Conflicts and Order(s) of Precedence

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

1) Addenda, in reverse order of issuance

2) ITB, including attachments

3) PUR 1000, General Contract Conditions

4) PUR 1001, General Instructions to Respondents

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Specifications

The Florida Forest Service (FFS) has determined the need for the outright purchase, delivery, and installation of a Radio/Cellular GPS Fire Resource Tracking System for regional field offices throughout the state. The Department has identified the Advanced Situational Awareness RangerTrax© asset tracking and product system which meets the operational objectives of the FFS. The intent of this ITB is for the purchase and delivery of approximately 504 Radio/Cellular GPS Fire Resource Tracking Systems as specified herein, to be delivered and installed at the FFS regional field offices as specified in Exhibit I-FFS Map.

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

Item One (1): 10” Radio Based GPS Tracking System

Estimated Quantity: 216

Item Two (2): 8” Radio Based GPS Tracking System

Estimated Quantity: 288

A list of required features, equipment, and specifications for two (2) item unit models can be found in the table below. This ITB also includes installation and training for the system. In addition, each unit must include two (2) years of SIM data.

Item One

Minimum Specifications

10” Display for non-tracked vehicles with lockable vehicle mounts Mil STD 810 G Ruggedized Tablet KNOX Manage for Mobile Device Management and Security Powered by ESRI’s ArcGIS Runtime SDK Must be ArcGIS map compatible.

QR Code, feature to download Maps in multiple layers.

Android 10 plus Operating System or higher.

Tablet must be LTE and unlocked to support cellular tracking option.

Tablet must be dual SIM capable.

Vendor must provide two years of dual SIM data connectivity with major carriers for the purpose of tracking our firefighting equipment. The carriers should provide the most coverage possible across the state.

Radio Frequency based, must operate in the UHF range.

Every system must be able to display all units in radio range of every other system.

Transmits GPS lat/long and UTC time stamp.

Transmits NWCG standard Pin Drops to all radios in range.

Transmits Man-Down Alert to all radios in range.

Measurements, Point, Linear, Acreage Area & perimeter Unique User ID’s and Asset Alias List for custom call signs Last Know Location warning when signal is lost after 1 minute.

After Action Review: Time Stamped, Trax Data GPX data file, KMZ, KML compatible.

WiFi and BlueTooth capable Internal memory 128GB; up to 512GB 10” SD cards & USB drives Locking Vehicle Docking Cradle 10-40V power input range, PoGo interface support provides port replication for 2 USB ports VESA 75mm mounting pattern for mounting products.

UHF, 50-watt minimum radio-based GPS tracking system including the tracking application.

Antenna mounts for radio and GPS.

GPS Antenna UHF antenna Power cable installation kit to make system operational.

Included base map of the State of Florida to zoom level 18.

User manual

Item Two

Minimum Specifications

8” Display for tracked vehicles with lockable vehicle mounts Mil STD 810 G Ruggedized Tablet KNOX Manage for Mobile Device Management and Security Powered by ESRI’s ArcGIS Runtime SDK

Must be ArcGIS map compatible.

QR Code, feature to download Maps in multiple layers.

Android 10 plus Operating System or higher Compatible with the Enterprise Geospatial Portal, private or public servers

Tablet must be LTE and unlocked to support cellular tracking option.

Tablet must be dual SIM capable.

Vendor must provide two years of dual SIM data connectivity with major carriers for the purpose of tracking our firefighting equipment. The carriers should provide the most coverage possible across the state.

Radio Frequency based, must operate in the UHF range.

Every system must be able to display all units in radio range of every other system.

Transmits GPS lat/long and UTC time stamp.

Transmits NWCG standard Pin Drops to all radios in range.

Transmits Man-Down Alert to all radios in range.

Measurements, Point, Linear, Acreage Area & perimeter Unique User ID’s and Asset Alias List for custom call signs Last Know Location warning when signal is lost after 1 minute.

After Action Review: Time Stamped, Trax Data GPX data file, KMZ, KML compatible.

WiFi and BlueTooth capable Internal memory 128GB; up to 1TB 8” SD cards; & USB drives Locking Vehicle Docking Cradle 10-40V power input range, PoGo interface support provides port replication for 2 USB ports VESA 75mm mounting pattern for mounting products.

UHF, 50-watt minimum radio-based GPS tracking system including the tracking application Antenna mounts for radio and GPS.

GPS Antenna UHF antenna Power cable installation kit to make system operational.

Included base map of the State of Florida to zoom level 18.

User manual

Bidders offering the specified brand/model are not required to furnish product literature; however, vendors offering equivalent products shall furnish product literature or statements with their bid which demonstrate their product meets or exceeds compliance with the specifications listed herein. Additionally, Bidders may be required to submit additional information to determine compliance with the bid specifications prior to or after award. Bidders may be required to demonstrate the product bid to the FDACS representative within 10 days of award. If the lowest Bid price product/system does not meet all requirements as specified within this ITB, the Department reserves the right to reject the proposed product/system and award the contract to the next lowest Bidder.

2.2 Estimated Quantities

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

2.3 Delivery and Installation Instructions

Delivery of all items shall be to the field unit when it is installed as specified in Exhibit I-FFS Map

Delivery and installation to all FFS regional field offices must be no later than 240 days upon receipt of Purchase Order.

The vendor will install the complete GPS tracking system in designated state vehicles. This will include the antenna, antenna protection system, and all hardware to make the system operational. The antennas will be installed on the roof of the vehicle. Tracked and heavy equipment will have an antenna protection system installed on the roof of the equipment. The tracking system tablet, radio and associated mounting hardware will be installed in a location approved by the local FFS Telecommunications Specialist. The mounting locations will be as uniform as possible to facilitate quick, neat, and functional installs. There will be a meeting in each FFS regional field office to discuss the mounting location of all hardware. Any questions on the installations will need to be addressed to the local FFS Telecommunications Specialist and they will also sign off on the installation being satisfactorily installed. All installation services shall be completed on site at FFS Forestry Field Office(s) as specified in Exhibit I- FFS Map or an approved location by the FFS contract manager.

Price for delivery and installation of any and all items as specified herein, shall be included in the FIRM FIXED UNIT PRICE of each. The Department shall not pay separate delivery fee(s) associated with the delivery of any item listed this Bid.

2.4 Training

Training will be provided at each FFS regional field office on the operation of the equipment and system. The awarded vendor will be responsible for coordinating the training date and time with the Department’s contract manager. The vendor must supply documentation in either digital or paper format that describes the operation system. At a minimum, it must provide an overview of each component in the system and any diagnostics features it has such as lights and indicators.

The documentation must also contain detailed information on the operation of the system so that a novice would be able to read it and operate the system. If the awarded vendor fails to provide training on the agreed upon date, financial consequence will apply. The vendor must provide the training literature in either digital or paper format for no less than fifteen (15) students per training session. There will be at least 15 training sessions across the state. Please refer to Exhibit I- FFS Map for field unit locations.

Region One: 3 Region Two: 4 Region Three: 4 Region Four: 4

2.5 Financial Consequences

The awarded vendor shall perform all tasks within the time frame established in this solicitation unless an extension is approved by the Department. Failure to meet the tasks of this project shall result in a financial consequence.

The Department/ FFS will reduce payment by $50 per day until the vendor completes the training requirement for each field unit location.

The Department/ FFS will reduce payment at $50 per each uninstalled vehicle for each Region.

SECTION 3.0 INVITATION TO BID PROCESS

3.1 Advertisement

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

3.2 General Instructions to Respondents (PUR 1001)

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

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

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

3.3 Bidder Inquiries

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

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, as indicated in the Timeline of Events. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

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

The Procurement Officer for this ITB is:

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

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

THE SUBJECT LINE OF THE EMAIL**

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 mailto:Bids@FDACS.gov

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intent to award (72-hour period excludes Saturdays, Sundays and state holidays), bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), Florida Statutes.

3.4 Addenda

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

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

3.5 MyFloridaMarketPlace (MFMP) Registration

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

(866) 352-3776.

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

• 25173107 Vehicular global positioning system GPS

• 25191551 Ground vehicle/transportation tracking system

• 43221721 Radio frequency data communication equipment

• 72151508 Computerized controls installation service

3.6 Vendor Substitute W-9

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

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

3.7 Cost of Bid Preparation

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

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

3.8 Instructions for Bid Submittal

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

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

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

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

4) Late bids will not be accepted.

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

Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

3.9 Bidder Acknowledgement

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

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

3.10 Price Sheet

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

Bidders will provide a per unit price to include all specifications, accessories, installation service fees, SIM data per unit, operational and installation materials, technician travel, packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges. Bidders will also provide a per unit price, combined total for training at each of the FFS regional field office locations.

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

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

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

For convenience, the Department is providing the Attachment B price sheet in Excel Format (see MFMP VIP advertisement documents). Bidders may return either Attachment B (PDF or Excel) version with their Bid submission.

3.11 Vendor Generated Terms and Conditions

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

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

3.12 Public Records

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

3.13 Disclosure of Bid Submittal Contents

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

3.14 Bid Opening

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

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

3.15 Administrative Review

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

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

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

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

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

REJECTED AS NON-RESPONSIVE.

3.16 The Florida Based Business Preference

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

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

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

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

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

3.17 Basis of Award

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

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

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

3.18 Less Than Two Responsive Offers

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

3.19 Bid Rules for Withdrawal

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

3.20 No Prior Involvement and Conflict of Interest

Section 287.057(19)(c), Florida Statutes, provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a bidder who responds to a request for information from being eligible to contract with an agency.”

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

The bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the bidder. Officers, agents or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

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

3.21 Scrutinized Companies and Prohibited Business Activities

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

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

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

The of Scrutinized Companies is available at:

https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx. The Department may immediately terminate any contract, as a result of this bid, for cause if the contractor is found to have submitted a false certification.

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

Any person submitting a response to this bid MUST execute the enclosed form FDACS-01522, Attachment D, Certification Regarding Lobbying; Debarment, Suspension and Other

Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her bid or proposal. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.23 Identical Tie Bids

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

1) CERTIFIED MINORITY BUSINESS ENTERPRISE

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

2) COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE GIVEN

PREFERENCE

Pursuant to Section 287.082, Florida Statutes, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within this state shall be given preference. Bidders must provide proof in their bid response to receive this preference.

3) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, bidders may provide Attachment E, Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program. Submission of the form is not required, but recommended.

4) PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to Section 287.092, Florida Statutes, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Bidders must provide proof in their bid response to receive this preference.

5) FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

Pursuant to Section 295.187(4), Florida Statutes, a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise.

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

3.24 Disqualification of Bidders

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

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

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

3.25 Rejection of Bids

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

3.26 Protest Procedures

Pursuant to Section 120.57(3), Florida Statutes, a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made delivered to The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Purchase Order Terms and Conditions

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

4.2 Additional Quantities

The Department reserves the right to and may purchase additional quantities of the items listed herein. Orders shall be made by Department purchase order and shall be made within twelve (12) months of award of this bid. The bidder shall hold firm their price during this period. Additional quantities ordered shall be subject to the same terms, conditions and pricing of the initial bid response.

4.3 Warranty and Substitutions

The contractor shall agree that proper operation of the equipment is unconditionally guaranteed https://forms.fdacs.gov/01341.pdf for the time specified in the contractor’s commercial warranty or a period of two (2) years from the shipping date, whichever is greater. User-caused damage will not be covered in this guarantee.

The contractor shall either restore to proper operating condition or replace any defective unit within thirty (30) days of receipt. A Return Material Authorization (RMA) shall be issued within 5 working days of request. In the event of equipment repair or replacement period exceeding 30 days of receipt, the contractor shall provide a new replacement piece of equipment for use until the repair or replacement is complete.

All warranty work, including temporary replacement equipment, shall be without charge for labor, materials or return shipping. Extensions of these permissible repair periods may be negotiated with the ordering agency. Other terms and conditions shall be in accordance with the contractor's commercial warranty.

4.4 Damaged Commodities

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

4.5 Public Entity Crimes

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

4.6 Discrimination Statement

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

4.7 Antitrust Statement

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

4.8 Employment of Unauthorized Aliens

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

4.9 National Defense Authorization Act

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

4.10 Cooperation with the Inspector General

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

4.11 Vendor Ombudsman

Section 215.422, F.S., provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the Contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to s. 55.03, F.S., will be due and payable in addition to the invoice amount.

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

4.12 Payment and Invoicing

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

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

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

4.13 Modifications after Purchase Order or Contract Execution

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

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

4.14 No Subcontracting

Contractor agrees that all services to be performed under any awarded contract shall be performed solely by the Contractor and may not be subcontracted for or assigned without the prior written consent of FDACS, which may be withheld by FDACS for any reason or granted subject to Contractor’s compliance with one or more of the following: (i) Contractor purchasing, at its sole expense, a payment bond in a form and amount that FDACS determines to be adequate to protect suppliers of labor and material; (ii) FDACS withholding, as retainage, 25% or the highest percent permitted by law, whichever is less, of all payments made to the Contractor until Contractor submits evidence satisfactory to FDACS that all subcontracts and outstanding indebtedness in connection with the services under any awarded contract have been paid for by the Contractor; and (iii) Contractor disclosing information satisfactory to FDACS regarding each subcontractor to perform services under any awarded contract, including a description of the subcontractor’s organization, ability to provide applicable services, cost to perform applicable services, previous work experience, and relationship to the Contractor. Contractor shall comply with all laws regarding prompt payment to subcontractors, including Section 287.0585, Florida Statutes.

4.15 Annual Appropriation

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

ATTACHMENT A

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICUTLUTRE

AND CONSUMER SERVICES

INVITATION TO BID

Agency Release Date:

Friday January 26,2024

SUBMIT BID RESPONSE TO:

Florida Department of Agriculture and Consume Services Office of General Services - Purchasing Office 407 South Calhoun Street – Mayo Building, Room SB-8 Tallahassee, Florida 32399-0800

FDACS BID Number:

ITB FFS 23 24 70

Bid Due:

Thursday February 22,2024; 5:00PM ET Bid Title: Radio/Cellular GPS Fire Resource Tracking System

Bid Opening Date and Time:

Friday, February 23,2024; 10:00AM ET **Bidder (Vendor) Name:

**If a fictitious name is used, include registered name (i.e. XYZ, Inc.

DBA ABC)

Bidder Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Typed Name and Title of Authorized Agent

Toll Free Number: *This individual must have the authority to legally bind the Bidder to a contractual obligation. By submission of a signature on the response, the Bidder certifies that they agree to and shall comply with all bid specifications, terms and conditions contained herein.

Fax Number:

Email Address:

FEID Number:

Type of Business Entity (Corporation, LLC, partnership, etc.):

BIDDER CONTACTS: Provide the name, title, address, telephone number, and email address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

ATTACHMENT C

Florida Department of Agriculture and Consumer Services Division of Administration

CERTIFICATION REGARDING SCRUTINIZED COMPANIES

Certification Regarding Scrutinized Companies that Boycott Israel List and Engage in a Boycott of Israel

I, (Enter Name of Authorized Representative), as the authorized representative of (Enter Legal Name of Contractor), (the "company") hereby certify that, the company has reviewed and complies with Section 287.135, Florida Statutes, and certify the company:

1. Is not listed on the Scrutinized Companies that Boycott Israel list and

2. Does not participate or engage in a boycott of Israel.

The List of Scrutinized Companies that Boycott Israel can be located on the State Board of Administration of Florida's website at https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx

I understand that pursuant to Section 287.135,…