ITB-24-103 Vegetable Transplants FINAL.pdf

Invitation to Bid (ITB)

Vegetable Transplants

FDC ITB-24-103

Daniel Southerland, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

FDC ITB-24-103 Page 2 of 39

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

3.3 ITB Outcome

SECTION 4: Statement of Work

4.1 Specifications

4.2 Warranty Requirements

4.3 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

5.5 Other Vendor Requirements

5.6 Public Bid Opening

5.7 Bid Evaluation

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

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 V – Service/Delivery Locations

Attachment VI – Pass/Fail Requirement Certification and Non-Collusion Certification

Attachment VII – Foreign Country of Concern Attestation (PUR 1355)

FDC ITB-24-103 Page 3 of 39

Attachment VIII – Forced Labor Vendor Attestation (PUR 2024)

Attachment IX – Vendor Certification Form (PUR 7801)

FDC ITB-24-103 Page 4 of 39

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

Vendor 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 Day: A calendar day, unless otherwise noted.

1.6 Department or FDC: The Florida Department of Corrections.

1.7 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 a single Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

1.8 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.

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

1.10 Responsible Vendor: A Vendor who has the capability in all respects to fully perform the Contract requirements and the integrity and reliability that will assure good faith performance.

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

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

Department in response to this ITB.

[Remainder of Page Left Blank Intentionally]

FDC ITB-24-103 Page 5 of 39

SECTION 2: Introduction

2.1 Overview

The Department has a need to purchase various Vegetable Transplants for various correctional institutions throughout the State. The Department previously procured these items through, Agency Term Contract (ATC) ATC-19-013.

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)

Release of ITB November 07, 2024 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Last Day for Written Questions to be Received by the Department

November 21, 2024, by 5:00 p.m.

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Daniel Southerland Subject: ITB-24-103

Vegetable Transplants

Anticipated Posting of Written

Responses to Written Inquires

December 17, 2024 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Sealed Bids Due and Opened

January 7, 2025, by 2:00 p.m.

Florida Department of Corrections Attn: Daniel Southerland

ITB-24-103

Vegetable Transplants 501 S. Calhoun Street Tallahassee, FL 32399

Anticipated Posting of

Recommended Award

February 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com

FDC ITB-24-103 Page 6 of 39

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 approximately 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 Vegetable Transplants, as specified in Attachment I – Price Sheet, to various correctional institutions throughout the State. Service or delivery locations may be found in Attachment V – Service/Delivery Locations of this ITB. The Department is issuing this ITB to establish a new ATC.

3.2.1 ITB Modifications

Once the Department advertises this ITB on the Vendor Information Portal (VIP), if it needs to change, supplement, modify or revise any portion of its contents or exhibits, attachments, or other materials, it will advertise supplemental 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

As a result of this ITB, the Department will award the successful Vendor(s) a Contract up to three (3) years. The awarded Contract may be renewed in accordance with Section 287.057(14), Florida Statutes (F.S). Contract pricing will be fixed, as specified in the Vendor’s completed Attachment I – Price Sheet.

FDC ITB-24-103 Page 7 of 39

3.3.2 Purchases and Invoices

The Department may issue (POs) 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 (if applicable), items provided (if applicable), and all relevant supporting documentation.

3.3.3 Substitutions

Upon Contract execution, the Vendor must provide only the products awarded. Substituted items sent to the Department without prior approval by the Department are prohibited, will be returned at the Vendor's expense, and may lead to termination of the Contract.

If an awarded item cannot be provided for reasons beyond the Vendor's control, such as a product discontinuance, the Vendor shall propose an alternative item to the Contract Manager for approval within 10 Days of receiving a PO from the Department. The alternative item must meet or exceed the terms, conditions, and requirements applicable to the item originally awarded. The Department may require a sample of the alternative item for review prior to approval. If required, the Vendor will deliver the sample to the Department's Central Office in Tallahassee, FL, or other locations as directed, at no cost to the Department. If the Vendor wants the sample returned, it will pay for shipping the item(s) back after the Department completes its review.

3.3.4 Addition/Deletion of Items or Service Locations

The Department reserves the right to add or delete products 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 items and service locations added or substituted must be comparable to the prices established by this ITB. Any modification to add or delete items or service locations will become effective only upon execution of a written amendment to the Contract.

3.3.5 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, without reasonable cause, 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

FDC ITB-24-103 Page 8 of 39 for payment. Such penalty shall be in addition to actual payments owed and shall not exceed (15%) of the outstanding balance due.

All subcontracts shall comply with the Department's Procedure 205.002 "Contract Management", and shall include the items noted below:

• Identity of the subcontractor (i.e., company, individual, etc.) that will be performing the subcontracted services;

• Qualifications of the subcontractor;

License(s) and certification(s) provided by the subcontractor, required to perform the subcontracted services; and

• Include the specific clauses noted below from the Contract between the Contractor and the Department:

o Cooperation with Inspector General o Cooperation with the Florida Senate and the Florida House of Representatives o E-Verify o Staff Background/Criminal Records Checks

Additionally, all subcontractor agreements must include a statement from the proposed subcontractor acknowledging acceptance of and intent to be bound by the contract terms included in the contract between the Department and the Contractor.

See also Section 6.6.2, E-Verify.

FDC ITB-24-103 Page 9 of 39

SECTION 4: Statement of Work

4.1 Specifications

The Vendor shall provide various Vegetable Transplant as specified in this ITB. Attachment I – Price Sheet, reflects the requirements for the products sought. The Vendor must bid only the products specified in this ITB unless an equivalent has been reviewed and approved by the Department following the process below. The products sought in this ITB will be considered deliverables in the

4.1.1 Equivalent Items

Vendors must bid only items as specified when responding to this ITB unless an equivalent item is approved in advance by the Department in accordance with this section. To submit a Bid containing equivalent items, a Vendor must first submit a written request to bid an equivalent item to purchasing@fdc.myflorida.com before the deadline for Vendor questions specified in the ITB’s Timeline, and in accordance with Section 5.2. The written request must include:

A) the item from Attachment I – Price Sheet, the Vendor would like to replace with the equivalent item;

B) the replacement item being recommended as an equivalent; and

C) any relevant specifications for the replacement item that demonstrate its equivalence to the original item sought.

The Department will list approved equivalent items to Attachment I – Price Sheet when it advertises its response to written questions on the VIP in accordance with the Timeline.

4.1.2 Estimated Quantities

The quantities provided in this ITB are given as an estimate for Vendors to prepare their Bids and the Department to make an award. Quantities should not be construed as representing the actual quantities to be purchased by the Department. The Department may purchase more or fewer products than indicated in this ITB.

4.1.3 Minimum Order

There will be no minimum order under the Contract; however, the Department will not place orders that split standard packaging (boxes, cases, etc.).

4.1.4 Delivery

The Vendor shall ship items to the Department as Free on Board Destination and ensure items arrive within 30 Days of PO issuance unless a different time is agreed to by the Department as documented on a PO. Deliveries must be made between 8:30 a.m. and 4:00 p.m., local time, Monday through Friday, excluding State holidays and other official closures, unless otherwise stated on a PO.

mailto:purchasing@fdc.myflorida.com

FDC ITB-24-103 Page 10 of 39

4.1.5 Damaged Goods

The Vendor shall file, process, and collect all claims for damaged goods. To assist the Vendor in the efficient handling of damage claims, the Department's staff receiving goods will:

A) record any visible damage on all copies of the delivery carrier's Bill of Lading and provide the Vendor with a copy;

B) report visible damage to the Vendor in writing within 15 Days of delivery; and

C) retain the damaged item(s) and, if possible, its shipping container, including packing material, until the delivery carrier performs inspections and the issue is resolved with the Vendor.

4.1.6 Summary 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 orders placed during the quarter, 3) total number of each item sold during the quarter, and 4) total dollar value of all items sold during the Contract term to date.

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

4.2 Warranty Requirements

The Vendor shall guarantee all items purchased against nonconformance and manufacturing and design defects. Upon notification of the defect by the Department, the Vendor will promptly cure any nonconforming or defective goods at no additional cost to the Department. The Vendor will bear all costs associated with curing the defect or nonconformance, including shipping/re-shipping and inspection costs.

4.3 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.

FDC ITB-24-103 Page 11 of 39

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-001

The Vendor shall deliver items ordered in accordance with the Contract and

Department’s PO.

All items must be delivered within 30 Days of PO issuance or a date mutually agreed upon by the Vendor and the

Contract Manager.

Per Occurrence

$50 per Day after the time allowed by the Contract or PO.

PM-002

The Vendor shall notify the Contract Manager of any required substitutions within 10 Days of PO issuance.

Timely notification to the Contract

Manager.

Per Occurrence

$50 per Day, beginning the 11th

Day after PO issuance.

FDC ITB-24-103 Page 12 of 39

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/stat e_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 and requests to bid approved equivalents to the Procurement Officer listed below by the deadline in the ITB Timeline. Verbal questions, or those submitted after the deadline, will not be acknowledged.

Procurement Officer:

Daniel Southerland Bureau of Procurement Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399 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 (800) 955-8771 (TTY/ASCII).

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any verbal 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 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.

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

FDC ITB-24-103 Page 13 of 39

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 VIP 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 ITB-24-103 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 CD, DVD, or flash drive. The electronic copy must contain the entire Bid as submitted, including all supporting and signed documents. CDs, DVDs, and 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 ITB.

FDC ITB-24-103 Page 14 of 39

5.4.1 Mandatory Documentation

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

A) Attachment I – Price Sheet;

B) Florida Preference Letter, as outlined in Section 5.4.3;

C) Attachment II – Vendor’s Contact Information;

D) Attachment III – Certification of Drug-Free Workplace Program, if applicable;

E) Attachment IV – Security Requirements for Contractors;

F) Attachment V – Service/Delivery Locations;

G) Attachment VI – Pass/Fail Requirement Certification And Non-Collusion Certification;

H) Attachment VII – Foreign County of Concern Attestation (PUR1355);

I) Attachment VIII – Forced Labor Vendor Attestation (PUR 2024); and J) Attachment IX – Vendor Certification Form (PUR 7801).

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. If the Department approved any equivalent items during the question and answer phase of this ITB, then the Department will modify the Attachment I – Price Sheet to reflect the approved equivalent items. 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 items or 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 Additional Bid Requirement for Out-of-State Vendors (Florida Preference)

Per Section 287.084, F.S., a Bid from a Vendor whose principal place of business is NOT located within the State of Florida must include a written letter from an attorney licensed to practice law in the state where their principal place of business is located, which identifies any preference(s) granted by that state to its business entities in the award of public contracts under the current laws of that state. If no preference is provided in that state, the attorney’s letter should contain a statement specifying that no preference is granted. The Department considers a Vendor’s principal place of business as the principal address registered with the Florida Department of State, Division of Corporations (https://dos.myflorida.com/sunbiz/). If this letter is not included in the Bid of a Vendor whose principal place of business is NOT located https://dos.myflorida.com/sunbiz/

FDC ITB-24-103 Page 15 of 39 within the State of Florida, or if the letter does not accurately reflect the current preferences of that state, if any, the Bid will be deemed non-Responsive.

When the lowest Responsive Bid is submitted by a Responsible Vendor whose principal place of business is NOT located within the State of Florida, and the state where the lowest Responsible Vendor’s principal place of business is located does not offer any preference for its business entities, a five percent (5%) price preference shall be applied to any Responsive Bid from a Responsible Vendor whose principal place of business is located within the State of Florida. If the state where the out-of-state Vendor is located provides a different price preference for businesses having a principal place of business in that state, that same price preference shall be applied to the Responsive Bids from Florida-based Responsible Vendors.

For example, if an Oklahoma-based company submits a Responsive Bid and is the lowest Responsible Vendor, and Oklahoma offers no preference for the award of Oklahoma-based companies in public contracts, then a five percent (5%) preference would be given to Florida-based Vendors in consideration of an award. If Oklahoma offered a 10% preference in the award of contracts to Oklahoma-based businesses, then a 10% preference would be applied to Florida-based Vendors in consideration of an award.

5.4.4 Contact Information

Vendors must provide the contact information and Contract terms for the ITB by completing and returning Attachment II, Vendor’s Contact Information. If Attachment II is not included in the Vendor’s Bid, the Bid will be deemed non-Responsive.

5.4.5 Scrutinized Company Certification

In submitting this Bid, the Vendor certified the following:

A) If a contract is for goods or services of any amount, the Vendor certifies:

• It is not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S.; and

• It is not currently engaged in a boycott of Israel.

B) If a contract for goods or services could be at or above $1 million, the Vendor also certifies:

• It is not listed on the Scrutinized Companies with Activities in Sudan List;

• It is not listed on the Scrutinized Companies with Activities in Iran Terrorism Sectors

List, as identified under Section 215.473, F.S.; and

• It does not have business operations in Cuba or Syria, as defined in Section

287.135(1)(c), F.S.

C) The Vendor agrees that the Agency can immediately terminate the Contract for cause or disqualify the Vendor from further consideration of a contract if the following is discovered:

• The Vendor is found to have submitted a false certification, after providing notice in accordance with Section 287.135(5)(a), F.S.;

• The Vendor is placed on a list created pursuant to Section 215.473, F.S., relating to scrutinized active business operations in Iran; or

• The Vendor is found to have been placed on the Scrutinized Companies that

Boycott Israel List or is engaged in a boycott of Israel

FDC ITB-24-103 Page 16 of 39

D) The Vendor understands the following:

• The Agency may, on a case-by-case basis, make exceptions to these requirements as permitted in Section 287.135(4), F.S.; and

• An unsuccessful vendor has no right to protest the award of a contract or renewal on the basis of a false certification, in accordance with Section 287.135(6), F.S.

Vendors shall complete and return Attachment VII, Pass/Fail Requirement Certification And Non- Collusion Certification. If Attachment VII is not included in the Vendor’s Bid, the Bid will be deemed non-Responsive.

5.4.6 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.

5.4.7 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 its 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

Each Contractor, as defined in Section 287.012, F.S., doing business with the State of Florida shall maintain an active registration in MFMP/AOD unless exempted under Rule 60A-1.033, F.A.C. Registration can be completed at http://vendor.myfloridamarketplace.com. For assistance with registration, Contractors may contact the MFMP/AOD Customer Service Desk at contractorhelp@myfloridamarketplace.com or (866) 352-3776.

Pursuant to Section 287.057(24), F.S., all contractor payments could be assessed a Transaction Fee unless a qualifying exception exists pursuant to Rule 60A-1.031, F.A.C. and the Department has determined that payments made under this Contract are excepted from this Transaction Fee pursuant to Chapter 60A-1.031, F.A.C.

http://vendor.myfloridamarketplace.com/

FDC ITB-24-103 Page 17 of 39

5.5.3 Substitute W-9

The Florida Department of Financial Services requires all contractors to complete a Substitute Form W-9 electronically at https://flVendor.myfloridacfo.com. A list of frequently asked questions and related answers regarding this requirement can be found at https://flVendor.myfloridacfo.com/W-9%20faqs.pdf. Contractors requiring additional assistance may contact the Florida Department of Financial Services at 850-413-5519 or electronicsubstituteW-9@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 items within each Group for its Bid to be considered Responsive for that Group. The Vendor does not have to bid all Groups for their 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 Bids are received, and one (1) Bid 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 ubmitted by the 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 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 https://flvendor.myfloridacfo.com/casappsp/cw9hsign.htm https://flvendor.myfloridacfo.com/W-9%20faqs.pdf mailto:electronicsubstituteW-9@myfloridacfo.com

FDC ITB-24-103 Page 18 of 39 preference in the award process. A Vendor may certify it has implemented a drug-free workplace program by completing.

D) Per Section 287.082, F.S., whenever two (2) or more competitive sealed Bids are received, one (1) or more of which relates to commodities manufactured, grown, or produced within the State of Florida, 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.

E) Per Section 287.092, F.S., 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.

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 Section 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 the 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.

FDC ITB-24-103 Page 19 of 39

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

FDC ITB-24-103 Page 20 of 39

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 Development, to provide training on how to access its procurement opportunities.

The Office of Supplier Development 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 Protége Program, Vendors may visit the Office of Supplier Development’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 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, 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 http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/

FDC ITB-24-103 Page 21 of 39 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 insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of the Contract. This shall include, but is not limited to, worker’s compensation, general liability coverage, and property damage coverage. The Department must be included as an additional named insured on the Vendor’s Commercial General Liability and Automobile insurance policies related to 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. Upon execution of the Contract, the Vendor shall furnish the Department’s Contract Manager written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Vendor is a State agency or subdivision as defined in Section 768.28, F.S., the Vendor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any party's liability beyond that provided in Section 768.28, F.S.

6.5 PCard Payments

Upon mutual agreement between the Department and Vendor, the Vendor will accept and receive payments via PCard in the same manner it receives other Visa card purchases. To find out more about the State’s PCard program, Vendors may visit:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_ and_agreements/state_term_contracts/purchasing_card_services.

6.6 Special Conditions

6.6.1 Retention of Records and Documentation

A) Public Records Law

The Vendor agrees to (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this Chapter or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Vendor does not transfer the records to the Department;

and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Vendor or keep and maintain public records required by the Department to perform the service.