ITB 2526-039 Dairy Products FINAL.pdf

ITB 2526-039 Dairy Products for Tacachale Page 1 of 38

Invitation to Bid (ITB) Dairy Products for Tacachale

APD ITB 2526-039

Purchasing Contact: Tamara Harrington Agency for Persons with Disabilities 4030 Esplanade Way, Suite 280 Tallahassee, FL 32399

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RESPONDENT CERTIFICATION AND ACKNOWLEDGEMENT FORM

INVITATION TO NEGOTIATE (ITB) 2526-039

DAIRY PRODUCTS FOR TACACHALE

AGENCY FOR PERSONS WITH DISABILITIES

RESPONDENT INFORMATION

Official Company Name: ________________________________________________________________________________ Doing Business As (DBA), if applicable: ___________________________________________________________________ Federal Tax Identification Number (FEIN): __________________________________________________________________ Business Address: _____________________________________________________________________________________ Telephone Number: ______________________________ Email Address: ______________________________________

CERTIFICATIONS

By signing below, the Respondent certifies and affirms the following:

☐ Authorized Representative Certification - The individual signing this Bid is duly authorized to represent and legally bind the Respondent with respect to all matters contained in the Respondent's Bid and any subsequent negotiations or contractual obligations arising from this ITB.

☐ ITB Review and Compliance Certification - The Respondent has read, understands, and agrees to comply with all requirements, terms, conditions, and provisions contained in this ITB, unless modified through the negotiation process. By submitting a Bid, the Respondent agrees to the terms and conditions of this ITB notwithstanding any statement in the Bid to the contrary. The Agency and the Respondent may attempt to resolve any disagreements during negotiations.

☐ Authorization to Conduct Business in Florida - The Respondent certifies that it is currently authorized to conduct business in the State of Florida in accordance with the provisions of Chapter 607, Florida Statutes.

OR

☐ The Respondent certifies that authorization to conduct business in Florida will be obtained prior to Contract execution.

☐ MyFloridaMarketPlace Registration - The Respondent certifies that it is currently registered in MyFloridaMarketPlace (MFMP) as required by the State of Florida.

OR

☐ The Respondent certifies that registration in MyFloridaMarketPlace will be completed prior to Contract execution.

☐ Department of Financial Services W-9 Registration - The Respondent certifies that it has electronically registered a valid Form W-9 with the Florida Department of Financial Services (DFS).

OR

☐ The Respondent certifies that electronic W-9 registration with DFS will be completed prior to Contract execution.

Respondents may submit electronic W-9 forms through the Florida Department of Financial Services Vendor Portal at:

https://flvendor.myfloridacfo.com

For assistance, contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com.

CERTIFICATION AND SIGNATURE

I certify under penalty of perjury that the information provided herein is true, accurate, and complete and that I am authorized to execute this certification on behalf of the Respondent.

Authorized Representative (Printed Name): _______________________________________________________________ Title: _______________________________________________________________________________________________ Signature: ___________________________________________________________________________________________ Date: _______________________________________________________________________________________________

*The individual signing this form must have the authority to legally bind the Respondent.

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

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TABLE OF CONTENTS

SECTION 1: Definitions

SECTION 2: Instructions

SECTION 3: Contract Conditions

SECTION 4: Introduction

SECTION 5: Special Instructions

SECTION 6: Special Conditions

SECTION 7: Scope of Services

SECTION 8: Bid Format & Content

SECTION 9: Opening, Evaluation, and Award

ATTACHMENT I: Price Page

ATTACHMENT II: Deliverable Completion Date Form (Not Applicable to this solicitation)

ATTACHMENT III: References

ATTACHMENT IV: Subcontractor Listing Form

ATTACHMENT V: Identical Tie Certification Form

ATTACHMENT VI: Respondent Conflict of Interest Form

ATTACHMENT VII: Respondent Certifications (PUR 7801)

ATTACHMENT VIII: Additional Forced Labor Certifications (PUR 2024)

ATTACHMENT IX: Foreign Country of Concern Attestation (PUR 1355)

ATTACHMENT X: Statement of Non-Collusion

EXHIBIT A: APD PO Terms and Conditions

[Remainder of Page Left Blank Intentionally]

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SECTION 1: Definitions

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

A. Agency: The State of Florida, Agency for Persons with Disabilities referred to in this solicitation document as “the Agency”.

B. Business Day: Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to

5:00 p.m. Eastern Time.

C. Business Hours: Business Hours shall be a minimum of Monday through Friday, 8:00 a.m. to 5:00 p.m. in the applicable local time zone, excluding State of Florida observed holidays, unless otherwise specified in this solicitation or the resulting Contract.

D. Contract: The agreement between the Agency and awarded Respondent(s) resulting from this solicitation.

E. Contractor: The awarded Respondent that enters into a Contract with the Agency as a result of this solicitation.

F. Desirable Conditions: The use of the words “should” or “may” in this solicitation 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.

G. Individuals With Disabilities: Individuals who have a developmental disability as defined in section 393.063, Florida Statutes.

A developmental disability means a disorder or syndrome that is attributable to intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely.

H. Just-in-Time (JIT) Inventory : A supply and delivery method whereby products are furnished in quantities and at intervals that closely align with the Agency's operational needs and consumption rates, reducing the need for excess on-site inventory while ensuring product availability and continuity of operations

I. Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the Respondent to be responsive to this solicitation. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of a response. Any response rejected for failure to meet mandatory responsiveness requirements will not be further reviewed.

J. Material Deviations: The Agency 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 solicitation indicates a requirement or condition from which a material deviation may not be waived by the Agency. A deviation is material if, in the Agency’s sole discretion, the deficient response is not in substantial accord with this solicitation’s requirements, provides an advantage to one Respondents over other Respondents, has a potentially significant effect on the quantity or quality of items Bid, or on the cost to the Agency or otherwise adversely impact the Agency’s interest. Material deviations cannot be waived.

K. Minor Irregularity: A variation from the solicitation terms and conditions which does not affect the price of the Bid or give any Respondent an advantage or benefit over other Respondents or does not adversely impact the interests of the Agency.

L. Purchase Order: The Contract document issued by the Agency to the Contractor to procure goods and/or services.

M. Respondent: A legally authorized individual, organization, entity, partnership, corporation, or other business structure that submits a Bid in response to this Invitation to Negotiate (ITB) and is capable of providing the services and fulfilling the requirements described herein. The term "Respondent" includes any subcontractors, affiliates, or partners identified in the Bid as part of the proposed service delivery model.

N. Subcontractor: A person, business, for-profit organization, or nonprofit organization that enters into an agreement with the Respondent to perform specific services, functions, or responsibilities required under the resulting contract. The Respondent remains fully responsible for the performance, oversight, and compliance of all subcontractors utilized in the delivery of services under this program.

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O. Successful or Awarded Respondent: The Respondent selected by the Agency for Contract award following the evaluation and negotiation process. The Successful Respondent is the Respondent whose Bid is determined by the Agency to be the most advantageous and in the best interest of the state, considering all evaluation factors, negotiations, and other requirements set forth in this solicitation.

P. Vendor Information Portal: The State of Florida’s vendor registration, supplier diversity, and bidding system, through MyFloridaMarketPlace website developed in accordance with section 287.042(3), F.S.

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SECTION 2: Instructions

2.0 GENERAL INSTRUCTIONS TO RESPONDENT

This section contains instructions explaining the solicitation process and the actions necessary to respond. General Instructions to Respondent (Form PUR 1001 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the Respondent’s Bid. Form PUR 1001 may be accessed at:

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

In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes (F.S.), in which case the statutory requirements shall take precedence.

THE AGENCY HAS CHOSEN TO USE THE INVITATION TO BID (ITB) METHOD OF PROCUREMENT BECAUSE THE AGENCY IS ABLE TO DEFINE ITS REQUIREMENTS, SPECIFICATIONS, AND PERFORMANCE EXPECTATIONS WITH SUFFICIENT DETAIL TO PERMIT THE SUBMISSION OF RESPONSIVE BIDS. ALTHOUGH THIS ITB MAY USE MANDATORY TERMS SUCH AS "SHALL," "WILL," AND "MUST," AND MAY IDENTIFY CERTAIN PROVISIONS AS REQUIREMENTS, THE AGENCY RESERVES THE RIGHT TO WAIVE MINOR IRREGULARITIES OR MINOR DEVIATIONS IN ACCORDANCE WITH APPLICABLE LAW, RULE, AND THE TERMS AND CONDITIONS OF THIS ITB WHEN SUCH WAIVER IS DETERMINED TO BE IN THE BEST INTEREST OF THE STATE OF FLORIDA AND DOES NOT PROVIDE AN UNFAIR COMPETITIVE ADVANTAGE TO ANY BIDDER. THE AGENCY WILL REVIEW EACH BID TO DETERMINE WHETHER THE BIDDER HAS SUBMITTED A RESPONSIVE BID THAT MATERIALLY COMPLIES WITH THE REQUIREMENTS, SPECIFICATIONS, AND TERMS AND CONDITIONS OF THIS ITB. BIDS THAT FAIL TO ADDRESS MATERIAL REQUIREMENTS OR OTHERWISE CONTAIN MATERIAL DEVIATIONS MAY BE DETERMINED TO BE NONRESPONSIVE AND MAY BE REJECTED.

THE USE OF THE TERMS "SHALL," "WILL," AND "MUST" IN THIS ITB INDICATES MANDATORY REQUIREMENTS

UNLESS OTHERWISE EXPRESSLY STATED IN THE SOLICITATION.

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

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SECTION 3: Contract Conditions

3.0 GENERAL CONTRACT CONDITIONS

Standard terms and conditions that will apply to the Contract which results from the solicitation event are provided in this section.

General Contract Conditions (Form PUR 1000 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the Respondent’s Bid. Form PUR 1000 may be accessed at:

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

In the event of any conflict between the PUR 1000 form and any other Special Conditions, the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR form is required by any section of the F.S., in which case the statutory requirements shall take precedence.

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

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SECTION 4: Introduction

4.0 Intent

The Agency for Persons with Disabilities (hereinafter referred to as the “Agency”) is issuing this Invitation to Bid (ITB) to solicit Bids from qualified Respondents capable of providing and delivering dairy products to Tacachale. The selected Respondent shall furnish high-quality dairy products in accordance with applicable federal, state, and local regulations and shall ensure timely and reliable delivery to support the nutritional and dietary needs of Tacachale residents and operations. They shall maintain consistent product availability and quality standards throughout the term of any resulting contract.

4.1 Term and Renewal

The Contract is anticipated to begin upon execution and continue for a period of three (3) years. The Agency reserves the right to renew the Contract for one (1) additional three (3) year term. Any renewal shall be contingent upon satisfactory performance evaluations by the Agency, the availability of funds, and all applicable provisions of Florida law. Renewal of the Contract must be memorialized in writing and shall be subject to the same terms and conditions set forth in the original Contract unless otherwise agreed to in writing by the parties.

4.2 Background

The Agency for Persons with Disabilities (Agency) operates Tacachale, a residential facility, located at 1621 NE Waldo Road in Gainesville, FL that provides care, support, and services to individuals with disabilities. As part of its mission, Tacachale is responsible for ensuring that residents receive nutritious, well-balanced meals that meet applicable dietary requirements and support their overall health and well-being.

To support its food service operations, Tacachale requires a reliable source of high-quality dairy products for use in resident meals and dietary programs. Dairy products are an essential component of the facility's nutritional services and must be available in sufficient quantities to meet the daily nutritional needs of residents and support ongoing facility operations.

4.3 Agency Point of Contact

The Purchasing Contact is the Agency's sole point of contact for this solicitation. All communications regarding this solicitation shall be submitted in writing via email to Purchasing@APDcares.org.

Respondents and their representatives shall not contact any other Agency employee, officer, or representative regarding this solicitation, except as expressly authorized herein. Violation of the communication restrictions contained in Section 21 of the PUR 1001 may result in the rejection of a Bid.

The Agency's Purchasing Contact for this solicitation is:

Tamara Harrington Agency for Persons with Disabilities

4030 Esplanade Way, Suite 280 Tallahassee, Florida 32399-0950

Purchasing@APDcares.org

4.4 Timeline

The Agency established the following Timeline for this solicitation. Each Respondent must adhere to this Timeline and any revision(s) to it. All references to the “Timeline” herein refer to the Timeline in this section. All times below are Eastern Time (E.T.).

mailto:Purchasing@APDcares.org mailto:Purchasing@APDcares.org

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ITB 2526-039 DAIRY PRODUCTS FOR TACACHALE

Event Date Location (if applicable)

ITB Advertised July 24, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Deadline for Receipt of Technical Questions July 29, 2026 by 4:00p.m. ET

Submit via email to:

Purchasing@apdcares.org

Attn: Tamara Harrington Subject: ITB 2526-039 Dairy Products for Tacachale

Anticipated Date of Response to Technical

Questions August 4, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Bids Due August 18, 2026 at 10:00a.m ET

Attn: Tamara Harrington ITB 2526-039 Dairy Products for Tacachale

4030 Esplanade Way, Suite 280 Tallahassee, Florida 32399

Public Bid Opening August 18, 2026 at 10:30a.m ET

Tallahassee, Florida 32399

Conference Call #: 1-650-479-3208 Access code: 2539 415 4592

Anticipated Agency Decision

August 24, 2026

Vendor Information Portal

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5.0 Pre-Solicitation Conference: A Pre-Solicitation Conference Will Not Be Held.

5.1 Visitor’s Pass to the Agency for Persons with Disabilities

Each visitor to the Agency for Persons with Disabilities is required to sign in at the security desk in the main lobby. Please allow at least 15 minutes prior to the solicitation submission deadline when hand-delivering a Bid to the Purchasing Section.

5.2 Bid Questions and Answers

Any technical questions arising from this ITB should be sent, in writing, to the Purchasing Point of Contact identified in SECTION

4.3 AGENCY POINT OF CONTACT. The Agency's written response to written inquiries submitted timely by Respondents will be posted on the Florida Vendor Information Portal (VIP) at MyFloridaMarket Place Vendor Information Portal. (Click on “Search Advertisements” under the Florida Solicitation Advertisement section. On the next page, go to the “Organization” field and select “Agency for Persons with Disabilities” from the drop-down menu. Scroll to the bottom of the page and click “Search”.)

Click on this solicitation number to review posted documents. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a Response.

Only timely received written inquiries will be addressed by the Agency. Questions should be submitted to:

Purchasing@apdcares.org as specified in SECTION 4.4 TIMELINE.

5.3 Solicitation Protests/Notice of Rights

Pursuant to F.S., Section 120.57(3) (b):

Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking Bids, Proposals, or Replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and State holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph.

Section 120.57(3) (a) provides:

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.

Florida Administrative Code (F.A.C.) Rule 28-110.002(2) defines the term “decision or intended decision,” and includes the solicitation terms (and any addenda), the award of the Contract, and a rejection of all Bids.

At the time of filing the Formal Written Protest the protestor must also file a Protest Bond payable to the Agency in an amount equal to 1 percent of the estimated Contract amount. F.S., Section 287.042(2) (c) and F.A.C. Rule 28-110.005 contain further terms relating to the Protest Bond, including how to determine the estimated Contract amount. In lieu of a Protest Bond, the Agency will accept cashier’s checks, official bank checks or money orders. The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

The Notice of Protest, Formal Written Protest, and Protest Bond shall be filed with the Agency Clerk. A copy shall also be provided to the Agency Point of Contact identified in SECTION 4.3 AGENCY POINT OF CONTACT. Submission of a copy to the Agency Point of Contact does not constitute filing with the Agency Clerk.

Attn: Agency Clerk

4030 Esplanade Way, Suite 335, SECTION 5: Special Instructions https://vendor.myfloridamarketplace.com/ mailto:Purchasing@apdcares.org http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.HTM

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5.4 Addenda

No negotiations, decisions, or actions will be initiated or executed by a Respondent as a result of any verbal discussions with a state employee. Only those communications which are in writing from the Agency Point of Contact, will be consider as a duly authorized expression on behalf of the Agency until a Contract is awarded.

Notices of changes (addenda) will be posted on the VIP, under this solicitation number. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a Bid.

5.5 Modifications, Resubmittal, and Withdrawal

Respondents may modify submitted Bids at any time prior to the due date. Requests for modification of a submitted Bid shall be in writing signed by an authorized representative of the Respondent. Upon receipt and acceptance of such a request, the entire Bid will be destroyed and not considered unless resubmitted by the due date and time. Respondents may also send a change in a sealed envelope to be opened at the same time as the Bid. The ITB number, opening date and time should appear on the envelope of the modified Bid.

Unless specifically requested by the Agency, any amendments, revisions, or alterations to Bids will not be accepted after the closing for the receipt of Bids.

5.6 Restrictions on Communication with Agency Staff

Respondents should not communicate with any Agency staff concerning this ITB except for the Agency’s Point of Contact for this ITB. Only those communications which are in writing from the Bureau of General Services and Procurement shall be considered as a duly authorized response on behalf of the Agency. For violation of this provision, the Agency reserves the right to reject a Respondent’s Bid.

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

5.7 Confidential, Proprietary, or Trade Secret Material

The Agency takes its public records responsibilities as provided under Chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If Respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, Respondent should clearly mark and identify in its Bid those portions which are confidential, trade secret or otherwise exempt. Respondent should also simultaneously provide the Agency with a separate redacted copy of its Bid. This redacted copy should contain the Agency’s solicitation name, number, and the name of the Respondent on the cover, and should be clearly titled “Redacted Copy.” The Redacted Copy should be provided to the Agency at the same time Respondent submits its Bid to the solicitation and should only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. The Respondent should also provide one (1) electronic copy (USB) of their Redacted Copy. *See 8.2 Bid Format Instructions for USB requirements.

Respondent shall be responsible for defending its determination that the redacted portions of its Bid are confidential, trade secret or otherwise not subject to disclosure. Further, Respondent shall protect, defend, and indemnify the Agency for any and all claims arising from or relating to Respondents determination that the redacted portions of its Bid are confidential, proprietary, trade secret or otherwise not subject to disclosure.

If Respondent fails to submit a Redacted Copy with its Bid, the Agency is authorized to produce the entire documents, data or records submitted by Respondent in answer to a public records request for these records. Notwithstanding the foregoing, the Agency reserves the right to disclose any materials as public records unless it determines, in its discretion, that an exemption to disclosure applies to the record.

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Notwithstanding the foregoing, the Agency reserves the right to disclose all material that it determines, in its sole discretion, to be a public record under Florida law.

Public records request should be submitted to:

Attn: Agency Clerk

4030 Esplanade Way, Suite 335,

5.8 Poor Performance Notice

The Respondent should provide for both the Respondent and its employees, subcontractors, and subcontractor employees, copies of any and all documents regarding complaints filed, investigations made, warning letters or inspection reports issued, any notice of breach, notice of default, termination notice, suspension notice, or any disciplinary action initiated or taken under any Contract or job performance within the past seven (7) years. For each instance listed, provide a narrative summary of the Contract’s purpose and scope of work, the Respondent’s performance, including the concerns of the project owner, and any major adverse findings. In addition, provide the Contract or job number, the name of the owner, the term of the Contract, the name, address, and telephone number of the owner’s Contract Manager. Please also include any relevant documentation evidencing the performance issues.

The Agency reserves the right to seek further information on this matter from the Respondent or to make inquiries with the project owner. The information obtained from this review may be reflected in the Respondent’s score or used to declare the Respondent not a responsible vendor.

5.9 Withdrawal of a Bid

A Respondent may withdraw a Bid by written notice to the Agency on or before the deadline specified for the receipt of Bids in SECTION 4.4 Timeline. Such written notice is to be submitted to the Purchasing Contact assigned to this ITB.

5.10 Conditions to the Bid

No conditions may be applied to any aspect of the ITB by Respondents. Any conditions placed on any aspect of the Bid documents by a Respondent may result in the Bid being rejected as a conditional Bid. DO NOT WRITE CHANGES ON ANY ITB DOCUMENT. The only recognized changes to the ITB prior to Bid opening will be a written addenda issued by the Agency.

The Respondent recognizes the Agency’s right to ignore the condition and treat the Bid as if no condition exists.

5.11 Disclosure of Bid Contents

All documentation produced as part of this solicitation shall become the exclusive property of the State and may not be removed by the Respondent or its agents. All Bids shall become the property of the state and shall not be returned to Respondent. The Agency shall have the right to use any or all ideas or adaptations of the ideas presented in any Bid. Selection or rejection of a Bid shall not affect this right.

5.12 Award

As in the best interest of the State, the right is reserved to award to the responsive and responsible Respondent submitting the lowest responsive bid, or to award based on all or none, groups of commodities or services, or any combination thereof, as specified in this ITB. As in the best interest of the State, the right is reserved to reject any and/or all Bids or to waive any minor irregularity or minor technicality in Bids received in accordance with applicable law and the terms and conditions of this ITB.

Conditions which may cause rejection of Bids include, without limitation, evidence of collusion among Respondents, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or failure to comply with the material requirements of this ITB.

The Agency shall award the Contract with reasonable promptness by written notice to the responsive and responsible Respondent submitting the lowest responsive bid.The Notice of Intent to Award shall be posted in the MyFloridaMarketPlace Vendor Information Portal (VIP) System by the date stated in the Calendar of Events and Deadlines section of this ITB.

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SECTION 6: Special Conditions

6.0 Authorization to Do Business in the State of Florida

Foreign corporations and foreign limited partnerships should be authorized to do business in the State of Florida. Domestic corporations should be active and in good standing in the state of Florida. Such authorization and status should be obtained by the Bid due date and time, but in any case, must be obtained prior to Contract execution. For authorization, contact:

Florida Department of State

(850) 245-6053

6.1 Licensed to Conduct Services in the State of Florida

If the services being provided require that individuals be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such licenses should be obtained by the Bid due date and time, but in any case, must be obtained prior to Contract execution. For state licensing, contact:

Florida Department of Business and Professional Regulation

(850) 487-1395

6.2 Identical Evaluation of Bids

In the event that two (2) or more Bids are determined to be equal with respect to price, quality, and service, the Agency shall determine the order of award in accordance with Rule 60A-1.011, Florida Administrative Code (F.A.C.). Compliance with this requirement shall be certified through the execution and submission of Attachment V, Identical Tie Certification Form.

6.3 Disclosure Statement

This solicitation is subject to Chapter 112, Florida Statutes. Respondents shall disclose any actual, potential, or perceived conflicts of interest involving employees of the Agency for Persons with Disabilities in accordance with PUR 1001, Section 6.

Compliance with this requirement shall be certified through the execution and submission of Attachment VI, Respondent Conflict of Interest Form, with the Bid.

6.4 Women, Veteran, Minority-Owned Small Business Participation The Agency encourages participation by minority-owned, women-owned, service-disabled veteran-owned, and veteran-owned business enterprises in all Agency solicitations. Respondents claiming eligibility for a statutory preference in the event of an identical tie shall certify such eligibility through the execution and submission of Attachment V, Identical Tie Certification Form, with their Bid.

6.5 Subcontracting

The Contract or any portion thereof shall not be sub-contracted, except as permitted herein, or with the prior written approval of the Agency. No subcontract shall, under any circumstances, relieve the Contractor of its liability and obligation under this Contract; and despite any such subcontracting, the Agency shall deal through the Contractor, which shall retain the legal responsibility for performing the Contractor obligations.

The Respondent shall identify all subcontractors proposed to perform services under any resulting Contract, including any anticipated subcontract agreements known at the time of Bid submission and the estimated amount of each subcontract. The Respondent shall ensure that each proposed subcontractor possesses the qualifications, experience, resources, and capacity necessary to perform the services assigned under the subcontract. This information shall be provided through the completion and submission of Attachment IV, Subcontractor Listing Form, with the Bid.

The subcontractor(s) identified in the Respondent's Bid must be approved by the Agency for Persons with Disabilities (APD) prior to the delivery of services under the resulting Contract.

If the Respondent proposes to replace an approved subcontractor during the term of the resulting Contract, the Respondent shall submit a written request to the Agency Contract Manager identifying the proposed substitute subcontractor and explaining

ITB 2526-039 Dairy Products for Tacachale Page 14 of 38 the basis for the requested substitution. No subcontractor substitution shall be effective unless approved in writing by the Agency.

The Agency reserves the right to request additional information regarding any proposed subcontractor and to review the qualifications, experience, financial stability, and responsibilities of each subcontractor identified in the Bid. The Respondent shall remain fully responsible for the performance of all services provided under the resulting Contract, regardless of whether such services are performed directly by the Respondent or through a subcontractor.

In accordance with Executive Order No. 11-02, all subcontractors assigned to perform work under any resulting Contract shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all individuals assigned to perform work pursuant to the Contract. Compliance with this requirement shall be certified through the execution and submission of Attachment VII, Respondent Certifications.

6.6 Contractual Obligations

The APD PO Terms and Conditions is incorporated in this ITB as Exhibit A and will govern the relationship between the Agency and the Contractor. A Bid submitted by the successful Respondent(s) shall be incorporated into the final Contract(s)/PO. The terms and conditions of this ITB shall control notwithstanding any statement to the contrary by the Respondent.

6.7 Method of Payment

Compensation and payment will be made in accordance with the terms and conditions of the Contract.

6.8 Convicted Vendor List

In accordance with Rule 60A-1.006, Florida Administrative Code, a company placed on the Convicted Vendor List may not submit a Bid or be awarded a Contract to provide goods or services to the State of Florida. The Convicted Vendor List is maintained by the Florida Department of Management Services and is available on its website at Convicted Vendor List / Vendor Registration and Vendor Lists / State Agency Resources / State Purchasing / Business Operations - Florida Department of Management Services. Compliance with this requirement shall be certified through the execution and submission of Attachment VII, Respondent Certifications (PUR 7801), with the Bid.

6.9 Costs Incurred in Responding

This ITB does not commit the Agency or any other public agency to pay any costs incurred by the Respondent in the submission of a Bid or to make necessary studies or designs for the preparation thereof, nor to procure or Contract for any articles or services.

6.10 Submission of Bids by Subsidiaries or Affiliates

A Respondent, its subsidiaries, affiliates, or related entities is limited to one (1) Bid. Submission of more than one (1) Bid per activity by a Respondent may cause the rejection of all Bids submitted by the Respondent. In the alternative, the Agency may decide, in its sole discretion, which Bid to evaluate and consider. A subsidiary or affiliate of a prime Respondent may also be included as a subcontractor in another Respondent’s Bid.

6.11 Prohibition of Gratuities

By submission of a Bid, the Respondent certifies that no elected or appointed official or employee of the state of Florida has or will benefit financially or materially from this procurement. Any Contract arising from this procurement may be terminated by the Agency if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned officials or employees from the Respondent or its agents or employees.

6.12 Independent Price Determination

A Respondent shall not collude, consult, communicate, or agree with any other Respondent regarding this procurement as to any matter relating to the Respondent’s Bid.

6.13 Performance Bond

A Performance Bond is not required for this project.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list

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6.14 Participation in Future Stages of This Project

As stated in Chapter 287.057(17)(c) F.S.

A person who receives a Contract that has not been procured pursuant to subsections (1) through (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 vendor who responds to a Request for Information (RFI) from being eligible to contract with an agency. Compliance with this requirement shall be certified through the execution and submission of Attachment X, Statement of Non-Collusion.

6.15 Information Technology Requirements

Respondents submitting Bids to this solicitation should provide electronic and information technology resources in complete compliance with the accessibility standards required by Section 282.601-282.606, F.S., and Rule 60-8.002, F.A.C. These standards establish a minimum level of accessibility.

Contractors, providers, and partners employed by the Agency or acting on behalf of the Agency shall also fully comply with 60GG-2 Information Technology Standards.

6.16 Scrutinized Companies List

Section 287.135, Florida Statutes, requires that at the time a company submits a Bid or proposal for a Contract for goods or services of $1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes.

Bids of $1 million or more shall include Attachment VII Respondent Certifications (PUR7801) to certify the Respondent is not on either of those lists. The Form should be submitted with the Bid.

6.17 Scrutinized Companies – Termination

The Agency may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Certification for this requirement is found in Attachment VII Respondent Certifications (PUR7801).

6.18 Foreign Countries of Concern Attestation Form

In accordance with section 287.138, F.S., beginning on or after the dates provided in section 287.138(4), F.S., a Governmental Entity may not accept a Bid, proposal, or Bid for a Contract which would grant an entity access to an individual’s Personal Identifying Information unless the entity provides the Governmental Entity with an attestation by the entity on Form PUR 1355., This certification is included on Attachment VII Respondent Certifications (PUR7801).

6.19 Cooperative Purchasing

Subject to their respective governing laws and regulations, and with the agreement of the awarded Respondent, other governmental entities may be permitted to purchase commodities or services under the terms and conditions of this Invitation to Bid (ITB) and any resulting purchase order or contract.

The Agency shall not be a party to, or assume any liability for, any transaction between the awarded Respondent and any other governmental entity utilizing this solicitation or any resulting agreement.

Pursuant to Section 287.042(16), Florida Statutes, other State of Florida agencies may be authorized to purchase from any resulting contract if the Department of Management Services determines that such use is cost-effective and in the best interest of the State. Upon such approval, the awarded Respondent may, at its discretion, provide the commodities or services to those additional agencies under the same terms and conditions established herein.

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6.20 Indemnification and Damage to Property

The Contractor shall protect all Agency property from damage that may occur during or as a result of the performance of this ITB or any resulting Contract. The Contractor shall be responsible for any loss of or damage to Agency property caused by the Contractor, its employees, agents, representatives, or subcontractors and shall promptly repair or replace such property at no cost to the Agency.

The Contractor shall indemnify, defend, and hold harmless the Agency, the State of Florida, and their officers, employees, and agents from and against any and all claims, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorney's fees, for bodily injury, sickness, disease, death, or damage to tangible property arising out of or resulting from the performance of the Contract, but only to the extent caused by the negligent acts, errors, omissions, recklessness, or intentional wrongful misconduct of the Contractor, its employees, agents, representatives, or subcontractors.

6.21 MyFloridaMarketPlace (MFMP) Transaction Fee

The State of Florida, through the Department of Management Services (DMS), has instituted MyFloridaMarketPlace (MFMP), a statewide eProcurement system pursuant to Section 287.057(24), Florida Statutes (F.S.).

All payments issued by the Agency to registered vendors for purchases of commodities or contractual services under Chapter 287, F.S., shall be assessed the MyFloridaMarketPlace Transaction Fee of one percent (1.0%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, Florida Administrative Code (F.A.C.), or as may otherwise be established by law.

The awarded Respondent shall pay the Transaction Fee and is subject to automatic deduction of the Transaction Fee when automatic deduction becomes available. The awarded Respondent shall submit any reports required pursuant to Rule 60A- 1.031, F.A.C. All such reports and payments shall be subject to audit by the State or its designee.

The Agency shall have grounds to declare the awarded Respondent in default if the Respondent fails to comply with the payment of the Transaction Fee or reporting requirements, which may subject the Respondent to suspension from conducting business with the State of Florida.

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SECTION 7: Scope of Services

7.0 Scope of Services

7.1 Overview

The Agency seeks to competitively procure dairy products for Tacachale to support the facility's food service operations and the nutritional needs of its residents. The Respondent shall provide a variety of dairy products, including but not limited to milk, cheese, yogurt, butter, and other dairy-related items, in quantities necessary to support daily meal preparation and dietary requirements.

Dairy products furnished under this solicitation shall be fresh, wholesome, and compliant with all applicable federal, state, and local food safety regulations. The products provided are intended to support the health and well-being of Tacachale residents by ensuring the availability of nutritious dairy items that contribute to balanced meals and specialized dietary programs.

The successful bidder shall have all applicable licenses and/or permits with the State of Florida, and must comply with all applicable federal, state, and local rules and regulations pertaining to the storage, handling, transporting, and delivery of dairy products.

7.2 Delivery Requirements

The Respondent shall provide dairy products and related delivery services in accordance with the following requirements:

1) Delivery services shall include direct and inside delivery of all products furnished under the resulting contract. For purposes of this solicitation, "direct and inside delivery" means delivery of products beyond the receiving area and into the Agency's designated storage locations within the facility. Deliveries shall not be left unattended at loading docks, entrances, or other locations unless specifically authorized by the Tacachale Food Service Director or designee.

2) Deliveries shall be made to the Tacachale Food Service Department, located at 1621 NE Waldo Road, Gainesville, Florida 32609, through the food service building's rear loading dock entrance.

3) Unload, transport, place, arrange, and stock all delivered products in the designated cold storage, dairy storage, refrigeration, or other storage locations identified by Agency staff at the time of delivery.

4) Deliveries shall be made on Mondays, and Thursdays, or as otherwise specified by the Tacachale Food Service Director or designee, between the hours of 5:00 a.m. and 9:00 a.m., Eastern Time, excluding State of Florida holidays.

5) Deliver products in the quantities ordered and at the dates and times specified by the Agency. If the delivery schedule cannot be met, the Agency must be notified as soon as practicable, and delivery shall be made on or before a mutually agreed upon revised delivery date.

6) Maintain sufficient inventory levels and distribution capabilities to ensure timely and uninterrupted delivery of dairy products necessary to support Tacachale's food service operations.

7) Products shall be organized, stocked, and rotated in accordance with the Agency's product rotation requirements and the industry standard First In, First Out (FIFO) inventory management method. Products with the earliest expiration or "use by" dates shall be positioned for first use, and newly delivered products with later expiration dates shall be stocked behind or beneath existing inventory, as appropriate, to maintain proper stock rotation, maximize product freshness, and minimize waste. Failure to comply with these requirements may be considered non-performance under the resulting Contract.

8) Remove and retain possession of all empty milk crates, delivery containers, pallets, and other delivery-related materials generated or accumulated as part of the delivery process unless otherwise directed by Agency staff. The Agency shall not be responsible for the storage or disposal of such materials.

9) Storage, handling, transportation, and shipping temperatures shall comply with all applicable federal, state, and local laws, regulations, and food safety requirements governing dairy products.

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10) Deliveries shall be made in clean, enclosed vehicles maintained in a sanitary condition to prevent contamination of products. Delivery vehicles shall be equipped to maintain required temperatures and appropriate product segregation during transportation. The Agency reserves the right to inspect delivery vehicles for sanitation and temperature control compliance. Products delivered in unsanitary vehicles or vehicles incapable of maintaining required temperatures may be rejected without further inspection.

11) An itemized delivery ticket identifying all products delivered shall accompany each shipment.

12) Notify the Agency as soon as practicable of anticipated delivery delays, product shortages, or any circumstances that may affect its ability to fulfill an order and shall work with the Agency to identify acceptable alternatives when necessary.

7.3 Product Pricing Adjustment Requirements

The Agency recognizes that dairy product pricing may fluctuate during the term of the Contract. Therefore, the Contractor may request a price increase or decrease by submitting a written request to the Purchasing Office and the Tacachale Food Service Director or designee at least forty-five (45) calendar days prior to the requested effective date of the proposed price adjustment.

Price adjustments shall not become effective unless and until approved in writing by the Agency. To support any requested price increase or decrease, the Contractor shall submit an updated unit price list in Microsoft Excel format for review and approval by the Agency.