ITB-26-083 Laboratory Analysis Services.pdf

Invitation to Bid (ITB)

Laboratory Analysis on Water Treatment Plants, Wastewater Treatment Plants, and Groundwater Monitoring Wells

FDC ITB-26-083

Daniel Southerland, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500

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 Scope of Work

4.2 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 Attachment III – Certification of Drug-Free Workplace Program Attachment IV – Security Requirements for Contractors Attachment V – Foreign Country of Concern Attestation (PUR 1355) Attachment VI – Forced Labor Vendor Attestation (PUR 2024) Attachment VII – Pass/Fail Requirement Certification and Non-Collusion Certification Attachment VIII – Vendor Certification Form (PUR 7801) Attachment IX – Service Locations

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): Formal written Contract or purchase orders

(PO), including its attachments, modifications, and/or renewals, which may result from this ITB between the successful Vendor and the Department, and is mandatory for use by the entire Department.

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

1.3 Breach of Contract: A failure of the Contractor to perform services or provide commodities in accordance with the terms and conditions of any Contract which may result from this ITB.

1.4 Business Day: Days Monday through Friday, excluding State Holidays or other official closures.

1.5 Business Hour: Monday through Friday from 8:00 a.m. to 5:00 p.m., Eastern Standard Time (EST or ET), excluding State Holidays or other official closures, unless otherwise stated in this ITB or resulting Contract.

1.6 Contract Manager: The Department employee, or designee, who will serve as a liaison between the Contractor and Department under the Contract, and will monitor the Contractor’s progress and Contract performance to ensure the procured products and services conform to the Contract’s requirements.

1.7 Contractor: The successful Vendor(s) awarded a Contract to perform services or provide commodities to the Department.

1.8 Correctional Institution (Institution or CI): Any prison or other facility, temporary or permanent, in which Inmates are housed under the custody of the Department including main units, annexes, road prisons, work camps, forestry camps, community release centers, re-entry centers, and any other satellite facilities.

1.9 Corrective Action Plan (CAP): A Vendor’s written comprehensive plan to remedy deficiencies discovered in the course of Contract monitoring and/or discovered at any time during the term of the Contract.

1.10 Day: A calendar day, unless otherwise noted.

1.11 Deliverables: Those items, materials, and/or services provided, prepared, and delivered to the Department in the course of Contract performance.

1.12 Department or FDC: The Florida Department of Corrections.

1.13 Emergency Services: A situation, as determined by the Department, in which maintenance, repair, or any other contracted services are immediately required of the Contractor due to an issue occurring that may threaten the health and/or welfare of FDC Inmates and staff. Emergency service requests require immediate response by the Contractor during and after regular Business Hours, weekends, and holidays.

1.14 Holidays: Refers to State Holidays or other official closures.

1.15 Hour(s): Includes business hours and non-business hours.

1.16 Inmate: A person residing in a Correctional Institution who is incarcerated by the

Department.

1.17 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 or services bid, or on the cost to the Department.

1.18 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.

1.19 Non-Emergency Services: Any and all repair work that does not pose an immediate threat to health, safety, or property.

1.20 Prime Vendor: The Vendor that is responsible for the provision of all items, materials, and/or services and is accountable for all terms and conditions of the Contract.

1.21 Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the

Visa platform.

1.22 Purchase Order (PO): A legal form issued to the Contractor through MyFlorida MarketPlace Ariba On Demand (MFMP AOD), which is used by the Department to make purchases under the Contract.

1.23 Region: The Department’s four (4) geographical regions: Region 1 (the Panhandle), Region

II (North Florida), Region III (Central Florida), and Region IV (South Florida).

1.24 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.

1.25 Responsive Bid: A Bid submitted by a Responsible Vendor that conforms to all material aspects of this ITB.

1.26 Service Location(s): Any Correctional Institution receiving commodities or services as a result of the Contract.

1.27 State: State of Florida.

1.28 Subcontract: An agreement entered into by the Contractor with any other person or organization to perform any obligation or duty on behalf of the Contractor specifically related to securing or fulfilling the Contractor’s obligations to the Department under the terms of the Contract resulting from this ITB. Subcontracts do not relieve the Contractor of any obligation or duty under the resultant Contract and shall not serve as a replacement for the Contractor in the performance of that Contract.

1.29 Subcontractor: An individual, firm, or corporation that holds a contract with the Contractor or any other Subcontractor.

1.30 Vendor: A legally qualified individual, corporation, partnership, or other business entity submitting a Bid to the Department in response to this ITB.

[Remainder of Page Left Blank Intentionally]

SECTION 2: Introduction

2.1 Overview

The Department is seeking to purchase certified laboratory analysis services at water treatment plants, wastewater treatment plants, and groundwater monitoring wells for Correctional Institutions throughout the State. Previously, the Department procured these services through Contract numbers ATC-17-023, ATC-17-024, and ATC-17-025.

2.2 ITB Timeline

The Department has 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. Vendors are solely responsible for monitoring the Vendor Information Portal (VIP) website for addenda relative to this ITB. All references to the “Timeline” herein refer to the Timeline in this Section. All times below are Eastern Time (E.T.).

Event Occurrence Location (if applicable)

ITB Advertisement Date October 1, 2026 Vendor Information Portal (VIP) https://vendor.myfloridamarketplace.com/

Deadline for Vendors to Submit

Questions and Requests to bid Equivalent Items

(if applicable)

October 15, 2026, by 5:00 p.m., Eastern

Time

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Daniel Southerland Subject: ITB-26-083

Laboratory Analysis on Water Treatment Plants, Wastewater Treatment Plants, and Groundwater Wells Anticipated Date the

Department will Advertise its

Responses to Vendors’ Questions

November 17, 2026 VIP https://vendor.myfloridamarketplace.com/

Bid Deadline and Time of the Department’s

Public Bid Opening

December 15, 2026, at 2:30 p.m., E.T.

Florida Department of Corrections Attn: Daniel Southerland

FDC ITB-26-083

Laboratory Analysis on Water Treatment

Plants, Wastewater Treatment Plants, and Groundwater Wells 501 S. Calhoun Street

Tallahassee, FL 32399-2500

Anticipated Date the Department will

Advertise the Award Decision

January 2027 VIP https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com

SECTION 3: Key Information

3.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the Department has approximately 24,000 full-time employees, incarcerates approximately 89,000 Inmates, and supervises nearly 145,000 offenders in the community. The Department’s Office of Institutions manages 143 facilities statewide, including major Correctional 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 certified laboratory analysis services at water treatment plants, wastewater treatment plants, and groundwater monitoring wells, as specified in this ITB, under federal and State regulatory guidelines for Correctional Institutions throughout the State. The Department is issuing this ITB to establish one or more new Contracts. Service locations may be found in Attachment IX, Service Locations, of this ITB.

3.2.1 ITB Modifications

Once the Department advertises this ITB on the VIP, any changes necessary to supplement, modify, or revise any portion of its contents, including exhibits, attachments, or any other materials, will be advertised as an addendum to this ITB on the VIP. Interested parties are solely responsible for monitoring the VIP website for addenda relative to this solicitation.

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 five (5) years. The awarded Contract(s) may be renewed for up to five (5) additional years, 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.

3.3.2 Invoicing Requirements

a) In accordance with Section 215.422, F.S., the Contractor shall provide a single invoice detailing all applicable fees, including labor, materials, and parts.

b) All Invoices shall be on the Contractor’s company letterhead and must include the Contractor’s name, mailing address, Federal Employer Identification Number (FEIN), Contract number, and PO number. The dates of service shall be outlined on the invoice, as well as labor for services and repairs, materials, parts, and incidentals. Invoices shall detail services performed, including the facility name, physical location, and a description of services completed. The Contractor shall provide supporting documentation with each invoice, including parts and materials, as well as employee time records. All documents must be in English.

c) Invoices shall be submitted within 30 Days following the completion of each service. Invoices not submitted within 30 Days will require written justification from the Contractor and approval from the Department.

d) The Contractor shall provide the Department with a monthly invoice statement reflecting all paid and unpaid invoices.

3.3.3 Substitutions

Upon Contract execution, the Contractor(s) shall provide only the services listed in Attachment I, Price Sheet, and all services must be pre-approved by the Department. Services provided without prior approval shall be at the Contractor’s expense and may lead to termination of the Contract.

3.3.4 Addition/Deletion of Services or Service Locations

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

3.3.5 Subcontracts

The awarded Vendor or Contractor is fully responsible for all work performed under the Contract. With prior written consent from the Department, the Contractor may enter written Subcontracts to fulfill its Contract duties as indicated in this ITB. A Contractor 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 Contractor enters for the performance of its duties under the Contract shall in any way relieve the Contractor 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 Contractor, including requirements regarding background checks and other security measures.

The Department will only pay the Contractor for deliverables provided under the Contract. The Contractor shall make all payments to Subcontractors within seven

(7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. The Department shall not be liable to any Subcontractor for any expenses incurred under a subcontract. The Contractor assumes sole responsibility for all expenses and liabilities incurred under a Subcontract. If the Contractor fails to pay the Subcontractor within seven (7) Business Days, the Contractor shall pay the penalty to the Subcontractor in the amount of one-half (1/2) of one percent (1%) of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

All Subcontracts shall comply with Department 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 the Inspector General;

o Cooperation with the Florida Senate and the Florida House of

Representatives;

o E-Verify; and 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.

SECTION 4: Statement of Work

4.1 Scope of Work

The Contractor(s) shall provide laboratory services at Water Treatment Plants (WTPs), Wastewater Treatment Plants (WWTPs), and groundwater monitoring wells at facilities throughout the State, as specified by the Department and detailed in Attachment I - Price Sheet, which reflects the requirements for the services sought. The Vendor must bid only on the services specified in this ITB. The services sought in this ITB will be considered deliverables in the Contract.

4.1.1 Description of Services

The Contractor shall be responsible for providing services that include, but may not be limited to, the following:

a) Samples shall be analyzed according to current acceptable methodologies to the Environmental Protection Agency (EPA), Florida Department of Environmental Protection (FDEP), and the Florida Department of Health (FDOH). The necessary analytical work must be performed by an FDOH- and National Environmental Laboratory Accreditation Conference (NELAC)-certified lab. All analyses must be performed by the Contractor in its facilities, by its personnel.

b) The Contractor may Subcontract specific chemical analyses, if necessary, to complete the analyte lists for each Institution. All subcontracted laboratories shall be certified by the FDOH, FDEP, or EPA for the method used to complete the analyses. All subcontracted analyses will be detailed in the Bid submission.

c) The Department may request testing of an individual parameter or a set of parameters.

Vendors shall submit a current unit price for analysis of all individual parameters as indicated on Attachment I – Price Pages, for each Region for which they are submitting a Bid.

d) Schedule of services are estimates as reported by the Institutions. The Department does not guarantee any minimum or maximum number of samples under this Contract. All original samples must be retained by the Contractor under holding conditions that will allow for testing to be repeated until all analyses are completed.

e) If any parameter exceeds the Maximum Contaminant Level (MCL) or permit limit, the original sample shall be retested for that parameter. If the re-test confirms the original test, the Department will pay for both tests. If the re-test indicates compliance with the MCL or permit limit, the Department will pay only for the re-test, not for the original test. Any parameter that exceeds the MCL or permit limit shall be clearly flagged on the report, in a manner approved by the Department, and requires immediate notification to the Department’s WWTP Operator.

f) The Bidder should track previous results for each parameter, and any parameter that exceeds the previous results by 20 % will require immediate notification to the Lead Operator of the WTP or WWTP and the Department’s Regional Engineer.

g) The Department routinely provides personnel to perform field sampling, except for sampling for Giardia, Cryptosporidium, Per- and Polyfluoroalkyl Substances (PFAS), and the Monitoring Wells. The Contractor shall provide pre-assembled sampling kits to the

Department’s Operator, for each site, consisting of required bottles, containers, vials, packing, recording document forms, and an ice cooler.

h) All containers supplied to hold samples for transportation to the laboratory shall be pre-cleaned and sealed, or accompanied by a certification stating that the containers are sterile, free of contaminants, and appropriate for the required analyses. The kits shall also contain special sampling equipment that may be required for any sampling.

i) Sample containers shall be provided with appropriate preservatives for the specific parameters to be sampled during the sampling event. Volatile Organic Compound (VOC) vials shall be new. All collection containers shall be cleaned to prevent interference with good laboratory analytical practices. Sampling kits shall be provided to the Department within 48 hours of the submission of a request. The Contractor will schedule analysis sampling requirements with the Institution to be sampled.

j) Immediate notification to the Department’s WWTP Operator via phone and email is required whenever parameters exceed the MCL or fall outside acceptable permit limits.

k) Routine analyses shall be performed on a daily, weekly, bi-weekly, monthly, quarterly, bi-annual, or annual basis, as appropriate. All routine analytical results shall be reported within 10 Business Days from the time of pick-up, or within a period mutually agreed between the Contractor and the Department in a written request prior to sample collection, with the exception of the coliform analysis Bac-T testing. Positive results for coliform analysis and Bac-T testing shall be reported immediately via phone, and in no event later than 24 hours after the positive result. A follow-up to the positive result shall be emailed within 10 Business Days. Negative results shall be reported within 10 Business Days. All results must be reported by email to the Department’s WWTP Operator and the Contract Manager. All non-routine analytical results shall be reported to the Department’s WWTP Operator by email within a period mutually agreed upon between the Contractor and the Department in a written request prior to sample collection.

l) Reports and custody records shall be on required forms accepted by EPA, FDEP, and the FDOH. If the Department requires the results to be supplied on disk, the Bidder shall supply the information in an acceptable format on disk. Results must reflect the same compound name as required by FDEP forms. Copies of FDEP forms are to be supplied by the Department. Results must show current Method Detection Limits (MDLs) and MCLs, as per FDEP regulations and the active permits for each Institution.

m) A copy of the chain of custody form, for all samples, will be left with the Department’s Operator at the Institution when samples are picked up by the Contractor.

n) The Contractor shall provide cleaning reagents for sampling equipment, if necessary.

o) The Contractor shall be on-site or otherwise appropriately respond to acknowledge receipt and change of custody of laboratory samples for analysis within four (4) hours of receiving an Emergency Services call from the Department.

p) The Contractor shall immediately perform laboratory analysis under emergency conditions as determined by the Department and provide verbal analytical results to the Department by telephone immediately upon completion of sample analysis, but under no circumstances later than 24 hours after receiving laboratory samples from the Department. Follow-up written analytical results shall be provided to the Department’s designee and the Department’s Contract Manager within two (2) hours of providing verbal results.

q) Rates for Emergency Services shall be specified in Attachment I, Price Sheet.

4.1.2 Minimum Qualifications

Each Vendor that submits a Bid must be certified by the FDOH to perform all required analyses, or must clearly indicate that they will secure the services of a subcontractor who is certified to perform all required analyses. A copy of all applicable certifications must be submitted with the Bid. The Vendor shall perform only test methods for which it currently holds NELAC certification. The Contractor shall also submit a copy of its current FDOH analyte sheet. The Contractor must immediately notify the Department whenever they are unable to perform the required test method due to NELAC certification issues or for any other reason.

4.1.3 Contractor Responsibilities

The Contractor shall provide all of the necessary skilled labor, equipment, tools, materials, incidentals, and professional services, and obtain any licenses, permits, and inspections required to successfully perform the tasks and services outlined in this ITB, which are identified as Contractor responsibilities for the purposes of the resultant Contract:

a) Sample Pickup

The Department’s staff will collect all samples, except the Giardia, Cryptosporidium, and Monitoring Well samples. The Contractor shall be responsible for, and shall include in their bid price, all costs associated with the collection of Giardia, Cryptosporidium, and Monitoring Well samples, field time, pick-up, and/or transportation by U.S. Mail or courier service, for all the samples, and the specimen containers. The Contractor will be required to establish a sampling plan in conjunction with the Department to obtain all necessary samples in compliance with the various institutions’ permits and the FDEP rules. The Contractor will need to work closely with the Department’s Operator at each Institution to schedule the sample collection and pick-up.

b) Sample Analysis

All original samples must be retained by the Contractor under holding conditions that will allow for testing to be repeated until all analyses are completed. If any parameter exceeds the MCL or permit limit, the original sample shall be retested for that parameter. If the retest confirms the original test, the Department will pay for both tests. If the re-test indicates compliance with the MCL or permit limit, the Department will pay only for the re-test, not for the original test. parameter that exceeds the MCL or permit limit shall be clearly flagged on the report, in a manner approved by the Department, and requires immediate notification to the Department’s WWTP Operator. The Contractor should track previous results for each parameter, and any parameter that exceeds the previous results by 20 percent will require immediate notification to the Lead Operator of the WTP or WWTP and the Department’s Regional Engineer.

The Department routinely provides personnel to perform field sampling, except for sampling for Giardia, Cryptosporidium, and the Monitoring Wells. The Contractor shall provide pre-assembled sampling kits to the Department’s Operator for each site, consisting of the required bottles, containers, vials, packing, record-keeping forms, and an ice cooler. All containers supplied to hold samples for transportation to the laboratory shall be pre-cleaned and sealed, or accompanied by a certification stating that the containers are sterile, free of contaminants, and appropriate for the required analyses. The kits shall also contain special sampling equipment that may be required for any sampling. Contractor shall provide containers with appropriate preservatives for the specific parameters to be sampled during the sampling event.

Volatile Organic Compound (VOC) vials shall be new.

All collection containers shall be clean to prevent interference with good laboratory analytical practices. Sampling kits shall be provided to the Department within 48 hours of the request's submission. The Contractor will schedule analysis sampling requirements with the Institution to be sampled. Immediate notification to the Department’s WWTP Operator via phone and email is required whenever parameters exceed the MCL or fall outside acceptable permit limits. All analytical results shall be reported within seven (7) days from the time of pick-up, with the exception of the coliform analysis, which shall be reported within 24 hours, by email to the Department’s WWTP Operator. Reports and custody records shall be on required forms accepted by EPA, FDEP, and the FDOH. If the Department requires the results to be supplied on disk or USB thumb drive, the Bidder shall supply the information in an acceptable format on disk or USB thumb drive.

Results must reflect the same compound name as required by FDEP forms. Copies of the FDEP form are to be supplied by the Department. Results must show current MDLs and MCLs, as per FDEP regulations and the active permits for each Institution. A copy of the chain of custody form, for all samples, will be left with the Department’s Operator at the Institution when samples are picked up by the Contractor.

The Contractor shall provide cleaning reagents for sampling equipment, if necessary. The Contractor shall be able to respond immediately, within one (1) hour, 24 hours a day, under emergency conditions, as identified by the Department. This is to include immediate analysis under conditions of acute violations and imminent health risks. The Contractor shall provide transportation for samples and containers, ensuring compliance with all holding times required by FDEP and FDOH regulations.

c) Quarterly Summary Report

The Contractor shall provide the Contract Manager a report of all Contract services performed by the 30th Day following each calendar quarter (March, June, September, and December). Quarterly reports must provide, at a minimum, the 1) total number of service hours performed during the quarter, 2) total dollar value of services performed during the quarter, 3) total number of parts and materials provided during the quarter, and 4) total dollar amount invoiced for all items sold during the Contract term to date.

The Department may, at its sole discretion, develop a format for the Contractor to use in reporting the information above. The Contractor shall utilize any format developed by the Department for this purpose. The Contractor’s failure to provide a quarterly report within 30 Days following the end of a Quarter shall result in the assessment of financial consequences as indicated in Section 4.2 Performance Measures and Financial Consequences.

4.1.4 Emergency Service Calls

A qualified technician must be on-site to assess an emergency situation within four

(4) hours of the Contractor receiving an Emergency Service call from the Department, or within a timeframe mutually agreed upon with the Department.

Hourly labor rates for Emergency Services must be as specified in Attachment I, Price Sheet.

4.1.5 Quality Assurance

All services must be performed skillfully and to the highest quality industry standards. The Contractor shall regularly monitor to ensure service projects are completed in compliance with all applicable federal, State, and local regulations within agreed-upon timeframes and services are performed to the quality standards required by the Department as outlined in this ITB.

4.1.6 Service Delivery

The Contractor shall provide Laboratory Analysis on Water Treatment Plants, Wastewater Treatment Plants, and Groundwater Wells for the Correctional Institutions listed in Attachment IX Service Locations –, in accordance with this ITB.

Services must be provided 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 herein or on a subsequent PO.

4.1.7 Minimum Order

There will be no minimum order of services under the Contract.

4.2 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. Financial consequences shall not exceed the total Contract amount.

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 Contractor 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 Contractor’s control. For the Department to approve the request, the Contractor must not have contributed to the failed expectation in any manner. The Department does not waive its ability to assess financial consequences by allowing the delivery of an item(s) or completion of services after the time allowed. Nothing in this Section shall limit the Department’s right to pursue other remedies available at law or in equity.

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-

The Contractor shall ensure Emergency Service calls are responded to and completed in accordance with Section 4.1.4.

Emergency Service calls must be responded to within four (4) Hours or within a mutually agreed-upon timeframe

Per Hour

$50 per Hour the Contractor is late beyond four (4) Hours or after the agreed upon timeframe.

PM-

The Contractor shall provide analytical results within ten

(10) Days. Section

4.1.1 (k)

Analytical results will be provided within seven (7) Days from the time of sampling, with the exception of the coliform analysis, which shall be reported within

24 hours. All results will be emailed to the Department’s WWTP Operator.

Per Month

$15.00 per month the report is not provided in the time and manner specified.

PM-

The Contractor shall submit an a

Quarterly Summary Report in accordance with Section 4.1.3.c

A Quarterly Summary Report shall be submitted to the Department’s

Contract Manager or designee within 30

Days following each Quarter.

Per Day

$15.00 per Day the quarterly summary report is received after the 30th Day.

PM-

The Contractor shall ensure all services initiated from the

Contract are completed in accordance with Section 4.1.3.

Services shall be completed on the same Day they begin or upon a mutually agreed-upon timeframe.

Per Day

10% of the invoice amount per Day a project is completed following the Day services begin or after the agreed-upon timeframe.

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_reso urces/state_purchasing_pur_forms.

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

5.2 Vendor Questions

Interested Vendors may email questions relating to this ITB to the Procurement Officer listed below by the deadline in the ITB Timeline. Verbal inquiries and 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 32399-2500 Telephone: (850) 717-3700 Email: purchasing@fdc.myflorida.com

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

In accordance with Section 287.057(25), F.S., “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 leglislative 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 response.”

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) Business Days before any Bid opening or public meeting. Persons who are deaf, hard-of-hearing, deaf-blind, or speech-disabled may contact the Bureau of Procurement by using the Florida Relay Service at 1-800-955-8771 (TTY/ASCII).

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

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

5.3 Vendor Ombudsman

A Vendor Obudsman 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 DFS 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. Vendors are solely responsible for monitoring the VIP website for addenda relative to this ITB. Neither the Department nor the State of Florida is liable for any costs incurred by a Vendor in response to this ITB.

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

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

b) Bids must be submitted in a sealed envelope/package with FDC ITB-26-083, Laboratory Analysis on Water Treatment Plants, and Groundwater Wells, 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 must 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. If one (1) original hard copy Bid and one (1) electronic Bid copy are not submitted as outlined in this section, the Bid will be deemed non-Responsive.

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 Contractor 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.

5.4.1 Mandatory Documentation

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

a) Attachment I - Price Sheet;

b) Attachment II - Vendor’s Contact Information;

c) Attachment III - Certification of Drug-Free Workplace Program (if applicable);

d) Attachment IV - Security Requirements for Contractors;

e) Attachment V - Foreign Country of Concern Attestation (PUR 1355);

f) Attachment VI - Forced Labor Vendor Attestation (PUR 2024);

g) Attachment VII - Pass/Fail Requirement Certification and Non-Collusion

Certification;

h) Attachment VIII - Vendor Certification Form (PUR 7801); and

i) One (1) original hard Bid copy and one (1) electronic Bid copy in searchable

PDF format on a USB flash drive.

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. Vendors are solely responsible for monitoring the VIP website for addenda relative to this solicitation. 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 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.

5.4.4 Bid Contents

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

5.4.5 Bid Withdrawal

After submission, a Vendor may withdraw its Bid by submitting a written request to the Procurement Officer. A Vendor’s request to withdraw their Bid must originate from the email of their duly authorized representative or be signed by their duly authorized representative. The Department must receive such requests within 72 hours of the Public Bid Opening Date indicated in the Timeline.

If multiple Bids are received from the same Vendor, and the Vendor has not withdrawn one (1) of its Bids, then the Department will only evaluate the Vendor’s Bid received last.

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

5.5 Other Vendor Requirements

5.5.1 State Licensing Requirement

All entities defined under Chapters 605, 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 MyFloridaMarketPlace (MFMP) /Ariba On Demand (AOD) Registration

Each Vendor or Contractor doing business with the State for the sale of commodities or contractual services as defined in Section 287.012, F.S., shall register in the MFMP VIP unless exempted under Rule 60A-1.033, F.A.C. State agencies shall not enter into an agreement for the sale of commodities or contractual services, as defined in Section 287.012, F.S., with any Vendor not registered in the VIP system, unless exempted by Rule. A Vendor not currently registered in the VIP system shall do so within five (5) Days of award. Registration can be completed at http://vendor.myfloridamarketplace.com. For assistance with registration, Vendors may contact the MFMP/AOD Customer Service Desk at (866) 352-3776 or by email at VendorHelp@myfloridamarketplace.com.

Pursuant to Section 287.057(24), F.S., all Vendor payments shall be assessed a Transaction Fee unless a qualifying exception exists pursuant to Rule 60A-1.031, http://vendor.myfloridamarketplace.com/

F.A.C., and the Department has determined that payments made under the Contract are excepted from this Transaction Fee.

MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services, has instituted MFMP, a statewide eProcurement system pursuant to section 287.057(24), Florida Statutes (F.S.). All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) 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. Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A- 1.031, F.A.C. All such reports and payments are subject to audit. The Agency will have grounds for declaring the Vendor in default if the Vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the Vendor to being suspended from business with the State of Florida.

5.5.3 Substitute W-9

The Florida Department of Financial Services (DFS) requires all Contractors to complete a Substitute W-9 Form 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. Vendors requiring additional assistance may contact the DFS at (850) 413-5519 or by email at FLW9@myfloridacfo.com.

5.6 Public Bid Opening

Bids are due and will be publicly opened at the time, date, and location specified in the Timeline. The Department will not accept or consider Bids received after the Bid Deadline.

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

5.7 Bid Evaluation

5.7.1 Basis of Award

The Department intends to issue an award to the Responsible Vendor(s) who submits a Responsive Bid with the lowest Grand Total per Region, as evidenced in Attachment I, Price Sheet. Vendors do not have to bid on all four (4) Regions for their Bid to be considered Responsive; however, they must Bid on all items listed within a single Region for their Bid to be considered Responsive.

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

https://flvendor.myfloridacfo.com/W-9%20faqs.pdf mailto:FLW9@myfloridacfo.com

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 shall award a Contract to the certified minority business enterprise in accordance with Section 287.057(12), F.S.

Minority Business Certifications submitted 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 preference in the award process.