ITB CS 23 24 109_Draft_Final_.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB CS 23 24 109 Title: Flash Point Testers

Brittany Harvey, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

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

mailto:Bids@FDACS.gov

BID NUMBER: ITB CS 23 24 109

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for the outright purchase and delivery of two (2) automated flash point testers with a minimum of a ten (10) position autosamplers included. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a purchase order are conducted pursuant and subject to Chapter 287, Florida Statutes (F.S.), and Rule 60A-1, Florida Administrative Code (F.A.C.).

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

The Department intends to make a single award or to make no award, as determined to be in the best interest of the state.

1.2 Timeline

The table below contains the timeline of events for this solicitation. The dates and times within the Timeline are subject to change. Modifications by the Department will be issued by written addenda. It is the responsibility of the Vendor to check for any changes on the VIP. All required actions must be completed by the date and time indicated on the Timeline. All times listed are Eastern Time (ET).

EVENT DATE/TIME LOCATION

Release of ITB May 8, 2024 Vendor Information Portal

Last day for written Inquiries to be received by the Department May 15, 2024

Florida Department of Agriculture and Consumer Services

Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries May 17, 2024 Vendor Information Portal

Sealed Bids Due May 24, 2024

5:00PM

Florida Department of Agriculture and Consumer Services

407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Bids

May 28, 2024

9:30AM

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

Anticipated Posting of Recommended Award

June 3, 2024 Vendor Information Portal

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

https://vendor.myfloridamarketplace.com/search/bids

1.3 Public Opening

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

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

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

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact the Procurement Officer at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at (800) 955-8771 (TDD) or visit https://www.ftri.org/relay for assistance.

1.5 Mandatory Requirements

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

1.6 Conflicts and Order(s) of Precedence

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

1) Addenda, in reverse order of issuance;

2) ITB, including attachments;

3) PUR 1000, General Contract Conditions; and

4) PUR 1001, General Instructions to Respondents.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Technical Specifications

Each flash point tester must meet the requirements as stated in ASTM International Designation

D7094-23, Standard Test Method for Flash Point by Modified Continuously Closed Cup

(MCCCFP) Tester, and below:

1) Ensure sample temperature range of 0 ºC to 225 ºC.

2) Include an autosampler with a minimum of 10 sample positions.

3) Include an integrated cooling capabilities to maintain sample stability.

4) Have a minimum sample temperature stability of ±0.1 ºC.

5) Five-minute sample analysis completion.

6) Provide software for easy export of data to a LIMS system.

7) Have an automatic ignition cleaning system.

8) Have an automatic sample loading and ejection.

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

9) Include an internal instrument memory for test data storage.

10) Include the following interfaces:

o Ethernet/USB/RS232.

11) Power requirements of 110 V.

NOTE: The requirements above can be viewed and purchased at: https://www.astm.org/

2.2 Training

The vendor shall provide unlimited off-site technical support, and on-site training for designated lab personnel on instrument operation and maintenance. On-site training shall be provided at the following locations:

Division of Consumer Services Bureau of Standards

Tampa Petroleum Lab 4514 Oak Fair Blvd., Suite 140

Tampa, Florida 33610

Division of Consumer Services Bureau of Standards

Pompano Beach Petroleum Lab 1150 Martin Luther King Jr. Blvd Pompano Beach, Florida 33069

2.3 Estimated Quantities

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

2.4 Delivery Instructions

The Department is requesting two (2) separate delivery locations. Delivery of all items shall be to the:

Division of Consumer Services Bureau of Standards

Tampa Petroleum Lab 4514 Oak Fair Blvd., Suite 140

Tampa, Florida 33610

Division of Consumer Services Bureau of Standards

Pompano Beach Petroleum Lab 1150 Martin Luther King Jr. Blvd Pompano Beach, Florida 33069

Delivery must be no later than June 30, 2024. Bid pricing shall include all delivery, handling, and shipping charges (shipping charges shall include sufficient replacement insurance on the equipment in the event of damage during shipping), installation and set-up for a fully operational unit.

SECTION 3.0 INVITATION TO BID PROCESS

3.1 Advertisement

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

https://www.astm.org/

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001 are incorporated in this ITB by reference. Vendors are not required to return this document with its bid.

Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001, unless the conflicting term/condition is required by any section of the Florida Statutes, in which case the term/condition required by Florida Statutes shall take precedence. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB, as stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents, are not applicable.

3.3 Vendor Inquiries

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

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

Responses to written questions will be published on the VIP on or about the date referenced in the Timeline.

Procurement Officer:

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

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

THE SUBJECT LINE OF THE EMAIL**

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

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this ITB, the information will be published on the Vendor Information Portal as a written addendum. Any addenda issued in relation to this ITB shall thereby become part of the final bid specifications and requirements.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

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

3.5 MyFloridaMarketPlace (MFMP) Registration

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

(866) 352-3776.

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

• 41116300-Laboratory Flash Point Testers

3.6 Vendor Substitute W-9

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

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

3.7 Cost of Bid Preparation

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

3.8 Instructions for Bid Submittal

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

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered to:

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

2) Electronic (email/fax) submission of bids will not be accepted for the ITB.

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

4) It is the vendor’s responsibility to assure its bid submittal is delivered to the proper place https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com and time as stipulated in the Timeline.

5) Late bids will not be accepted.

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

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

3.9 Vendor Acknowledgement

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

Vendors must include Attachment A – Acknowledgement Form, with its bid response.

3.10 Price Sheet

Vendor shall complete, sign, date and return Attachment B – Price Sheet.

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

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

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

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

3.11 Vendor Generated Terms and Conditions

The Department objects to and shall not consider any different or additional terms or conditions submitted by a vendor, including any appearing in documents attached as part of a vendor’s bid.

In submitting a bid, the vendor agrees that any additional or different terms or conditions, whether submitted by the vendor intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a bid. Vendor’s failure to agree to or comply with the Department’s terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

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

3.12 Public Records

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

3.13 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the vendor or its agents or returned. The Department 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.

3.14 Bid Opening

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

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

3.15 Bid Evaluation

Bids that do not meet all requirements, specifications, terms, and conditions of this ITB or fail to provide all required information, documents, or materials may be rejected and deemed non-responsive.

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

IF THE DEPARTMENT DETERMINES, IN ITS SOLE DISCRETION, THAT THE CONDITIONS

OF THE BID DOCUMENTS ARE NOT COMPLIED WITH, OR THAT THE PRODUCT

PROPOSED TO BE FURNISHED DOES NOT MEET THE SPECIFIED REQUIREMENTS,

THE BID MAY BE REJECTED AND DEEMED NON-RESPONSIVE.

3.16 The Florida Based Business Preference

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

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

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

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

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

3.17 Basis of Award

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

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

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

3.18 Less Than Two Responsive Bids

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

3.19 Bid Rules for Withdrawal

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

3.20 Verbal Instruction Procedure/Discussions

The vendor shall not initiate or execute any negotiation, decision, or action arising from any verbal discussion with any State of Florida employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the state. Additionally, only written communications from a vendor are recognized as duly authorized expressions on behalf of the vendor. Any discussion by a vendor with any employee, or representative of the Department, involving cost or price information, occurring prior to the Department publishing the Notice of Agency Decision, may result in rejection of said vendor’s bid.

3.21 No Prior Involvement and Conflict of Interest

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

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

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

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

3.22 Scrutinized Companies and Prohibited Business Activities

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

When goods or services to be provided are $1 million or more, Section 287.135, F.S., requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List;

2) on the Scrutinized Companies with Activities in the Iran Terrorism Sectors, created pursuant to Section 215.473, F.S.; or 3) engaging in business operations in Cuba or Syria.

For a vendor’s bid to be considered responsive, Attachment C - Certification Regarding Scrutinized Companies Form, must be completed and included in its bid package. The list may be found at https://www.sbafla.com/reporting/. The Department may immediately terminate any contract, as a result of this bid, for cause if the contractor is found to have submitted a false certification.

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

Any vendor submitting a response to this ITB MUST execute the enclosed form FDACS-01522, Attachment D - Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with its bid. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

https://www.sbafla.com/reporting/

3.24 Identical Tie Bids

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

1) CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), F.S., if two (2) equal bids are received and one (1) bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Vendors must provide a copy of this certification in their bid response to receive this preference.

2) COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE OF FLORIDA

GIVEN PREFERENCE

Pursuant to Section 287.082, F.S., whenever two (2) or more competitive sealed bids are received, one (1) or more of which relates to commodities manufactured, grown or produced within the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within the State of Florida shall be given preference. Vendors must provide proof in their bid response to receive this preference.

3) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, F.S., whenever two (2) or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, vendors must complete and submit with its response Attachment E - Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program.

4) PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

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

5) FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

Pursuant to Section 295.187(4), F.S., a state agency, when considering two (2) or more bids, proposals, or replies for the procurement of commodities or contractual services, 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, shall award such procurement or contract to the certified veteran business enterprise. Proof of certification pursuant to Section 295.187(5), F.S., shall accompany the bid response. Failure to submit proof of certification will result in non-application of the preference.

3.25 Disqualification of Vendors

More than one (1) bid from an individual, firm, partnership, corporation, or association, under the same or different names, will not be considered. Reasonable grounds for believing that a vendor is interested in more than one (1) solicitation for the same work will cause the rejection of all bids in which such vendors are believed to be interested.

If there is reason to believe that collusion exists among the vendors, any or all bids will be rejected. No participants in such collusion will be considered in future procurements for the same work. Falsifications of any entry made on the vendor's offer will be deemed a material irregularity and will be grounds for rejection.

3.26 Rejection of Bids

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

3.27 Protest Procedures

Pursuant to Section 120.57(3), F.S., a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at:

The Holland Building 600 South Calhoun Street Tallahassee, Florida 32399

Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. Failure to file a protest within the time prescribed in Section 120.57(3), 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.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Purchase Order Terms and Conditions

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

4.2 Additional Quantities

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

https://forms.fdacs.gov/01341.pdf https://forms.fdacs.gov/01341.pdf

4.3 Warranty and Substitutions

A warranty is required on all items purchased against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria, for a period of not less than 90 calendar days from the date of acceptance by the purchaser. Delivery of substitute commodities requires prior written approval from the Department.

4.4 Damaged Commodities

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

4.5 MyFloridaMarketPlace Transaction Fee

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

4.6 Public Entity Crimes

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

4.7 Discrimination Statement

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

4.8 Antitrust Statement

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

4.9 Employment of Unauthorized Aliens

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

4.10 National Defense Authorization Act

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

4.11 Invoicing and Payment

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

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

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

4.12 Cooperation with the Inspector General

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

4.13 Vendor Ombudsman

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

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

4.14 Modifications after Purchase Order or Contract Execution

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

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

4.15 No Subcontracting

Contractor agrees that all services to be performed under any awarded contract shall be performed solely by the contractor and may not be subcontracted for or assigned without the prior written consent of the Department, which may be withheld by the Department for any reason or granted subject to contractor’s compliance with one (1) or more of the following: (i) Contractor purchasing, at its sole expense, a payment bond in a form and amount that the Department determines to be adequate to protect suppliers of labor and material; (ii) the Department withholding, as retainage, 25% or the highest percent permitted by law, whichever is less, of all payments made to the contractor until contractor submits evidence satisfactory to the Department that all subcontracts and outstanding indebtedness in connection with the services under any awarded contract have been paid for by the contractor; and (iii) contractor disclosing information satisfactory to the Department regarding each subcontractor to perform services under any awarded contract, including a description of the subcontractor’s organization, ability to provide applicable services, cost to perform applicable services, previous work experience, and relationship to the contractor. Contractor shall comply with all laws regarding prompt payment to subcontractors, including Section 287.0585, F.S.

4.16 Annual Appropriation

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

ATTACHMENT A

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICUTLUTRE

AND CONSUMER SERVICES

INVITATION TO BID

Agency Release Date:

Wednesday, May 08, 2024

SUBMIT BID RESPONSE TO:

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

FDACS BID Number:

ITB CS 23 24 109

Bid Due:

Friday, May 24, 2024; 5:00PM Bid Title: Flash Point Testers

Bid Opening Date and Time:

Tuesday, May 28, 2024; 9:30AM

**Vendor Name:

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

DBA ABC)

Vendor Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Typed Name and Title of Authorized Agent

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

Fax Number:

Email Address:

FEID Number:

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

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

PRIMARY CONTACT: SECONDARY CONTACT:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

ATTACHMENT B

PRICE SHEET

DESCRIPTION

(A)

UNIT PRICE

(B)

QUANTITY

(C)

TOTAL PRICE

(A x B = C)

Automatic Flash Point Tester as specified herein $___________ 2 $____________

By affixing signature to this PRICE SHEET, vendor agrees to honor the rate/total listed above and acknowledges any addenda (if applicable) contained in this Invitation to Bid.

VENDOR NAME:

SIGNATURE (MANUAL):

SIGNATURE (PRINTED):

*VENDOR PRINCIPAL PLACE OF BUSINESS:

*NOTE: If outside of the state of Florida, attach a written opinion of an attorney, per Section

287.084, Florida Statutes, and “THE FLORIDA BASED BUSINESS PREFERENCE” section of the bid document. Failure to submit this letter will result in disqualification of the bid.

ATTACHMENT C

Florida Department of Agriculture and Consumer Services Division of Administration

CERTIFICATION REGARDING SCRUTINIZED COMPANIES

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

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

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

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

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

I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the Company to civil penalties, attorney's fees and other penalties and consequences as provided by Section 287.135, Florida Statutes.

Signature of Authorized Representative: Date:

Certification Regarding Scrutinized Companies with Activities in Sudan and Iran Terrorism List

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

1. Is not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List.

The Scrutinized List of Prohibited Companies can be located on the State Board of Administration of Florida's website at

I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the Company to civil penalties, attorney's fees, and other penalties and consequences as provided by Section 287.135, Florida Statutes.

Signature of Authorized Representative: Date:

FDACS-01691 Rev. 11/23

WILTON SIMPSON

COMMISSIONER

ATTACHMENT D

Division of Administration

CERTIFICATION REGARDING LOBBYING;

DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS

FOR EXPENDITURE OF FEDERAL FUNDS LOBBYING

As required by 2 CFR 200, for persons entering into a contract, grant or cooperative agreement over $100,000 involving the expenditure of Federal funds, the undersigned certifies for itself and its principals that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal grant or cooperative agreement;

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and

(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers

(including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT / PURCHASE ORDER NUMBER

SIGNATURE OF REPRESENTATIVE / DATE

DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

As required by 2 CFR 200, for persons entering into a contract, grant or cooperative agreement over $25,000 involving the expenditure of Federal funds, the undersigned certifies for itself and its principals that:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State, or local) with commission of any offenses enumerated in paragraph (b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default; and

Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT / PURCHASE ORDER NUMBER

SIGNATURE OF REPRESENTATIVE / DATE

FDACS-01522 01/21

WILTON SIMPSON

ATTACHMENT E

Bureau of General Services

DRUG-FREE WORKPLACE PROGRAM - VENDOR CERTIFICATION

IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs.

Whenever two or more bids, which are equal with respect to price, quality and service, are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2)…