ITB-DEM-24-25-019 ASL Interpertation Services.pdf

State of Florida Division of Emergency Management

Solicitation Type: Invitation to Bid Title: American Sign Language Interpretation Services Solicitation No.: ITB-DEM-24-25-019

Tara Walters, Procurement Officer 2555 Shumard Oak Blvd.

Tallahassee, Florida 32399-2100 Tara.Walters@em.myflorida.com 850-815-4606

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.

Any protest concerning this agency decision or intended decision must be timely filed with the Division of Emergency Managements’ Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Division of Emergency Management, Office of the General Counsel, Attention: Agency Clerk, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399 -2100. Protests may also be filed by email at DEM-Legal@em.myflorida.com. It is the filing party's responsibility to meet all filing deadlines. The Procurement Officer should be copied on such filings.

mailto:Tara.Walters@em.myflorida.com mailto:DEM-Legal@em.myflorida.com

TABLE OF CONTENTS

1 INTRODUCTION

1.1 Timeline of Events

1.2 Definitions

1.3 Objective

1.4 Scope of Work

1.5 Term

1.6 Procurement Officer

1.7 Order of Precedence for Solicitation

1.8 Office of Supplier Development

1.9 Agency’s Rights to Reject Bids

2 THE ITB PROCESS

2.1 Question Submission

2.2 Addenda to the ITB

2.3 Public Opening

2.4 Special Accommodations

2.5 Mandatory Responsive Requirements

2.6 Equal Bids

2.7 Basis of Award

2.8 Electronic Posting of Notice of Intent to Award

2.9 Contract Formation

2.10 Other Requirements Following Award

2.10.1 Registration with the Florida Department of State

2.10.2 Florida Substitute Form W-9

2.10.3 Florida Division of Emergency Management Enterprise Solution ………………….10

3 RESPONDING TO THE ITB

3.1 General Instructions

3.2 Special Instructions

3.3 Convicted, Discriminatory, Antitrust and Forced Labor Vendor List

3.4 Bidder’s Representation and Authorization

3.5 Performance Qulaifications

3.6 Firm Response

3.7 Clarifying Information

3.8 Public Records ………………………………………………………………………………...14

3.9 Protests …………………………………………………………………………………………15

3.10 Modification or Withdrawal of Bid .…………………………………………………………15

3.11 Cost of Bid Preparation ………………………………………………………………………15

3.12 Independent Preparation …………………………………………………………………….16

3.13 False or Erroneous Information …………………………………………………………….16

3.14 ITB Attachments ……………………………………………………………………………….16

1 INTRODUCTION

1.1 Timeline of Events

The table below contains the Timeline of Events for this solicitation. Bidders shall become familiar with the Timeline of Events. The dates and times within the Timeline of Events may be subject to change. It is the responsibility of the Bidder to check for any changes on the Vendor Information Portal (VIP). All changes to the Timeline of Events will be made through an addendum to the solicitation. Bidders are responsible for submitting all required documentation by the dates and times specified below (Tallahassee, Florida local time). The Agency will not consider late submittals.

Timeline of Events - Action/Location Event Date Event Time (Eastern Time)

Solicitation issued by the Agency. Electronically posted:

https://vendor.myfloridamarketplace.com/

5/13/2025 TBD

Deadline for receipt of Written Questions to the Procurement Officer via email. 5/20/2025 11:00am

Agency’s anticipated posting of answers to Bidder’s questions on the VIP. 5/23/2025 11:00am

Deadline to submit Bid and Mandatory Responsive Requirements to the Procurement Officer. 5/29/2025 3:00pm

Public Opening 1-888-585-9008, Room # 527-059-248 5/29/2025 3:30 pm

Anticipated Post Notice of Intent to Award on the VIP. 6/06/2025

TBD

https://vendor.myfloridamarketplace.com/

1.2 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment B, Enterprise Standard Terms and Conditions are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this ITB document. All definitions apply in both their singular and plural sense.

Agency – The Florida Division of Emergency Management (FDEM).

Bid – The document(s) submitted by a Bidder in response to this ITB.

Bidder – A vendor who submits a Bid to this ITB.

Business Day – Monday through Friday, inclusive, from 8:00 a.m. to 5:00 p.m. Eastern Time, except for those holidays specified in section 110.117, F.S.

Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

Contractor – A Vendor that enters into a Contract with the Agency.

Customer – The Florida Division of Emergency Management.

Eligible User – As defined in Rule 60A-1.001, F.A.C.

State – The State of Florida.

Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier diversity, and Bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myf loridamarketplace.com.

1.3 Objective

The Florida Division of Emergency Management (hereinafter referred to as “Agency” or “FDEM”) is seeking qualified Vendors to provide in-person American Sign Language (ASL) interpretation services statewide. The resulting contracts, and any purchases made may only be used by FDEM or the Executive Office of the Governor ("EOG") for gubernational press briefings in emergency-related contexts, including but not limited to during a State of Emergency declared by the Governor of Florida.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2F&data=05%7C01%7CNicole.Walker%40dms.fl.gov%7Cd38a3a6eff994d8181eb08db23fcb675%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638143340533516786%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=bawWG1kiSF9B%2FuvjOVIaeISbWDXkUETlOGDnzvbL0RI%3D&reserved=0

1.4 Scope of Work

Any Bidder awarded a Contract under this ITB shall provide commodities and/or contractual services as described in the Attachment A, Scope of Work.

1.5 Term

The initial term will begin on the execution date of the Contract and shall be for three (3) years, unless terminated earlier in accordance with the Contract conditions. Initial term pricing must remain identical from year one through year three. The Contract may be renewed in whole or in part for up to an additional three (3) years. The Contract may only be renewed in accordance with section 287.057(14), Florida Statutes. If the contract is renewed, it will be renewed at the same initial term pricing rates. Contracts will be issued with no guaranteed quantity of requested materials, services, or contract renewal. The use of this contract is wholly dependent upon the needs of the Agency.

1.6 Procurement Officer

In accordance with section 21 of the PUR 1001, incorporated by reference below, the Procurement Officer is the sole point of contact for this ITB. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Bid. The contact information for the Procurement Officer is:

Tara Walters Purchasing Director, Division of Emergency Management 2555 Shumard Oak Blvd.

Tallahassee, FL 32399-2100 Phone: 850-815-4606 Email: Tara.Walters@em.myflorida.com

****ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT LINE OF THE EMAIL****

1.7 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this ITB, the conflict will be resolved in the following order of priority (highest to lowest):

a) Addenda to ITB, if issued (in reverse order of issuance)

b) Attachment A, Scope of Work

c) Attachment B, Pricing Sheet

d) Attachment C, Draft Contract

e) This ITB document

f) Other ITB attachments

1.8 Office of Supplier Development

The State of Florida supports its business community by creating opportunities for business enterprises to participate in procurements and contracts. The Agency encourages supplier development through certain certifications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDHelp@dms.fl.gov.

The Office of Supplier Development’s Mentor-Protégé Program connects certified businesses with private business entities for business development mentoring. The Agency strongly encourages Vendors doing business with the State to consider becoming a Mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Development at 850-487-0915 or by email at: OSDhelp@dms.f l.gov.

mailto:Tara.Walters@em.myflorida.com mailto:OSDHelp@dms.fl.gov mailto:OSDhelp@dms.fl.gov

1.9 Agency’s Rights to Reject Bids

The Agency may reject any Bid not submitted in the manner specified by this solicitation.

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

Bidders whose Bids, references, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as not responsible. The Agency reserves the right to determine which Bids meet the requirements of this solicitation and which Bidders are responsive and responsible. The Agency is placing vendors on notice of the prohibitions against considering social, political, or ideological interests in government contracting contained in section 287.05701, F.S.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Agency still reserves the right to waive any minor irregularity if the Agency determines that it is in the best interest of the State to do so.

A deviation from a requirement or condition is material if, in the Agency’s discretion, it provides a substantial advantage to one Bidder over another or has a potentially significant effect on the quality of the Bid or on the cost to the State.

2 THE ITB PROCESS

2.1 Question Submission

Bidders are strongly encouraged to ask questions regarding the BID including attachments and the proposed Contract terms and conditions. Questions must be submitted in writing via email to the Procurement Officer by the date and time reflected in the “Timeline of Events” section.

The Division’s written response to written inquiries submitted timely by Bidders will be posted via an Addendum to the MyFloridaMarketPlace Vendor Information Portal (VIP) at:

https://vendor.myfloridamarketplace.com/ by the date and time in the “Timeline of Events” section.

The Agency is not obligated to revise the solicitation or attachments.

The Agency requests that questions contain the solicitation number in the subject line of the email.

The Questions and Answers Addendum will become part of the solicitation. Questions will not constitute formal protest of the specifications of the solicitation.

Questions are requested to be submitted in the following format:

BID Section or Attachment Name and Page Number Question

2.2 Addenda to the ITB

The Agency reserves the right to modify this solicitation by addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on VIP. It is the Bidder’s responsibility to check VIP for any changes throughout the solicitation process and prior to submitting a Bid.

2.3 Public Opening

Bids will be opened, and the names of Bidders will be announced at a public meeting on the date and at the location indicated in the Timeline of Events section. Bidders are not required to attend.

In accordance with section 119.071(1)(b), F.S., the Agency will not provide other information https://vendor.myfloridamarketplace.com/ regarding the received Bids at the public opening.

2.4 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at 850 -922-7535 or the Procurement Officer identified in this solicitation at least 5 business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at 800-

955-8771 (TDD).

2.5 Mandatory Responsive Requirements for Administrative Review The Agency will perform an initial responsiveness check. Bids found to be non-responsive will not be considered for an award. The Agency reserves the right to act upon information discovered during and after the initial responsiveness check, impacting the responsibility or responsiveness of the Bid or Bidder.

Each Vendor shall submit a Bid that meets all material requirements of this ITB. Material requirements are those without which adequate analysis and comparison of Bids is impossible, or those that affect the competitiveness of the Bid. FDEM seeks to maximize competition and reserves the right to seek clarification or conduct a cure process from responding Vendors to obtain non-material information to complete a responsiveness review. Bids which do not meet all mandatory requirements of this solicitation as listed below will not be considered unless, at FDEM’s discretion, the discrepancy does not prevent review of the Bid by FDEM and can be easily and quickly remedied. Failure of a Vendor to provide an original/completed form or certification in the Bid submission or timeframe as provided by FDEM will cause a Vendor to be deemed Non-Responsive and therefore disqualified from further consideration.

A. Required Forms The following requirements must be met by the responding Vendor for the Bid to be considered responsive to this solicitation; however, this is not an exhaustive list of mandatory requirements.

• Attachment B – Completed Price Sheet

• Form 1 – Vendor Acknowledgement

• Form 2 – PUR7801 Vendor Certification

• Form 3 – PUR1355 Foreign Countries of Concern Attestation

• Form 4 – Subcontractors (if applicable)

• Form 5 – PUR2024 Use of Coercion-Forced Labor

• Form 6 - In State Preference

• Form 7 - Addendum Acknowledgement (only if applicable)

• Form 8 – Certification of Drug-Free workplace

• Proof of Certified Minority Business Enterprise Certification (if applicable)

• One (1) electronic copy of Bidder’s submission via Flash Drive (USB)

Bids which do not meet all mandatory requirements of this solicitation, including the submission of all required information, will be rejected as non-responsive. A non-responsive Bid may include, but is not limited to, those which:

• Fail to utilize, complete, and/or submit the mandatory prescribed forms.

• Fail to meet all mandatory requirements.

• Include terms and conditions contrary to the requirements of this Bid.

• Failure to include original authorized signatures.

• Are not in conformance with the requirements and instructions contained herein.

IF FDEM DETERMINES IN ITS SOLE DISCRETION THAT THE CONDITIONS OF THE BID

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

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

REJECTED AS NON-RESPONSIVE.

Price Evaluation

FDEM will take the following steps upon opening Bids:

B. Confirm the Bid is submitted using the Attachment B, Price Sheet.

C. Confirm the Bid includes a Fixed Price per item.

D. Confirm the prices are clear and unambiguous E. Check the arithmetic of the Bid price and conduct a Clarification Request for any computational or transfer errors noted F. When evaluating Bid responses to solicitations where there is identical pricing or a pricing preference, FDEM shall determine the order of award in accordance with sections

287.057 (11), 287.082, 287.084, 287.087 and 287.92, Florida Statutes.

Certified Minority Business Enterprises Pursuant to section 287.057(12) F.S., if two (2) equal Bids are received and one Bid is from a Certified Minority Business Enterprise as defined in section 288.703 Florida Statutes, FDEM must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their Bid Response. Vendors may contact the DMS, Office of Supplier Development to obtain information, or visit the Florida Certified Business Enterprises webpage:

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

In-State Preference (Form 6) Pursuant to the requirements of section 287.084(1)(a), Florida Statutes, if the lowest responsible and responsive Bid is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, the Agency will award a preference to the lowest responsible and responsive Bidder having a principal place of business within Florida, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive Bidder has its principal place of business.

If the lowest Bid is submitted by a Bidder whose principal place of business is located outside the state, and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive Bidder having a principal place of business in this state will be five percent.

A vendor whose principal place of business is outside this state must accompany any written Bid 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

Certification of Drug Free-Workplace (Form 8) To be considered for the drug-free workplace program preference, Bidders must provide certification that it has implemented a drug-free workplace program in accordance with section

287.087 Florida Statutes. Submission of Form 8 is not required as a matter of Bid responsiveness, but is a precondition of eligibility for this preference.

2.6 Equal Bids

In the event that there is no multiple award contemplated in the ITB, and the Agency receives equal Bids eligible for award, the Agency will comply with the following, as applicable: sections 287.057(12),287.082, 287.087,287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd to clarify the Bidders’ status with regard to the applicable statutory preference requirements, the Agency may request information from Bidders with equal eligible Bids. A Bidder will not be permitted to amend or supplement its Bid in response to such request for clarification.

2.7 Basis of Award

The Contract will be awarded to the responsive and responsible Bidder(s) that submits the lowest Bid(s) per Region. The Agency reserves the right to issue up to a total of two awards per Region to the lowest responsive and responsible Bidders. Bidders are not required to submit pricing for all Regions; however, if the Bidder would like to receive an award in multiple Regions, the Bidder must provide pricing for each Region which it would like to be considered for an award.

The Agency will consider the total cost of the required fields for the initial and renewal term of the Contract, as submitted by the Bidder in Attachment B, Price Sheet.

The Agency reserves the right to award multiple Contracts or to award Contracts for all or part of the work contemplated by this solicitation. The Agency reserves the right to reject all Bids. The Agency reserves the right to award Contract(s) to the next lowest responsive Bid(s) from responsive and responsible Bidder(s) to this solicitation if the Agency cannot execute a Contract with a Bidder that was awarded a Contract through this solicitation.

2.8 Electronic Posting of Notice of Intent to Award

The Agency will electronically post a Notice of Intent to Award on VIP and in the Business Network in accordance with the Timeline of Events of this ITB. The Notice of Intent to Award will remain posted for a period of 72 hours, not including Saturdays and Sundays or State holidays, as specified in section 110.117, F.S.

2.9 Contract Formation

An award does not imply execution of a Contract. No contract shall be formed between a Bidder and the Agency until both parties sign the Contract. The Agency shall not be liable for any work performed before the Contract is effective.

The Agency intends to enter into the Contract(s) with Bidder(s) pursuant to the Basis for Award section of this solicitation. No additional documents submitted by a Bidder shall be incorporated in the Contract. If any additional documents are submitted by the Bidder, the additional documents will not be considered for the Basis for Award.

2.10 Other Requirements Following Award

2.10.1 Registration with the Florida Department of State

If awarded a Contract, the Bidder shall provide a PDF file of its current and active registration with the Florida Department of State prior to execution of a Contract or, if exempt from registration, a statement to that effect noting the basis for the exemption.

Bidders should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. For additional information, please visit https://dos.myf lorida.com/sunbiz/.

2.10.2 Florida Substitute Form W-9

It is the responsibility of the awarded Bidder to complete a Florida Substitute Form W-9 prior to execution of a Contract. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit https://f lvendor.myf loridacf o.com/.

https://dos.myflorida.com/sunbiz/ https://flvendor.myfloridacfo.com/

2.10.3 Division of Emergency Management Enterprise Solution (DEMES) The Agency has adopted an electronic platform for doing business (requesting quotes, issuing PO’s and reviewing/approving invoices). Awarded Contractors are required to register for a DEMES account and utilize the platform. Please visit the DEMES home page for additional DEMES resources and registration information:

https://www.fdemportal.com/vendors/s/login.

3 RESPONDING TO THE ITB

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (10/06), is incorporated by reference and is accessible at https://www.dms.myf lorida.com/content/download/2934/11780/ PUR_ 1001_General_Instructions_to_Respondents.pdf .

3.2 Special Instructions

Pursuant to Rule 60A-1.002, Florida Administrative Code, the State of Florida General Instructions to Bidders (PUR 1001) are hereby referenced and incorporated in their entirety to this ITB. Bidders are instructed to read this document in its entirety. There is no need to return this document to FDEM. FDEM instructions to Bidders contained within this ITB supersede any conflicting instructions contained in the PUR1001.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions _to_Res pondents.pdf

The following paragraphs do not apply to this Invitation to Bid:

• Paragraph 3, Electronic Submission

• Paragraph 4, Terms and Conditions

• Paragraph 5, Questions

The Agency will not accept any unrequested terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response or hyperlinked therein. In submitting its Bid, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

3.3 Convicted Vendor, Discriminatory Vendor, Antitrust Violator, and Forced Labor Vendor Lists.

a. Convicted Vendor List.

Pursuant to section 287.133, F.S., 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, 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 in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY TWO for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., 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 https://www.fdemportal.com/vendors/s/login https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf 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.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., 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.

d. Forced Labor Vendor List.

Pursuant to section 287.1346, F.S., a company placed on the Forced Labor Vendor List may not submit a bid, proposal, or reply on a contract to provide commodities to an agency; be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities ; or transact business for the provision of commodities with an agency . Additionally, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with a company on the forced labor vendor list, or an entity under the control of such company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list pursuant to section 287.1346(5)(d), F.S.

3.4 Bidder’s Representation and Authorization.

In submitting a Bid, each Bidder certifies that it understands, represents, and acknowledges the following:

a. The Bidder is not currently under suspension or debarment by the State or any other governmental authority.

b. The Bidder currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

c. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Bid.

d. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Bidder or potential Bidder;

neither the prices nor amounts, actual or approximate, have been disclosed to any other Bidder or potential Bidder, and they will not be disclosed before the solicitation opening.

e. The Bidder has fully informed the Agency in writing of all convictions of the Bidder, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the Bidder and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.).

This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

f. Neither the Bidder nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or in a position involving the administration of federal funds:

• Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; 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; or has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

g. The products and services offered by the Bidder conform to the specifications contained herein without exception.

h. The Bidder has read and understands the terms and conditions listed in the Draft Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Bidder, the Bidder agrees that it will execute the Draft Contract.

j. The Bidder has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Bid, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Bid.

k. The Bidder shall indemnify, defend, and hold harmless the Agency, Customer, and their employees against any cost, damage, or expense which may be incurred or be caused by the Bidder’s Bid (including any errors therein).

l. All information provided by, and representations made by, the Bidder are material and important and will be relied upon by the Agency in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Agency and Customers of the true facts relating to submission of the Bid. A misrepresentation may be punishable under law.

The Agency reserves the right to deem the Bidder non-responsive or non- responsible based on any information provided in, or omitted from, the Bidder’s Bid related to the certifications of this section.

3.5 Performance Qualifications.

The Customer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by the Vendor meet the Contract requirements. Vendor shall at all times during the Contract term remain responsive and responsible. In determining a Vendor’s responsibility, FDEM shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Vendor’s capability to fully satisfy the requirements of the solicitation and the Contract.

A Vendor must be prepared, if requested, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product Bid. If FDEM determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, FDEM may reject the response or terminate the Contract. A Vendor may be disqualified from receiving awards if Vendor, or anyone in Vendor’s employment, has previously failed to perform satisfactorily in connection with public Bidding or contracts.

This paragraph shall not mean or imply that it is obligatory upon FDEM to make an investigation either before or after award of the Contract, but should FDEM elect to do so, a Vendor is not relieved from fulfilling all Contract requirements.

3.6 Firm Response.

The Agency intends to make an award within 60 days after the date of the opening, during which period Bids shall remain firm and shall not be withdrawn. If award is not made within 60 days, the Bid shall remain firm until the Agency enters into a Contract or the Agency receives from the Bidder written notice that the Bid is withdrawn.

3.7 Clarifying Information.

The Agency may request, and Bidder shall provide, clarifying information or documentation.

Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

3.8 Public Records.

Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Bids are public records and are subject to disclosure unless exempt from disclosure by law. If the Bidder considers any portion of its Bid to be Confidential Information, the Bidder is to mark the document as “confidential” and simultaneously provide the Agency with a separate, redacted copy of its Bid. For each portion redacted, the Bidder is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Bidder is to provide its name and the Agency’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Bidder claims are Confidential Information are to be redacted.

In accordance with section 119.071(1)(b), F.S., Bids are exempt from production in response to public records requests until such time as the Agency provides notice of an intended decision or until 30 days after opening the Bids, whichever is earlier. After that time, the Agency will provide the redacted copy, if any, in response to a public records request. If the Bidder fails to mark a record it claims contains Confidential Information as “confidential,” or fails to submit a redacted copy in accordance with this section of a record it claims contains Confidential Information, the Agency shall have no liability for release of such record. The foregoing will apply to every instance in which the Bidder fails to both mark a record “confidential” and redact it in accordance with this section, regardless of whether the Bidder may have properly marked and redacted the same or similar Confidential Information in another instance or record submitted to the Agency.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are responsive, the Agency will provide the redacted copy to the requestor. If the Bidder has marked a record as “confidential” but failed to provide a redacted copy to the Agency, the Agency may notify the Bidder of the request and the Bidder may have up to ten (10) Business Days from the date of the notice to provide a Bidder- redacted copy, or else the Agency may release the unredacted record to the requestor without liability. If a requestor asserts a right to the redacted Confidential Information, the Agency will notify the Bidder such an assertion has been made. The notice will provide that if the Bidder seeks to protect the Bidder-redacted Confidential Information from release it must, within thirty (30) days after the date of the notice and at its own expense, file a cause of action seeking a declaratory judgment that the information in question is exempt from section 119.07(1), F.S., or other applicable law and an order prohibiting the Agency from publicly disclosing the information. The Bidder shall provide written notice to the Agency of any cause of action filed. If the Bidder fails to file a cause of action within thirty (30) days the Agency may release the unredacted copy of the record to the requestor without liability.

If the Agency becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, (whether by oral questions, interrogatories, requests for information or documents, subpoena, or similar process), unless otherwise prohibited by law, the Agency will give the Bidder notice of the demand or request prior to disclosing any Confidential Information to allow the Bidder to seek a protective order or other appropriate relief at the Bidder’s sole discretion and expense. If the Bidder fails to take appropriate and timely action to protect the materials it has designated as Confidential Information or fails to provide a redacted copy that may be disclosed, the Agency will provide the unredacted materials to the requester.

By submitting a Bid, the Bidder agrees to protect, defend, and indemnify the Agency for all claims, costs, fines, settlement fees, and attorneys’ fees, at both the trial and appellate levels, arising from or relating to the Bidder’s determination its records contain Confidential Information. In the event of a third-party claim brought against the Agency for failure to release the Bidder’s redacted Confidential Information, the Bidder shall assume, at its sole expense, the defense or settlement of su ch claim, including attorney’s fees and costs at both the trial and appellate levels. If the Bidder fails to continuously undertake the defense or settlement of such claim or if the Bidder and the Agency mutually agree that the Agency is best suited to undertake the defense or settlement, the Agency will have the right, but not the obligation, to undertake the defense or settlement of such claim, at its discretion.

The Bidder shall be bound by any defense or settlement the Agency may make as to such claim, and the Bidder agrees to reimburse the Agency for the expense, including reasonable attorney’s fees and costs at both the trial and appellate levels associated with any defense or settlement that the Agency may undertake to defend Bidder’s Confidential Information. The Agency will also be entitled to join the Bidder in any third-party claim for the purpose of enforcing any right of indemnity under this section.

If at any point the Agency is reasonably advised by its counsel that disclosure of the Confidential Information is required by law, including but not limited to Florida’s public records laws, the Agency may disclose such Confidential Information without liability hereunder.

If a Vendor fails to submit a redacted copy with its Bid as described herein, FDEM is authorized to produce the entire document(s), data or records submitted by the vendor.

The ITB and the Successful Vendors Bid will be incorporated into the contract.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT: FLORIDA DIVISION OF EMERGENCY

MANAGEMENT, PUBLIC RECORDS OFFICER, (850) 815-4156,

2555 SHUMARD OAK BLVD., TALLAHASSEE, FL 32399.

Pursuant to section 287.058(1)(c), Florida Statutes, the Division may unilaterally cancel a contract if the vendor refuses to allow public access to all non-exempt documents, papers, letters, or other material made or received by the contractor in conjunction with the contract.

3.9 Protests

Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the solicitation, including questions to the Procurement Officer, will not constitute formal notice of a protest.

3.10 Modification or Withdrawal of Bid

Bidders are responsible for the content and accuracy of their Bids. A Bidder may modify or withdraw its Bid in the Business Network at any time prior to the Bid due date and time set forth in the ‘Timeline of Events’ section.

3.11 Cost of Bid Preparation

The costs related to the development and submission of a Bid are the full responsibility of the Bidder and are not chargeable to the Agency.

3.12 Independent Preparation

A Bidder shall not, directly, or indirectly, collude, consult, communicate, or agree with any other Bidder as to any matter related to the Bid each is submitting. Additionally, a Bidder shall not induce any other Bidder to modify, withdraw, submit, or not submit a Bid.

3.13 False or Erroneous Information

A Bidder who submits false or erroneous information may be deemed non-responsive and not awarded a Contract. If the Bidder’s Bid is found to contain false or erroneous information after Contract award, the Contract may be terminated, and the Agency may pursue any other legal action available.

3.14 ITB ATTACHMENTS

Attachment A, Scope of Work Attachment B, Price Sheet Attachment C, Draft Contract Attachment D, PUR 1000 General Contract Conditions Form 1 – Vendor Acknowledgement Form 2 – PUR7801 Vendor Certification Form 3 – PUR1355 Foreign Countries of Concern Attestation Form 4 – Subcontractors Form 5 – PUR2024 Use of Coercion-Forced Labor Form 6 - In State Preference Form 7 - Addendum Acknowledgement (only if applicable) Form 8 – Certification of Drug-Free workplace