ITB2303 -Hearing Protection Devices.pdf

FLORIDA DEPARTMENT OF LAW

ENFORCEMENT

INVITATION TO BID

Acknowledgement Form

Page 1 of 17 pages SUBMIT REPLY TO:

Florida Department of Law Enforcement Office of General Services Telephone Number: (850) 410‐7300

Agency Release Date:

Tuesday, January 10, 2023

Solicitation Number:

FDLE ITB 2303

Solicitation Title: Hearing Protection Devices

Bids are Due:

Tuesday, January 31, 2023 @ 3:00PM

EST

Bid responses shall be binding until execution of a Purchase Order with the successful Bidder.

**Bidder Name:

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

XYZ, Inc. DBA ABC)

Bidder Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Authorized Signature (Type), Title

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

Fax Number:

Email Address:

FEID Number:

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

BIDDER 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:

FDLE ITB 2303

Section 1 – Introductory Section

1.1. Agency Intent

1.2. Heading and Section References

1.3. General Instructions to Respondents (PUR 1001)

1.4. Mandatory Requirements

1.5. Procurement Officer

1.6. Schedule of Events / Timeline

1.7. Accessibility for Disabled Persons

Section 2 –Technical Specifications

2.1. Overview

2.2. Minimum Specifications

2.3. Warranty

Section 3 – Invitation to Bid Process

3.1. Special Conditions and Instructions

3.2. Solicitation Requests

3.3. Bidder Inquiries

3.4. Addenda

3.5. Discussions

3.6. MyFloridaMarketPlace (MFMP) Registration

3.7. Florida Department of Financial Services Substitute W‐9 Initiative

3.8. Bid Price Sheet

3.9. Bid Packaging and Submission Requirements

3.10. Bidder Acknowledgement

3.11. Vendor Generated Terms and Conditions

3.12. Redacted Bid Submission

3.13. Administrative Review

3.14. Price Evaluation

3.15. Cost of Preparing a Vendor Bid

3.16. Firm Response

3.17. Withdrawal of Bid

3.18. Legal Requirements

3.19. Antitrust Violations

3.20. Scrutinized Companies List

3.21. Less Than Two Responsive Bids

3.22. Basis of Award

3.23. Posting of Tabulations

3.24. Reserved Rights

Section 4 – Special Conditions Section

4.1. General Contract Conditions (PUR 1000)

4.2. MyFloridaMarketPlace (MFMP) Purchase Order Terms and Conditions

4.3. Cooperation With The Inspector General

4.4. Federal Excluded Parties List

4.5. Public Records

4.6. Unauthorized Aliens

4.7. Cooperative Purchasing

Section 5 – Invoicing and Payment

Section 6 – Attachments

SECTION 1 – INTRODUCTORY SECTION

The State of Florida, Department of Law Enforcement, hereinafter called the FDLE, Department, Agency, State, Customer or

Purchaser, issues this invitation to receive competitive sealed bids for the purchase of approximately 1,000 hearing protection devices for law enforcement use. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a

Purchase Order pursuant to this ITB, are conducted pursuant to Chapters 943 and 287 Florida Statutes, and Rule 60A‐1 Florida

Administrative Code.

1.1. AGENCY INTENT

It is the intent of the FDLE to acquire for purchase, approximately 1,000 hearing protection devices for law enforcement use.

FDLE intends to make a single award from this ITB and issue a Purchase Order.

Quantity referred to is an estimated quantity. The FDLE reserves the right to increase or decrease the quantity as necessary for the Law Enforcement Hearing Protection Pilot Program.

The FDLE shall not be responsible for Vendor inventory or order commitment.

The Awarded Bidder’s price is to remain firm for one (1) year from the issuance of the initial Purchase Order as additional orders may be requested.

1.2. HEADING AND SECTION REFERENCES

Section headings in this ITB are inserted for convenience only and are not to be construed as a limitation of the scope of the particular section to which the heading refers.

1.3. GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

Pursuant to Rule 60A‐1.002 F.A.C, the State of Florida General Instructions to Respondents (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 the FDLE. The FDLE instructions to respondents 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_Respondents.pdf

1.4. MANDATORY REQUIREMENTS

The FDLE 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 is not substantially in accordance with the ITB requirements, provides an advantage to one respondent over other respondents, has potentially significant effect on the quantity or quality of items bid, or on the cost of 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.

1.5. PROCUREMENT OFFICER

The Procurement Officer, acting on behalf of the FDLE, is the sole point of contact outside of official public meetings, with regard to all procurement matters relating to this solicitation, from the date of the release of the solicitation until the FDLE

Notice of Intent to Award is posted on the Vendor Information Portal (VIP).

All questions or requests for clarification are to be directed to:

Kimberly Bowling Florida Department of Law Enforcement Office of General Services Telephone: (850) 410‐7300 Email: CentralPurchasing@fdle.state.fl.us

Florida Statute (F.S.) Section 287.057(23) requires that respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72‐hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

1.6. SCHEDULE OF EVENTS / TIMELINE

The following time schedule will be strictly adhered to in all actions relative to this ITB unless modified by the FDLE by written addenda. FDLE will publish all written addenda on the MyFloridaMarketPlace, Vendor Information Portal (VIP). No liability to the FDLE will result from such deviations. All required Vendor actions must be completed by the date and time indicated on the schedule. All listed times are Eastern Time (ET) in Tallahassee, Florida.

DATE TIME ACTIVITY LOCATION

1/10/2023 1:30 pm FDLE Posts Invitation to Bid Advertisement

Vendor Information Portal https://vendor.myfloridamarketplace.com/

1/17/2023 5:00 pm Submission Deadline for Vendor Written Questions to Procurement Officer

FDLE Office of General Services centralpurchasing@fdle.state.fl.us

1/20/2023 5:00 pm FDLE Posts Electronic Written Answers to Vendor Questions (Anticipated – no later than)

Vendor Information Portal https://vendor.myfloridamarketplace.com/

1/31/2023

3:00 pm Vendor Bids Due to FDLE FDLE Office of General Services

1/31/2023 3:30 pm Public Meeting / Opening of Bids FDLE Headquarters 2331 Phillips Road Tallahassee, Florida 32308

FDLE shall utilize the State of Florida, MyFloridaMarketPlace, Vendor Information Portal (VIP) as the single resource for all

Invitation to Bid, Public Notice information in accordance with 28‐102.001, F.A.C.

1.7. ACCESSIBILITY FOR DISABLED PERSONS

Any person with a qualified disability shall not be denied equal access and effective communication regarding any ITB documents or attendance at any related meeting or ITB opening. If accommodations are needed because of a disability, please contact the Procurement Officer or FDLE Office of General Services at (850) 410‐7300.

SECTION 2 –TECHNICAL SPECIFICATIONS

2.1. OVERVIEW

The FDLE, by Specific Appropriation from the 2022 Florida Legislature General Appropriations Act, has been tasked to create a Law Enforcement Hearing Protection Pilot Program. The FDLE, in response, intends to purchase approximately 1,000 hearing protection devices for law enforcement use.

Quantity referred to is an estimated quantity. The FDLE reserves the right to increase or decrease the quantity as necessary for the Law Enforcement Hearing Protection Pilot Program.

The FDLE shall not be responsible for Vendor inventory or order commitment.

2.2. MINIMUM SPECIFICATIONS

The hearing protection devices shall meet, at minimum, the following specifications:

Complete In‐The‐Ear (ITE) or Canal style hearing protection device o Rechargeable – (lithium battery) Battery life – minimum of 12 hours for a single charge o Charger(s) / docking station, cable(s), etc. to be included

Noise Reduction Rating (NRR) of 25 decibels (dB)

Maximum output of 80 decibels (dB)

2.3. WARRANTY

The Vendor shall warrant all components of its manufacture and design for one (1) year from the date of acceptance and will replace to the FDLE any part to be faulty in manufacture, design or workmanship. In the event a defect is detected, the Vendor must furnish replacement parts, labor and materials at no additional charge at a qualified service location.

All assemblies for the repair and maintenance operation provided by the Vendor must be new. Used or refurbished components/parts will not be accepted. All assemblies and components must be of a brand or quality meeting or exceeding that of the original technical specifications within this ITB.

SECTION 3 – INVITATION TO BID PROCESS

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency

“Department of Law Enforcement” and click on “Initiate Search” at the bottom of the web page. If unable to download the document(s), contact the FDLE Procurement Officer.

Section 120.57(3)(b), F.S., requires that notice of protest of the solicitation documents shall be made within seventy‐two (72) hours after the posting of the solicitation. Failure to file a protest within the time prescribed in section 120.57(3), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

3.1. SPECIAL CONDITIONS AND INSTRUCTIONS

The FDLE Bid requirements and special conditions modify and shall take precedence over the State of Florida form PUR1001, General Instructions to Bidders.

The FDLE currently does not utilize the State of Florida’s, MyFloridaMarketPlace e‐Procurement system for competitive solicitations such as this ITB. Bidders are to manually submit a hard copy of their responses to this ITB as identified in this section. Specific references to MFMP usage for this ITB stated in paragraphs 3 and 5 of the PUR1001, General Instructions to

Bidders are not applicable.

3.2. SOLICITATION REQUESTS

All questions or requests for clarification pertaining to this ITB should be addressed in writing to the Procurement Officer. It will be the responsibility of each Bidder to submit any questions prior to the ITB receipt opening. Questions or requests for clarification concerning the specifications or solicitation procedures as written must be submitted to the FDLE in accordance with the Schedule of Events / Timeline. The written interpretation of the appropriate representative of the FDLE shall prevail.

3.3. BIDDER INQUIRIES

The Bidder will examine the ITB to determine if the FDLE requirements are clearly stated. If there are requirements which may restrict competition, Bidders may request specification changes. Requests must identify and describe the difficulty meeting specifications, provide detailed justification, and provide the recommended changes. Change requests or protests of the specifications must be received by the State no later than seventy‐two (72) hours after the posting of the solicitation.

The FDLE will determine what, if any, changes to the ITB will be accepted. If required, the FDLE will issue addenda reflecting the changes.

Written interpretations of the appropriate representative of the FDLE will prevail. While oral responses may be given in good faith and are intended to be accurate, the FDLE is not bound by any non‐written interpretation or guidance offered to Bidders.

3.4. ADDENDA

The FDLE reserves the right to modify this ITB. All addenda to this ITB will be in writing with content and number of pages described to all Bidders. Any addenda or answers to written questions supplied by the FDLE to participating Bidders may include an Addenda Acknowledgement Form. This form shall be signed by an authorized representative of the Bidder’s organization and submitted to the FDLE.

All addenda will be provided via the VIP at the following website: https://vendor.myfloridamarketplace.com/

It is the sole responsibility of the Bidder to monitor the VIP for any addenda issued in reference to this ITB.

3.5. DISCUSSIONS

No negotiations, decisions or actions shall be initiated or executed by the Bidder as a result of any discussions with any State employee prior to the opening of the sealed Bid(s). Prior to the opening of the sealed Bid(s), Bidders are NOT to divulge bid prices to any state employee or representative of the State. Further, Bids submitted to the FDLE will remain unopened until the time for opening Bids as indicated on the Schedule of Events / Timeline. During this period, any discussion by the Bidder with any state employee or representative of the State involving price information will result in rejection of said Bidder’s response. Only those communications which are in writing or electronically submitted from the FDLE, Office of General

Services may be considered as a duly authorized expression on behalf of the FDLE. Also, only communications from Bidders, which are in writing and signed or electronically submitted, will be recognized by the FDLE as duly authorized expressions on behalf of the Bidder.

3.6. MYFLORIDAMARKETPLACE (MFMP) REGISTRATION

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), Florida Statutes (F.S.). All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule

60A‐1.031, Florida Administrative Code (F.A.C.), or as may otherwise be established by law. Vendors shall pay the Transaction

Fee and are subject to automatic deduction of the Transaction Fee, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A‐1.031, F.A.C. All such reports and payments are subject to audit. The Agency will have grounds for declaring the vendor in default if the vendor fails to comply with the payment of the

Transaction Fee or reporting of payments, which may subject the vendor to being suspended from business with the State of

Florida.

Information about the registration process is available and registration may be completed at the MFMP website: Vendor

Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at

(866) 352‐3776.

Responding Vendors should be registered in the MFMP system at the time of Bid submission.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity

Code(s) pertaining to this Procurement:

46181900 – Hearing protectors

3.7. FLORIDA DEPARTMENT OF FINANCIAL SERVICES SUBSTITUTE W‐9 INITIATIVE

The Florida Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information (i.e. Social Security number) to report accurate tax information to the Internal Revenue service and determine if a vendor should receive a Form 1099. A completed Substitute form W‐9 is required for any entity to receive payment from the State of Florida. Vendors must submit their W‐9 forms electronically at the DFS website:

https://flvendor.myfloridacfo.com/

The awarded Vendor must have a valid W‐9 on file with the DFS prior to issuance of a Purchase Order. This may be completed by the Bidder post‐award, and is not something which FDLE will consider in determining the responsiveness of a bid.

3.8. BID PRICE SHEET

The Bidder must submit pricing on Attachment A. Vendor generated price sheets will not be accepted. Prices shall include

ALL charges for packaging, handling, freight, distribution and inside delivery. Prices shall include all incidentals and associated costs required to comply with and satisfy all requirements referred to or included in this solicitation.

No remuneration is available to the Bidder beyond the Bid price for all specifications and considerations in response to this

ITB, as outlined herein. Bidders will be strictly held to the prices of their Bid. The contents of this ITB and vendor Bid submission will become contractual obligations if a Purchase Order is issued.

Quantities referred to are estimated quantities. The FDLE reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities during the term of the agreement. The

FDLE shall not be responsible for vendor inventory or order commitment.

3.9. BID PACKAGING AND SUBMISSION REQUIREMENTS

Bids must be submitted in a sealed envelope/container. Bids must be submitted by U.S. Mail, United Parcel Service (UPS), Federal Express (FedEx), private courier, or hand delivery. Electronic submission or facsimile transmission of a Bid is NOT authorized and will NOT be accepted. Bidders are cautioned that shipped Bids will be routed to the Department’s Mail

Processing Center in an off‐site facility which may cause delays in delivery and receipt by the Office of General Services.

Bidders choosing to mail Bids must take this into consideration and allow sufficient time to ensure timely delivery and receipt.

BIDDERS SHOULD INCLUDE THE FOLLOWING LABEL ON THE OUTSIDE OF ALL SEALED PACKAGES:

RESPONDING BIDDER NAME

SOLICITATION NUMBER: FDLE ITB 2303

TITLE: HEARING PROTECTION DEVICES

BID OPENING: JANUARY 31, 2023 / 3:30 PM EST

The FDLE mailing address is:

OFF‐SITE MAIL FACILITY, C/O FLORIDA DEPARTMENT OF LAW ENFORCEMENT

ATTENTION: OFFICE OF GENERAL SERVICES

813B LAKE BRADFORD ROAD

TALLAHASSEE, FLORIDA 32399

A Vendor choosing to hand deliver a sealed Bid must take into consideration that the FDLE Headquarters Building is a secure facility. “Hand deliver” means delivery at the correct location on or before the required date and time. The FDLE Headquarters location is:

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

OFFICE OF GENERAL SERVICES

2331 PHILLIPS ROAD

TALLAHASSEE, FLORIDA 32308

BIDS RECEIVED AFTER THE EXACT TIME/DATE SPECIFIED IN SECTION 1.6 WILL NOT BE CONSIDERED.

FAILURE TO INCLUDE ANY INFORMATION OR DOCUMENTATION REQUESTED WITHIN THIS ITB AT THE TIME OF

SUBMISSION, OR AT THE TIME PRESCRIBED BY THE FDLE, WILL LEAD TO REJECTION OF THE BID FOR NON‐RESPONSIVENESS.

IF BIDDERS ARE UNSURE OF THE REQUIRED INFORMATION OR DOCUMENTATION, CONTACT THE PROCUREMENT OFFICER.

DO NOT MAKE ASSUMPTIONS.

3.10. BIDDER ACKNOWLEDGEMENT

By submission of a signature on the FDLE Acknowledgment Form, the Bidder 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 Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must include the signed FDLE Acknowledgement Form with their Bid response.

3.11. VENDOR GENERATED TERMS AND CONDITIONS

FDLE objects to and shall not consider any additional terms and conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response. In submitting a response, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force and effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a Bid, shall be grounds for rejecting a Bid.

The Purchase Order issued by the FDLE 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 FDLE or the Bidder unless expressly contained herein or by a written addenda to this ITB.

3.12. REDACTED BID SUBMISSION

Pursuant to section 19 Public Records of the PUR 1001 General Instructions to Respondents, if a Bidder considers any portion of the bid documents, data or record submitted in response to this solicitation to be exempted by law from disclosures as a public record, the Bidder must provide the FDLE with both an un‐redacted and redacted copy of the Bid submission. As noted in this section, redacted Bids must clearly segregate and mark information which is claimed to be exempt from public records and provide the specific statutory citation for such exemption.

This redacted copy should contain FDLE’s solicitation name, number, and the name of the responding Vendor on the cover, and should be clearly titled “Redacted Copy”. The Redacted Copy must be provided to the FDLE at the same time the Vendor submits its Bid and must only exclude or obliterate those exact portions which are exempted by law from public disclosure.

The entire Bid or Bid pages must not be marked proprietary, trade secret, or confidential.

IF A VENDOR FAILS TO SUBMIT A REDACTED COPY WITH ITS BID AS DESCRIBED HEREIN, FDLE IS AUTHORIZED TO PRODUCE

THE ENTIRE DOCUMENT(S), DATA OR RECORDS SUBMITTED BY THE VENDOR. THE ITB AND THE SUCCESSFUL VENDOR’S BID

WILL BE INCORPORATED INTO THE PURCHASE ORDER.

3.13. ADMINISTRATIVE REVIEW

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. FDLE 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 material requirements of this solicitation will not will not be considered unless, at FDLE’s discretion, the discrepancy does not prevent review of the

Bid by FDLE 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 the FDLE will cause a Vendor to be deemed Non‐Responsive and therefore disqualified from further consideration.

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

FDLE ITB 2303 Acknowledgement Form

Attachment A – Price Sheet

Attachment B – In State Preference Form

Attachment D – Scrutinized Companies List Certification

Any applicable Bid Addenda

One (1) electronic copy of Bidder’s submission via CD‐ROM or Flash Drive (USB)

B. 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

Do not contain original authorized signatures

Are not in conformance with the requirements and instructions contained herein

IF FDLE 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.

3.14. PRICE EVALUATION

The FDLE will take the following steps upon opening Bids:

A. Confirm the Bid includes a Fixed Price per Item.

B. Confirm the Bid is submitted using the FDLE ITB 2303 Price Sheet (Attachment A)

C. Confirm the prices are clear and unambiguous

D. Check the arithmetic of the Bid price and conduct a Clarification Request for any computational or transfer errors noted

E. When evaluating Bid responses to solicitations where there is identical pricing or a pricing preference, the FDLE shall determine the order of award in accordance with Sections 287.057 (11), 287.082, 287.084, 287.087 and 287.92, F.S.

Certified Minority Business Enterprises

Pursuant to Section 287.057(11) F.S., if two (2) equal Bids are received and one Bid is from a Certified Minority Business

Enterprise as defined in 288.703 F.S., the FDLE must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their Bid Response. Vendors may contact the Department of Management Services, Office of Supplier Diversity 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 (Attachment B)

Pursuant to Section 287.082 F.S., whenever two (2) or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within this state, and whenever all things are stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this state shall be given preference.

Pursuant to Section 287.084 F.S., Vendors whose principal place of business is located outside of the State of Florida, must provide a written opinion of an attorney licensed to practice law in that 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 state in the letting of any or all public contracts.

Section 287.084 further provides that when an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply 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, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in a competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be five (5) percent.

Section 287.092 F.S. provides that 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.

Each and every Bidder must complete and sign the attached “In State Preference Form” (Attachment B). Each bidder whose principal place of business is outside of the state of Florida must additionally provide a written opinion of an attorney at law licensed to practice law in that state, as to the preferences, if any or none, granted by the law of the state to its own business entities whose principal places of business are in that state in the letting of any or all public contracts. Failure to submit a completed Attachment B, and failure to provide a written attorney’s opinion (if required) with the bid submission may result in the bidder’s submission being deemed non‐responsive.

Certification of Drug Free‐Workplace (Attachment C)

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 287.087 F.S. Submission of Attachment C is not required as a matter of bid responsiveness, but is a precondition of eligibility for this preference.

3.15. COST OF PREPARING A VENDOR BID

FDLE is not liable for any costs incurred by a Vendor in responding to the ITB, including but not limited to: site visits, presentations, conferences, copying, printing, travel, packaging, freight, etc. All costs associated with a Bid response for this

ITB will be the responsibility of the responding Vendor.

3.16. FIRM RESPONSE

A Bidder’s response to this ITB shall be considered as the Bidder’s formal offer. The issuance of a Purchase Order for the procurement of the commodity as specified in Section 2– Technical Specifications, shall constitute the FDLE’s written acceptance of the successful Bid and the Purchase Order will be forwarded to the successful Bidder.

FDLE may make an award within 60 days after the date of the Bid opening, during which period Bidder responses shall remain firm and shall not be withdrawn. If award is not made within 60 days, the Bid shall remain firm until either FDLE issues a

Purchase Order, or FDLE receives from the Bidder written notice that the Bid is withdrawn. Any response that expresses a shorter duration may, in FDLE’s sole discretion, be accepted or rejected.

3.17. WITHDRAWAL OF BID

Vendor Bids submitted on or before the Bid due date may be withdrawn, amended or replaced with another Bid up until the

Bid due date and time. Vendor Bids withdrawn prior to the Bid due date and time will be returned, unopened to the Bidder at the Bidder’s expense.

3.18. LEGAL REQUIREMENTS

Applicable provisions of all Federal, State, County and local laws and administrative procedures, regulations, or rules shall govern the development, submittal, and evaluation of all Bids received in response hereto and shall govern any and all claims and disputes which may arise between Bidder’s submitting a bid hereto and the FDLE. Lack of knowledge of the law or applicable administrative procedures, regulations or rules by any Bidder shall not constitute a cognizable defense against their effect.

3.19. ANTITRUST VIOLATIONS

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.

3.20. SCRUTINIZED COMPANIES LIST

Pursuant to Section 287.135 F.S., at the time a Bidder submits a Response or before entering into a contract where the value exceeds $1 million, the Bidder or Contractor must certify that the company is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria.

Before entering into a contract of any value, the Bidder or Contractor must certify that the company is not participating in a boycott of Israel and is not on the Scrutinized Companies that Boycott Israel List.

Bidders must include the completed Attachment D to evidence this certification with their Bid response.

3.21. LESS THAN TWO RESPONSIVE BIDS

In the event that FDLE receives less than two (2) Responsive Bids, FDLE may negotiate the best terms and conditions.

3.22. BASIS OF AWARD

Award will be made to the responsive and responsible Bidder who after completion of the Bid evaluation submits the lowest responsive bid price for all specifications and considerations in response to this ITB. An award from this Bid does not constitute an official Purchase Order, agreement or commitment on behalf of the State.

3.23. POSTING OF TABULATIONS

The FDLE Intent to Award / Bid tabulation will be posted electronically as an Agency Decision on the VIP. The Agency Decision may be viewed and will remain in active posting status for a period of 72 hours. At the end of this active period, this tabulation will continue to be available for public view as an archive file.

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.

3.24. RESERVED RIGHTS

FDLE reserves the right to:

Amend this ITB

Waive minor irregularities submitted in Bids

Conduct a clarification or cure process of submissions not directly related to the Technical Specifications of the ITB

Accept or Reject any or all Bids received in whole or in part

Re‐solicit for new Bids

Abandon the need for such commodities and/or services

Request additional information to assess a Vendor’s capabilities

Award to the next eligible Bidder if at any time the Awarded Vendor is unable to meet all mandatory specifications or requirements as specified herein

SECTION 4 – SPECIAL CONDITIONS SECTION

4.1. GENERAL CONTRACT CONDITIONS (PUR 1000)

Pursuant to Rule 60A‐1.002 Florida Administrative Code (F.A.C.), the State of Florida General Contract Conditions (PUR1000) are hereby referenced and incorporated in their entirety into this ITB. Bidders are instructed to read this document in its entirety. There is no need to return this document to the FDLE. The FDLE ITB Special Conditions Section supersedes any conflicting terms or instructions contained in the PUR1000.

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf

4.2. MYFLORIDAMARKETPLACE (MFMP) PURCHASE ORDER TERMS AND CONDITIONS

The intent of the FDLE is to issue an electronic purchase order to the awarded Bidder for all commodities and/or services as specified herein. The MFMP e‐Procurement system contains predetermined Terms and Conditions. The FDLE ITB and

Standard Terms and Conditions supersede any conflicting terms and conditions contained in the MFMP system.

https://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf

4.3. COOPERATION WITH THE INSPECTOR GENERAL

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

4.4. FEDERAL EXCLUDED PARTIES LIST

A respondent or subcontractor, that at the time of Bidding or submitting a proposal for a new contract or renewal of an existing contract is on the Federal Excluded Parities List, is ineligible for, and may not submit a Proposal for, or enter into or renew a contract with an agency for goods or services, if any federal funds are being utilized.

4.5. PUBLIC RECORDS

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 850‐

410‐7676, PUBLICRECORDS@FDLE.STATE.FL.US, OR VIA MAIL AT P.O. BOX 1489, ATTN:

PUBLIC RECORDS DIVISION, TALLAHASSEE, FL 32302.

4.6. UNAUTHORIZED ALIENS

The employment of unauthorized aliens by any Vendor is considered a violation of Section 274A (e) of the Immigration and

Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Bid award and/ or subsequent Purchase Order or Contract.

4.7. COOPERATIVE PURCHASING

Pursuant to their own governing laws, and subject to the agreement of the Vendor, other Agencies or eligible users may be permitted to make purchases at the term and conditions contained herein. Non‐FDLE purchases are independent of the agreement between FDLE and the Vendor, and FDLE shall not be party to any transaction between the Vendor and any other purchaser. As provided in Rule 60A‐1045(5) Florida Administrative Code, other Florida State Agencies must obtain approval from the Department of Management Services to determine that the requestor’s use of the contract is cost‐effective and in the best interest of the State.

SECTION 5 – INVOICING AND PAYMENT

Upon delivery to the FDLE, the Vendor will submit an itemized invoice for payment. Invoices must, at a minimum, include the following information:

A. Vendor Name and remit to address

B. Vendor billing contact phone number and/or email address

C. Vendor Tax Identification number

D. Purchase Order number

E. Billing Date

F. Deliverable with description

G. Payment amount due

The State of Florida cannot make deposits or pay for goods and/or services in advance unless approved under rules issued by the Comptroller of Florida. Therefore, payments by the FDLE covering goods and/or services will be due and payable within forty (40) days after the receipt of a proper invoice and actual receipt of goods and/or services per Section 215.422(b) F.S.

The FDLE is not authorized to pay the Vendor any deposit for services to be rendered or equipment to be purchased in the future.

Vendor invoices shall be submitted to:

The Florida Department of Law Enforcement Office of Financial Management P.O. Box 1489 Tallahassee, Florida 32302 Email: fdleaccountspayable@fdle.state.fl.us

The FDLE is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. The awarded Vendor will be provided a copy of the

FDLE Consumer’s Certificate of Exemption prior to or upon issuance of the Purchase Order.

SECTION 6 – ATTACHMENTS

Attachment A – Price Sheet

Attachment B – In‐State Preference Form

Attachment C – Certification of Drug‐Free Workplace

Attachment D – Scrutinized Companies List Certification

Attachment E – ITB Checklist

ATTACHMENT A

PRICE SHEET

FDLE ITB 2303 – Hearing Protection Devices

Price shall include ALL charges for packaging, handling, freight, distribution and delivery prices shall include all incidentals and associated costs required to comply with and satisfy all requirements referred to or included in this solicitation.

Item Description (Manufacturer, Make, Model) Price per Unit

BY AFFIXING MY SIGNATURE ON THIS BID RESPONSE, I HEREBY STATE THAT I HAVE READ ALL THE BID TERMS, CONDITIONS, AND SPECIFICATIONS AND AGREE TO ALL TERMS AND CONDITIONS, PROVISIONS, AND SPECIFICATIONS; AND I CERTIFY THAT I WILL PROVIDE THE COMMODITIES AND SERVICES AS

SPECIFIED IN THE BID.

Signature

Name and Title (Print Please)

Respondent Company Name

Federal Employee Identification Number

Respondent Physical Address

City, State, Zip

Primary Contact Name / Title

Phone Number

Email Address

FDLE-ITB-2303

ATTACHMENT A

ATTACHMENT B

IN-STATE PREFERENCE FORM

Pursuant to Section 287.084, Florida Statutes, relating to the Florida-based business preference, effective July 1, 2012: In a competitive solicitation in which the lowest Bid is submitted by a vendor whose principal place of business is located outside the state of Florida (foreign state) and that state where the vendor’s principal place of business is located 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 shall be 5 percent.

Note: The Respondent is required to complete and submit this form signed with its Reply to be considered for this preference.

Vendor Name: _________________________________________________________________________

Federal Employer ID Number: ____________________________________________________________

This Respondent (does £) / (does not £) have a principal place of business located in the State of Florida.

Please provide the Florida address if applicable:

Note: A Respondent whose principal place of business is outside the state of Florida must accompany any written Reply documents with a written opinion of an attorney 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 place of business is in that foreign state in the letting of any or all public purchases.

Please attach such opinion as applicable to this form.

Authorized Signature: ___________________________________________________________________

Print Name and Title: ___________________________________________________________________

Date: ________________________________________________________________________________

ATTACHMENT B

ATTACHMENT C

CERTIFICATION OF DRUG-FREE WORKPLACE

IDENTICAL TIE BIDS - Preference will be given to businesses with drug-free workplace programs. Whenever two or more bid submissions which are equal with respect to price, quality, and services are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid submission received from a business that certifies that it has implemented a drug-free workplace program will 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 must:

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) Inform employees about the dangers of drug abuse in the workplace, business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties, that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under bid submission a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid submission, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Vendor’s Signature: _________________________________________________________________________

Name: ____________________________________________________________________________________

Title: _____________________________________________________________________________________

Date: _____________________________________________________________________________________

ATTACHMENT C

ATTACHMENT D

SCRUTINIZED COMPANIES LIST CERTIFICATION

Vendor Name: _________________________________________________________________________

Vendor FEIN: __________________________________________________________________________

Vendor’s Authorized Representative Name: _________________________________________________

Vendor’s Authorized Representative Title: __________________________________________________

Address: _____________________________________________________________________________

City: ______________________________________ State: _________________ Zip: ________________

Phone Number: _______________________________________________________________________

Email Address: ________________________________________________________________________

Pursuant to subsection 287.135 Florida Statutes, at the time a Vendor submits a Bid or before entering into a contract of any dollar amount, the Vendor or Contractor must certify that the company is not participating in a boycott of Israel, and that the company is not on the Scrutinized Companies that Boycott Israel List. For a contract where the value exceeds $1 million, the Vendor or Contractor must certify that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria.

As the person authorized to sign on behalf of Vendor, I hereby certify that the company identified above in the section entitled “Vendor Name” is not participating in a boycott of Israel, and is not on the Scrutinized Companies that Boycott Israel List. If the contract value will exceed $1 million, I hereby further certify that the company identified above in the section entitled “Vendor Name” is not listed on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria. I understand that pursuant to section 287.135, the submission of a false certification may subject company to termination of the contract, civil penalties, attorney’s fees, and/or costs.

Certified By: _________________________________________________________________________

(Authorized Signature)

Print Name and Title: __________________________________________________________________

Date: _______________________________________

ATTACHMENT D

ATTACHMENT E

ITB CHECKLIST

For Vendor’s convenience, FDLE offers the following checklist of items that must be returned by the response deadline listed in the ITB.

______ 1. Price Sheet (Attachment A)

______ 2. In-State Preference Form (Attachment B)

______ 3. Certification of Drug-Free Workplace (Attachment C)

______ 4. Scrutinized Companies List Certification (Attachment D)

______ 5. Any Addenda applicable to this bid

______ 6. Acknowledgement Form

______ 7. One (1) Electronic copy of Bidder’s Submission via CD-ROM or Flash Drive (USB)

FAILURE TO INCLUDE ANY INFORMATION REQUESTED WITHIN THIS ITB MAY LEAD TO REJECTION OF

THE BID FOR NON-RESPONSIVENESS.

ATTACHMENT E