ITN 2023-11 Mailer Safe Driving Folders.pdf

Page | 1

Tallahassee Community College

Invitation to Negotiate (ITN)

For

The Teen Traffic Safety Grant - Mailer Project of Parent/Teen

Safe Driving Folders

ITN 2023-11

Solicitations Due – October 23rd, 2023 - 1:45 p.m. EST

Solicitation Opening – October 23rd, 2023 - 2:00 p.m. EST

Purchasing - Tallahassee Community College (fl.edu) https://www.tcc.fl.edu/about/college/administrative-services/purchasing/

Page | 2

Table of Contents

GENERAL CONDITIONS

3-11

INSURANCE REQUIREMENTS

12-13

EVALUATION PROCESS/CRITERIA

14-15

GENERAL INFORMATION/CALENDAR 16

PROPOSAL SPECIFICATIONS

17-18

INSTRUCTIONS FOR PREPARING PROPOSALS

19-20

REQUIRED FORMS

21-28

Page | 3

GENERAL CONDITIONS

PROPOSERS: To insure acceptance of the proposal, follow these instructions.

SEALED PROPOSALS: The number of the proposal and the date of opening shall be shown on the envelope/box containing each proposal. Proposers are requested to show their name and address on the envelope/box. All proposals are subject to the terms and conditions specified herein and on the attached proposal documents.

Completed proposal MUST be submitted in a sealed envelope/box. Telegraphic (fax, e-mail, telephone, telegraph) proposals will not be accepted.

1. EXECUTION OF PROPOSAL: Proposals must contain a signature of an authorized representative.

Failure to properly sign the proposal may invalidate same, and it may not be considered for award. All proposals must be completed typewritten. The original conditions and specifications cannot be changed or altered in any way. Altered proposals will not be considered. Clarification of proposals submitted shall be in letterform, signed by proposers and attached to the proposal.

2. NUMBER OF COPIES: Proposers must submit two (2) complete electronic sets on individual USB flash drives. Each section of the proposal must be its own folder within the USB. Each proposal must have signatures and all supporting documentation on the USB. The USB’s are to be in a sealed envelope/box marked as stated in the Proposal Submission clause. This quantity is required so that a full and complete copy of your proposal can be provided to each member of the evaluation committee.

3. PROPOSAL PREPARATION COSTS: The College shall not be liable for any expenses incurred in connection with the preparation of a response to this solicitation.

4. PROPOSAL SUBMISSION: The College will receive proposals at the Purchasing Office. The outside of the sealed envelope/box must be identified as follows:

• Proposer’s name

• Return address

• Solicitation number and title

• Due date and time

5. DUE DATE AND TIME: The date and time will be carefully observed. Proposals received after the specified date and time shall be returned unopened. The College will not be responsible for late deliveries or delayed mail.

Receipt of the proposal in the Purchasing Office after the date and time specified due to failure by the proposer to provide the above information on the outside of the envelope/box shall result in the rejection of the proposer’s proposal.

The proposer may submit the proposal in person or by mail/courier service. The College cautions proposers to assure actual delivery of mailed or hand delivered proposals prior to the deadline set for receiving proposals. Confirmation of receipt of proposal can be made by calling the College’s Purchasing Office.

6. SUPPLIER REGISTRATION REQUIREMENTS: Prior to the award of this solicitation, supplier(s) must be registered in TCC’s Workday Supplier database. If you previously submitted these forms and

Page | 4 received your TCC Workday Supplier ID number, you will not need to re-submit, just reference this number on the Proposal Response Form. Example of a Workday Supplier ID is SU 000000123.

If you are not a registered TCC supplier, prior to award of this solicitation you will need to complete our online TCC Vendor Application Form and W-9 at: Solicitation - Tallahassee Community College (fl.edu) These forms are submitted electronically which protects your information. Once your forms have been submitted and information has been processed by the Purchasing Office staff, you will receive an e-mail containing your TCC Supplier ID Number.

If you are unsure about your registration status in TCC’s database, please E-mail Dustin Frost Dustin.Frost@tcc.fl.edu.

7. DELAYS: The College, at its sole discretion, may delay the scheduled due dates indicated above if it is to the advantage of the College to do so. The College will notify Proposers of all changes in scheduled due dates by written addendum.

8. REVISIONS AND AMENDMENTS: The right is reserved, as the interest of the College may require, to revise or amend the specifications or drawings or both prior to the date set for opening of ITB, such revisions and amendments, if any, will be announced by an addendum to the ITB. If the revisions and amendments are of a nature which requires material changes in quantities or prices, the date set for the opening of the ITB may be postponed by such number of days as in the opinion of the Purchasing Director that will enable Proposers to revise their ITB. In such cases, the addendum will include an announcement of the new ITB opening date. The proposers shall acknowledge receipt of all addenda by signing, dating, and returning the acknowledgment page of the addendum with their proposal.

9. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All proposers must disclose with their proposal the name of any officer, director, or agent who is also an employee of the College. Further, all proposers must disclose the name of any Board employee who owns, directly or indirectly, an interest of five percent (5%) or more in the proposer’s firm or any of its branches.

10. DISQUALIFICATION: Any or all proposals will be rejected if there is reason to believe that collusion exists between proposers. Proposals in which the prices obviously are unbalanced will be subject to rejection.

11. PROPOSAL WITHDRAWAL: Proposers may withdraw their proposals by notifying the College’s Purchasing Office in writing or email at any time prior to the time set for the proposal deadline.

Proposers may withdraw their proposals in person or through an authorized representative.

Proposers and authorized representatives must disclose their identity (company business card and driver’s license) and sign the Proposal Withdrawal Form. Once opened, proposals become the property of the College and will not be returned to the proposers.

12. POSTING OF RESULTS: Intent to Award will be posted for review by interested parties on the TCC Purchasing website Purchasing - Tallahassee Community College (fl.edu) and the State of Florida’s Procurement system MyFloridaMarket Place on or about the date provided on the enclosed ITB schedule and will remain posted for a period of 72 hours.

Interested parties are responsible for monitoring these sites for new or changing information relative to this procurement.

https://www.tcc.fl.edu/about/college/administrative-services/purchasing/solicitation/ mailto:Dustin.Frost@tcc.fl.edu https://www.tcc.fl.edu/about/college/administrative-services/purchasing/ https://vendor.myfloridamarketplace.com/

Page | 5

PROTEST OF SOLICITATIONS SPECIFICATIONS PROCEDURE: Tallahassee Community College Procedure for Contract Solicitation or Award Bid Protest procedures may be obtained from the TCC Purchasing Office or accessed by going to the TCC Purchasing website using this link: TCC- Bid-Protest-Procedures.

13. ADDITIONAL INFORMATION: No additional information may be submitted, or follow-up performed by any proposer after the stated due date of a formal presentation to the evaluation committee, unless specifically requested by the College.

14. PUBLIC RECORDS: Upon posting of Intent to Award or thirty (30) days after opening, whichever is earlier, proposals become “public records” and shall be subject to public disclosure consistent with chapter 119.0731, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the proposal, and must identify the data or other materials to be protected, and must state reasons why such exclusion from public disclosure is necessary. Any financial statements that are submitted are exempt from becoming public record FS 119.07(3).

15. INQUIRIES: All proposers shall carefully examine the Solicitation documents. Proposers are expected to examine the terms and conditions, specifications, scope of work, delivery schedule, proposal prices, extensions and all instructions pertaining to supplies and services.

Such inquiries regarding this Solicitation outside a pre-proposal conference must be submitted in writing via email to the College’s Director of Procurement and Auxiliary Services at Dustin.Frost@tcc.fl.edu . The College will provide written answers via Question and Answer form posted Solicitation - Tallahassee Community College (fl.edu) and MyFloridaMarket Place. The College will not be responsible for any oral instructions made by any employee(s) of the College in regard to this Solicitation.

16. QUALIFIER’S CONDITIONS: The Board specifically reserves the right to reject any conditional proposal.

17. PUBLIC OPENING/EVALUATION: Proposals shall be publicly opened and recorded on the date and time provided on the enclosed ITB schedule unless changed by addendum. No other information or pricing will be read or discussed at the opening. All proposals received after the specified time will not be considered and will be returned to the proposer. Fax, e-mail, telegraph or telephone proposals will not be accepted. A proposal may not be altered after the opening of the proposals. Upon receipt of proposals, an evaluation committee, if required, will select qualified candidates based on criteria contained herein. The evaluation committee may contact qualified responders to give oral presentations after the initial review of all proposals.

18. ACCURACY OF PROPOSAL INFORMATION: Any proposer which submits in its proposal to the College any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration.

19. ADVERTISING: In submitting a proposal, the proposer agrees not to use the results there from as a part of any commercial advertising unless permission in writing is granted by the College.

20. GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on the ITB prior to their performance, it shall be the responsibility of the firm to notify the TCC Purchasing Office at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The College reserves https://www.tcc.fl.edu/media/divisions/administrative-services/purchasing/TCC-Bid-Protest-Procedures-9.12.22.pdf https://www.tcc.fl.edu/media/divisions/administrative-services/purchasing/TCC-Bid-Protest-Procedures-9.12.22.pdf mailto:Dustin.Frost@tcc.fl.edu https://www.tcc.fl.edu/about/college/administrative-services/purchasing/solicitation/

Page | 6 the right to accept such alteration or to cancel the contract or purchase order at no further expense to the College.

21. LIABILITY, INSURANCE, LICENSES AND PERMITS: Where proposers are required to enter or go onto the College property to deliver materials or perform work or services as a result of a proposal award, the proposer will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance. The proposer shall be liable for any damages or loss to the Board occasioned by negligence of the proposer (or agent) or any person the proposer has designated in the completion of the contract as a result of his or her proposal.

22. DRUG FREE WORKPLACE: Whenever two or more proposals which are equal with respect to price, quality, and service are received by the College for the procurement of commodities or contractual services, a proposal received that has completed the Drug Free Workplace form, certifying that it is a drug free workplace, shall be given preference.

23. CANCELLATION: In the event the contractor violates any of the provisions of this proposal, the Board shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within thirty (30) days, recommendation will be made to the board for immediate cancellation. The College reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days written notice to the other party.

24. TERMINATION: If a contract is awarded as a result of this ITN and is terminated or cancelled within the first year of the contract period, the College may elect to negotiate and award a new contract to the next ranked proposer or to issue a new ITN whichever is determined to be in the best interest of the College.

The supplier will serve at the will and pleasure of the College. Either party may cancel the contract with thirty (30) days advanced written notice. However, at the College’s sole option, a termination for convenience by the College may be effective immediately and may apply to delivery orders (if applicable) or to the contract in whole. The College shall be liable for goods or services delivered and accepted. In the event of termination by either party, the supplier will have, in no event, any claim against the College for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the College, the supplier shall:

• Stop orders/work on the date and to the extent specified.

• Terminate and settle all orders and/or sub-contracts relating to the performance of the terminated work. All costs incurred for canceled projects will be billed to the College.

• Transfer all work in progress, completed work, and other materials related to the terminated work as directed by the College.

• Continue and complete all parts of the work that have not been terminated.

25. SEVERABILITY: If any provision of a contract resulting from this ITN is contrary to, prohibited by, or deemed invalid by applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then said provisions shall be deemed inapplicable and omitted and shall not invalidate the remaining provisions of the agreement.

26. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal or a contract to

Page | 7 provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded work or perform work as a contractor, supplier, sub-proposer 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 Florida Statutes, Chapter 287 for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

Note: By signing the proposal, the supplier attests they have not been placed on the convicted vendor list.

27. ACCEPTANCES AND REJECTION: The College reserves the right to reject all proposals, to waive any informalities and technicalities, and to solicit and re-advertise for new proposals, or to abandon the project in its entirety. The College reserves the right to make the award to that proposer who, in the opinion of the College, will be in the best interest of and/or the most advantageous to the College. The College reserves the right to reject the proposal of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts, or who, in the College’s opinion, is not in a position to perform properly under this award. The College reserves the right to inspect all facilities of proposer’s in order to make a determination as to the foregoing.

28. JOINT VENTURES: Proposals submitted by firms under “joint venture” arrangements or other multi-party agreements must submit a power of attorney delegating authority to one principal with authority to negotiate and execute any/all contract documents resulting from negotiations/award of this ITB.

29. DISPUTES & PROTESTS: In the case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the College shall be final and binding on both parties.

Failure to file a protest within the amount of time prescribed in FS 120.57(3) shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

30. FAMILIARITY WITH LAWS: All proposers are required to comply with all Federal, State, and Local laws, codes, rules and regulations controlling the action or operation of this ITB. Relevant laws may include, but are not limited to: The Americans with Disabilities Act of 1990, Office of Education 6A-14, State Requirements for Educational Facilities (SREF), Florida Statute 1013 (K-20) Education Code (Educational Facilities), OSHA regulations, and all Civil Rights legislation.

31. EQUAL OPPORTUNITY: The College does not discriminate against any person on the basis of age, color, disability, ethnicity, gender identity, genetic information, marital status, national origin, pregnancy, race, religion, sex, sexual orientation, or veteran status in its programs and activities.

The proposer agrees to make no distinction in its employment practices on the basis of race, color, ethnicity, genetic information, national origin, religion, gender sexual orientation, marital status, age or disability in such practices. Proposer agrees to adhere to any and all applicable State and Federal Civil Rights Laws.

32. SMALL BUSINESS PARTICIPATION: The College strongly encourages small, minority and/or women owned Firms or joint venture Firms to submit proposals. Minority/Women Business Enterprises that file false status of their M/WBE status may be found guilty of a felony of the second degree and be barred from bidding with the College for thirty-six (36) months pursuant to

287.094 Florida Statutes.

33. DEFAULT. In the event of default on a contract, the vendor shall pay to the Board, as liquidated damages an amount equal to 25% of the unit price proposal, times the quantity (or) $50.00, Page | 8 whichever amount is larger. In the event of default on a contract, the vendor shall pay all attorneys’ fees and court costs incurred in collecting any liquidated damages.

34. INVOICING AND PAYMENT. Payment will be made by the College after the service awarded to a vendor have been received, inspected, and found to comply with award specifications, properly invoiced and minimally meet the following conditions to be considered as a valid payment request:

• Timely submission of a correct invoice, in strict accordance with the price and delivery elements as stipulated in the purchase order or contract, and submission to Accounts Payable at the address indicated on the purchase order.

• All invoices shall clearly reference the subject purchase order number; provide a sufficient description to identify goods or services for which payment is being requested;

and include date(s) of services.

• The invoice shall also contain the vendor’s Federal Employer Identification Number (F.E.I.N.).

• The College’s terms are “Net 30” after acceptance of goods or services and receipt of an acceptable invoice as described herein.

35. ANTI-DISCRIMINATION: The proposer certifies that he or she is in compliance with the non-discrimination clause in Section 202, Executive Order 11246, as amended by executive order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin.

36. OSHA: The proposer warrants that the product supplied to the College shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. (MSDS Statement)

37. AFFIRMATION: By submission of a proposal, the proposer affirms that his/her proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Proposer agrees to abide by all terms and conditions of this ITN and the resulting contract. No outside terms and conditions will be considered unless approved by the College.

38. RENEWAL: Renewal options for any contract entered based on this ITN will specified in the contract.

39. FEDERAL FUNDING SOURCE: If the source of funding is federal, then Federal requirements must be followed including but not limited to Equal Employment Opportunity laws and regulations, the Davis Bacon Wage Act, Anti-Lobbying Certification, the Contract Work Hours and Safety Standards Act, provisions in 2 CFR Part 200.

40. INDEMNIFICATION: To the fullest extent permitted by law, the proposer shall indemnify, hold harmless and defend the College, its District Board of Trustees, officers, agents, servants, and employees, from and against all claims, damages, losses, and expenses including, but not limited to, attorneys’ fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual cost incurred for expert witness testimony, arising out of or resulting from the performance of services required under this Contract, provided that same is caused by the negligence, recklessness, or intentional wrongful conduct of the proposer or other person utilized by the proposer in the performance of the work. Nothing herein shall be deemed

Page | 9 to affect the rights, privileges, and immunities of the College as set forth in Section 768.28, Florida Statutes.

The proposer, without exemption, shall indemnify and hold harmless the College, its employees and/or any of its District Board of Trustees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or non-patented invention, process or item manufactured by the proposer. Further, if such a claim is made or is pending, the proposer may, at its option and expense, procure for the College the right to use, replace or modify the item to render it non-infringing. If none of the alternatives are reasonably available, the College agrees to return the article, on request, to the proposer and receive reimbursement. If the proposer used any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work.

41. VERIFICATION OF EMPLOYMENT: In accordance with State of Florida Office of the Governor Executive Order Number 11-02, the proposer shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all persons employed during the contract term by the proposer to perform employment duties within Florida and all persons (including sub-consultants) assigned by the proposer to perform work pursuant to the contract with Tallahassee Community College.

42. PROHIBITION AGAINST CONTINGENT FEES: Vendors/Suppliers are hereby notified that any contract entered into by the College will contain a prohibition against contingent fees as follows:

“The vendor warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the vendor to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the vendor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement.” For the breach or violation of this provision, the College shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration, and to disqualify the vendor from future contracts with the College for a period up to five (5) years.

43. OPEN COMPETITION: The College encourages free and open competition among proposers.

Whenever possible, specifications, qualification invitations and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the College’s needs and the accomplishment of a sound economical operation. The proposer’s signature on its Statement of Qualifications guarantees that the proposer, its agents, officers or employees have not bribed or attempted to bribe or influence in any way an officer, employee or agent of the College.

44. SPECIAL CONDITIONS: Any and all special conditions and specifications attached here to which vary from these general conditions shall have precedence.

45. DEBARMENT: The College, when using Federal funds may not solicit offers from, award contracts to or consent to sub-contract with contractors debarred, suspended or proposed for debarment, and may disapprove or not consent to the selection (by a contractor) of an individual to serve as a principal investigator, as a project manager, in a position of responsibility for the administration of Federal funds, or in another key personnel position, if the individual is listed in the Excluded Parties List System (EPLS). Also, the College shall not conduct business with an

Page | 10 agent or representative of a contractor if the agent's or representative's name is listed in the EPLS. The College shall review the EPLS before conducting a pre-award survey or soliciting proposals, awarding contracts, renewing or otherwise extending the duration of existing contracts, or approving or consenting to the award, extension, or renewal of sub-contracts.

46. LOBBYING: Proposer or Contractor is prohibited from using funds provided under this ITN for the purpose of lobbying the Legislature or any official, officer, commission, board, authority, council, committee, or department of the executive branch or the judicial branch of state government.

47. RECORDS OF RETENTION: Contractors shall make available records, which includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form, and other supporting evidence to satisfy contract negotiation, administration, and audit requirements of the contracting agencies and the Comptroller General as per Federal Acquisition Regulation 52.212-5 Subpar 4.7.

48. SELECTION PROCESS: The successful company will be selected based on the evaluation criteria described in the applicable sections of this ITN.

49. ASSIGNMENT: Neither this ITN nor any duties or obligations assumed under any agreement or contract(s) resulting from this ITN shall be assigned by Firm without prior written consent of the College.

50. PROPOSER WARRANTY OF ABILITY TO PERFORM: Proposer shall warrant that there is no action suit, proceeding, inquiry, or investigation, at law or equity, before or by a court, governmental agency, public board or body, pending or, to the best of the proposer’s knowledge, threatened, which would in any way prohibit, restrain, or enjoin the execution or delivery of the proposer’s obligations or diminish the proposer’s obligations or diminish the proposer’s financial ability to perform the terms of any proposed contract with the College.

51. INDEPENDENT PROPOSER: Nothing herein is intended or shall be construed as in any way creating or establishing the relationship of co-partners between the parties or in any way making the proposer the agent or representative of the College for any purpose in any manner whatsoever. Proposer is, and shall remain, an independent contractor with respect to all services performed.

52. QUALIFICATIONS MODIFICATION: A proposer may change the Statement of Qualifications at any time prior to opening; however, no oral modification will be allowed. Only letters or other formal written requests for modifications or corrections of a previously submitted Statement of Qualifications, which are addressed in the same manner as the Statement of Qualifications, and are received by the College’s Director of Procurement and Auxiliary Services, Attn: Dustin Frost before the scheduled opening time will be accepted. The Statements of Qualifications, when opened, will then be corrected in accordance with such written requests, provided that the written request is contained in a sealed envelope; which is plainly marked A Modification of Qualifications with the proposer’s name.

53. AMERICANS WITH DISABILITIES ACT OF 1990 AND SUBSEQUENT REGULATION, 1991 AND 2010:

If special accommodations are required in order to attend the Pre-proposal meeting and/or the Statement opening, contact Dustin Frost, Director of Procurement and Auxiliary Services (850) 201-8484.

Page | 11

54. PROPOSED MATERIALS: The material submitted in response to the ITN becomes the property of the College and is to be appended to any formal document, which would further define or expand the contractual relationship between the College and the proposer.

55. PROPRIETARY MATERIAL: All rights to proprietary material must be transferable to the College in the event the firm goes out of business.

56. OWNERSHIP OF WORK PRODUCTS: The College will be considered the owner of all work products produced under any contract that results from this ITN.

57. ERRORS AND OMISSIONS: The proposer is expected to comply with the true intent of this ITN taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should the proposer suspect any error, omission, or discrepancy in the specifications or instructions, the proposer shall immediately notify the College, in writing, and the College shall issue written instructions to be followed. The proposer is responsible for the contents of its Statement of Qualifications and for satisfying the requirements set forth in the ITN.

58. FIRM’S RESPONSIBILITY: It is understood and the proposer hereby agrees it shall be solely responsible for all services it proposes, notwithstanding the detail present in the ITN.

59. PROPOSAL REJECTION: The College shall have the right to reject any or all Statements of Qualifications and in particular to reject a Statements of Qualifications not accompanied by data required by the ITN or a Statements of Qualifications in any way incomplete or irregular.

Conditional Statements of Qualifications will not be accepted.

60. PERFORMANCE INQUIRY: As part of the evaluation, the College may make inquiries to determine the ability of the proposer to perform the work. Please provide references as stated in the Previous Experience section of the Instructions for Preparing Proposals in this ITN, preferably from other educational institutions, that shall include the complete name, address, telephone number, and contact person.

61. GOVERNING LAW AND VENUE: This contract, and any disputes hereunder, shall be construed in accordance with the laws of the State of Florida and enforced in the courts of the State of Florida.

The College and proposer hereby agree that venues shall lie in Leon, Gadsden or Wakulla County, Florida.

62. SPECIAL CONDITIONS: Any and all special conditions and specifications attached here to which vary from these general conditions shall have precedence.

63. SUBMITTAL: Proposals must be received by the TCC Purchasing Office by October 23rd, 2023 at 1:45 pm EDST.

Proposal Number: ITN 2023-11 Proposals will be opened: October 23rd, 2023 at 2:00 pm EDST Proposals Will Be Opened in the TCC Purchasing Office (see address below)

Send Proposal to:

Tallahassee Community College Purchasing Department Administration Building 27, Room 193 444 Appleyard Drive Tallahassee, Florida 32304-2895

END OF SECTION

Page | 12

INSURANCE REQUIREMENTS

1. REQUIREMENTS:

During the performance of the services under this contract, contractor shall maintain the following insurance policies reflecting at least the minimum amounts and conditions as follows:

A. Minimum Limits:

1. General Liability Insurance with all of the following:

a. Bodily injury limits of not less than $1,000,000 for each occurrence/$2,000,000 aggregate

b. Property damage limits of not less than $1,000,000 for each occurrence/$2,000,000 aggregate

2. Automobile Liability Insurance with all of the following:

a. Bodily injury limits of not less than $500,000 for each person

b. Not less than $500,000 for each incident

c. Property damage limits of not less than $500,000 for each incident

3. Workers’ Compensation Insurance in accordance with statutory requirements, as well as the following:

a. Employer’s liability insurance with limits of not less than $100,000 for each incident

b. $100,000 for each disease

c. $500,000 aggregate

4. Professional Liability, when applicable for services provided, not less than $1,000,000 per occurrence/$2,000,000 aggregate

B. Conditions:

1. Policies must be written by an insurance company authorized to do business in Florida.

2. Policies other than Worker’s Compensation shall be issued only by companies authorized by maintaining certificates of authority issued to the companies by the Department of Insurance of the State of Florida to conduct business in the State of Florida and which maintain a rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best Company. Policies for Worker’s Compensation may be issued by companies authorized as a group self-insurer by Florida Statute 440.57.

3. The College’s Executive Director of Procurement and Auxiliary Services or designee may verify ratings at A.M. Best’s website: www.ambest.com/ (regarding item 1B2 above).

4. Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the Certificate(s) of Insurance.

5. Contractor shall furnish the College Certificates of Insurance that shall include a provision that policy cancellation, non-renewal or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to the College.

Page | 13

6. Contractor shall include the College as an additional insured on the General Liability and Automobile Liability insurance policy required by the contract. All of the contractor’s sub-contractors shall be required to include the College and contractor as additional insured on their General Liability insurance policies.

7. If an “ACCORD” Certificate of Liability Insurance form is used by the contractor’s insurance agent, the words “endeavor to” and “... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” in the “cancellation” paragraph of the form shall be deleted.

8. The contractor shall not commence work under this contract until all insurance required as stated herein has been obtained and the College has approved such insurance.

9. “Claims made” insurance policies are not acceptable.

2. MISREPRESENTATION:

Misrepresentation of any material fact, whether intentional or not, regarding the firm’s insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing contract.

3. GOVERNMENTAL ENTITIES:

In the event the firm is a governmental entity, different insurance requirements may apply.

Page | 14

EVALUATION PROCESS AND CRITERIA

1. EVALUATION PROCESS:

A. The evaluation process will consist of an Evaluation Committee composed of TCC staff members and Florida Department of Transportation staff, selected by the College’s Vice President for Administrative Services and a member of the Florida Department of Transportation, that will conduct an initial evaluation of all written proposal responses. The selection committee will make a final recommendation to award based on all written proposals and other factors in the best interests of the College.

B. The evaluation of each response to this ITN will be based on its overall competence, compliance, format, and organization. The Award shall be made to the responsive and responsible vendors whose proposal is determined to be the most advantageous to the College, taking into consideration the following evaluation criteria listed below. Pricing may be a criterion. However, the College is under no obligation whatsoever to select as most responsive the proposal that demonstrates the lowest pricing.

The College shall be the judges of this project’s best interests, the proposals, and approval of the resulting contract. The College’s decision will be final. The College shall be the sole judge of its own best interests, the proposals, and approval of the resulting contract.

2. NON-RESPONSIVE AND/OR DISQUALIFIED PROPOSALS:

A. Non-responsive and/or Disqualified proposals will be rejected by the Purchasing

Department and will not be distributed to the evaluation committee for consideration.

Additionally, the evaluation committee may determine that required submittals/documentation is so inadequate as to be determined to be non-responsive and/or disqualified. Non-responsive and/or Disqualified proposals may include, but are not limited to the following:

1. Failure to sign the proposal

2. Failure to acknowledge addenda

3. Failure to provide required submittals/documentation/Mandatory Forms

4. Submission of a late proposal

5. Submission of a proposal that contains conflicting terms and conditions than those listed by the College

6. Proposer does not meet minimum mandatory requirements

3. EVALUATION CRITERIA:

A. To ensure that all ITN’s are fairly evaluated it is very important that the ITN’s are prepared according to the prescribed format.

B. Vendor proposals will be evaluated based upon how well each Vendor’s plans meet the College’s needs. Specific consideration will be given to the following responses:

• Range of printing techniques, instrumentalities, or services offered in-house by the vendor in order to meet the College scope of work expectations.

Page | 15

• Operating procedures to include quality control; sustainability; copyright checking; bulk mailing; fulfillment services; order placement (including online ordering capabilities), processing and delivery; and information management.

• Financial consideration and flexibility of the Vendor including rebates, payment terms, and opportunities for additional savings and efficiencies

• Pricing within and across categories of services. While pricing is a factor for consideration, it is important to understand that this is not a bid, but a means to gauge the vendors who are most prepared to provide the best value to the College.

• Experience and references

• Compliance with TCC terms and conditions

C. Although the College reserves the right to negotiate with any vendor or vendors to arrive at its final decision and/or to request additional information or clarification on any matter included in the proposal, it also reserves the right to select the most responsive vendor or vendors without further discussion, negotiation, or prior notice.

The College may presume that any proposal is a best-and- final offer.

Page | 16

GENERAL INFORMATION

PURCHASING AGREEMENTS WITH OTHER PUBLIC AGENCIES:

A. All firms submitting a response to this ITN agree that such response also constitutes an offer to all public entities within the State of Florida under the same conditions, for the same price, and for the same effective period, unless an exemption is submitted with the proposal. The exemption should be submitted on a separate form with the Statement of Qualifications and labeled Exemption to Purchasing Agreements with other Public Agencies.

B. Each public agency desiring to accept these proposals, and make an award thereof, shall do so independently of any other public agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by the virtue of this ITN.

SCHEDULE OF EVENTS:

The College will attempt to adhere to the following schedule of events:

Date Time Description

October 3rd, 2023 5:00

PM

Release of ITN to Public, Posted on MyFloridaMarket Place & Solicitation - Tallahassee Community College (fl.edu)

October 10th, 2023 4:00

PM

Deadline for Written Questions / Requests for Information

Questions must be submitted in writing via email to Dustin Frost, Director of Procurement and Auxiliary Service Dustin.frost@tcc.fl.edu

October 16th, 2023 5:00

PM

Anticipated Date of official response to questions via Question and Answer Form will be posted on MyFloridaMarket Place & Solicitation - Tallahassee Community College (fl.edu)

October 23rd, 2023 1:45 PM Proposals Due

October 24th, 2023 2:00 PM Anticipated Commencement of Proposal Evaluation

October 30th, 2023 10:00 AM Anticipated notification of Intent to Negotiate Award https://www.tcc.fl.edu/about/college/administrative-services/purchasing/solicitation/ mailto:Dustin.frost@tcc.fl.edu https://vendor.myfloridamarketplace.com/

Page | 17

PROPOSAL SPECIFICATIONS

1. SCOPE OF SERVICES SOUGHT

A. Intent to Negotiate

The objective of this Invitation to Negotiate (ITN) is to enable Tallahassee Community College to enter into a contract with a Respondent to provide Printing services for The Teen Traffic Safety Grant - Mailer Project of Parent/Teen Safe Driving Folders. This ITN will be a multiple year awarded contract.

B. Background

Project Background Summary:

The Teen Traffic Safety Grant is a collaborative project undertaken by the Florida Teen Safe Driving Coalition, funded by the Florida Department of Transportation, in partnership with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) with the shared goal of promoting safe driving practices among newly licensed teen drivers in the state of Florida.

Project Overview:

Under a formal Memorandum of Understanding (MOU) with the FLHSMV, The Florida Teen Safe Driving Coalition has gained access to the contact information of newly licensed teen drivers across Florida.

The Parent and Teen Safe Driving Folder is an educational resource that was created by the Florida Teen Safe Driving Coalition and is designed with a dual focus, providing essential information to both teen drivers and their parents.

• Teen Driver Side: The folder includes a section dedicated to teen drivers, offering guidance, tips, and resources aimed at cultivating responsible driving behaviors. It also features a driver's log for teens to meticulously record their practice hours under various driving conditions and times, promoting skill development and experience accumulation.

• Parent Side: On the flip side, the folder contains critical information for parents. It equips them with knowledge about their role in their teen's journey to becoming a safe driver. This includes insights into supervising practice sessions, understanding licensing requirements, and promoting discussions about responsible driving habits.

It also contains a signable Parent/Teen Driver Contract.

The FLHSMV, recognizing the sensitivity of the contact data provided, ensures the utmost confidentiality and security by requiring the printer responsible for producing the folders to sign a strict confidentiality agreement. Each folder is meticulouslyhand-stuffed with precision and care, ensuring that the correct information reaches its intended recipients.

Page | 18

The distribution of the Parent and Teen Safe Driving Folder is an ongoing project that has made a substantial impact on teen driver safety in Florida. The Florida Teen Safe Driving Coalition expects to selected print vendor to print and ship between 55,000 to 65,000 folders on a quarterly basis.

C. Statement of Work

A mailer project to print/mail a total of 264,000 folders to provided contacts within Florida.

The project plan would include 4 quarterly sends of around 55,000-66,000 bulk mail contacts per quarter. The corresponding mailer would only be to Florida based zip codes.

Project Type: Pocket Folder, 7 Inserts, Outer Envelope

Projects Specs:

• Part 1 - Flat Pocket Folder: Final Size : 9x12 o Flat Pocket Folder - bleeds : 4 Sides

• Part 2 - Parent/Teen Contract: Final Size : 8.5 x 11 o Parent/Teen Contract - bleeds : 4 Sides

• Part 3 - Parent/Teen Insert v1: Final Size : 8.5 x 10 o Parent/Teen Insert v1 - bleeds : 4 Sides

• Part 4 - Parent/Teen Insert v2: Final Size : 8.5 x 9 o Parent/Teen Insert v2 - bleeds : 4 Sides

• Part 5 - Parent/Teen Insert v3: Final Size : 8.5 x 8 o Parent/Teen Insert v3 - bleeds : 4 Sides

• Part 7 - 13x10 Booklet Envelope: Final Size : 13 x 10

Paper:

All paper specs can be revisited/replaced with the next available comparable option, as paper availability can be irregular.

Paper Flat Pocket Folder - 100.0 lb MacGregor Dull Cover Parent/Teen Contract - 70.0 lb Husky Offset ctns Parent/Teen Insert v1 - 70.0 lb MacGregor Gloss Text Parent/Teen Insert v2 - 70.0 lb MacGregor Gloss Text Parent/Teen Insert v3 - 70.0 lb MacGregor Gloss Text 13x10 Booklet Envelope - 28.0 lb Mac Booklet 13x10 White

Ink Considerations:

Ink Flat Pocket Folder - 4/4+ Flood Gloss Aqueous Coating Parent/Teen Contract - 4/4 Parent/Teen Insert v1 - 4/4 Parent/Teen Insert v2 - 4/4 Parent/Teen Insert v3 - 4/4 13x10 Booklet Envelope – 1

Page | 19

INSTRUCTIONS FOR PREPARING PROPOSALS

1. PROPOSAL FORMAT:

The proposal should be divided into sections with references to parts of the ITN done on a section-by-section basis. Each section should be it own “Folder” within the USB

2. PROPOSAL SUBMITTAL FORMAT AND SUBMISSION REQUIREMENTS –

Failure to provide information required in this Proposal response portion of this ITN packet may result in a disqualification of entire proposal.

Section 1 - Letter of Understanding

A. Letter of Understanding: This letter will summarize in a brief concise manner;

the proposer understands the Scope of Work and make a positive commitment to perform the work/service in a timely manner. The letter must be signed by an official authorized to make such commitments and enter into a contract with the College. The letter must indicate the official’s title or authority. The letter should not exceed two (2) pages in length and should be inserted under Section 1 of the Proposal.

B. Corporate Information: If proposer is a corporation, provide a copy of the certification from the Florida (or other state) Secretary verifying proposer’s corporate status and good standing, and in the case of out of state corporation, evidence of authority to do business in the State of Florida.

Section 2 – Experiences/References

A listing of the company projects/customers similar in size and scope to the services described in the ITN, both current and past customers. This list must include the name, address, telephone, and email address of the client contract administrator.

Section 3- Company Locations & Services

Please list in detail the location/s of your company (indicate store-front and/or production only) and the in-house services that can be provided at each site, including equipment. Examples of services are: digital and offset printing, finishing services, direct mail, copyright clearance, storage, online ordering process, etc. Lastly, describe what certifications your company holds (e.g. CASS certification, FSC certification, etc.)

Section 4- Project Examples

Please provide examples of services/projects rendered in the State of Florida, particularly within institutions of higher learning. Please also detail the project communication process and how the vendor ensures the projects are completed on time and meet the expectations of the customer. Lastly, describe your company’s quality control process for printing.

Section 5- Creative Offerings – Sustainability, Social Responsibility, Small Business

Page | 20

The College is concerned with social responsibility, for the environment and is committed to sustainable procurement practices. Please discuss the application of green (sustainable) processes, the use of recycled and sustainable certified papers, packing materials, green organizational policies, offset and programs to reduce your company’s impact.

Section 6- Pricing and Financial Offering

Pricing should be submitted in workbook format, such as Excel or Adobe (.pdf) format.

Protected workbooks are not acceptable for analysis. Also, please include any financial considerations and the flexibility of the Vendor including rebates, payment terms, and opportunities for additional savings and efficiencies. It is important to understand that this is not a bid, but a means to gauge the vendors who are most prepared to provide best value to the College.

Section 7- Required forms

• Disputes Disclosure Form

• Public Entity Crimes Form

• Proposal Response Form

• Proposal certification Form

• Drug-Free Workplace Form

• Addendum Acknowledge Form

The College will also post all addenda and materials relative to this procurement on the Purchasing website: Solicitation - Tallahassee Community College (fl.edu) and the State of Florida’s eProcurement System MyFloridaMarket Place Vendor Information Portal. Interested parties are responsible for monitoring these sites for new or changing information relative to this procurement.

• E-Verify Form

Page | 21

DISPUTES DISCLOSURE FORM-Section 7 Please answer the following questions Yes or No. If you answer yes to any of the questions please provide a full explanation below the question.

1. Has your company or any of its officers received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory…