PC-400000-C2948.pdf

Revised 02272019

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.

DEO Solicitation No.: 20-ITB-008-WM Page 1 of 40

DEPARTMENT OF ECONOMIC OPPORTUNITY

INVITATION TO BID

Solicitation Acknowledgement Form

Page 1 of 40 pages SUBMIT BID TO:

Department of Economic Opportunity Purchasing Office 107 East Madison Street, B-047 Tallahassee, Florida 32399-4128 Telephone Number: 850-245-7455

AGENCY RELEASE DATE:

07/21/2020

SOLICITATION TITLE: SOLICITATION NO:

Technology Wiring and Cabling Services 20-ITB-008-WM

BIDS WILL BE OPENED: 08/20/2020 at 3:00 PM, Eastern Time and may not be withdrawn within 180 days after such date and time.

I certify that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the Respondent and that the Respondent is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements. In submitting a bid to an agency for the State of Florida, the Respondent offers and agrees that if the bid is accepted, the Respondent will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Respondent.

RESPONDENT NAME:

RESPONDENT MAILING ADDRESS:

CITY – STATE – ZIP:

* Authorized Representative’s Signature

PHONE NUMBER:

TOLL FREE

NUMBER:

FAX NUMBER: * Typed Name and Title of Authorized Representative

EMAIL ADDRESS:

FEID NO.: *This individual must have the authority to bind the Respondent.

TYPE OF BUSINESS ENTITY (Corporation, LLC, partnership, etc.):

RESPONDENT CONTACTS: Please provide the name, title, address, telephone number and e-mail 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:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE

NUMBER: PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

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DEO Solicitation No.: 20-ITB-008-WM Page 2 of 40

SECTION A

PUR 1001 – GENERAL INSTRUCTIONS TO RESPONDENTS

This section explains the General Instructions to Respondents (PUR 1001) of the solicitation process and is a downloadable document incorporated into this solicitation by reference. This document should not be returned with the Response.

http://dms.myflorida.com/content/download/2934/11780

In the event of a conflict between the terms of the PUR 1001 and the other terms of this solicitation, the other terms of this solicitation will control.

PUR 1000 – GENERAL CONTRACT CONDITIONS

The General Contract Conditions (PUR 1000) is a downloadable document incorporated in this solicitation by reference, which contains general contract terms and conditions that must apply to any contract resulting from this ITB to the extent they are not otherwise modified herein. This document should not be returned with the Response.

http://dms.myflorida.com/content/download/2933/11777

In the event of a conflict between the terms of the PUR 1000 and the other terms of this solicitation, the other terms of this solicitation will control.

- Remainder of Page Intentionally Left Blank -http://dms.myflorida.com/content/download/2934/11780 http://dms.myflorida.com/content/download/2933/11777

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DEO Solicitation No.: 20-ITB-008-WM Page 3 of 40

SECTION B

SPECIAL INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF BIDS

B.1 Solicitation Number 20-ITB-008-WM

B.2 Solicitation Type Invitation to Bid (ITB)

B.3 Program Office Information Technology

B.4 Purchasing Office Winston McGriff/ Purchasing Analyst Vincent McKenzie/Purchasing Manager Purchasing Office

107 East Madison Street, B-047 Tallahassee, Florida 32399

(850) 245-7467/(850) 245-7463(Office Number) Winston.McGriff@deo.myflorida.com Vincent.Mckenzie@deo.myflorida.com

B.5 Restrictions on Communication with DEO Staff

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of this solicitation and the end of the 72 hour period following DEO 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 Purchasing Office named above. Violation of this provision may be grounds for rejecting a bid.

B.6 Calendar of Events

Listed below is the calendar of important actions and dates/times by which the actions must be taken or completed.

If DEO finds it necessary to change any of these dates/times, it will be accomplished by addendum. Time is stated in terms of local time in Tallahassee, Florida.

mailto:Winston.McGriff@deo.myflorida.com mailto:Vincent.Mckenzie@deo.myflorida.com

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DEO Solicitation No.: 20-ITB-008-WM Page 4 of 40

Estimated Calendar of Events Date and Time

1.

Date of Issuance and published on the Florida Vendor Bid System website at:

http://vbs.dms.state.fl.us/vbs/main_menu

07/21/2020

2 Technical Questions due from prospective Respondents (Only email inquiries will be accepted.) 08/04/2020 @ 5:00 PM

Anticipated Posting of Questions and Answers to the Florida Vendor Bid System website (via addendum) at:

http://vbs.dms.state.fl.us/vbs/main_menu

08/11/2020

4.

Bids Due and Opened 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399.

THE BID OPENING WILL BE AVAILABLE TO THE PUBLIC VIA

CONFERENCE CALL ONLY.

Conference Call Number: 1-888-585-9008 Conference Room: 952-708-564

08/20/2020 @ 3:00 PM

5. Anticipated Posting of Notice of Intent to Award 08/27/2020

Addenda or clarifications to this ITB along with an Addendum Acknowledgement Form will be posted on the Florida Vendor Bid System (VBS). It is the Respondent’s responsibility to monitor the Florida Vendor Bid System for any solicitation updates.

B.7 Notice of Potential Federal Funding

All or some portion of this procurement may be funded with federal funds. The exact amount of federal funding used will be based on the DEO’s federally approved cost allocation plan.

B.8 OMITTED

B.9 Questions (This section supersedes Section A, PUR 1001, Instruction #5, Questions)

Any questions from Respondents concerning this ITB shall be submitted via email to Winston McGriff and Vincent McKenzie at winston.mcgriff@deo.myflorida.com and vincent.mckenzie@deo.myflorida.com by the date and time specified in Section B.6, Calendar of Events. Only e-mail inquiries will be accepted. All emails to the procurement officer should contain the solicitation number in the subject line of the email. All questions and/or changes to the solicitation will be posted on the Department of Management Services (DMS) Florida Vendor Bid System (VBS) as an addendum. It is the prospective Respondent’s responsibility to periodically check the VBS for any solicitation updates. DEO bears no responsibility for any delays, or resulting impacts, associated with a prospective http://vbs.dms.state.fl.us/vbs/main_menu http://vbs.dms.state.fl.us/vbs/main_menu mailto:laura.jennings@deo.myflorida.com

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DEO Solicitation No.: 20-ITB-008-WM Page 5 of 40

Respondent’s failure to obtain the information made available through the Florida Vendor Bid System. Respondent questions should be submitted in the format included in Attachment J – Technical Questions Submittal Form.

Each Respondent shall be responsible for all services required under this solicitation. The Respondent is required to carefully examine the specifications set forth and to be knowledgeable of any and all conditions and requirements that may in any manner affect the work to be performed as described in this solicitation. No allowances will be made to the selected Respondent because of lack of knowledge of conditions or requirements, and the selected Respondent will not be relieved of any liabilities or obligations.

INFORMATION WILL NOT BE PROVIDED BY THE TELEPHONE. Any information received through oral communication shall not be binding on the Department and shall not be relied upon by any Respondent.

B.10 Submission of Bids (This section supersedes Section A, PUR 1001, Instruction #3, Electronic Submission of Responses)

As of the date of posting, DEO’s offices are closed to the public. All bids must be sent via U.S. mail, certified mail or overnight courier, until such time as DEO’s offices are re-opened to the public. Any change to building access regarding this solicitation will be posted on the Vendor Bid System.

Bids are to be submitted in a sealed package with the solicitation number and opening date and time identified on the outside. BIDS SUBMITTED ELECTRONICALLY OR BY FACSIMILE WILL BE REJECTED.

Each bid shall be prepared simply and economically, following the instructions contained herein.

BIDS RECEIVED AFTER THE EXACT TIME SPECIFIED WILL NOT BE CONSIDERED AND WILL BE RETURNED TO THE

RESPONDENT UNOPENED.

B.11 Withdrawal of Bids

The Respondent may withdraw its submitted bid at any time before bids are opened by DEO by sending an email to the Purchasing Office contacts set forth in Section B.4. A submitted bid may be withdrawn if, within 72 hours after the bid due date and time indicated in the Calendar of Events, the Respondent submits a signed, written request for its withdrawal to DEO.

B.12 Bid Opening (This section supersedes Section A, PUR 1001, Instruction #12, Public Opening)

The bid opening will be held at the time and date specified in Section B.6, “Calendar of Events” in the Purchasing Office, 107 East Madison Street, Caldwell Building, Tallahassee, Florida.

As of the date of posting, DEO’s offices are closed to the public. DEO will conduct the public opening at the date and time via the teleconference number set forth in the Calendar

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DEO Solicitation No.: 20-ITB-008-WM Page 6 of 40 of Events. Any change to building access regarding this solicitation will be posted on the Vendor Bid System.

The name of all Respondents submitting bids shall be made available to interested parties upon written request to the contact person(s) listed in Section B.4. Any person with a qualified disability shall not be denied equal access and effective communication regarding any solicitation documents or the attendance to any related meeting or bid opening.

Sealed bids received by DEO in response to this solicitation are subject to production, disclosure, inspection and copying, in accordance with Chapter 119, Florida Statutes, once DEO posts its decision or intended decision pursuant to s. 120.57(3)(a), F.S., or 30 days after the bid opening, whichever is earlier.

B.13 Solicitation Requirements

The following requirements must be met by the Respondent in order for its bid to be considered responsive to this solicitation; however, this is not an exhaustive list of mandatory requirements. Timely bids that do not meet all mandatory requirements of this solicitation, including providing all required information, documents or materials, will be rejected as non-responsive. Mandatory requirements of the bid are those set forth as mandatory, or without which an adequate analysis and comparison of bids is impossible, or those which affect the competitiveness of bids or the cost to DEO.

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DEO Solicitation No.: 20-ITB-008-WM Page 7 of 40

Bids may be rejected as non-responsible if past performance or current status do not reflect the capability, integrity or reliability to perform fully and in good faith the requirements of the contract.

B.14 Cost of Preparing Respondent’s Bid

DEO is not liable for any costs incurred by a Respondent in responding to this ITB, or for any cost incurred for any oral presentations, if applicable.

B.15 Disclosure and Ownership of Bids by the Department

A Respondent’s bid shall be a public record and subject to production, disclosure, inspection and copying consistent with the requirements of Chapter 119, Florida Statutes. A Respondent’s bid, upon submission, and any resulting Contract shall be the property of DEO except those parts asserted to be confidential or exempt pursuant to Chapter 119, Florida Statutes, and DEO, in its sole discretion, shall have the right to use, reproduce, and disseminate the bid and contract.

B.16 Respondent’s Duties to Assert Exemption from Disclosure as a Public Record

MANDATORY REQUIREMENTS FOR EVALUATION

A. It is MANDATORY that the Respondent submits its bid in the format prescribed and within the time frame specified in Section B.6, Calendar of Events.

B. It is MANDATORY that the Respondent return in accordance with the requirements of Sections B.35 and B.37, one original, signed and sealed bid package along with two paper copies and one electronic copy of the sealed bid (on compact disc or USB drive), which include the following required attachments:

1. DEO Solicitation Acknowledgement Form

2. Attachment A – Reference Form

3. Attachment B – Bid Cost Response

4. Attachment C – Drug Free Workplace Certification

5. Attachment D – Disclosure Statement/Conflict of Interest

6. Attachment E – Certification Regarding Debarment

7. Attachment F – Certification Regarding Lobbying

8. Attachment I – List of Subcontractors

C. If a Respondent fails to submit all completed documentation with its bid, DEO reserves the right, but has no duty, to contact the Respondent by telephone for submission of this document via email. This right may be exercised when the bid has met all other requirements of the solicitation.

The use of the terms “shall”, “must”, or “will” within these solicitation documents indicate a MANDATORY requirement or condition.

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DEO Solicitation No.: 20-ITB-008-WM Page 8 of 40

Any bid content submitted to DEO which is asserted to be exempted by law from disclosure as a public record shall be set forth on a page or pages separate from the rest of the bid, and clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption specifically identified in writing on each and every such page. Failure to segregate and so identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the bid or other document in which the content is set forth.

Pursuant to section 215.985(14), F.S., the Department of Financial Services (DFS), has developed a web-based system that provides information and documentation about government contracts called the “Florida Accountability Contract Tracking System” or “FACTS.” An important aspect of this system is the posting of contract images on the Internet, including contract attachments, which may include all or part of your response to this solicitation.

Any claim of exemption from public disclosure is waived upon submission, unless addressed as set forth above. DEO will attempt to afford protection from disclosure of any trade secret as defined in section 812.081(1)(c), F.S., or section 688.002, F.S., where identified as such in the reply, to the extent permitted under section 815.045, F.S., or section 288.075, F.S., and Chapter 119, F.S. Each Respondent acknowledges that the protection afforded by section 815.045, F.S., is incomplete, and hereby agrees that no remedy for damages may arise from any disclosure by DEO.

DEO takes its public records responsibilities under Chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If a Respondent considers any portion of the documents, data or record submitted in response to this solicitation to be exempted by law from disclosure as a public record, the Respondent must also provide the Department with a separate Redacted Copy of its bid, in hard copy and on a compact disk or USB drive, at the time of bid submission.

This Redacted Copy shall contain DEO’s solicitation name, number, and the name of the Respondent on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to the Department at the same time the Respondent submits its response to the solicitation and must only exclude or obliterate those exact portions which are exempted by law from public disclosure. Each individual portion of the Redacted Copy that Respondent asserts is confidential must contain a citation to the specific law making the content of the redacted portion confidential.

If it is determined that the bid does not contain any information which is exempted by law from public disclosure, please provide as part of the bid, a written statement to that effect which is executed by an authorized representative of the Respondent’s company with legal authority to make this determination on behalf of the Respondent.

Respondent shall protect, defend, and indemnify, save and hold harmless, DEO from any and all claims, demands, liabilities and suits of any nature arising out of, because of, or due to failure of DEO to release information redacted by the Respondent, and to further indemnify DEO for any other loss DEO incurs due to any claim being made against DEO regarding portions of its Redacted Copy being confidential, proprietary, trade secret or otherwise not subject to disclosure.

If Respondent fails to submit a Redacted Copy with its bid, DEO is authorized to produce the entire document(s), data or records submitted by Respondent in answer to a public records request.

B.17 Posting of Recommended Award (This section supersedes Section A, PUR 1001, Instruction #13, Electronic Posting of Notice of Intended Award).

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DEO Solicitation No.: 20-ITB-008-WM Page 9 of 40

The Bid Tabulation, with recommended award, will be posted for review by interested parties at the location identified in Section B.6, “Calendar of Events” above for a period of 72 hours, excluding weekends and State observed holidays; and on the Vendor Bid System.

1. ANY NOTICE OF PROTEST OR FORMAL WRITTEN PROTEST MUST BE TRANSMITTED BY THE RESPONDENT

TO THE AGENCY CLERK AS SET FORTH HEREIN. IN NO EVENT WILL DEO CONSIDER ANY

COMMUNICATION MADE BY THE RESPONDENT TO ANY OTHER INDIVIDUAL AT DEO AS A NOTICE OF

PROTEST OR A FORMAL WRITTEN PROTEST UNDER S. 120.57(3), F.S.

2. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

3. If the Respondent desires to protest this Solicitation or DEO’s decision or intended decision under this

Solicitation, including a decision to reject all bids, the Respondent must do so within the time prescribed in Section 120.57(3), F.S., and Chapter 28-110, F.A.C. All notices of protest under Section 28-110.003, F.A.C., must be delivered by email to agency.clerk@deo.myflorida.com. All formal written protests under Section 28-110.004, F.A.C., must be delivered in accordance with the emphasized instructions below, to the agency clerk at the following address:

AGENCY CLERK

DEPARTMENT OF ECONOMIC OPPORTUNITY

OFFICE OF THE GENERAL COUNSEL

107 EAST MADISON ST., MSC 110

TALLAHASSEE, FLORIDA 32399-4128

As of the date of posting, DEO’s offices are closed to the public. All formal written protests must be sent via certified mail or overnight courier to the agency clerk at the above address until such time as DEO’s offices are re-opened to the public. Any change to building access regarding this solicitation will be posted on the Vendor Bid System.

B.18 Description of Work Being Procured

The Department of Economic Opportunity (DEO), Division of Information Technology is requesting bids from prospective qualified contractors to provide network and data cabling for the Department’s various office locations statewide. All work shall be performed in accordance with the Scope of Work contained in Section C.

B.19 Number of Awards

DEO anticipates the issuance of one or more contracts depending on the locations of services under this solicitation.

DEO reserves the right to issue multiple contracts if doing so is believed to be advantageous to DEO and the State of Florida. DEO, in its sole discretion, shall determine whether multiple contracts will be issued.

B.20 Contract Period mailto:agency.clerk@deo.myflorida.com

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DEO Solicitation No.: 20-ITB-008-WM Page 10 of 40

The contract period is expected to begin upon execution and remain in effect for a period of 36 months. The selected Contractor will be expected to be able to assume the responsibilities outlined herein within 30 days of contract execution.

B.21 Contract Renewal

DEO reserves the right to renew the contract resulting from this solicitation. Renewal of this contract shall be in writing and shall be subject to the terms and conditions set forth in the existing contract. Renewal shall be limited to an additional term not to exceed three years. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds.

Any contract resulting from this ITB will have a duration of three years. No contract/amendment shall be valid, nor shall the state be bound by the contract/amendment, until it has first been executed by the head of the using agency, or his/her designee, the contractor and has been approved in writing by DEO. Total contract term, with extensions, shall not exceed three years.

B.22 Type of Contract Contemplated (This section supersedes Section A, PUR 1000, Condition #2, Purchase Order), only if the Contract award is equal to or greater than $65,000)

A fixed price Contract is proposed; however, DEO reserves the right to award another type of Contract if doing so is believed to be advantageous to DEO and the State of Florida, considering price and other factors. Contractor shall be paid for the services rendered under the Contract upon satisfactory completion of these services.

A copy of the proposed contract containing all requirements is included in Section D, “DEO Vendor Core Contract.”

The requirements contained in the proposed Contract should be closely reviewed by the Respondent. DEO may consider any modifications proposed by the Respondent if it is determined to be in the best interest of DEO.

Information on Federal procurement regulations, state statutes and rules referred to in this solicitation, may be obtained by contacting DEO’s Purchasing Office referred to in Section B.4.

B.23 Bid Acceptance Period

DEO intends to execute the contract(s) as soon as possible after the posting of DEO’s decision. DEO, at its discretion, may terminate discussions with the highest ranked Respondent if an agreement is not executed within thirty (30) days after the announcement of an award and may proceed to award the contract to the second ranked Respondent.

B.24 Firm Bid (This section supersedes Section A, PUR 1001, Instruction #14, Firm Response).

Any submitted bid shall remain firm and valid for 180 days after the bid submission due date, or until a contract is fully executed, whichever occurs first. The Respondent shall not withdraw any bid within this time period except as described in Section B.11. Any bid that expresses a shorter duration of validity may, in DEO’s sole discretion, be accepted or rejected.

B.25 Disclosure

Information will be disclosed to Respondents in accordance with state statutes and rules applicable to this solicitation.

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DEO Solicitation No.: 20-ITB-008-WM Page 11 of 40

B.26 Laws and Permits

Contractor(s) must comply with all local, state and federal laws, rules, regulations and codes whenever work is being performed under this contract. All permits and licenses required for this contract must be obtained by the contractor and maintained for the duration of the Contract.

B.27 Insurance

1. Contractor’s Commercial General Liability Insurance:

By execution of this Contract, unless Contractor is a state agency or subdivision as defined by Subsection 768.28(2), F.S., Contractor shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during this Contract. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage.

2. Workers’ Compensation and Employer’s Liability Insurance:

Contractor, at all times during the Contract, at its sole expense, shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, as a minimum, shall be: workers’ compensation and employer’s liability insurance in accordance with chapter 440, F.S., with minimum employer’s liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any Contract work.

3. Other Insurance:

During the Contract term, Contractor shall maintain any other insurance as required in Section C, Scope of Work.

The Contractor selected under this ITB shall maintain, during the life of the Contract, Workers’ Compensation Insurance for all of its employees connected with this Contract. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employee engaged in hazardous work under the contract is not protected under the Workers’ Compensation statute, Contractor shall provide adequate insurance, satisfactory to DEO, for the protection of its employees not otherwise protected.

The Contractor selected under this ITB shall maintain, during the life of the Contract, comprehensive general liability coverage with limits of not less than $100,000 per occurrence and $500,000 general aggregate for bodily injury and property damage.

The selected Contractor’s current certificate of insurance shall contain a provision that the insurance will not be canceled or modified for any reason except after 30 days written notice to DEO’s Contract Manager, with the exception of ten days’ notice for non-payment of premium by the insured.

The selected contractor shall be required to submit insurance certificates, evidencing such insurance coverage, prior to the execution of a contract with DEO. The insurance certificate must name DEO as an additional insured and identify DEO’s Contract Number. Copies of new insurance certificates must be provided to DEO’s Contract Manager with each insurance renewal.

B.28 Vendor Registration

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DEO Solicitation No.: 20-ITB-008-WM Page 12 of 40

Prior to entering into a contract with DEO, the selected contractor must be registered with the Florida Department of Management Services (DMS) MyFloridaMarketPlace (MFMP) Vendor Registration System. Information about the registration process is available, and registration may be completed, at the MFMP website at:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/re quirements_for_vendor_registration. Respondents who do not have Internet access may request assistance from MFMP Customer Services at (866) 352-3776.

The following DMS Class/Group code is provided to assist you in the registration process:

Insert Commodity Codes and Descriptions pertaining to this solicitation in the table below. Add/Delete rows as necessary.

Code Description 26121609 Network Cable 26121607 Fiber Optic Cable 83112300 Fiber Telecommunication Service 43220000 Data Voice or Multimedia 72151605 Voice and Data Service 81161712 Network Voice Service 81161800 Data Voice or Multimedia

A list of Commodity Codes can be found here:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/current_projects/ myfloridamarketplace_commodity_code_standardization_project. If you need assistance, the Purchasing Office can help.

B.29 Florida Department of State Registration Requirements

All entities identified under Chapters 607, 617, 620, 621 or 865, Florida Statutes, seeking to do business with DEO shall, prior to entering into a Contract, be appropriately registered with the Florida Department of State.

B.30 Diversity

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and veteran-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority-, women-, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

B.31 Contractors and Subcontractors

The resulting Contract allows the Contractor to subcontract for any of the services provided in the resulting Contract. The Contractor will be the prime service provider and shall be responsible for all work performed and Contract deliverables. The Contractor shall not enter into any subcontracts for the delivery of any services described in this Contract without the prior written approval of DEO. Proposed use of subcontracts should be included in the http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/requirements_for_vendor_registration http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/requirements_for_vendor_registration http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/current_projects/myfloridamarketplace_commodity_code_standardization_project http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/current_projects/myfloridamarketplace_commodity_code_standardization_project mailto:osdinfo@dms.myflorida.com

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DEO Solicitation No.: 20-ITB-008-WM Page 13 of 40

Respondent’s bid. Requests for use of subcontractors received subsequent to the ITB process are subject to review and approval by DEO.

B.32 Conflict of Interest

The Respondent covenants that it presently has no interest in and shall not acquire any interest, direct or indirect, which would conflict in any manner of degree with the performance of the services required to be performed under the Contract resulting from this solicitation. The selected Contractor shall be required to provide written notification to DEO within (5) working days of the discovery of a potential conflict of interest. DEO shall have the authority to determine whether or not a conflict of interest exists.

B.33 Rights to Data and Copyright

Writings, publications, films, videos, technical reports, equipment, computer hardware and software, recordings, computer programs, computerized data bases, data processing programs, pictorial reproductions, maps, drawings, specifications, graphical representations, and works of similar nature (whether copyrighted or not copyrighted), which are submitted with a bid or specified to be delivered under a project contract shall be maintained by DEO and may be released as public records. Additionally any writings, publications, films, videos, technical reports, equipment, computer hardware and software, recordings, computer programs, computerized data bases, data processing programs, pictorial reproductions, maps, drawings, specifications, graphical representations, and works of similar nature (whether copyrighted or not copyrighted), which are developed or produced and paid for in whole or in part by Contract funds become the property of DEO except as may otherwise be provided in the Contract.

B.34 OMITTED

B.35 Submittal Requirements

One signed original, two copies, and one electronic, signed copy (on compact disc or USB drive) of the bid must be submitted for review by DEO. Each copy is to be bound individually. Use of legible reproductions of signed originals is authorized for all other copies of the bid.

If a Respondent fails to submit the one electronic (i.e., on compact disc or USB drive), signed copy of its original bid or the one electronic (i.e., on compact disc or USB drive) with its bid, DEO reserves the right to contact the Respondent by telephone for submission of this document via mail. This right may be exercised when the bid has met all other requirements of the solicitation.

If Respondent considers any portion of its bid to be confidential, the Respondent shall submit a compact disc or USB drive containing one copy of the signed original bid with the confidential information redacted. This compact disc or USB drive shall be titled “Redacted Copy.” Each individual portion of the Redacted Copy that Respondent asserts is confidential must contain a citation to the specific law making the content of the redacted portion confidential.

B.36 Elaborate Bids

It is not necessary to prepare your bid using elaborate brochures and artwork, expensive paper and bindings, or other expensive visual presentation aids; instead prepare your bid simply and in accordance with the instructions herein.

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DEO Solicitation No.: 20-ITB-008-WM Page 14 of 40

B.37 DEO Solicitation Acknowledgement Form

DEO’s Solicitation Acknowledgement Form shall be completed as instructed. Respondents are required to complete, sign and return the “DEO Solicitation Acknowledgment Form” with their bid submittal. This form must be completed and signed by a representative who is authorized to contractually bind the Respondent.

If a Respondent fails to submit a signed DEO Solicitation Acknowledgment Form with their bid, DEO reserves the right to contact the vendor by telephone for submission of this document via email with follow up via mail. This right may be exercised when the bid has met all other requirements of the solicitation.

In the event that respondents submit a bid as part of a joint venture, each member of the joint venture must complete and sign a separate DEO Solicitation Acknowledgement Form.

B.38 Cost Response Submittal

Each Respondent shall use the forms provided as Attachment B, “Cost Response”, to provide rates for the services requested in this solicitation.

The rates provided shall include the cost of all things necessary to accomplish the services outlined in Section C and the Respondent’s response hereto, including, but not limited to Respondent’s furnishing the necessary personnel and labor, supplies, equipment, services, insurance, MyFloridaMarketPlace transaction fees miscellaneous expenses and the application of all multiples (i.e. overhead, fringe benefits, etc.), travel and incidental expenses.

Failure by the Respondent to complete and submit Attachment B, “Cost Response,” and provide a cost on Attachment B shall result in the bid being deemed non-responsive, and therefore, the bid will be rejected.

Footnotes, notations, and exceptions made to Attachment B shall not be considered.

B.39 Past Performance References

In the spaces provided on Attachment A, the Respondent must list three separate client references, other than DEO, for which work similar to that specified in this solicitation has been performed within the last three year(s).

Do not list the same client for more than one reference. Do not list DEO as a client. Do not include confidential clients. Fully complete all fields in Attachment A. DEO will attempt to contact the references.

Firms that are currently parent or subsidiary companies to the Respondent will not be accepted as Past Performance references under this solicitation.

If the Respondent has had a name change since the time work was performed for a listed reference, the name under which the Respondent operated at the time the work was performed must be given at the end of the project description for that reference, on Attachment A.

In the event that Respondents submit a bid as a joint venture, at least one past performance client must be listed for each member of the joint venture. However, the total number of clients to be listed remains three.

References should be available to be contacted during normal working hours.

Any information obtained as a result of such contact may be used to determine whether or not the respondent is a “responsible vendor” as defined in Section 287.012(25), F.S.

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DEO shall reject as non-responsive the Respondent’s bid if the Respondent fails to completely provide the required information for a minimum of three separate client references in the spaces provided on Attachment A.

B.40 State Project Plan

The Respondent should submit a written plan addressing the State’s four objectives listed below, to the extent applicable to the items/services covered by this solicitation. DEO expects prospective respondents to address each objective. Objectives not addressed in the selected Respondent’s bid must be addressed prior to Contract execution. The State reserves the right to negotiate mutually acceptable changes with the respondent selected for award, prior to execution of the Contract.

1. Environmental Considerations: The State supports and encourages initiatives to protect and preserve our environment. The Respondent shall submit as part of this plan the Respondent’s plan to support the procurement of products and materials with recycled content. The Respondent shall also provide a plan for reducing and/or handling of any hazardous waste generated by the Respondent which must comply with the provisions of Rule 62-730.160, Florida Administrative Code, and applicable State and Federal laws.

It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of the Respondent’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of waste.

2. Certification of Drug Free Workplace Program: The State supports and encourages initiatives to keep the workplace of Florida’s suppliers and contractors drug free. Section 287.087, Florida Statutes, provides that, where proposals which are equal with respect to price, quality, and service are received, preference shall be given to a bid received from a respondent that certifies it has implemented a drug-free workforce program. If the Respondent has a drug-free workplace program, the Respondent shall sign and submit the “Certification of Drug Free Workplace Program” Form, attached hereto and made a part hereof as Attachment C.

3. Products Available from the Blind or Other Handicapped (RESPECT): The State supports and encourages the gainful employment of citizens with disabilities. Information about RESPECT and the products it offers is available at http://www.respectofflorida.org.

The Respondent shall describe how it will support the use of RESPECT in offering the services/items being procured under this solicitation. Respondents proposing the use of RESPECT as a subcontractor shall be required to provide written proof of a subcontractor agreement for this solicitation with RESPECT with their bid. The written documentation shall be a one-page letter supplied by the subcontractor on its letterhead stationery, clearly identifying the DEO Solicitation Number, the project title, and the prime contractor with whom the firm intends to subcontract.

4. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): The State supports and encourages the use of Florida Correctional work programs. Information about PRIDE and the products it offers is available at http://www.pride-enterprises.org.

The Respondent shall describe how it will support the use of PRIDE in offering the services/items being procured under this solicitation. Respondents proposing the use of PRIDE as a subcontractor shall be required to provide written proof of a subcontractor agreement for this solicitation with PRIDE with their http://www.respectofflorida.org/ http://www.pride-enterprises.org/

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DEO Solicitation No.: 20-ITB-008-WM Page 16 of 40 bid. The written documentation shall be a one-page letter supplied by the subcontractor on its letterhead stationery, clearly identifying the DEO Solicitation Number, the project title, and the prime Contractor with whom the firm intends to subcontract.

B.41 Award

1. Price. The lowest price shall be determined by comparing each Respondent’s Grand Total Response in Attachment B for the services/items requested in this solicitation. The Respondent submitting a responsive bid with the lowest bid shall be awarded the Contract, provided the following criteria are met:

a. Qualifications- if the Respondent fails to meet the qualification requirements as outlined, DEO shall disqualify the Respondent from further consideration.

b. Client References/Past Performance. DEO will attempt to contact a minimum of two client references and, if applicable, the DEO Contract Manager for past performance to determine the Respondent’s ability to perform the requested services. The client references will be asked the questions shown in Attachment G. Any information obtained as a result of such contact may be used to determine whether or not the respondent is a “responsible vendor”, as defined in section 287.012(25), F.S.

2. In determining vendor responsibility, DEO may consider any information or evidence which comes to its attention and which reflects upon a vendor’s capability to fully perform the Contract requirements and/or the vendor’s demonstration of the level of integrity and reliability which DEO determines to be required to assure performance of the Contract.

A printed copy of DEO’s intended award decision will be posted for 72 hours in the Purchasing Office, Room B-047 Caldwell Building, located at 107 E. Madison Street, Tallahassee, Florida, and on the Vendor Bid system at the following website URL address: http://vbs.dms.state.fl.us/vbs/search.criteria_form.

A copy will also be available upon written request to the Purchasing Office. Telephone requests will NOT be accepted. Written requests must be submitted via email only and must reference the solicitation title and number in the subject line.

B.42 Identical Tie Bids

If bids which are equal with respect to price, quality, and service are received, then the award shall be determined in the order of preference listed below (from highest priority to lowest priority):

(1) Bids that certify that a drug-free workplace has been implemented in accordance with Section 287.087, F.S.;

(2) In accordance with Section 287.057(11), F.S. which states that “if two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise”;

(3) If (1) and (2) above fail to resolve the identical evaluations, then the award shall be made in accordance with what DEO deems to be in the best interest of the State, considering factors such as prior performance on state contracts or other governmental contracts; and

(4) If the application of (1), (2), and (3) fails to resolve the identical evaluations, then the award shall be made by a means of random selection (e.g., a coin toss or drawing of numbers).

B.43 Terms and Conditions (This section supersedes Section A, PUR 1001, Instruction #4, Terms and Condition).

http://vbs.dms.state.fl.us/vbs/search.criteria_form

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DEO Solicitation No.: 20-ITB-008-WM Page 17 of 40

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

1. Scope of Work (Section C),

2. DEO Core Contract (Section D),

3. Special Instructions for the Preparation and Submission of Bids (Section B),

4. General Conditions (PUR 1000),

5. General Instructions to Respondents (PUR 1001), and

6. Respondent’s Bid.

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

B.44 OMITTED

B.45 Visitor Pass to the Caldwell Building

Each visitor to the Caldwell Building is required to sign in and obtain a visitor’s pass at the security desk on the first floor, or the security desk at the loading dock entrance. Please allow enough time to obtain a visitor’s pass if hand delivering your bid to the Purchasing Office. The official date and time of receipt is the date and time the bid is stamped as received by the Purchasing Office.

B.46 Employment of DEO Personnel

Contractor shall not knowingly engage, on a full or part-time basis, any personnel who are in the employment of DEO, without prior written approval of DEO.

Further, the Contractor shall not knowingly engage any former employee of DEO where such employment conflicts with the requirements of Section 112.3185, F.S.

B.47 Respondent’s Responsibility

It is understood and the Respondent hereby agrees to be solely responsible for obtaining all materials and determining the best methods that will be utilized to meet the intent of the specifications of this solicitation.

B.48 Accessible Electronic Information Technology

Respondents submitting responses to this solicitation must provide electronic and information technology resources in complete compliance with the accessibility standards provided in Rule 60-8.002, F.A.C. These standards establish a minimum level of accessibility.

B.49 OMITTED

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DEO Solicitation No.: 20-ITB-008-WM Page 18 of 40

B.50 In-State Preference

Respondents shall complete and submit Attachment K, Principal Place of Business and Foreign State Preferences, indicating whether its principal place of business is within the State. For the purposes of this ITB, “principal place of business” means the state in which the Respondent’s high-level officers direct, control, and coordinate the Respondent’s activities. Section 287.084(2), F.S., states:

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

Consistent with Section 287.084(2), F.S., if a Respondent…