PC-700000-16006.pdf

Page 1 of 55 FDC ITB-15-139

FLORIDA DEPARTMENT OF CORRECTIONS

INVITATION TO BID (ITB)

Acknowledgement Form

Page 1 of 55 pages Allegra Small, Procurement Officer Department of Corrections Bureau of Support Services 501 South Calhoun Street Tallahassee, Florida 32399-2500 Email: purchasing@mail.dc.state.fl.us

AGENCY RELEASE DATE:

February 29, 2016

SOLICITATION TITLE: SOLICITATION NO:

Grease Trap Pumping Services FDC ITB-15-139

RESPONSES WILL BE

OPENED: April 1, 2016 at 2:00 p.m., Eastern Time and remain valid for 365 days after such date and time.

VENDOR NAME:

VENDOR MAILING ADDRESS:

CITY – STATE – ZIP:

*AUTHORIZED SIGNATURE (MANUAL)

PHONE NUMBER:

FREE NUMBER:

FAX NUMBER: *PRINT NAME AND TITLE

EMAIL ADDRESS:

FEID NO.:

*This individual must have the authority to bind the Bidder.

I certify that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same services (including equipment and supplies), 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 Submittal for the Bidder/Contractor and that the Bid is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements and mandatory attestations. In submitting a Bid to an agency for the State of Florida, the Bidder offers and agrees that if the Bid is accepted, the Bidder 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 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 Department tenders final payment to the Bidder/Contractor.

NO BID SUBMITTED: Please provide reason for “No Bid” in this Space

VENDOR 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 regarding the solicitation and any resulting contract or purchase order.

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

mailto:purchasing@mail.dc.state.fl.us Dgenzxm Typewritten Text

EXHIBIT A

Dgenzxm Typewritten Text

Page 2 of 55 FDC ITB-15-139

TABLE OF CONTENTS

TIMELINE

SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR1000)

SECTION 2.0 INSTRUCTIONS TO RESPONDENTS (PUR1001)

SECTION 3.0 INTRODUCTORY MATERIALS

3.1 Statement of Purpose

3.2 Definitions

3.3 Contract Term

3.4 General Statement

3.5 Conflicts and Order(s) of Precedence

3.6 Specifications

SECTION 4.0 TECHNICAL SPECIFICATIONS

4.1 Scope Changes after Contract Execution

4.2 Price Adjustments

4.3 Addition/Deletion of Items/Facilities

4.4 Damage to Property

4.5 Completion

4.6 Scheduling

4.7 Staffing Requirements

4.8 Mandatory Documentation

4.9 Records and Documentation

4.10 Price Page

4.11 References

4.13 Payments and Invoicing

4.14 Purchasing Card Program

4.15 Vendor Ombudsman

SECTIONS 5.0 PROCUREMENT RULES AND INFORMATION

5.1 Bidder Inquiries

5.2 Cost of Bid Preparation

5.3 Travel Expenses

5.4 Instructions for Bid Submittal

5.5 Disclosure of Bid Submittal Contents

5.6 Bid Opening

5.7 Bid Evaluation

5.8 Basis of Award

5.9 Disposal of Bids

5.10 Bid Rules for Withdrawal

5.11 Rejection of Bids

5.12 Protest Procudures

5.13 Addenda

5.13 Verbal Instruction Procedure/Discussions

5.14 No Prior Involvement and Conflict of Interest

5.15 State Licensing Requirements

5.16 MyFloridaMarketPlace (MFMP) Registration

5.17 Certificate of Authority

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5.18 E-Verify

5.19 Confidential, Proprietary, or Trade Secret Material

5.20 Vendor Substitute W-9

5.21 Scrutinized Companies

5.22 Required Certifications/Attestations

5.23 Identical Tie Bids

5.24 Insurance

5.25 Inspector General

SECTION 6.0 SPECIAL CONDITIONS

6.1 State Initiatives

6.2 Copyrights, Right to Data, Patents and Royalties

6.3 Independent Contractor Status

6.4 Assignment

6.5 Severability

6.6 Use of Funds for Lobbying Prohibited

ATTACHMENT I – PRICE PAGE

ATTACHMENT II – BUSINESS REFERENCE FORM

ATTACHMENT III - CERTIFICATION/ATTESTATION FORM

ATTACHMENT IV - SECURITY REQUIREMENTS FOR CONTRACTORS

ATTACHMENT V - PURCHASE ORDER TERMS AND CONDITIONS

EXHIBIT A – CORRECTIONAL INSTITUTIONS/FACILITIES

EXHIBIT B – GREASE TRAP PUMPING REPORT

REMINDER OF PAGE INTENTIONALLY LEFT BLANK

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TIMELINE

FDC ITB-15-139

EVENT DATE LOCATION

ITB Released

February 29, 2016

Vendor Bid System:

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

Questions

Submitted in Writing

March 9, 2016 at 5:00 p.m., Eastern Time

Submit to: Florida Department of Corrections Bureau of Support Services, Allegra Small E-mail: purchasing@mail.dc.state.fl.us

Anticipated Posting of Answers to Questions

March 22, 2016

Sealed Bids Due and Opened April 1, 2016 at 2:00 p.m., Eastern Time

Florida Department of Corrections Bureau of Support Services, Allegra Small 501 South Calhoun Street, Suite 317 Tallahassee, Florida 32399-2500 E-mail: purchasing@mail.dc.state.fl.us

Anticipated Posting of Intent to Award

April 15, 2016

Any person requiring special accommodation in responding to this solicitation because of a disability should call the Bureau of Support Services at 850-717-3700 at least five (5) days prior to any pre-solicitation conference, solicitation opening or meeting. If you are hearing or speech impaired, please contact the Bureau of Support Services by using the Florida Relay Service, which can be reached at 1-

800-955-8771 (TDD).

mailto:purchasing@mail.dc.state.fl.us http://vbs.dms.state.fl.us/vbs/main_menu

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SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR1000)

The General Contract Conditions are outlined in form PUR 1000, which is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within form PUR 1000. There is no need to return this document with the response. To access the PUR 1000 visit: http://dms.myflorida.com/content/download/2933/11777.

SECTION 2.0 INSTRUCTIONS TO RESPONDENTS (PUR1001)

The General Instructions to Respondents are outlined in form PUR 1001, which is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this RFP document shall supersede any and all conflicting terms and conditions set forth within form PUR 1001. There is no need to return this document with the response. To access the PUR 1001 visit: http://dms.myflorida.com/content/download/2934/11780.

SECTION 3.0 INTRODUCTORY MATERIALS

3.1 Statement of Purpose

In accordance with Chapter 287, Florida Statutes (F.S.), this Invitation to Bid (ITB) is issued for the purpose of soliciting bids from qualified, responsive, and responsible Bidders for the provision and operation of Grease Trap Pumping Services at the Department’s institutions/facilities, in compliance with federal and state regulations, as specified in Section 3.6. Attachment I, Price Page, provides the number and size of grease traps at each location, and Exhibit A, Correctional Institutions/Facilities, provides a list of the institutions/facilities.

The Department is requesting Bidders responding to this ITB provide a price per gallon pumped, as indicated in Attachment I, Price Page. The Bidder shall provide the minimum required hours of service for each respective tank, in order to comply with the Florida Department of Environmental Protection (DEP) and the Florida Department of Health (DOH) permits.

3.2 Definitions

The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

Bid: A Bidder’s response to this ITB, which the Bidder shall submit on approved forms.

Bidder or successful Bidder: A legally qualified corporation, partnership or other entity submitting a bid to the Department, pursuant to this ITB. The organizational entity serving as the primary Bidder with whom a Contract will be executed. The term Bidder/successful Bidder shall include all employees, subcontractors, agents, volunteers, and anyone acting on behalf of, in the interest of, or for the primary Bidder.

Breach of Contract: A failure of the Bidder(s) to perform in accordance with the terms and conditions of the Contract which may result from this ITB.

Business Day: A business day is considered to be Monday through Friday from 8:00 a.m. to 5:00 p.m., Eastern Time (ET), excluding weekends and state holidays. For http://dms.myflorida.com/content/download/2933/11777 http://dms.myflorida.com/content/download/2934/11780

Page 6 of 55 FDC ITB-15-139 services provided at an institution in the Central Time Zone, a business day is considered to be Monday through Friday from 7:00 a.m. to 4:00 p.m., Central Time (CT).

Contract: The agreement (Contract or purchase order) which results from this ITB between the successful Bidder and the Department.

Corrective Action Plan (CAP): A Bidder’s comprehensive written response to any deficiencies discovered in the course of Contract Compliance Monitoring, and plan for remediation of those deficiencies.

Department: The Florida Department of Corrections (FDC).

Day: Calendar day, unless otherwise stated.

Grease Trap Pumping Services: Where used herein, refers to the pumping, removal and disposal of untreated septic and food establishment sludge from Department institutions/facilities.

Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Bidder to be considered responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be reviewed further.

Material Deviations: The Department has established certain requirements with respect to bids submitted. The use of shall, must, or will (except to indicate the future) in this ITB indicates a requirement, or condition, which may not be waived by the Department, except where the deviation is not material. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with the ITB’s requirements, provides an advantage to one Bidder over other Bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

Material deviations cannot be waived, and shall be the basis for determining a bid non-responsive.

Minor Irregularity: A variation from the ITB terms and conditions, not affecting the price, giving the Bidder an advantage or benefit not enjoyed by other Bidders; does not adversely impact the interests of the Department. A minor irregularity will not result in a rejection of a bid.

PCard: Refers to the State of Florida’s purchasing card program, using the Visa platform.

Responsive Bid: A bid, submitted by a responsible Bidder, which conforms to all material aspects of the solicitation.

Sludge: Organic material remaining after water has been removed from wastewater.

Subcontract: An agreement between the Bidder and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Bidder, specifically related to securing, or fulfilling, the Bidder’s obligations to the Department, under the terms of the Contract resulting from this ITB.

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3.3 Contract Term

The initial term of any Contract resulting from this ITB shall be for a three (3) year period.

By mutual agreement between the Department and the successful Bidder(s), the Contract may be renewed for up to three (3) renewal years, or any portion thereof. The renewal shall be contingent, at a minimum, on satisfactory performance of the Contract by the successful Bidder(s) as determined by the Department, and subject to the availability of funds. If the Department desires to renew the Contract resulting from this ITB, it will provide written notice to the successful Bidder(s) no later than thirty (30) days prior to the Contract expiration date.

3.4 General Statement

The Department is seeking Grease Trap Pumping Services for various locations, as indicated herein.

3.5 Conflicts and Order(s) of Precedence

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

a) Addenda, in reverse order of issuance

b) Invitation to Bid, including attachments

c) Contract Conditions (Form PUR 1000) (Section 1.0)

d) General Instructions to Respondents (Form PUR 1001) (Section 2.0)

3.6 Specifications

The Specifications to be followed in performing work under this Invitation to Bid (ITB) and resulting Contract are indicated below.

3.6.1 Bidder Responsibilities

The following general service requirements are applicable to grease trap pumping services.

3.6.1.1 The Bidder shall provide grease trap pumping services, in accordance with the information provided in Section 3.6, on an as needed basis, only when requested by the Maintenance Superintendent of the institution/facility.

3.6.1.2 The Bidder shall inform the Maintenance Superintendent of the institution/facility, in a timely manner, when maintenance is required on failed equipment, or when preventative maintenance (other than that specified in Section 3.6.3, Grease Trap Pumping Service Tasks), is required.

3.6.1.3 The Bidder shall maintain good housekeeping standards (free of debris, clutter, neat, clean, etc.) in all areas.

3.6.1.4 The Bidder shall immediately notify the Maintenance Superintendent of the institution/facility of any problems with equipment or operations. The

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Bidder shall notify the Department’s Business Manager in the absence of the Maintenance Superintendent. All problems shall be reported in writing to the Maintenance Superintendent and/or the managing Maintenance and Construction Officer, utilizing the Grease Trap Pumping Report, as described in Exhibit B of the ITB.

3.6.2 Department Responsibilities

3.6.2.1 The Department will provide the Bidder’s service staff access to the tank, when necessary (subject to security issues), for the purposes of pumping the tank, and preventive maintenance/inspection services.

3.6.2.2 The Department will provide the Bidder with access to all applicable Department rules and regulations. The Department will inform the Bidder of any regulatory or operational changes impacting the delivery of services to be provided, pursuant to this Contract.

3.6.3 Grease Trap Pumping Service Tasks

The Bidder’s Grease Trap Pumping Operator shall check-in with personnel in the Control Room upon arrival and departure. The Bidder shall perform all required operational tasks in accordance with DEP and DOH rules, at each respective institution/facility, which shall include, but not be limited to the following:

Pump the grease trap.

Remove all liquid and solid waste from tank during each pumping.

Record the gallons pumped.

Complete the Grease Trap Pumping Report each time the grease trap pumping services are rendered.

Perform routine preventative maintenance, if necessary, to keep grease traps operational, to include pressure washing the tank to remove all solids, verifying the outlet baffle is in place, and cleaning the inlet/outlet baffle, if necessary. Preventative maintenance services should be notated on the Grease Trap Pumping Report.

Other functions pertaining to grease trap pumping services as may be required by the Maintenance Superintendent at the respective institution/facility.

3.6.4 Tuberculosis (TB) Screening/Testing

The Bidder shall ensure, at no cost to the Department, that all Bidder’s staff performing services under this Contract at institutional sites or regularly accessing the Department’s Institutions are screened and/or tested for tuberculosis prior to the start of service delivery, as appropriate, and screened/tested annually thereafter, as required by Department Procedure 401.015, Employee Tuberculosis Screening And Control Program. The Bidder shall provide the institutional Senior Registered Nurse Supervisor with proof of testing prior to the start of service delivery by the staff member and annually thereafter. The Bidder shall be responsible for obtaining the TB screening/testing.

The Bidder shall bear all costs associated with the TB screening/testing for their staff or subcontractor staff.

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3.6.5 Staff Levels and Qualifications

3.6.5.1 The Bidder shall provide an adequate level of staffing for provision of the services outlined herein, and shall ensure that staff providing services is appropriately trained, qualified and licensed, as required in the ITB and any resulting Contract.

3.6.5.2 The Bidder shall NOT employ, subcontract, or otherwise utilize individuals possessing “temporary work visas” to fill positions under this scope of service.

3.6.5.3 All individuals providing services under the Contract shall have the ability to understand and speak English to allow for effective communication between Bidder staff, Department staff and inmates.

3.6.5.4 Additionally, the Bidder’s staff shall communicate with and maintain a good working relationship with Department staff, and other individuals working with the Department, as required to support the Contract.

3.6.6 Performance Measures

The Department desires to Contract with a Bidder who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under this Contract. Therefore, the Department has developed the following Performance Measure categories which shall be used to measure Bidder’s performance and delivery of services:

Performance Outcomes and Standards; and

Other Contract Requirements.

A description of each of the Performance Measure category is described below:

3.6.6.1 Performance Outcomes and Standards

Listed below are the key Performance Outcomes and Standards deemed most crucial to the success of the overall desired grease trap pumping services. The Bidder shall ensure that the stated performance outcomes and standards (level of achievement) are met. Performance shall be measured on, at minimum, an annual basis, beginning the first year after service has been implemented.

Performance Measure #1

Requirement: The Bidder shall respond timely to each request for pumping of the grease traps in accordance with Section 3.6.3.

Measure: Calls will be returned, services rendered within five (5) day of the first request. Calls requesting service will be logged and tracked at each institution.

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Standard: Ninety-eight percent (98%) of requests for service will be completed within five (5) days.

Financial Consequence:

The Bidder will be assessed the Financial Consequences on a monthly basis, as applicable.

A Financial Consequence of fifty dollars ($50.00) will be imposed on the sixth (6th) day after the request for service, and an additional five dollars ($5.00) imposed for each day after.

Performance Measure #2

Requirement: The Bidder shall perform regular pumping of grease traps in accordance with Section 3.6.3.

Measure: Services will be performed in a sufficient and accurate manner, in accordance with this ITB.

Standard: Ninety-eight percent (98%) of the Total Service for grease trap pumping will be performed each month, by the Bidder, in response to all requests for service. The Total Service represents the total amount of grease traps pumped from an institutions, at a given time, as requested.

Financial Consequence:

The Bidder will be assessed Financial Consequences, on a monthly basis, as applicable.

Consequences shall be imposed using the following formula:

(Size of Grease Trap, in gallons) x (Cost per Gallon) x 1.5%

Example: 2000 gallons x $0.1455 x 0.015 = $4.37

3.6.6.2 All Other Contract Requirements

Requirement: The Bidder shall comply with the Terms and Conditions of the Contract resulting from this ITB.

Measure: Compliance with all other Contract requirements, including, but not limited to the following:

Accuracy, thoroughness, and timely submission of invoicing, supporting documentation and reports;

All Corrective Action Plans shall be timely submitted (when applicable.

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Standard: Ninety-five percent (95%) compliance with all requirements.

Financial Consequence:

The Bidder shall be assessed Financial Consequences, on an annual basis, as applicable, in accordance with the following formula:

(Total annual value of Contract)(Number of unresolved deficiencies identified)(0.1%)

Example:

$18,187.50 x 12 months = $218,250.00 Total annual Contract Value

For two (2) unresolved deficiencies, $218,250.00 x 2 x 0.001 = $436.50

Performance shall be measured on an ongoing basis, and monitoring shall occur at least once every six (6) months.

Written notification will be used to outline any deficiencies for which Financial Consequences are being imposed. The Department’s Contract Manager will deduct the amount of any Financial Consequences from the Bidder’s next monthly invoice. If the Department’s Contract Manager is unable to deduct this amount from the Bidder’s next invoice, the Bidder shall provide payment via cashier’s check or money order to the Department.

By execution of any Contract resulting from this ITB, the Bidder hereby acknowledges and agrees that its performance under the resulting Contract shall meet the standards set forth above. Any failure to achieve Performance Measures identified above may result in the assessment of Financial Consequences. Any such assessment and/or subsequent payment thereof shall not affect the Bidder’s obligation to provide services as required by any Contract resulting from this ITB.

3.6.7 Monitoring Methodologies

The Department’s Contract Manager, designee, or the Local Contract Coordinator, will perform monitoring, during the term of the Contract, not less than twice a year to ensure Contract compliance. Monitoring shall include periodic review of compliance with Contract service delivery and review of all Contract requirements. The Department reserves the right for any of its staff to make scheduled, or unscheduled, announced, or unannounced, monitoring visits at any site where services are delivered.

When instances off non-compliance are identified in the monitoring report, the Bidder shall submit a written Plan to the Contract Manager, designee, or the Local Contract Coordinator within the timeframe specified by the Department. If necessary, a follow-up monitoring visit shall be scheduled by the Contract Manager, designee, or the Local Contract Coordinator to ensure compliance and performance improvement. Failure by the Bidder to correct the items identified

Page 12 of 55 FDC ITB-15-139 as being deficient, including staffing patterns, shall be considered a breach of the Contract.

The Department may utilize any or all of the following monitoring methodologies while monitoring the Bidder’s performance under the Contract, and in determining compliance with Contract terms and conditions:

a. Site Visits (announced and/or unannounced);

b. Desk review(s) of records related to service delivery (shall include any documents and databases pertaining to the Contract, and may be based on all documents and data, or a sampling of the same, whether random or statistical);

c. Interviews and/or surveys with the Bidder and/or Department staff and offenders;

d. Review of grievances filed by offender(s) regarding the Bidder’s service delivery; and

e. Review of monitoring, audits, investigations, reviews, evaluations, or other actions, by external agencies, as applicable.

SECTION 4.0 TECHNICAL SPECIFICATIONS

4.1 Scope Changes after Contract Execution

During the term of the Contract, the Department may unilaterally require changes altering, adding to, or deducting from the specifications, provided that such changes are within the general scope of this solicitation.

The Department may make an equitable adjustment in the prices, or delivery date if the change affects the cost or time of performance. Requests for equitable adjustments must be submitted in writing to the Department’s Contract Manager.

The Department shall provide written notice to the successful Bidder thirty (30) days in advance of any Department required changes to the technical specifications and/or scope of service that affect the successful Bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a written change order or formal addendum.

4.2 Price Adjustments

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated in this solicitation.

4.3 Addition/Deletion of Items/Facilities

The Department reserves the right to add or delete locations or items from this bid or resulting Contract when deemed to be in the State’s best interest.

4.4 Damage to Property

All Department property shall be protected against damage by the successful Bidder that might occur during, or as a result of performance of any Contract resulting from this ITB.

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The Bidder will remedy or reimburse the Department for any damages caused during its rendering of services under the Contract.

4.5 Completion

Upon completion of the work specified in this ITB, the successful Bidder shall reconnect any utilities, equipment or appliances removed in the course of work and replace any furniture, etc., moved during performance of the work. Any debris or rubbish resulting from work performed shall be removed and the premises left clean.

4.6 Scheduling

Scheduling of work must be coordinated with the Department and shall not disturb the normal operation of the location where services are performed.

Upon completion and acceptance, and before payment is rendered, the successful Bidder must furnish to the owner a Certificate of Warranty guaranteeing the work against any defect in materials or workmanship for the period specified in this ITB, the successful Bidder’s bid or the resultant Contract, whichever period is longest, from date of completion.

4.7 Staffing Requirements

The successful Bidder shall provide an acceptable level of staffing for provision of the services outlined herein and shall ensure that staff providing services are highly trained and qualified.

The successful Bidder shall comply with the Security Guidelines as set forth in Attachment IV, Security Guidelines. Violations of these rules could result in termination of the Contract. The successful Bidder shall contact, within ten (10) days of execution of any Contract which may result from this ITB, the institution(s) or facility, within each region for which the Contract was awarded, to obtain a copy of any specific institutional or facility rules.

The successful Bidder or designee shall provide each institution or facility with the following items before entering the facilities:

a. A list of tools that the successful Bidder and/or designee, will bring onto the institution or facility. These tools will be inventoried upon arrival and departure.

b. Current picture identification of the successful Bidder and/or designee, consisting of a Driver’s License or State of Florida ID card.

The successful Bidder shall ensure that staff wears attire suitable for the work conducted in the performance of the Contract(s) resulting from this ITB.

The successful Bidder’s staff shall be subject to searches of their person, their vehicle, equipment, and products at any time.

The successful Bidder’s staff shall be subject to the requirements of this ITB and may be denied access to the facility by the Warden, or designee.

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Security procedures at any Correctional Institution or facility are stringent and necessary.

This includes security screening when entering and exiting the institution or facility, and may include a thorough inventory of tools and materials. The Bidder is advised to carefully consider the impact of additional time when developing the bid. No additional compensation will be made for time involved in adhering to security requirements.

The successful Bidder’s staff on-site shall adhere to the standards of conduct prescribed in Rule 33-208, Florida Administrative Code (F.A.C.), and as prescribed in the Department’s personnel policy and procedure guidelines, particularly rules of conduct, employee uniform and clothing requirements (as applicable), security procedures, and any other applicable rules, regulations, policies and procedures of the Department. The successful Bidder will receive the standards of conduct and the Department’s personnel policy and procedure guidelines after award of this Contract.

In addition, the successful Bidder shall ensure that all staff adheres to the following requirements:

a. The successful Bidder’s staff shall not have any contact, with any inmate, except in a relationship that supports services under this Contract. Specifically, staff members must never accept for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an inmate or an inmate’s family or close associate, no matter how trivial the gift or service may seem. The successful Bidder shall report to the Department’s Contract Manager any violations or attempted violation of these restrictions. In addition, no staff member shall give any gifts, favors or services to inmates, their family or close associates.

b. The successful Bidder’s staff shall not enter into any business relationship with inmates or their families (example – performing grease trap services at a restaurant owned by an inmate’s family), or personally employ them in any capacity.

c. The successful Bidder’s staff shall not have outside contact (other than incidental contact) with an inmate being served or their family or close associates, except for those activities that are to be rendered under the Contract.

d. The successful Bidder’s staff shall not engage in any conduct which is criminal in nature or which would bring discredit upon the successful Bidder or the State. In providing services pursuant to this Contract, the successful Bidder shall ensure that its employees avoid both misconduct and the appearance of misconduct.

e. Any violation or attempted violation of the restrictions referred to in this section regarding employee conduct shall be reported by phone and in writing to the Department’s Contract Manager, or their designee, including proposed action to be taken by the successful Bidder. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the successful Bidder to appropriate action, up to and including termination of this Contract.

f. The successful Bidder shall report any incident described above, or requiring investigation by the successful Bidder, in writing, to the Department’s Contract

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Manager, or their designee, within twenty-four (24) hours, of the successful Bidder’s knowledge of the incident.

g. At no time shall any successful Bidder’s employee, while delivering services under this Contract, wear clothing that resembles or could reasonably be mistaken for an inmate’s uniform or any correctional officer’s uniform or that bears the logo or other identifying words or symbol of any law enforcement or correctional department or agency.

h. The successful Bidder shall provide their employees with a copy of these standards of employee conduct and document receipt of such notification in the employee’s personnel file.

4.7.1 Background Checks

The successful Bidder’s staff assigned to this Contract shall be subject, at the Department’s discretion and expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC), Level I, background/criminal records check.

This background check will be conducted by the Department and may occur or re-occur at any time during the Contract period. The Department has full discretion to require the successful Bidder to disqualify, prevent, or remove any staff from any work under the Contract. The use of criminal history records and information derived from such records checks are restricted pursuant to Section 943.054, F.S. The Department shall not disclose any information regarding the records check findings or criteria for disqualification or removal to the successful Bidder. The Department shall not confirm to the successful Bidder the existence or nonexistence of any criminal history record information. In order to carry out this records check, the successful Bidder shall provide, upon request, the following data for any individual or staff of the successful Bidder or subcontractor’s staff assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver’s License Number and State of Issue. If requested, the successful Bidder’s staff shall submit to fingerprinting by the Department of Corrections for submission to the Federal Bureau of Investigation (FBI). The successful Bidder shall not consider new employees to be on permanent status until a favorable report is received by the Department from the

FBI.

The successful Bidder shall ensure that the Department’s Contract Manager, or designee, is provided the information needed to have the FCIC/NCIC background check conducted prior to any new successful Bidder’s staff being hired or assigned to work under the Contract. The successful Bidder shall not offer employment to any individual or assign any individual to work under the Contract, who has not had an FCIC/NCIC background check conducted.

No person who has been barred from any Department facility shall provide services under the Contract resulting from this solicitation.

The successful Bidder shall not permit any individual to provide services under the Contract resulting from this solicitation that is under supervision or jurisdiction of any parole, probation or correctional authority. Persons under any such supervision may

Page 16 of 55 FDC ITB-15-139 work for other elements of the successful Bidder’s agency that are independent of the contracted services.

The successful Bidder shall immediately report any new arrest, criminal charges or convictions of a current employee under the Contract resulting from this solicitation to the respective Contract Manager. The successful Bidder shall also disclose any business or personal relationship a successful Bidder’s staff person, officer, agent or potential hire may have with anyone presently incarcerated or under the supervision of the Department.

4.8 Mandatory Documentation

All Bidders must submit the following mandatory documentation with their submittal:

Price Page - Attachment I Business Reference Form - Attachment II Certification/Attestation Form - Attachment III

4.9 Records and Documentation

Information associated with the Bidder’s provision of service under the resulting Contract, or generated as a result the Contract, meets the definition of “public record”, as defined in Section 119.011(1), F.S., and is recognized by the parties to be a public record. Absent a provision of law, administrative rule, or regulation requiring otherwise, this information shall be made available for inspection, and copying, by any person, upon request, as provided in Article I, Section 24, Fla. Constitution and Chapter 119, F.S. The Bidder agrees to: (a) keep and maintain public records that would ordinarily, and necessarily, be required by the Department when providing the contracted service;

(b) allow the Department, and public, access to records in accordance with the provisions of Chapter 119 and Section 945.10, F. S.; (c) ensure that public records which are exempt from public records disclosure requirements, or are confidential, are not disclosed, except as authorized by law; and (d) meet all requirements for retaining public records, and transferring them to the Department, at no cost. All records stored electronically must be provided to the Department in a format compatible with the Department’s information technology (IT) systems. Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB shall be retained by the successful Bidder for a period of five (5) years after the end of the resulting Contract, or any renewal or extension period of the Contract, if applicable. The Bidder’s failure to comply with these provisions shall constitute sufficient cause for Contract termination.

The Bidder further agrees to hold the Department harmless from any claim, or damage, including reasonable attorney’s fees and costs, or from any fine or penalty imposed as a result of failure to comply with the public records law, or improper disclosure of confidential information. The Bidder also promises to defend the Department against the same at its expense.

4.10 Price Page

The Bidder shall complete, sign, date, and return Attachment I, Price Page. By submitting a bid or bids under this ITB, each Bidder warrants its agreement to the prices submitted. Bids should be submitted with the most favorable pricing terms Bidder can

Page 17 of 55 FDC ITB-15-139 offer to the State. Any modifications, counter offers, deviations, or challenges may render the bid non-responsive. By submitting an offer or offers under this ITB, each Bidder warrants its agreement to the prices submitted.

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

4.11 References

The bid response shall include contact information for three (3) entities the Bidder has provided services similar to those requested in this solicitation. Bidders shall use Attachment II, Business Reference Form, to provide the required information. The Department reserves the right to contact any and all entities in the course of this solicitation evaluation in order to make a fitness determination. The Department’s determination is not subject to review or challenge.

4.12 Payments and Invoicing

The Contract(s) resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Bidder(s) for services as specified in Specifications, in Section 3.6. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Department requires a consolidated, single invoice, on a monthly billing cycle for services performed with supporting documentation as indicated under Invoice Submission.

The successful Bidder’s invoice shall include the Bidder’s name, mailing address, tax ID number/FEIN, Contract number, and dates of service.

The successful Bidder’s shall request such compensation, as well as final payment, by submitting a properly completed and notarized Application for Payment, in the form as directed.

4.13 Purchasing Card Program

The State of Florida has implemented a purchasing card program (PCard), using the Visa platform. Upon mutual agreement of both parties, successful Bidder(s) may receive payments via purchasing card in the same manner as other Visa purchases. To find out more about the State’s purchasing card program you may visit:

www.dms.myflorida.com.

4.14 Vendor Ombudsman

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Bidders who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the Department of Financial Services’ Toll Free Hotline, 800-342-2762.

http://www.dms.myflorida.com/

Page 18 of 55 FDC ITB-15-139

SECTIONS 5.0 PROCUREMENT RULES AND INFORMATION

5.1 Bidder Inquiries

Questions related to this ITB must be received, in writing via e-mail, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries or those submitted after the period specified in the Timeline will not be addressed.

Responses to questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline. The VBS is located at:

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

Procurement Officer Contact Information Allegra Small, Procurement Officer Florida Department of Corrections Bureau of Support Services Email: purchasing@mail.dc.state.fl.us

Between the release of the solicitation, and the end of the seventy-two (72) hour period following posting of notice of intention to award (the seventy-two (72) hour period excludes Saturdays, Sundays, and State holidays), Bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response, Section 287.057(23), F. S.

Any person requiring special accommodation in responding to this solicitation, because of a disability, should call the Bureau of Support Services, at 850-717-3700, at least five

(5) days prior to any pre-solicitation conference, solicitation opening or meeting. For the hearing or speech impaired, please contact the Bureau of Support Services by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD).

Interested parties are encouraged to carefully review all the materials contained herein and prepare bids accordingly.

5.2 Cost of Bid Preparation

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

5.3 Travel Expenses

The Department shall not be responsible for the payments of any travel expenses incurred by the Bidder resulting from this ITB.

5.4 Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are not desired. Emphasis in each bid must be on completeness and clarity of content.

Page 19 of 55 FDC ITB-15-139

In order to expedite the review of bids, it is essential that Bidders follow the format and instructions.

Bids may be sent by U.S. Mail, Courier, Overnight, or hand delivered to the location indicated in the Timeline. Electronic submission of bids will not be accepted for the ITB.

All bids must be submitted in a sealed envelope/package with the relevant ITB number and the date and time of the bid opening clearly marked on the outside of the envelope/package.

It is the Bidder’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline. The Department’s clocks will stamp bids received, and provide the official time for bid opening.

Late bids will not be accepted.

Bidders should complete, sign, and return the ITB Acknowledgement Form (Page

1) with the bid submittal.

Submit one (1) original bid, and one (1) electronic copy in PDF format on a CD.

The electronic copy must contain the entire bid, as submitted, including all supporting and signed documents. If the Bidder submits a redacted copy of the bid, as outlined in Section 5.19, the Bidder should submit one (1) redacted hard copy and one (1) redacted electronic copy, in PDF format (in addition to the non-redacted version), on CD. CDs submitted should not be password protected.

5.5 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the Bidder or its agents. All replies shall become the property of the Department and shall not be returned to the Bidder. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any reply. Selection or rejection of a bid shall not affect this right.

5.6 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Bid responses received late (after bid opening date and time) will not be accepted, nor considered, and modification by the Bidder of submitted bids will not be allowed, unless the Department has made a request for additional information.

Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed or identified. The name of all Bidders submitting bids will be made available to interested parties, upon written request to the Procurement Officer.

5.7 Bid Evaluation

Bids that do not meet the requirements specified in this ITB will be considered non-responsive. The Department reserves the right to accept or reject any and all responses, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interests.

The Department may reject any response not submitted in the manner specified by the solicitation documents. Bidders are cautioned to make no assumptions unless their bid has been deemed responsive.

Page 20 of 55 FDC ITB-15-139

5.8 Basis of Award

The Department intends to make multiple awards to the responsive, responsible Bidder(s) offering the lowest Grand Total Bid Price for each Region to provide services for the items/services indicated in this ITB (See Attachment I - Price Page).

Bidders may submit bid for one (1) or all Regions; however, all locations within each Region shall be bid on, or bid may be considered non-responsive and may be rejected.

5.9 Disposal of Bids

All bids become the property of the State of Florida and will be a matter of public record, subject to the provisions of Chapter 119, F.S.

5.10 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department, signed by an authorized representative of the Bidder, within seventy-two (72) hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain a valid bid one hundred and eighty (180) days after the bid submission date, unless a different amount of time is indicated on the ITB Acknowledgement Form

(Page 1).

5.11 Rejection of Bids

The Department reserves the right to reject any and all bids to this ITB.

5.12 Protest Procedures

Pursuant to Section 120.57(3), F.S., a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at 501 South Calhoun Street, Tallahassee, Florida 32399-2500, by email to: CO- GCAgencyClerk@mail.dc.state.fl.us, or by facsimile to: (850) 922-4355. Protests must be made in compliance with Florida Administrative Code Rules 28-110.003 and 28-

110.004. Filings received after regular business hours (8:00am to 5:00pm) will be filed the next business day. 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, F.S.

5.13 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, it will be posted on the Florida Vendor Bid System at http://vbs.dms.state.fl.us/vbs/main_menu.

Interested parties are responsible for monitoring this site for new or changing information or clarifications relative to this procurement.

5.14 Verbal Instruction Procedure/Discussions

The Bidder shall not initiate or execute any negotiation, decision, or action arising from any verbal discussion with any State employee. Only written communications from the mailto:CO-GCAgencyClerk@mail.dc.state.fl.us mailto:CO-GCAgencyClerk@mail.dc.state.fl.us

Page 21 of 55 FDC ITB-15-139

Department’s Procurement Officer may be considered a duly authorized expression on behalf of the State. Additionally, only written communications from Bidders are recognized as duly authorized expressions on behalf of the Bidder. Any discussion by a Bidder with any employee or representative of the Department involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said Bidder’s response.

5.15 No Prior Involvement and Conflict of Interest

Section 287.057(17)(c), F.S., provides, “A person who receives a contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest in not eligible to receive such contract. However, this prohibition does not prevent a Vendor who responds to a request for information from being eligible to contract with an agency.”

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

Acknowledge acceptance on Attachment III, Certification/Attestation Form.

The Bidder…