PC-700000-16018.pdf

Page 1 of 24 FDC-ITB-15-122

FLORIDA DEPARTMENT OF CORRECTIONS

INVITATION TO BID (ITB)

Acknowledgement Form

Page 1 of 24 pages Denise Roberts, Procurement Officer Department of Corrections Bureau of Support Services 501 South Calhoun Street Tallahassee, FL 32399-2500 Email: purchasing@mail.dc.state.fl.us

AGENCY RELEASE DATE:

February 29, 2016

SOLICITATION TITLE: SOLICITATION NO:

SLUDGE HAULING, TREATMENT & DISPOSAL

FDC-ITB-15-122

RESPONSES WILL BE OPENED: March 29, 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:

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 Vendor offers and agrees that if the Bid is accepted, the Vendor 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 email 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:

Dgenzxm Typewritten Text

EXHIBIT A

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TABLE OF CONTENTS

TIMELINE

SECTION 1.0 GENERAL CONTRACT CONDITIONS

SECTION 2.0 INSTRUCTIONS TO RESPONDENTS

SECTION 3.0 INTRODUCTORY MATERIALS

3.1 Statement of Purpose

3.2 Contract Term and Renewal

3.3 Conflicts and Order(s) of Precedence

3.4 Definitions

3.5 Estimated Quantities

3.6 Response Time

SECTION 4.0 TECHNICAL SPECIFICATIONS

4.1 Scope Changes after Contract Execution

4.2 Sludge Analyses

4.3 Sludge Treatment

4.4 Biosolids Site Permit

4.5 Bidder Disposal Record

4.6 Bidder Disposal Sites

4.7 Annual Application Site Residuals Summary

4.8 Fines and/or Penalties

4.9 Volume per Trip

4.10 Sludge Loading

4.11 Commencement of Services

4.12 Records and Documentation

4.13 Price Page

4.14 Payment and Invoicing

4.15 Security Guidelines

4.16 Performance Outcomes and Standards

4.17 Monitoring Methodologies

SECTION 5.0 PROCUREMENT RULES AND INFORMATION

5.1 Bidder Inquiries

5.2 Cost of Bid Preparation

5.3 Instructions for Bid Submittal

5.4 Mandatory Documentation

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 Rejection of Bids

5.11 Bid Rules for Withdrawal

5.12 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 Confidential, Proprietary, or Trade Secret Material

5.18 E-Verify

5.19 Vendor Substitute W-9

5.20 Scrutinized Companies

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5.21 Identical Tie Bids

5.22 Inspector General

5.24 Certificate of Authority

SECTION 6.0 SPECIAL CONDITIONS

6.1 State Initiatives

6.2 Vendor Ombudsman

6.3 Copyrights, Right to Data, Patents and Royalties

6.4 Independent Contractor Status

6.5 Assignment

6.6 Severability

6.7 Use of Funds for Lobbying Prohibited

6.8 Employment of Department Personnel

6.9 Insurance

6.10 Legal Requirements

6.11 Subcontracts

ATTACHMENT I – PRICE PAGE

ATTACHMENT II - CERTIFICATION/ATTESTATION FORM

ATTACHMENT III - SECURITY REQUIREMENTS FOR CONTRACTORS

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TIMELINE

EVENT DATE/TIME LOCATION

Release of ITB February 29, Vendor Bid System:

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

Last day for written inquires to be received by the Department

March 8, 2016 at 5:00P.M. Eastern

Time

Submit to:

Florida Department of Corrections Denise Roberts, Procurement Officer

Anticipated Posting of written responses to written inquires

March 22, 2016 at 5:00 P.M. Eastern

Time

Vendor Bid System:

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

Sealed Bids Due and Opened

March 29, 2016 Must be received PRIOR to: 2:00

P.M. Eastern

Denise Roberts, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399-2500

Anticipated Posting of Recommended

Award

April 12, 2016

Vendor Bid System:

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

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SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR1000)

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

SECTION 2.0 INSTRUCTIONS TO RESPONDENTS (PUR1001)

2.1 The General Instructions to Respondents are outlined in form PUR 1001 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 1001. There is no need to return this document with the response. http://dms.myflorida.com/content/download/2934/11780.

SECTION 3.0 INTRODUCTORY MATERIALS

3.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure competitive bids, from qualified Bidders, to provide sludge hauling, treatment, and disposal for twenty seven (27) Department facilities within the State of Florida. The facilities with addresses requiring services are listed on Attachment I, Price Page. The Bidder shall furnish the services in accordance with Section 4, Scope of Services.

3.2 Contract Term and Renewal

As a result of this ITB, the lowest responsive, and responsible Bidder will be awarded a three (3) year term Contract, which may be renewed, for up to three (3) renewal years, or portions thereof, in accordance with Section 287.057(13), Florida Statutes (F.S.), at the same prices, terms, and conditions.

3.3 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) General Contract Conditions (Form PUR 1000) (Section 1.1)

d) General Instructions to Respondents (Form PUR 1001) (Section 2.1)

3.4 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.

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.

Contract: The agreement which results from this ITB, between the awarded Bidder and the Department.

Deliverables: Those services, items, and/or materials provided, prepared and delivered to the Department, in the course of the Contract performance. Deliverables shall be more specifically described in definable verifiable detail in the Specifications.

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Department: The Florida Department of Corrections (FDC).

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 Deviation(s): 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.

Responsible Bidder: A Bidder who has the capability to fully perform all aspects of the resultant Contract requirements, and the integrity and reliability that will assure good faith performance.

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

Sludge/Biosolids/Residuals: a semi-solid slurry, produced as sewage waste from wastewater treatment processes, or as a settled suspension obtained from conventional drinking water treatment and numerous other industrial processes.

Specifications: The detailed conditions of the Contract, detailed technical specifications, and other descriptions of the work, as are set forth in the Contract documents.

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.

Vendor or Bidder: A legally qualified corporation, partnership, person, or other entity submitting a bid to the Department, pursuant to this ITB.

3.5 Estimated Quantities

Any quantities listed are given only as a guideline for preparing a bid, and should not be construed as representing actual quantities to be purchased.

3.6 Response Time

The successful Bidder shall be able to begin providing services within ten (10) days after receipt of a resulting Contract.

SECTION 4.0 TECHNICAL SPECIFICATIONS

4.1 Scope Changes after Contract Execution

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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 Bidder may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department.

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

4.2 Sludge Analyses

The Department will perform all required sludge analyses for each facility in accordance with the respective operating permit for each Waste Water Treatment Plants (WWTP), and also in accordance with Rule 62-640, Florida Administrative Code (F.A.C). Copies of the sludge analyses will be made available to the Bidder, to ensure the proper hauling, and disposing of the sludge at each facility.

4.3 Sludge Treatment

The Bidder will pick up untreated biosolids from the WWTP, haul those biosolids to its permitted Biosolids Management Facility, and treat the sludge to a level meeting Class B standards, as defined in Rule 62-640, F.A.C.

4.4 Biosolids Site Permit

The Bidder, for each facility, shall be required to submit a request for permitting, to treat sludge, to the Florida Department of Environmental Protection (DEP) and also any Minor Permit Revision(s), if necessary. The Bidder shall provide the Department a copy of the completed submittal. The Bidder shall pay all costs associated with compiling, and submitting a biosolids permit, and the Minor Permit Revision(s) including the permit fee to process any permit revision(s).

4.5 Bidder Disposal Record

The Bidder shall provide a sludge hauling record, to the Department, within 14 days after the sludge has been removed, from the WWTP. The hauling record shall indicate the quantity of sludge removed and the name of treatment facility receiving the sludge.

4.6 Bidder Disposal Sites

During periods of heavy or prolonged rainfall events, the groundwater table may rise to within two (2) feet of the ground surface and render a disposal site unusable. In those instances, the Bidder shall haul the sludge to an alternate site at the request of the WWTP operator. The Bidder shall provide the Department with a list of alternate DEP-approved, and permitted sites that may be used for disposal, listed by each facility.

4.7 Annual Application Site Residuals Summary

The operating permit for each WWTP requires that an annual application site residuals summary be submitted to DEP. It shall be the Bidder’s responsibility to maintain the required disposal records, including the loading rates for nitrogen and metals, compile the annual residuals summary, and submit it to

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DEP in accordance with the schedule indicated in the operating permit for each WWTP. The Bidder shall provide the Department with a copy of the annual residuals summary.

4.8 Fines and/or Penalties

The Bidder shall be completely responsible for the sludge once it is loaded onto the Bidder’s truck. The Bidder shall maintain all records, properly haul, and dispose of the sludge in strict accordance with Rule 62-640, F.A.C. The Bidder’s responsibility shall include compiling and submitting the annual residuals summary to DEP. If any fines and/or penalties are assessed by DEP, for not properly performing any aspect of the record keeping, hauling or disposal of the sludge, the Bidder shall be solely responsible for payment.

4.9 Volume per Trip

For WWTPs larger than 0.100 Million Gallons Per Day (MGD), the Bidder can expect a load of 5,000 to 6,000 gallons per trip. On WWTPs between 0.025 and 0.100 MGD, the Bidder can expect a load of 1,000 gallons per trip. On WWTPs less than 0.025 MGD, the volume per trip may be as little as 500 gallons.

4.10 Sludge Loading

Generally, each WWTP is equipped with a sludge digester tank. The sludge will be hauled in liquid form.

It shall be the Bidder’s responsibility to provide the labor, truck, and necessary pumping equipment to load the sludge. At the facilities where the sludge is dried before disposal, the Department will provide labor, and equipment to load the dried sludge to the Bidders truck.

4.11 Commencement of Services

After a Contract has been awarded for each facility, the successful Bidder shall, at their expense, compile and submit to DEP an updated Biosolids Application Site Permit, and a Minor Revision to add the facility.

Once DEP has approved the permit revision, the Bidder will be notified to commence services. The Department cannot predict how long it will take DEP to process the permit revision. If the Bidder is already listed at the WWTP as the approved firm to haul and dispose of the sludge, it will not be necessary to modify the permit.

4.12 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.

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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.

4.13 Price Page

The Bidder shall complete, sign, date, and return Attachment I, entitled Price Page. By submitting a bid under this ITB, each Bidder warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Bidder can offer the State. Any modifications, counter offers, deviations, or challenges will not be accepted, and may render a bid non-responsive.

If a submitted Price Page includes inconsistencies, 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.

4.14 Payment and Invoicing

The Contract resulting from this ITB will be at a fixed-rate. The Department will compensate the Bidder for the services as specified on Attachment I, Price Page. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Bidder’s invoices must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/FEIN, Contract number, and dates of service.

4.15 Security Guidelines

For services performed under the resultant Contract, the successful Bidder, and its employees and agents, shall adhere to Attachment III, Security Requirements for Contractors.

4.16 Performance Outcomes and Standards

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 any Contract resulting from this ITB. Therefore, the Department has developed the following Performance Measures, which shall be used to measure performance and delivery of services. The Bidder shall ensure that the stated Performance Standards (level of achievement) are met.

A description of each Performance Measure is provided below:

Performance Measure #1

Requirement: The Bidder shall respond timely to each request for sludge removal.

Measure: Calls will be returned, and services rendered within five (5) days of the first request. Calls requesting service will be logged and tracked at each Waste Water Treatment Plant (WWTP).

Standard: 98 % of all requests for service will be completed within five (5) days.

Financial Consequence: The Bidder shall be assessed Financial Consequences on a monthly basis, as applicable. A Financial Consequence of $50.00 will be imposed on the 6th day after the request for service, and an additional $5.00 will be imposed for each day thereafter.

Performance Measure #2

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Requirement: The Bidder shall remove and transport liquid and/or dry sludge, in accordance with Section 4 of this ITB.

Measure: Sludge removal and waste hauling shall be completed in a sufficient and accurate manner, in accordance with this ITB.

Standard: 98% of the Total Haul will be removed each month, by the Bidder, in response to all requests for service. The Total Haul represents the total amount of sludge to be removed from a WWTP, at a given time, as requested.

Financial Consequence: The Bidder shall be assessed Financial Consequences, on a monthly basis, as applicable. Consequences shall be imposed using the following formula:

(Total Haul, in gallons, for the month) x (Cost per Gallon) x 1.5%

Example: 25,000 gallons x $0.1455 x 0.015 = $54.56

Other Contract Requirements

Requirement: The Bidder shall comply with the Terms and Conditions of the resultant Contract.

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);

Standard: 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 the Contract)(Number of unresolved deficiencies identified)(0.1%)

Example: $18,187.50 x 12 months = $218,250 Total annual Contract value For two (2) unresolved deficiencies, $218,250 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 Contract Manager will deduct the amount of any Financial Consequences from the Bidder’s next monthly invoice. If the 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.

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4.17 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 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 5.0 PROCUREMENT RULES AND INFORMATION

5.1 Bidder Inquiries

Questions related to this ITB must be received in writing, via email, 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 acknowledged.

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 Denise Roberts, CPPB, 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, Page 12 of 22 FDC-ITB-15-124 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).

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 response to this ITB.

5.3 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 discouraged. Emphasis in each bid must be on completeness and clarity of content. 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 this 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 5.17, 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.

5.4 Mandatory Documentation

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

Price Page – Attachment I Certification/Attestation - Attachment II

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 bids 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 bid response. Selection or rejection of a bid shall not affect this right.

5.6 Bid Opening

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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 may 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(s), if the Department determines that doing so will serve its best interest(s). The Department may reject any response not submitted in the manner specified by the solicitation documents.

5.8 Basis of Award

Multiple Contract awards shall be made to the responsive, responsible Bidder(s) offering the lowest Total Cost, per site, for the services indicated in this ITB.

In the event the Bidder(s) with the lowest Total Cost, for each site, is found non-responsive, the Department may proceed to the next lowest responsive Bidder, and continue the award process.

Prices must be firm, and where products are included, shall include all packaging, handling, shipping and delivery charges, including environmental, and fuel service fees.

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 Rejection of Bids

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

5.11 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department.

The withdrawal request must be signed by an authorized representative of the Bidder, and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 180 days from the bid submission date, unless a different amount of time is indicated on the ITB Acknowledgement Form (Page 1).

5.12 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, information will be posted on the Florida Vendor Bid System (http://vbs.dms.state.fl.us/vbs/main_menu). Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

5.13 Verbal Instruction Procedure/Discussions

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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 Department’s Procurement Officer are considered duly authorized expressions on behalf of the State. Additionally, only written communications from a Bidder 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.

5.14 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 in a solicitation to be any actions related to the 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, auditing, or functioning in any other advisory capacity.

The Bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service which he/she may do, or perform, for, or on behalf of, any officer, agent, or employee of the Bidder. Officers, agents, or employees of the Department shall not have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The Bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

5.15 State Licensing Requirements

All entities defined under Chapters 607, 617 or 620, F.S., seeking to do business with the Department shall be on file and in good standing with the State of Florida, Department of State.

5.16 MyFloridaMarketPlace (MFMP) Registration

Each Bidder doing business with the State of Florida as defined in Section 287.012. F.S., must register in the MFMP Vendor Information Portal (VIP) system, unless exempted under Rule 60A-1.030, Florida Administrative Code (F.A.C.). State agencies shall not enter into an agreement for the sale of commodities or contractual services, as defined in Section 287.012, F.S., with any Bidder not registered in the MFMP VIP system, unless exempted by Rule. A Bidder not currently registered in the MFMP VIP system shall do so within 5 days of award.

Registration may be completed at: http://vendor.myfloridamarketplace.com. Those needing assistance may contact the MFMP Customer Service Desk at 866-352-3776 or vendorhelp@myfloridamarketplace.com.

5.17 Confidential, Proprietary, or Trade Secret Material

The Department takes its public records responsibilities as provided under Chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously. If the Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Bidder

Page 15 of 22 FDC-ITB-15-124 must also simultaneously provide the Department with a separate redacted copy of its response and briefly describe, in writing, the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the Bidder on the cover, and shall be clearly titled “Redacted Copy.” The redacted copy shall be provided to the Department at the same time the Bidder submits its response to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. The Bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure.

Further, the Bidder shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Bidder’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the Bidder fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data, or records submitted by the Bidder in answer to a public records request for these records. In no event shall the Department, or any of its employees, or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this solicitation.

5.18 E-Verify

In accordance with Executive Order 11-116, “The provider agrees to utilize the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all new employees hired during the contract term by the Provider. The Provider shall also include a requirement in subcontracts that the subcontractor shall utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Bidders meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision.

5.19 Vendor Substitute W-9

The State of Florida Department of Financial Services (DFS) requires all Vendors that do business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms can be located at the same website once a registration has been completed. Answers to frequently asked questions related to this requirement are found at: https://flvendor.myfloridacfo.com. DFS can assist Bidders with additional question, and can be reached at 850-413-5519 or FLW9@myfloridaacfo.com.

5.20 Scrutinized Companies

In accordance with Section 287.135, F.S., agencies are prohibited from contracting with companies, for goods or services over $1,000,000, which are on either the “Scrutinized Companies with Activities in Sudan List”, or the “Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List”, which have been combined to one PFIA List of Prohibited Companies which is updated quarterly. This list is created pursuant to Section 215.473, F.S. which states that false certification may subject company to civil penalties, attorney’s fees, and/or costs.

5.21 Identical Tie Bids

During the solicitation evaluation process, if the Department receives identical pricing or scoring from multiple Bidders, the Department shall determine the order of award using the criteria set forth in Rule 60A-1.011, F.A.C. and Section 295.187, F.S. “Certified Veteran Business Enterprises.”

5.22 Inspector General

The Bidder shall comply with Section 20.055(5), F.S., which states; it is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review or hearing.

Page 16 of 22 FDC-ITB-15-124

5.23 Protest Procedures

Pursuant to Section 120.57(3), Florida Statutes, 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, Florida Statutes.”

5.24 Certificate of Authority

All corporations, limited liability companies, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State, in accordance with the provisions of Chapters 607, 608, 617, and 620, F.S., respectively.

SECTION 6.0 SPECIAL CONDITIONS

6.1 State Initiatives

6.1.1 Diversity in Contracting

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-owned, women-owned, and service-disabled veteran-owned business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects these 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.

To this end, the Department considers it vital that minority-owned, women-owned, and service-disabled veteran-owned business enterprises participate in the State’s procurement process as both Bidders, and subcontractors, of this solicitation.

Information on Certified Minority Business Enterprises (CMBE), and Certified Service-Disabled Veteran Business Enterprises (CSDVBE), is available from the Office of Supplier Diversity at:

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.

Documentation regarding Diversity in Contracting must be submitted to the Contract Administrator, and should identify participation by diverse Bidders and suppliers as prime Bidders, subcontractors, Bidders, resellers, distributors, or such other participation as the parties may agree.

This documentation shall include the timely reporting of funds expended to certified, and other, minority-owned/service-disabled veteran-owned business enterprises. Such reports must be submitted at least monthly, and must include the period covered, the name, minority code and Federal Employer Identification Number of each minority-owned/service-disabled veteran-owned Bidder utilized during the period, the commodities and services provided by the each, and the amount paid to each under the terms of any Contract resulting from this solicitation.

6.1.2 Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. If applicable, the Bidder shall submit a plan to support the procurement of products and materials with recycled content, referencing the intent of Section 403.7065, F.S. The Bidder shall also

Page 17 of 22 FDC-ITB-15-124 provide a plan, if applicable, for reducing and/or handling of any hazardous waste generated by the Bidder’s company, referencing Rule 62-730.160, F.A.C. It is a requirement of the Florida Department of Environmental Protection (DEP) that a generator of hazardous waste materials exceeding certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Bidder‘s hazardous waste plan and shall explain, in detail, its handling and disposal of this waste.

6.2 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, 1-800-342-2762.

6.3 Copyrights, Right to Data, Patents and Royalties

Where Contract activities produce original writing, sound recordings, pictorial reproductions, drawings, other graphic representation, and/or works of any similar nature, the Department has the right to use, duplicate and disclose such materials, in whole or in part, in any manner, for any purpose whatsoever, and to have others acting on behalf of the Department to do so also. If the materials so developed are subject to copyright, trademark, patent, legal title, then every right, interest, claim or demand of any kind, in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State for the exclusive use and benefit of the State. Pursuant to Section 286.021, F.S., no person, firm or corporation, including parties to the Contract resulting from this solicitation, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Department of State.

The Department shall have unlimited rights to use, disclose or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Bidder. All computer programs and other documentation produced as part of the Contract shall become the exclusive property of the State of Florida, Department of State, with the exception of data processing software developed by the Department pursuant to Section 119.084, F.S., and may not be copied or removed by any employee of the Bidder without express written permission of the Department.

The Bidder, without exception, shall indemnify and save harmless the Department, and its employees, from liability of any nature or kind, including costs and expenses, for, or on account of, any copyrighted, patented, or unpatented invention, process, or article, manufactured, or supplied, by the Bidder. The Bidder has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article equipment or data not supplied by the Bidder, or is based solely and exclusively upon the Department’s alteration of the article. The Department will provide prompt written notification of a claim regarding copyright or patent infringement, and will afford the Bidder full opportunity to defend the action and control the defense of such claim.

Further, if such a claim is made, or is pending, the Bidder may, at its option and expense, procure for the Department the right to continue use of, replace, or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the Department agrees to return the article to the Bidder upon its request and receive reimbursement, fees and costs, if any, as may be determined by a court of competent jurisdiction.) If the Bidder uses any design, device, or material(s) covered by letter, patent or copyright, it is mutually agreed and understood, without exception, that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials.

6.4 Independent Contractor Status

The Bidder shall be considered an independent contractor in the performance of its duties and responsibilities. The Department shall neither have nor exercise, any control or direction over the methods

Page 18 of 22 FDC-ITB-15-124 by which the Bidder shall perform its work and functions, other than as provided herein. Nothing is intended to, nor shall be deemed to constitute, a partnership, or a joint venture between the parties.

6.5 Assignment

The Bidder shall not assign its responsibilities or interests to another party, without prior written approval of the Department. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations to another governmental agency of the State of Florida upon giving written notice to the Bidder.

6.6 Severability

The invalidity or unenforceability of any particular provision shall not affect the other provisions hereof and shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purposes can still be determined and effectuated.

6.7 Use of Funds for Lobbying Prohibited

The Bidder agrees to comply with the provisions of Section 216.347, F.S., which prohibits the expenditure of State funds for the purposes of lobbying the Legislature, the Judicial branch, or a State agency.

6.8 Employment of Department Personnel

The Bidder shall not knowingly engage, employ, or utilize, on a full-time, part-time, or other basis, any current or former employee of the Department, during the period of the Contract resulting from this solicitation, where such employment conflicts with Section 112.3185, F.S.

6.9 Insurance

The Bidder agrees to provide adequate, insurance coverage, and to hold such insurance at all times during the existence of the Contract resulting from this solicitation. The Bidder accepts full responsibility for identifying, and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Bidder, and the Department, under the Contract…