PC-700000-17005.pdf

INVITATION TO BID (ITB)

FOR

BADGES, BADGE CASES, BADGE HOLDERS, AND LAPEL PINS

FDC ITB-15-146

RELEASED ON

May 31, 2016

By the:

Florida Department of Corrections

Office of Administration

Bureau of Support Services

501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to

Procurement Officer:

Marianne Yancey purchasing@mail.dc.state.fl.us

Exhibit A mailto:purchasing@mail.dc.state.fl.us

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TABLE OF CONTENTS

TIMELINE

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

1.2 Contract Term and Renewal

1.3 Conflicts and Order(s) of Precedence

1.4 Definitions

1.5 Specifications

1.6 Samples

1.7 Estimated Quantities

1.8 Substitutions

1.9 Minimum Order

1.10 Delivery

SECTION 2.0 NON-TECHNICAL SPECIFICATIONS

2.1 Modification after Contract Execution

2.2 Addition/Deletion of Items

2.3 Summary Reports

2.4 Mandatory Documentation

2.5 Records and Documentation

2.6 Price Page

2.7 Purchasing Card Program (PCard)

2.8 Vendor Ombudsman

2.9 Payment and Invoicing

2.10 Contract Management

SECTION 3.0 PROCUREMENT RULES AND INFORMATION

3.1 Instructions to Respondents (PUR1001)

3.2 Vendor Inquiries

3.3 Cost of Bid Preparation

3.4 Instructions for Bid Submittal

3.5 Disclosure of Bid Submittal Contents

3.6 Bid Opening

3.7 Bid Evaluation

3.8 Florida Preference

3.9 Basis of Award

3.10 Disposal of Bids

3.11 Bid Rules for Withdrawal

3.12 Addenda

3.13 Verbal Instruction Procedure/Discussions

3.14 No Prior Involvement and Conflict of Interest

3.15 State Licensing Requirements

3.16 MyFloridaMarketPlace (MFMP) Registration

3.17 Certificate of Authority

3.18 Confidential, Proprietary, or Trade Secret Material

3.19 E-Verify

3.20 Vendor Substitute W-9

3.21 Scrutinized Companies

3.22 Identical Tie Bids

3.23 Rejection of Bids

3.24 Inspector General

3.25 Protest Procedures

SECTION 4.0 SPECIAL CONDITIONS

4.1 GENERAL CONTRACT CONDITIONS (PUR1000)

4.2 State Initiatives

4.3 Subcontracts

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4.4 Copyrights, Right to Data, Patents and Royalties

4.5 Independent Contractor Status

4.6 Assignment

4.7 Severability

4.8 Use of Funds for Lobbying Prohibited

4.9 Employment of Department Personnel

4.10 Legal Requirements

4.11 Insurance

ATTACHMENT I – NONDISCLOSURE AGREEMENT FOR RESTRICTED INFORMATION

ATTACHMENT II – PRICE PAGE

ATTACHMENT III – RESPONDENT’S CONTACT INFORMATION

ATTACHMENT IV – PURCHASE ORDER TERMS AND CONDITIONS

ATTACHMENT V – CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM

ATTACHMENT VI – BADGE EXAMPLE NO. 1

ATTACHMENT VII – BADGE EXAMPLE NO. 2

ATTACHMENT VIII – BADGE EXAMPLE NO. 3

ATTACHMENT IX – BADGE EXAMPLE NO. 4

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TIMELINE

FDC ITB-15-146

EVENT DATE/TIME LOCATION

Release of ITB

May 31, 2016

Vendor Bid System:

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

Last day for written inquires to be received by the

Department

June 14, 2016 by 5:00 p.m.

Eastern Time

Submit to:

Florida Department of Corrections Marianne Yancey, Procurement Officer Email: purchasing@mail.dc.state.fl.us

Anticipated Posting of written responses to written inquires

June 28, 2016 Vendor Bid System:

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

Sealed Bids Due and Opened

July 7, 2016 at 2:00 p.m., Eastern Time

Submit to:

Marianne Yancey, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399-2500

Anticipated Posting of

Recommended Award

July 21, 2016 Vendor Bid System:

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

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SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure competitive bids from qualified vendors to furnish badges, badge cases, badge holders, and lapel pins for various functions at the Department of Corrections (Department).

1.2 Contract Term and Renewal

As a result of this ITB, the lowest responsive and responsible Vendor will be awarded a three (3) year Agency 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. Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP) purchase orders or by utilization of the Department’s Purchasing Card (P-Card) by authorized Department employees. By submitting a bid hereunder, the Vendor agrees to accept payment by either method.

Based on the unique operational needs of the correctional system, and on available funding for any Contract resulting from this ITB, the Department reserves the right to require the Vendor to add or delete badge titles, in addition to those originally contemplated by this ITB.

Therefore, the Contractor should be prepared in advance to make any changes, required by the Department to the badges and other products provided under the Contract.

1.3 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 4.1)

d) General Instructions to Respondents (Form PUR 1001) (Section 3.1)

1.4 Definitions

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

Agency Term Contract: A written master agreement between the Department and awarded Bidder that is mandatory for use by the entire Department and will be used to issue purchase orders from, when the need for good or services as stated herein, are required by the Department.

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

Breach of Contract: A failure of the Vendor(s) to perform services, or provide commodities, in accordance with the terms and conditions of the Contract that may result from this ITB.

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Contract: The agreement that results from this ITB, between the awarded Vendor and the Department.

Department: The Florida Department of Corrections (FDC).

Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Vendor 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 Vendor over other Vendors, 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 that does not affect the price; does not give the Vendor a competitive advantage or benefit not enjoyed by other Vendors; and 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.

Responsible Vendor: A Vendor 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 that conforms to all material aspects of the solicitation.

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

Subcontract: An agreement between the Vendor and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Vendor, specifically related to securing, or fulfilling, the Vendor’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 in response to this ITB.

1.5 Specifications

The technical specifications, to be utilized and followed when performing work under this ITB and resulting Contract, are identified as “restricted” and are not available for public viewing. The restricted specifications will be made available to interested Vendors for the development of bids. To obtain a copy of the restricted specifications, Vendors must email a signed copy of Attachment I, Nondisclosure Agreement for Restricted Information, to the

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Procurement Officer, along with their Express Mail (i.e., FedEx, UPS) account number to cover the cost of shipping. Once the signed agreement is received by the Procurement Officer, the Department will provide the restricted specifications on a CD to the Vendor, via overnight mail.

If you have trouble accessing any of the documents, please contact the Procurement Officer.

1.6 Samples

The Department may request sample(s) to be submitted for review. If sample(s) are requested, they shall be an exact version of the badges, badge cases, badge holders and lapel pins to be provided under any Contract resulting from this ITB. The sample(s) of badges shall be numbered “00000”. The sample(s) shall be furnished at no expense to the Department of Corrections. Failure to deliver requested sample(s) after notification will result in rejection of a Vendor’s bid.

1.7 Estimated Quantities

The quantities listed on Attachment II, Price Page are estimates, given only as a guideline for bid preparation, and should not be construed as representing actual quantities to be purchased under any Contract resulting from this ITB.

1.8 Substitutions

The Vendor will be required to provide only the product(s) awarded. Substituted products delivered, or provided to the Department without prior approval by the Department, are prohibited, may be returned at the Vendor’s expense, and may lead to termination of the Contract.

In the event the product specified can no longer be provided for reasons beyond the Vendor’s control (i.e. product discontinuance), the Vendor shall provide an alternate product request to the Department’s Contract Administrator. The substituted product must meet (or exceed) all terms, conditions, and specifications applicable to the originally specified product. A product sample for review may be required by the Department prior to acceptance.

1.9 Minimum Order

There is no minimum order under any Contract resulting from this ITB.

1.10 Delivery

The Vendor shall deliver the items specified on a purchase order, within sixty (60) days (or the number of days proposed on Attachment II, Price Page, whichever is less) after receipt of an order. Orders shall be delivered to the location listed on the purchase order.

If any products delivered, pursuant to any Contract resulting from this ITB, fail to meet the specifications, or are found to be poorly manufactured, the product(s) will not be accepted.

The product(s) shall be returned to the Vendor at the Vendor’s expense for replacement within two (2) weeks of delivery.

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SECTION 2.0 NON-TECHNICAL SPECIFICATIONS

2.1 Modifications after Contract Execution

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

The Vendor 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 Vendor thirty (30) days in advance of any Department-required changes to the technical specifications, and/or scope of service, which affect the Vendor’s ability to provide the service as specified herein. Any changes to the specifications and terms of the Contract, other than purely administrative changes, will require a change order and a formal Contract amendment that clearly identifies, in writing, the Contract changes being made, and must be signed by the Contract and the Department.

2.2 Addition/Deletion of Items

The Department reserves the right to add or delete the number of commodities in the resulting Contract, when considered to be in its best interest.

2.3 Summary Reports

The Vendor shall provide the Department a report of resultant Contract sales at the end of each quarter (September, December, March and June). The report shall summarize, at a minimum: total number of units sold during the quarter, total dollar value of units sold during the quarter, total number of units sold by delivery location, total number of units sold and total dollar value sold for the entire Contract term to date. The Department may, at its discretion, develop the format the Vendor must use for reporting, and make revisions to the report format as deemed necessary by the Department. Any report format developed by the Department shall be incorporated into, and shall become a part of, the original resultant Contract. A summary report shall also be required for time periods that include less than three full months of business (such as, the beginning, or end of the Contract term). Failure to provide this information within thirty (30) calendar days following the end of each quarter may result in imposition of a financial consequence of $50.00 per day for each day beyond thirty (30) calendar days. Consistently late reporting may result in termination of the Contract.

2.4 Mandatory Documentation

All Vendors must submit the following mandatory documentation with their bid:

1) Price Page – Attachment II

2) Florida Preference Letter, as outlined in Section 3.8

3) Respondent’s Contact Information, Attachment III

4) Certification of Drug Free Workplace Program Form, Attachment V

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2.5 Records and Documentation

Information associated with the Vendor’s provision of service under the resulting Contract, or generated as a result of 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 Vendor 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 Vendor 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 Vendor’s failure to comply with these provisions shall constitute sufficient cause for Contract termination.

The Vendor 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 Vendor also promises to defend the Department against the same at its expense.

2.6 Price Page

The Vendor shall complete, sign, date, and return Attachment II, Price Page. By submitting a bid(s) under this ITB, each Vendor warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Vendor 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.

2.7 Purchasing Card Program (PCard)

The State of Florida has implemented use of a PCard, using the Visa platform. Upon mutual agreement of both parties, the Vendor may receive payments via the PCard in the same manner as other Visa purchases. To find out more about the State’s purchasing card program visit: www.dms.myflorida.com.

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

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2.8 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 vendors 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.

2.9 Payment and Invoicing

The Contract resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Vendor for the delivery of commodities and services, as specified in Attachment II, Price Page. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Department requires a single invoice, on a monthly billing cycle, for commodities and services provided. The Vendor 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.

2.10 Contract Management

2.10.1 Department’s Contract Manager

The Contract Manager for this Contract will be:

Chief, Bureau of Security Operations

501 S. Calhoun Street Tallahassee, Florida 32399-2500

The Contract Manager will:

1) Serve as the liaison between the Department and the Vendor;

2) Communicate with the Contract Administrator to process all amendments, renewals and termination of the Contract; and

3) Evaluate Vendor performance. This evaluation will be placed on file and will be considered if the Contract is subsequently used as a reference in future procurements.

2.10.2 Contract Administrator

The Contract Administrator for this Contract will be:

Tania Zorn, Purchasing Manager Department of Corrections 501 S. Calhoun, Suite 311 Tallahassee, FL 32399 Telephone (850) 717-3700 Email: Purchasing@mail.dc.state.fl.us

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The Contract Administrator will:

1) Maintain the Contract Administration file, which is the official Contract file of record;

2) Process all Contract amendments, renewals and requests for termination; and

3) Maintain the official records of all formal correspondence between the Department and the Vendor provided by the Contract Manager for filing in the Contract Administration file.

SECTION 3.0 PROCUREMENT RULES AND INFORMATION

3.1 INSTRUCTIONS TO RESPONDENTS (PUR 1001)

The General Instructions to Respondents are outlined in form PUR 1001, and 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.

3.2 Vendor 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 written 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 Marianne Yancey, 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), Vendors 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, as per 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).

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

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

3.3 Cost of Bid Preparation

Neither the Department, nor the State of Florida, are liable for any costs incurred by a Vendor in response to this ITB.

3.4 Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Vendor’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 Vendors follow the format and instructions.

1) 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.

2) 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.

3) It is the Vendor’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.

4) Late bids will not be accepted.

5) Submit one (1) original hard copy of the 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 Vendor submits a redacted copy of the bid, as outlined in Section 3.18, the Vendor 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.

3.5 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 Vendor or its agents. All replies shall become the property of the Department and shall not be returned to the Vendor. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any response. Selection or rejection of a bid shall not affect this right.

3.6 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 Vendor of submitted bids will not be allowed, unless

Page 13 of 30 FDC ITB-15-146 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 Vendors submitting bids will be made available to interested parties after the bid opening, upon written request to the Procurement Officer.

3.7 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.

3.8 Florida Preference

In accordance with Section 287.084, F.S., a vendor whose principal place of business is located outside of the State of Florida, must accompany their bid response documents with a written letter from an attorney at law, licensed to practice law, in the State where their principal place of business is located, describing the preferences granted by that State (if any) to its own business entities in the award of public contracts. The written document must identify either the preference granted or contain a statement specifying that no preferences are granted.

When the lowest responsible and responsive bid is submitted by a Vendor whose principal place of business is located outside the state of Florida, a five percent (5%) price preference shall be awarded, unless the State, where the out-of-state Vendor is located, provides a different price preference for businesses having a principal place of business in that State, as indicated on the letter returned. In that case, the same price preference shall be granted to the lowest responsible and responsive Vendor whose principal place of business is located in the State of Florida responding to this competitive solicitation.

3.9 Basis of Award

A single award shall be made to the lowest responsive, responsible Vendor with the lowest cumulative, Grand Total Price, as specified on Attachment II, Price Page. The Vendor is required to bid all items in order for their bid to be considered responsive.

In the event the low cost Vendor is found non-responsive, the Department may proceed to the next lowest cost responsive Vendor and continue the award process.

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

3.10 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.

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3.11 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

Vendor, 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 by the Department.

3.12 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.

3.13 Verbal Instruction Procedure/Discussions

The Vendor 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 Vendor are recognized as duly authorized expressions on behalf of the Vendor. Any discussion by a Vendor 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 Vendor’s response.

3.14 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 Vendor shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service which they may do, or perform, for, or on behalf of, any officer, agent, or employee of the Vendor. 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 Vendor 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.

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3.15 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.

3.16 MyFloridaMarketPlace (MFMP) Registration

Each Vendor 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 Vendor not registered in the MFMP VIP system, unless exempted by Rule. A Vendor not currently registered in the MFMP VIP system shall do so within five (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.

3.17 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 Chapter 607, 608, 617, and 620, F.S., respectively.

3.18 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 Vendor 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 Vendor 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 Vendor on the cover, and shall be clearly titled “Redacted Copy.” The redacted copy shall be provided to the Department at the same time the Vendor submits its response to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. The Vendor 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 Vendor shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

If the Vendor fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data, or records submitted by the Vendor 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.

http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com

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3.19 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.” Vendors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision.

3.20 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 vendors with additional questions, and can be reached at 850-413-5519 or FLW9@myfloridaacfo.com.

3.21 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, who 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 a company to civil penalties, attorney’s fees, and/or costs.

3.22 Identical Tie Bids

During the solicitation evaluation process, if the Department receives identical pricing or scoring from multiple vendors, 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”.

3.23 Rejection of Bids

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

3.24 Inspector General

The Vendor 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, Vendor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review or hearing.

3.25 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 https://e-verify.uscis.gov/emp https://flvendor.myfloridacfo.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridaacfo.com http://www.sbafla.com/fsb/Home/ProtectingFloridasInvestmentAct/tabid/751/Default.aspx http://www.sbafla.com/fsb/Home/ProtectingFloridasInvestmentAct/tabid/751/Default.aspx

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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 Rules 28-110.003 and 28-110.004, F.A.C. Filings received after regular business hours (8:00 am to 5:00 pm) will be filed the next business day. Failure to file a protest within the time prescribed in Section 120.57(3), F.S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

SECTION 4.0 SPECIAL CONDITIONS

4.1 GENERAL CONTRACT CONDITIONS (PUR 1000)

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.

4.2 State Initiatives

4.2.1 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 Vendors, 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_divresity_osd/.

Documentation regarding Diversity in Contracting must be submitted to the Contract Administrator, and should identify participation by diverse Vendors and suppliers as prime vendors, subcontractors, vendors, 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 Vendor 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.

mailto:CO-GCAgencyClerk@mail.dc.state.fl.us mailto:CO-GCAgencyClerk@mail.dc.state.fl.us http://dms.myflorida.com/content/download/2933/11777 http://dms.myflorida.com/other_programs/office_of_supplier_divresity_osd/

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4.2.2 Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. If applicable, the Vendor 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 Vendor shall also provide a plan, if applicable, for reducing and/or handling of any hazardous waste generated by the Vendor’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 Vendor‘s hazardous waste plan and shall explain, in detail, its handling and disposal of this waste.

4.3 Subcontracts

The Vendor may, with prior written consent of the Department, enter into written subcontracts for the delivery or performance of services as indicated in this ITB. Anticipated subcontract agreements known at the time of bid submission, must be disclosed, and the amount of the subcontract must be identified in the bid. If a subcontract has been identified at the time of bid submission, a copy of the proposed subcontract must be submitted to the Department.

No subcontract, which the Vendor enters into with respect to performance of any of its functions under the resultant Contract, shall in any way relieve the Vendor of any responsibility for the performance of its duties. All subcontractors, regardless of function, who provide services on Department property, shall comply with the Department’s security requirements, including background checks, and all other Contract requirements. All payments to subcontractors shall be made by the Vendor.

If a subcontractor is utilized by the Vendor, the Vendor shall pay the subcontractor within seven (7) working days after any payment is received from the Department, in accordance with Section 287.0585, F.S. It is understood, and agreed upon, that the Department shall not be held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Vendor shall be solely responsible to the subcontractor for all expenses and liabilities under the Contract resulting from this ITB. If the Vendor fails to pay the subcontractor within seven (7) working days, the Vendor shall pay a penalty to the subcontractor in the amount of one-half (½) of one percent (1%) of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed, and shall not exceed fifteen percent (15%) of the outstanding balance due.

4.4 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

Page 19 of 30 FDC ITB-15-146 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 Vendor. 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 Vendor without express written permission of the Department.

The Vendor, 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 Vendor. The Vendor 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 Vendor, 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 Vendor full opportunity to defend the action and control the defense of such claim.

Further, if such a claim is made, or is pending, the Vendor 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 Vendor upon its request and receive reimbursement, fees and costs, if any, as may be determined by a court of competent jurisdiction.) If the Vendor 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.

4.5 Independent Contractor Status

The Vendor 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 by which the Vendor 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.

4.6 Assignment

The Vendor 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 Vendor.

4.7 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

Page 20 of 30 FDC ITB-15-146 provision was omitted, so long as the material purposes can still be determined and effectuated.

4.8 Use of Funds for Lobbying Prohibited

The Vendor 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, Judicial branch of government, or a State agency.

4.9 Employment of Department Personnel

The Vendor 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.

4.10 Legal Requirements

Applicable provision of all Federal, State, county and local laws, and all ordinances, rules, and regulations shall govern development, submittal and evaluation of all bids received in response hereto, and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the State of Florida, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; lack of knowledge by any Vendor shall not constitute a cognizable defense against the legal effect thereof.

4.11 Insurance

The Vendor agrees to provide adequate, comprehensive insurance coverage, and to hold such insurance at all times during the existence of the Contract resulting from this solicitation. The Vendor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Vendor, and the Department, under the Contract resulting from this solicitation. At a minimum, such insurance shall include workers’ compensation and employer’s liability insurance, per Florida statutory limits, covering all employees engaged in any Contract work; commercial general liability coverage; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work. The Vendor may be required to furnish the Department written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Vendor is a state agency or subdivision as defined in Section 768.28, F.S., the Vendor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any party’s liability beyond that provided in Section 768.28, F.S.

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ATTACHMENT I – NONDISCLOSURE AGREEMENT FOR RESTRICTED INFORMATION

In connection with FDC ITB-15-146, entitled…