PC-700000-26166.pdf

Invitation to Bid (ITB)

Roof Maintenance, Repair, and Replacement Services

FDC ITB-25-007

Sarah Weirick Procurement Officer Florida Department of Corrections 501 South Calhoun Street Tallahassee, FL 32399

Table of Contents

SECTION 1.0 - DEFINITIONS

SECTION 2.0 - INTRODUCTION

2.1 Overview

2.2 ITB Timeline

SECTION 3.0 - KEY INFORMATION

3.1 Background

3.2 Statement of Purpose

3.3 Minimum Qualifications

3.4 Issuance of Purchase Order

3.5 Prequalification with the Department

3.6 Bid Guarantee

3.7 Performance, Labor and Materials Payment Bonds

3.8 Pre-Bid Conference

3.9 ITB Modifications

3.10 Order(s) of Precedence

3.11 ITB Outcome

SECTION 4.0 - NON-TECHNICAL SPECIFICATIONS

4.1 Specifications

4.2 Estimated Quantities

4.3 Delivery

4.4 Warranty

4.5 Financial Consequences

4.6 Addition/Deletion of Items or Locations

4.7 Payment and Invoicing

SECTION 5.0 - BID PROCESS AND VENDOR INFORMATION

5.1 General Instructions to Respondents (PUR 1001)

5.2 Vendor Inquiries

5.3 Vendor Ombudsman

5.4 Instructions for Bid Submittal

5.5 Price Page

5.6 Mandatory Responsiveness Requirements

5.7 Bid Contents

5.8 Bid Opening

5.9 Bid Evaluation

5.10 Basis of Award

5.11 Disposal of Bids

5.12 Bid Withdrawal

5.13 Addenda

5.14 No Prior Participation and Conflict of Interest

5.15 Florida Department of State Licensing Requirements

5.16 VIP Registration

5.17 Confidential, Proprietary, or Trade Secret Material

5.18 E-Verify

5.19 Substitute W-9

5.20 Contact Information and Scrutinized Companies Certification

5.21 Identical Bids

5.22 Rejection of Bids

5.23 Cooperation with the Inspector General

5.24 Cooperation with the Florida Senate and Florida House of Representatives

5.25 Protest Procedures

5.26 Cost of Bid Preparation

5.27 Additional Bid Requirement for Out-of-State Vendors (Florida Preference)

SECTION 6.0 - OTHER TERMS AND SPECIAL CONDITIONS

6.1 General Contract Conditions (PUR 1000)

6.2 Modifications after Contract Execution

6.3 Vendor Diversity

6.4 Environmental Considerations

6.5 Drug-Free Workplace

6.6 Copyrights, Right to Data, Patents, and Royalties

6.7 Independent Contractor Status

6.8 Assignment

6.9 Severability

6.10 Use of Funds for Lobbying Prohibited

6.11 Employment of Department Personnel

6.12 Legal Requirements

6.13 Contractor’s Insurance

6.14 PCard Payments

6.15 Annual Appropriation

6.16 Tax Exemption

6.17 Special Conditions

6.18 Reservation of Rights

6.19 Convicted Felons

6.20 Taxes

6.21 Safety Standards

6.22 Conflict of Law and Controlling Provisions

6.23 Termination

6.24 Indemnification

6.25 Americans with Disabilities Act

6.26 Prison Rehabilitative Industries and Diversified Enterprises (PRIDE)

6.27 Products Available from the Blind or Other Handicapped (RESPECT)

Attachment I – Scope of Work

Attachment II – Bid Bond Form

Attachment III – Nondisclosure Agreement for Restricted Information

Attachment IV – Price Page

Attachment V – Bidder’s Contact Information and Certification

Attachment VI – Certification of Drug-Free Workplace Program

Attachment VII – Security Requirements

Attachment VIII – Pass/Fail Requirement Certification and Non-Colluaion Certification

Attachment IX – Forced Labor Vendor Attestation (PUR 2024)

Attachment X – Vendor Certification Form (PUR 7801)

Attachment XI – Foreign Country of Concern Attestation (PUR 1355)

Attachment XII – Service/Delivery Locations

Attachment XIII – Subcontracting Form

SECTION 1.0 - DEFINITIONS

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

1.1. Agency Term Contract (ATC or Contract): The written Contract between the Department and the successful Vendor, which results from this ITB and is mandatory for use by the entire Department.

1.2. Bid: A Vendor’s response to this ITB.

1.3. Breach of Contract: A failure of the Contractor to perform services or provide commodities in accordance with the terms and conditions of any Contract which may result from this ITB.

1.4. Business Day and Business Hours: Monday through Friday from 8:00 a.m. to 5:00 p.m., Local Time, excluding State Holidays or other official closures, unless otherwise stated in this ITB or resulting Contract.

1.5. Contract Manager: The Department employee, or designee, who will serve as a liaison between the Contractor and Department under the Contract, and will monitor the Contractor’s progress and Contract performance to ensure the procured products and services conform to the Contract’s requirements.

1.6. Contractor: The organization or individual providing services to the Department, in accordance with the terms of any Contract which may result from this ITB.

1.7. Correctional Institution (CI): Any prison or other facility, temporary or permanent, in which Inmates are housed under the custody of the Department, including main units, annexes, road prisons, work camps, forestry camps, community release centers, re-entry centers, and any other satellite facilities.

1.8. Day: A calendar day, unless otherwise noted.

1.9. Department or FDC: The Florida Department of Corrections.

1.10. Emergency Services: A situation in which maintenance and repair services are immediately required of the Contractor due to the malfunction or breakdown of equipment that may threaten the welfare of FDC inmates and staff. Emergency service requests require immediate response by the Contractor during and after regular Business Hours, weekends, and Holidays.

1.11. Holidays: Refers to State Holidays or other official closures.

1.12. Hour(s): Includes Business Hours and non-business hours.

1.13. Material Deviation(s): A deviation from the requirements and specifications herein, which, in the Department’s sole discretion, is not in substantial accord with the requirements and specifications, provides a significant competitive advantage to a single Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

1.14. Minor Irregularity: A variation from the requirements and specifications herein that does not give the Vendor a significant competitive advantage or benefit not enjoyed by other Vendors and does not adversely impact the Department’s interests.

1.15. Non-Emergency Repairs: Any and all repair work in which the roof/structure is still operable;

however, if repairs are not made, the roof/structure may be further damaged or become inoperable.

1.16. Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the Visa platform.

1.17. Purchase Order (PO): The form or format which the Department utilizes through

MyFloridaMarketPlace/Aribia on Demand (MFMP/AOD) to make a purchase under a Contract.

1.18. Responsible Vendor: A Vendor who has the capability in all respects to fully perform the

Contract requirements and the integrity and reliability that will assure good faith performance.

1.19. Responsive Bid: A Bid submitted by a Responsible Vendor, which conforms to all material aspects of this ITB.

1.20. Service Location(s): Refers to the specific Institution where the services requested are to be provided or delivered.

1.21. Specifications: The detailed conditions of the Contract, including technical specifications and other descriptions of the work as outlined in the Contract documents.

1.22. State: State of Florida.

1.23. 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 any Contract which may result from this ITB.

1.24. Subcontractor: An individual, firm, or corporation that holds a Contract with the Contractor or any other Subcontractor to perform any obligation or duty on behalf of 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.

1.25. Vendor or Bidder: A legally qualified corporation, partnership, or other business entity submitting a Bid to the Department in response to this ITB.

1.26. Weekend: As referred herein, Saturday and Sunday.

SECTION 2.0 - INTRODUCTION

2.1 Overview

The Department has a need to contract with certified roofing companies to maintain, repair, and install roofing systems for various Correctional Institutions throughout the State.

2.2 ITB Timeline

The Department established the following timeline for this ITB. Each Bidder must adhere to this timeline and any timeline revision(s). If the timeline requires a change, the Department will post a timeline revision as an addendum to the ITB advertisement in accordance with Section

5.13 of this ITB. All references to the “Timeline” herein refer to the timeline in this Section. All times below are Eastern Time (E.T.).

EVENT DATE/TIME LOCATION

Release of ITB October 2, 2025 Vendor Information Portal (VIP):

Vendor.myfloridamarketplace.com/

Pre-Bid Conference and Site Visit

(Non-mandatory)

October 22, 2025 at 10:00 a.m.

Wakulla Correctional Institute 110 Melaleuca Drive

Crawfordville, FL 32327

Last Day for Written Inquiries to be received by the

Department

October 28, 2025 at 5:00 p.m.

Submit to:

Florida Department of Corrections

Sarah Weirick, Procurement Officer Email: Purchasing@fdc.myflorida.com

Anticipated Posting of Written Responses to

Written Inquiries

November 18, 2025

VIP:

Vendor.myfloridamarketplace.com/

Last Day for

Prequalification packets to be received by the Department

November 21, 2025 at 5:00 p.m.

Submit to:

Florida Department of Corrections

Sarah Weirick, Procurement Officer Email: Purchasing@fdc.myflorida.com

Subject: FDC ITB-25-007 Roof Maintenance, Repair, and Replacement Services

Sealed Bids Due and Opened

December 15, 2025 at 2:00 p.m.

Submit to:

Florida Department of Corrections Sarah Weirick, Procurement Officer

501 South Calhoun Street Tallahassee, Florida 32399-2500

Subject: FDC ITB-25-007 Roof Maintenance, Repair, and Replacement Services

Anticipated Posting of Recommended Award

February 2025

VIP:

Vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com https://vendor.myfloridamarketplace.com/

SECTION 3.0 - KEY INFORMATION

3.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the FDC has 24,000 full-time employees, incarcerates approximately 80,000 inmates, and supervises nearly 145,000 offenders in the community. The Department’s Office of Institutions manages 143 facilities statewide, including major institutions, annexes, work camps, road prisons, forestry camps, re-entry centers, and community release centers.

The Department’s Office of Community Corrections monitors and supervises adult offenders out of 130 offices within 20 judicial circuits. The Department divides its operations geographically into four (4) regions: Region I (the Panhandle), Region II (North Florida), Region III (Central Florida), and Region IV (South Florida). Each region has a Regional Director of Institutions who supervises all Wardens in that region and a Regional Director of Community Corrections who supervises all Circuit Administrators in that region.

3.2 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure Responsive Bids from Responsible Vendors to install, maintain, and repair roofs for the Department, statewide. The Department is selecting a Vendor for each of its four (4) regions. Responsive Vendors must select the region in which they can provide service on Attachment IV – Price Page.

The project details may be found in Attachment I – Scope of Work.

3.3 Minimum Qualifications

All Bidders submitting Bids shall have an active Certified General Contractor license in the State of Florida or be Certified Technicians.

3.4 Issuance of Purchase Order

As a result of this ITB, the awarded Responsible Bidder(s) will be issued a PO through

MFMP/AOD.

3.5 Prequalification with the Department

Each Bidder who bids on contracts with values of Level Four and Level Five, as defined in Rule 60D-5.002, Florida Administrative Code (F.A.C.), whose field or area is governed by Chapters 399, 455, 489 or 633, Florida Statutes (F.S.), for licensure must be prequalified by the Department to participate in the bid process for a specific field or area of construction based on the Bidder’s area of license or certification.

In order to be eligible to submit a Bid for work on a project, during the current two (2) year period (beginning on September 1 of each even-numbered year and continuing for a period of 24 months), a Bidder under the jurisdiction of Chapters 399, 455, 489 or 633, F.S., must provide to the Department evidence of the following qualifications biennially after September 1, of each even-numbered year, or during the bidding of a specific project.

To prequalify, Bidders must submit the following documentation to the Procurement Officer listed in Section 5.2, Vendor Inquiries:

A. Current State Contractor’s license certification or Qualified Technician certification as required by Florida Law.

B. Current Corporate Charter registration, if the potential Bidder is a domestic (Florida) corporation, or authority to transact business if the potential Bidder is a foreign (non- Florida) corporation, as may be required by Florida law.

Bidders must submit the above documentation by the date identified in the Timeline.

Bidders must receive a prequalification confirmation letter from the Department prior to the Bid opening date and include the prequalification confirmation letter with their Bid.

3.6 Bid Guarantee

On projects where the base Bid and sum of all additive alternates exceeds $100,000.00, Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the Bid, which may be a certified check, a cashier's check, treasurer's check, bank draft or bid bond made payable to the Department. If a bid bond is submitted, it must be from a surety insurer authorized to do business in the State of Florida as a surety, and the Power of Attorney must be attached to the bid bond. Such check or bid bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw their Bid for a period of 60 Days after the scheduled closing time for the receipt of Bids;

that if their Bid is accepted, they will enter into a written Contract (or PO) with the

Department in accordance with the form of agreement included as part of the PO, and that the required Performance, Labor and Material Payment Bonds will be given, and that in the event of the withdrawal of said bond within said period, or failure to enter into said PO and give said bonds within two (2) Days after the Recommended Award Posting, the

Bidder shall be liable to the Department for the full amount of the bid guarantee as representing the damage to the Department on account of the default of the Bidder in any particular hereof. The bid bond or check shall be returned to all except the apparent lowest two (2) qualified Bidders after the formal opening of sealed Bids. If the required PO has not been executed within 60 Days after the date of the opening of the Bids, then the Bid bond or check of any Bidder will be returned upon their request, provided (s)he has not been notified of the acceptance of their Bid prior to the date of such request. Once the PO is issued to the awarded Bidder, the bid bonds for the lowest two (2) qualified Bidders shall be returned. The form of bond shall be as prescribed in (Attachment II – Bid Bond Form) of this ITB.

3.7 Performance, Labor and Materials Payment Bonds

If the awarded Bidder’s Contract price exceeds $100,000.00, then the Bidder shall furnish the Department with a 100% Performance Bond and a 100% Labor and Materials

Payment Bond, written by a surety company acceptable to the Department, and authorized to do business in the State of Florida.

The cost of the Performance Bond and the Labor and Materials Payment Bonds shall be borne by the Bidder. The bonds shall be accompanied by a duly authenticated or certified document, in duplicate, evidencing that the person executing the bonds on behalf of the surety had the authority to do so on the date of the bond. In the usual case, the conferring of that authority has occurred prior to the date of the bond, and the document showing the date of appointment and enumeration of powers of the person executing the bond is accompanied by a certification that the appointment and powers have not been revoked and remain in effect. The date of that certification shall be dated the same date as the bonds, and the bonds shall be dated within two (2) Days of the Department advertising the Intent to Award on the VIP.

3.8 Pre-Bid Conference

A non-mandatory pre-bid conference will be held on the date and time specified in the

Timeline. A maximum of two (2) individuals per Bidder will be permitted to attend.

The Department has set a specific date for the pre-bid conference and site visit. The

Department will not allow visits for individual Bidders at any other time. A completed and approved background check is mandatory to attend the site visit. For a background check, interested Bidders must send an email to Kelly Clay Kelley.Clay@fdc.myflorida.com or

Marie Boan Marie.Boan@fdc.myflorida.com at least two (2) Business Days prior to the site visit and furnish the following information for all attendees: the attendee’s full name, race, gender, social security number, date of birth, and driver’s license number, and state of issuance.

All Department security procedures shall apply.

Persons present as attendees must be the same individuals for whom background information was provided and must be approved by the Department prior to the site visit.

Bidders who did not seek prior approval and did not complete the background check may be denied access. Attendees must present photo identification at the site.

3.9 ITB Modifications

Once the Department advertises this ITB on the VIP, if it needs to change, supplement, modify or revise any portion of its contents or exhibits, attachments, or other materials, it will advertise supplemental information as an addendum to this ITB on the VIP. Interested parties are responsible for monitoring the VIP website for addenda relative to this ITB.

3.10 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:

1) ITB Addenda, in reverse order of issuance;

2) This ITB document, including attachments or exhibits;

3) General Contract Conditions (Form PUR 1000 referenced in Section 6.1 of this ITB);

then

4) General Instructions to Respondents (Form PUR 1001 referenced in Section 5.1 of this ITB).

3.11 ITB Outcome

3.11.1 Contract Term and Renewal

As a result of this ITB, the Department will award the successful Vendor(s) for each Region a Contract for up to three (3) years. The awarded Contract may be renewed in accordance with Section 287.057(14), F.S., Contract pricing will be fixed, as specified in the Vendor’s completed Attachment IV – Price Page.

mailto:Kelley.Clay@fdc.myflorida.com mailto:Marie.Boan@fdc.myflorida.com

3.11.2 Purchases and Invoicing

The Department may issue POs through MFMP/AOD or pay for deliverables via PCard. Throughout the Contract term, the Contractor shall invoice the Department in arrears, as required by Section 215.422, F.S. The Contractor’s invoice shall include its name, mailing address, federal tax identification number (FEIN), Contract number, PO number, the dates of service (if applicable), items provided (if applicable), and all relevant supporting documentation.

3.11.3 Substitutions

Upon Contract execution and POs issuance, the Contractor must provide only the services awarded using the specifications listed in this ITB. Substituted services provided to the Department without prior approval by the Department are prohibited, and may lead to termination of the Contract.

If an awarded service cannot be provided for reasons beyond the Contractor’s control, such as a product discontinuance, the Contractor shall propose an alternative service to the Contract Manager for approval within 10 Days of receiving a PO from the Department. The alternative service must meet or exceed the terms, conditions, and requirements applicable to the item originally awarded.

The Department may require a sample of the alternative product offered for the applicable service for review prior to approval. If required, the Contractor will deliver the sample to the Department's Central Office in Tallahassee, FL, or other locations as directed, at no cost to the Department. If the Contractor wants the sample returned, it will pay for shipping the product back after the Department completes its review.

3.11.4 Subcontracts

The Contractor is fully responsible for all work performed under this Contract.

The Contractor may, upon receiving written consent from the Contract Manager, use service providers and/or enter into a written subcontract(s) for the performance of certain functions under this Contract. No Subcontract, which the Contractor enters into with respect to the performance of any of its functions under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. The Contractor shall make payments to subcontractors.

If a subcontractor is utilized by the Contractor, the Contractor shall pay the subcontractor within seven (7) Business Days after receipt of full or partial payments from the Department, in accordance with Section 287.0585, F.S.

The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any Subcontract. The Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract. The Contractor’s failure, without reasonable cause, to pay a subcontractor within seven (7) Business Days will result in a penalty to be paid by the Contractor to the subcontractor in the amount of one-half percent (0.5%) of the amount due per Day past the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

All Subcontracts/agreements shall comply with the Department’s Procedure

205.002 “Contract Management”, and shall include the items noted below:

• Identity of the subcontractor (i.e., company, individual, etc.) that will be performing the subcontracted services;

• Qualifications of the subcontractor;

License(s) and certification(s) provided by the subcontractor, required to perform the subcontracted services; and

• Include the specific clauses noted below from the Contract between the Contractor and the Department:

o Cooperation with the Inspector General o Cooperation with the Florida Senate and the Florida House of Representatives o E-Verify o Staff Background/Criminal Records Checks

Additionally, all subcontractor agreements must include a statement from the proposed subcontractor acknowledging acceptance of and intent to be bound by the Contract terms included in the contract between the Department and the Contractor.

See also Section 5.8, related to E-Verify.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

SECTION 4.0 - NON-TECHNICAL SPECIFICATIONS

4.1 Specifications

The awarded Bidder shall supply and install, repair, and maintain roofs at locations, as specified in Attachment I – Scope of Work. This Attachment has the specifications for the items or services to be provided under this ITB and the Contract. All commodities or services must be bid as specified. These items and services will be considered deliverables in the Contract.

4.2 Estimated Quantities

Quantities listed are given only as a guideline for preparing a Bid and awarding a Contract and should not be construed as representing actual quantities to be purchased.

4.3 Delivery

The awarded Bidder shall ensure the services are completed within 90 Days of PO issuance unless a different time is mutually agreed upon by the Department and the awarded Bidder and documented on the relevant PO. Typical work hours are between 8:30 a.m. and 4:00 p.m., local time, Monday through Friday, excluding State Holidays or other official closures, unless otherwise stated in the PO. Specific institutional work hours will be discussed at the pre-bid conference and site visit.

4.4 Warranty

Materials and installation workmanship shall be warrantied by the awarded Bidder against defects for a warranty period of at least two (2) years after installation. This warranty is in addition to the the Manufacturer’s material warranty. Warranty is limited to repair or replacement of materials deemed to have failed under conditions of normal use and excludes failures attributed to misuse, vandalism, acts of God, fire, explosions, earthquakes, floods, lightning, acts of public enemy, war, riots, civil disturbances, or insurrections.

Should defects become evident within the warranty period, the Bidder shall either repair the defective parts and materials or replace the Contract item at no additional cost to the Department. The warranty period shall start on the date installation is complete and shall be extended to include times during which the products are out of service for warranty repair.

4.5 Financial Consequences

The Department desires to contract with a Bidder who clearly demonstrates its willingness to be held accountable for the achievement of successful Contract performance upon execution of the Contract. The Bidder agrees it will be assessed a reasonable amount of financial consequences, in accordance with Florida Statute, which are not intended to be a penalty, and are solely intended to incentivize performance under the Contract.

Accordingly, and unless otherwise stated in this ITB, financial consequences shall be assessed in the amount of $100 per Day for each Day the Bidder fails to complete the services in excess of the Days established in Section 3.3, Delivery, subject to the force majeure provisions of the Contract.

Allowing completion of work after the time allowed shall not act as a waiver of financial consequences by the Department. Failure to provide required reports shall also result in the assessment of this $100 per Day financial consequence if reports are required by this ITB or the Contract.

Nothing in this section shall be construed to make the Bidder liable for delays that are beyond their reasonable control. The Department’s Contract Manager shall make the determination as to what the term “reasonable” will mean in the context of any delay.

Nothing in this section shall limit the Department’s right to pursue other remedies at law or in equity if damages occur.

Performance Measures (PM)

No. Description Expectation Measurement Financial

Consequence

PM-001

The Contractor shall ensure the services are completed in accordance with Section 4.3.

The Contractor shall ensure the services are completed within 90 days of PO issuance or a mutually agreed-upon timeframe.

Per Day

$100 per Day after the 91st Day of PO issuance or agreed-upon timeframe.

4.6 Addition/Deletion of Items or Locations

The Department reserves the right to add or delete services or service locations after Contract execution when it is in the Department’s best interest and within the general scope of this ITB. Pricing for added or modified items or locations shall be comparable to amounts awarded as a result of this ITB.

4.7 Payment and Invoicing

Pricing for the Contract will be at a fixed rate. The Department will compensate the awarded Bidder for the delivery of services, as specified in Attachment IV – Price Page.

Throughout the Contract term, the Vendor shall invoice the Department in arrears, as required by Section 215.422, F.S. The Vendor's invoice shall include its name, mailing address, federal tax identification number (FEIN), PO number, the dates of service (if applicable), items provided (if applicable), and all relevant supporting documentation.

SECTION 5.0 - BID PROCESS AND VENDOR INFORMATION

5.1 General Instructions to Respondents (PUR 1001)

The State’s General Contract Conditions (Form PUR 1000) and General Instructions to Respondents (Form PUR 1001) may be viewed at the link below and are hereby incorporated by reference in their entirety as part of this ITB.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_re sources/state_purchasing_pur_forms.

The terms and conditions set forth within this ITB supersede any conflicting terms and conditions set forth within Forms PUR 1000 or PUR 1001.

5.2 Vendor Inquiries

Interested Vendors may email questions relating to this ITB to the Procurement Officer listed below. Questions must be received by the deadline in the ITB Timeline. Oral inquiries, or those submitted after the deadline, will not be acknowledged.

Procurement Officer:

Sarah Weirick Bureau of Procurement

Office of Financial Management Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3700 Email: Purchasing@fdc.myflorida.com

The Department will post its answers to written questions to the VIP on or about the date referenced in the Timeline.

Between the release of the solicitation, and the end of the 72-hour period following the advertisement of the Notice of Agency Decision (the 72-hour period excludes Saturdays, Sundays, and State holidays), Vendors responding to this ITB, and 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 this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), F.S.

Persons requiring special accommodations to respond to this ITB because of a disability should contact the Bureau of Procurement at (850) 717-3700, at least five (5) Business

Days before any Bid opening or public meeting. Persons who are deaf, hard-of-hearing, deaf-blind, or speech-disabled may contact the Bureau of Procurement by using the

Florida Relay Service at (800) 955-8771 (TTY/ASCII).

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any verbal discussion with a State employee related to this ITB. Only written communications from the Procurement Officer are considered duly authorized expressions on behalf of the Department. Only written communications from a Vendor will be recognized as duly authorized expressions on behalf of the Vendor.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms mailto:Purchasing@fdc.myflorida.com http://www.myflorida.com/apps/vbs

5.3 Vendor Ombudsman

A vendor ombudsman has been established within the Florida Department of Financial Services (DFS). The duties of this office include acting as an advocate for Vendors who may experience problems in obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be contacted by calling the Florida Department of Financial Services at

(850) 413-5516.

5.4 Instructions for Bid Submittal

Each Bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are discouraged. The emphasis in each Bid must be on completeness and clarity of content.

To expedite the review of Bids, Bidders must adhere to the following:

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 the

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 marked clearly on the outside of the envelope/package.

3) It is the Bidder’s responsibility to ensure its Bid submitted is delivered to the proper place and time, as stipulated in the Timeline. The Department’s clocks will stamp Bids when received, and provide the official time for Bid opening.

4) Late Bids will not be accepted and will not be opened.

5) A Bidder shall submit one (1) original Bid in paper format, and one (1) electronic copy in searchable PDF format on a CD/DVD or flash drive (not password protected). The electronic copy must contain the entire Bid, as submitted, including all supporting and signed documents. If the Bidder chooses to submit a redacted copy of their Bid, as outlined in Section 4.17, Confidential, Proprietary, or Trade Secret Material, the Bidder should submit one (1) redacted hard copy and one (1) redacted electronic copy, in searchable PDF format (in addition to the non-redacted version), on a CD/DVD or flash drive (not password protected).

5.5 Price Page

The Bidder shall complete and submit Attachment IV – Price Page, to bid on this ITB.

Bidders should ensure they are using the most current version of the Price Page before submitting their Bids by checking the VIP for any ITB modifications as outlined in Section

5.13 Addenda. If the Department approved any equivalent products for services during the question/answer phase of this ITB, then the Department will reflect the approved equivalents as items on Attachment IV – Price Page. By submitting a Bid in response to this ITB, a Bidder warrants its agreement to the prices submitted. Bidders should submit Bids with the most favorable pricing the Bidder can offer the State. Any modifications, qualifications, counteroffers, deviations, or challenges will be rejected and may render a Bid non-Responsive. The Department may reject any Bidder’s Price Page that includes inconsistencies, inaccuracies, or is incomplete.

Bids must be firm prices and inclusive of all packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

The Department is exempt from paying federal excise taxes and sales tax on direct purchases services.

If a 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.

The services sought in this ITB will be considered deliverables in the Contract.

If the completed and correct version of the Price Sheet is not included in a Vendor’s

Bid, the Bid will be deemed non-Responsive.

5.6 Mandatory Responsiveness Requirements

All Bidders must submit the following mandatory documentation with their Bid. Any Bid rejected for failure to meet Mandatory Responsiveness Requirements will not be reviewed further.

1) Attachment II – Bid Bond Form, if applicable;

2) Attachment III – Nondisclosure Agreement for Restricted Information;

3) Attachment IV – Price Page;

4) Attachment V – Bidder’s Contact Information and Certification;

5) Prequalification confirmation letter from the Department which notates the Contractor is a Certified General Contractor in the State of Florida as required in Section 3.5, Prequalification with the Department;

6) Attachment VI – Certification of Drug-Free Workplace Program;

7) Attachment VII – Security Requirements;

8) Attachment VIII – Pass/Fail Requirement Certification;

9) Attachment IX – Forced Labor Vendor Attestation (PUR 2024);

10) Attachment X – Vendor Certification Form (PUR 7801);

11) Attachment XI – Foreign Country of Concern Attestation (PUR 1355); and

12) Attachment XIII – Sub Contracting Form, if applicable.

5.7 Bid Contents

All documents produced or provided as part of any Bid or this ITB process shall become and remain the exclusive property of the Department and may not be removed by the Vendor or its agents. The Department has the exclusive right to use any or all ideas, adaptations of ideas, or content presented in any Bid. Selection or rejection of a Bid shall not affect this right.

5.8 Bid Opening

Bids are due and will be publicly opened at the time, date, and location specified in the Timeline. The Department will not accept or consider Bids received after the Bid Deadline.

Vendors may not modify their Bids after the Bid Deadline. Department staff are not responsible for the accidental opening of a Bid that has been improperly sealed or not addressed as indicated in the Timeline.

5.9 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 Bids, 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 Bid not submitted in the manner specified in this ITB. Material Deviations cannot be waived and shall be the basis for determining a Bid not Responsive. A Minor Irregularity will not result in a rejection of a Bid.

5.10 Basis of Award

An award shall be made to the Responsible Bidder with the lowest Grand Total Price for the Region in which the bid was submitted, as specified in Attachment IV – Price Page.

The Bidder is required to bid all items on Attachment IV, Price Page, for their Bid to be considered Responsive.

In the event the Bidder with the lowest Grand Total Price is found non Responsive, the Department may proceed to the next Responsible Bidder with the lowest Grand Total Price and continue the award process.

5.11 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.

5.12 Bid Withdrawal

A Bid may be withdrawn by submitting a written request for its withdrawal to the Department’s Procurement Officer. 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 other Bid shall remain valid for 90 Days from the Bid’s opening date.

5.13 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation or exhibits, addenda, and materials relative to this procurement, the information will be posted on the VIP (vendor.myfloridamarketplace.com/).

Interested Bidders are responsible for monitoring this site for new, changing, or clarifying information relative to this ITB.

5.14 No Prior Participation and Conflict of Interest

Per Section 287.057(19)(c), F.S., a person who receives a contract that has not been procured pursuant to Subsections (1)-(3) of Section 287.057, F.S. 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 is 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. No Officers, agents, or employees of the Department shall 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 https://vendor.myfloridamarketplace.com/

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.

Per Section 287.057(19), F.S., the Department shall avoid, neutralize, or mitigate significant potential organizational conflicts of interest before the award of a contract and may not proceed with an award if a conflict of interest exists based upon the Vendor’s gaining of an unfair competitive advantage.

5.15 Florida Department of 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 Florida Department of State or provide certification of their exemption at the time of Bid submission.

5.16 VIP Registration

Each Vendor doing business with the State for the sale of commodities or contractual services, as defined in Section 287.012, F.S., shall register in the MyFloridaMarketPlace Vendor Information Portal (VIP), unless exempted under Rule 60A-1.033, 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 VIP system, unless exempted by Rule. A Vendor not currently registered in the VIP system shall do so within five (5) Days of award. Registration can be completed at http://vendor.myfloridamarketplace.com. For assistance with registration, Contractors may contact the MFMP/AOD Customer Service Desk at vendorhelp@myfloridamarketplace.com or (866) 352-3776.

Pursuant to Section 287.057(24), F.S., all Contractor payments could be assessed a Transaction Fee unless a qualifying exception exists pursuant to Rule 60A-1.031, F.A.C.

and the Department has determined that payments made under the Contract are excepted from this Transaction Fee pursuant to Chapter 60A-1.031, F.A.C.

Payments made under this Contract are not subject to the MyFloridaMarketPlace Transaction Fee and are exempt pursuant to Rule 60A-1.031,(3)(C), F.A.C.

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 must also simultaneously provide the Department with a separate redacted copy of its response (both printed copy and a searchable PDF document on a CD/DVD or flash drive) 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 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 http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com

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

1. The Contractor has completed and submitted DMS Form PUR 7801 included as Attachment A, prior to contract execution and agrees to re-submit this completed form each year on the contract anniversary date.

2. The Contractor has provided proof of its E-Verify registration prior to Contract execution.

3. The Contractor understands that it shall be unlawful for any person knowingly to employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within the state, an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, in accordance with Section 448.09, F.S.

4. The Contractor understands that it must request and maintain an affidavit for all subcontractors stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor certifies that it will provide subcontractor affidavit(s) to the Department at any time the Department requests.

5.19 Substitute W-9

The Florida Department of Financial Services (DFS) requires all Vendors to complete a

Substitute Form W-9 electronically at https://flVendor.myfloridacfo.com. A list of frequently asked questions and related answers regarding this requirement can be found at https://flVendor.myfloridacfo.com/W-9%20faqs.pdf. Contractors requiring additional assistance may contact the DFS at 850-413-5519 or FLW9@myfloridacfo.com.

5.20 Contact Information and Scrutinized Companies Certification

The Bidder must certify it is not listed on the Scrutinized Companies that Boycott Israel

List, created under Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the Contract exceeds $1,000,000.00 in total, not including renewal years, the

Bidder must certify that they are not listed on either 1) the Scrutinized Companies with

Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List created under Section 215.473, F.S., and they are not engaged in business operations in Cuba or Syria, as stated in Section 287.135(2)(b)2, F.S. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Bidder agrees the

Department may immediately terminate the Contract for cause if the Bidder is found to have submitted a false certification or if the Bidder is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the Contract.

Any company that submits a Bid must certify that the company is not participating in a boycott of Israel.

https://flvendor.myfloridacfo.com/casappsp/cw9hsign.htm https://flvendor.myfloridacfo.com/W-9%20faqs.pdf mailto:FLW9@myfloridacfo.com

Vendors shall accomplish this certification(s) by completing and returning Attachment V, Bidder’s Contact Information and Certification. If Attachment V is not included in the

Vendor’s Bid, it will be deemed non Responsive.

5.21 Identical Bids

If the Department receives identical pricing or scoring from multiple Bidders, the

Department shall determine the order of award using the following criteria:

A) If two (2) equal responses are received, and one (1) response is from a certified minority business enterprise, the Department will award a Contract to the certified minority business enterprise in accordance with Section 287.057(12) F.S. Minority

Business Certifications submitted by a Vendor as part of its Bid must be active and current at the time of submission. A Bid containing a blank, incomplete, invalid, or falsified Minority Business Certification will be deemed non-responsive.Per Section

295.187(4), F.S., when considering two (2) or more Bids, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, the Department shall award a

Contract to the certified veteran business enterprise. If a veteran business enterprise and one (1) or more businesses entitled to a preference by law submit Bids, which are equal with respect to all relevant considerations including price, quality, and service, the Department shall award a Contract to the business having the smallest net worth.

B) Per Section 287.087, F.S., whenever two (2) or more Bids that are equal with respect to price, quality, and service are received by the Department, the Bid from a business that certifies it has implemented a drug-free workplace program shall be given preference in the award process. A Bidder may certify it has implemented a drug-free workplace program by completing Attachment VI, Certification of Drug-Free

Workplace Program.

C) Per Section 287.082, F.S., whenever two (2) or more competitive sealed Bids are received, one or more of which relates to commodities manufactured, grown, or produced within the State of Florida, and whenever all things stated in such received

Bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this State shall be given preference.

Per Section 287.092, F.S., any foreign manufacturing company with a factory in the State and employing over 200 employees working in the State shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured.

5.22 Rejection of Bids

The Department reserves the right to accept or reject any Bids or separable portions thereof…