PC-700000-27013.pdf

Invitation to Bid (ITB)

Non-Regulated Trash Collection Services Regions 1 and 2

FDC ITB-26-034

Miranda Tatum, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

Table of Contents

SECTION 1: Definitions

SECTION 2: Introduction

2.1 Overview

2.2 ITB Timeline

SECTION 3: Key Information

3.1 Background

3.2 Statement of Purpose

3.3 ITB Outcome

SECTION 4: Statement of Work

4.1 Specifications

4.2 Warranty Requirements

4.3 Performance Measures and Financial Consequences

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

5.2 Vendor Questions

5.3 Vendor Ombudsman

5.4 Bid Submissions

5.5 Other Vendor Requirements

5.6 Public Bid Opening

5.7 Bid Evaluation

5.8 No Prior Participation or Conflict of Interest

5.9 Protest Procedures

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

6.2 Environmental Considerations

6.3 Intellectual Property

6.4 Insurance

6.5 PCard Payments

6.6 Special Conditions

Attachment I – Price Sheet

Attachment II – Vendor's Contact Information and Certification

Attachment III – Certification of Drug-Free Workplace Program

FDC ITB-26-034 Page 3 of 71

Attachment IV – Security Requirements for Contractors

Attachment V – Pass/Fail Requirement Certification and Non-Collusion Certification

Attachment VI – Service/Delivery Locations Attachment VII – Forced Labor Vendor Attestation (PUR 2024)

Attachment VIII – Foreign Country Of Concern Attestation (PUR 1355)

Attachment IX – Vendor Certification Form (PUR 7801)

FDC ITB-26-034 Page 4 of 71

SECTION 1: 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, under which Purchase Orders (PO) shall be issued.

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

1.3 Biosolids: Treated municipal sewage sludge that has undergone a process to significantly reduce pathogens per the Environmental Protection Agency and meet the EPA’s national safety standards.

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

1.5 Business Day and Hours: Monday through Friday from 8:30 a.m. to 4:00 p.m., Local Time, excluding State holidays or other official closures.

1.6 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 performance to ensure the procured products and services conform to the Contract’s requirements.

1.7 Contractor: A legally qualified corporation, partnership, or other business entity that submitted a Bid to the Department in response to this ITB and is awarded a Contract.

1.8 Day: A calendar day, unless otherwise noted.

1.9 Department or FDC: The Florida Department of Corrections.

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

1.11 Hour(s): Includes business hours and non-business hours.

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

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 or services bid, or on the cost to the Department.

1.14 Minor Irregularity: A deviation from the requirements and specifications herein, which, in the

Department's sole discretion, is in substantial accord with the requirements and specifications, does not provide a significant competitive advantage to a single Vendor over other Vendors, does not have a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department, and does not adversely impact the Department's interests.

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

1.16 Purchasing Order (PO): A Purchase Order is a legal form issued to the Contractor through MyFloridaMarketPlace/Ariba On Demand (MFMP/AOD), which is used by the Department to make purchases under the Contract.

1.17 Responsible Vendor: A Vendor who complies with the provisions of the solicitation, including specifications, contractual terms and conditions, and who can reasonably be expected to provide satisfactory performance on the proposed contract based on reputation, or references, or performance on previous Department contracts.

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

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

1.20 Subcontract: An agreement entered into by the Contractor with any other person or organization to perform any obligation or duty on behalf of the Contractor specifically related to securing or fulfilling the Contractor’s obligations to the Department under the terms of the Contract resulting from this ITB. Subcontracts do not relieve the Contractor of any obligation or duty under the resultant Contract and shall not serve as a replacement for the Contractor in the performance of that Contract.

1.21 Subcontractor: An individual, firm, or corporation that holds a contract with the Contractor or any other Subcontractor.

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

[Remainder of Page Left Blank Intentionally]

FDC ITB-26-034 Page 6 of 71

SECTION 2: Introduction

2.1 Overview

The Department has a need to purchase non-regulated trash collection services for various correctional institutions located in Regions 1 and 2. Currently, the Department receives non-regulated trash collection services through ATC-20-010 and ATC-20-011.

2.2 ITB Timeline

The Department established the following Timeline for this ITB. Each Vendor must adhere to this Timeline and any Timeline revision(s). The Department will advertise Timeline revisions as an addendum to the ITB in accordance with Section 3.2.1. All references to the “Timeline” herein refer to the Timeline in this Section. All times below are Eastern Time (E.T.)

Event Occurrence Location

ITB Advertised February 4, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com

Deadline for Vendors to Submit

Questions

February 24, 2026 By 5:00 pm

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Miranda Tatum Subject: FDC ITB-26-034

Non-Regulated Trash Collection Services Regions 1 and 2

Anticipated Date the Department will

Advertise its Answers to Vendors'

Questions

March 17, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com

Bid Deadline and Time of the Department’s

Public Bid Opening

April 14, 2026 At 3:00 pm

Florida Department of Corrections Attn: Miranda Tatum

FDC ITB-26-034

Non-Regulated Trash Collection Services

Regions 1 and 2 501 S. Calhoun Street Tallahassee, FL 32399

Anticipated Date the Department will

Advertise its Agency Decision

May 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com

FDC ITB-26-034 Page 7 of 71

SECTION 3: Key Information

3.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the Department has 24,000 full-time employees, houses approximately 89,000 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 ITB is to secure Responsive Bids from Responsible Vendors to provide non-regulated trash collection services listed in Attachment I - Price Sheet, to correctional institutions located in Regions 1 and 2 as identified in Attachment VI - Service/Delivery Locations. The Department is issuing this ITB to establish new ATCs.

3.2.1 ITB Modifications

Once the Department advertises this ITB on the Vendor Information Portal (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 solicitation.

3.2.2 Order of Precedence

All Bids are subject to the terms 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 any attachments or exhibits;

3. Form PUR 1000, referenced in Section 5.1 of this ITB; then

4. Form PUR 1001, referenced in Section 5.1 of this ITB.

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3.3 ITB Outcome

3.3.1 Contract Term and Renewal

As a result of this ITB, the Department will award the successful Vendor(s) up to a five (5) year Contract, which may be renewed for up to five (5) additional years, or portions thereof, in accordance with Section 287.057(14), Florida Statutes (F.S). at the same prices, terms, and conditions.

3.3.2 Purchases and Invoices

The Department may issue POs through MyFloridaMarketPlace Ariba on Demand (MFMP AOD) and 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), PO number, the dates of service (if applicable), items provided (if applicable), and all relevant supporting documentation.

3.3.3 Substitutions

Upon Contract execution, the Contractor must provide only the items awarded.

Substituted items delivered to the Department without prior approval by the Department are prohibited, will be returned at the Contractor’s expense, and may lead to termination of the Contract.

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

3.3.4 Addition/Deletion of items, Services, Service Locations, or Service Frequency

The Department reserves the right to add or delete containers, service locations, or service frequency after Contract execution when it is in the Department’s best interest and the general scope of this ITB. The Contractor’s pricing for added containers or services must be comparable to the prices established by this ITB. Any modification to add or delete containers, service frequency, or service locations will become effective only upon execution of a written amendment to the Contract.

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3.3.5 Subcontracts

With prior written consent from the Department, the Contractor may enter written Subcontracts to fulfill its Contract duties as indicated in this ITB. The Contractor must disclose anticipated Subcontracts at the time of Bid submission and must provide a copy of the proposed Subcontract to the Department with its Bid. No Subcontract into which the Contractor enters for the performance of its duties under the Contract shall in any way relieve the Contractor of responsibility or liability associated with the performance of its Contract duties. All subcontractors shall comply with the Contract requirements to the same extent as the successful Contractor, including requirements regarding background checks and other security measures.

The Department will only pay the Contractor for deliverables provided under the Contract. The Contractor shall make all payments to subcontractors within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. The Department shall not be liable to any subcontractor for any expenses incurred under a Subcontract. The Contractor assumes sole responsibility for all expenses and liabilities incurred under a Subcontract. If the Contractor fails to pay the subcontractor within seven (7) Business Days, the Contractor shall pay the penalty to the subcontractor in the amount of one-half (1/2) 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 15% of the outstanding balance due.

All Subcontracts 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.

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SECTION 4: Statement of Work

4.1 Specifications

The Vendor shall furnish the services specified in Attachment I - Price Sheet of this ITB. The services sought in this ITB will be considered deliverables in the Contract.

4.1.1 Estimated Quantities

The quantities provided in this ITB are estimates for Vendors to prepare their Bids and the Department to make an award. Quantities should not be construed as representing the actual quantities to be purchased by the Department. Weight estimates provided in Attachment I – Price Sheet are based on the Department’s research in an effort to provide a standardized rate for Bid purposes only.

4.1.2 Minimum Order

There will be no minimum order under the Contract.

4.1.3 Delivery and Service Hours

Services must be provided 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 on a PO. Delivery locations are included in Attachment VI - Service/Delivery Locations of this ITB.

4.1.4 Summary Reports

The Contractor shall provide the Contract Manager with a report of all Contract services at the end of each reporting period (January, April, July, and October). These quarterly reports must provide, at minimum, the 1) total number of orders placed during the reporting period, 2) total dollar value of orders placed during the reporting period, 3) total number of each item sold during the reporting period, and 4) total dollar value of all items sold during the Contract term to date.

The Department may, at its sole discretion, develop a format for the Contractor to use in reporting the information above. The Contractor shall utilize any format developed by the Department for this purpose. The Contractor’s failure to provide a quarterly report within 30 Days following the end of a quarter may result in the assessment of financial consequences or termination of the Contract.

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4.2 Warranty Requirements

The Contractor shall guarantee all items purchased against nonconformance and manufacturing and design defects. Upon notification of the defect by the Department, the Contractor will promptly cure any nonconforming or defective goods at no additional cost to the Department. The Contractor will bear all costs associated with curing the defect or nonconformance, including shipping/re-shipping and inspection costs.

4.3 Performance Measures and Financial Consequences

The Department desires to contract with a Vendor who demonstrates its willingness to be held accountable for the achievement of successful Contract performance. By submitting a Bid, the Vendor agrees to the Department’s assessment of financial consequences, which are not intended to be a penalty but to incentivize the Vendor’s performance under the Contract.

The performance measures below list the key expectations most critical to the success of the Contract and the financial consequence the Department will assess if an expectation is not met. If a Contractor is unable to achieve a performance measure expectation because of unforeseen circumstances outside of its control, the Contractor may submit a written request, in advance, to the Contract Manager to waive the assessment of the associated financial consequence. The Contract Manager will then review the request to determine whether mitigating circumstances existed beyond the Contractor’s control. For the Department to approve the request, the Contractor must not have contributed to the failed expectation in any manner. The Department does not waive its ability to assess financial consequences by allowing the delivery of an item(s) or completion of services after the time allowed. Nothing in this section shall limit the Department’s right to pursue other remedies available at law or in equity.

Financial consequences shall not exceed the total Contract or PO amount.

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Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-001

The Contractor shall provide services in accordance with the Contract and the Department’s

PO.

Ensure timely completion of services and delivery of containers.

Per Occurrence

If the Contractor fails to complete a service or deliver containers within the agreed-upon timeframe, the

Department shall assess financial consequences in the amount of $100.00 per Day for each

Day it is delayed.

PM-002

The Contractor shall provide the

Contract Manager with a report of all

Contract purchases at the end of each reporting period (January, April, July, and October).

Quarterly submission of reports within 30

Days following the end of the quarter.

Per Occurrence

If the Contractor fails to provide a quarterly report within 30 Days of the end of the quarter, the Department shall assess financial consequences in the amount of $100.00 for each Day the report is delayed.

FDC ITB-26-034 Page 13 of 71

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

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_resour ces/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 Questions

Interested Vendors may email questions relating to this ITB and requests to bid approved equivalents to the Procurement Officer listed below by the deadline in the ITB Timeline. Oral inquiries, or those submitted after the deadline, will not be acknowledged.

Procurement Officer:

Miranda Tatum Bureau of Procurement Office of Financial Management Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399 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.

In accordance with Section 287.057(25), F.S., “Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and State holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.”

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

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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 1-800-955-8771 (TTY/ASCII).

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any oral 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.

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 Bid Submissions

Before submitting a Bid, Vendors should check the VIP for any ITB modification(s) as outlined in Section 3.2.1. Vendors are solely responsible for monitoring the VIP website for addenda relative to this ITB. Neither the Department nor the State of Florida is liable for any costs incurred by a Vendor in response to this ITB.

A Vendor must prepare its Bid simply and economically, providing a straightforward, concise delineation of the Vendor's capability to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional materials are discouraged. Bids must be complete and clear. To expedite the Department’s review of Bids, Vendors must adhere to the following instructions:

A) Bids must 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.

B) Bids must be submitted in a sealed envelope/package with FDC ITB-26-034 Non- Regulated Trash Collection Services Regions 1 and 2, and the date/time of the Public Bid Opening clearly marked on the outside of the envelope/package.

C) It is the Vendor's responsibility to ensure its Bid is delivered to the proper place and time as stipulated in the Timeline.

D) Bids received after the Bid Deadline provided in the Timeline will not be accepted.

E) Vendors must submit one (1) original hard Bid copy and one (1) electronic Bid copy in searchable PDF format on a CD, DVD, or flash drive. The electronic copy must contain the entire Bid as submitted, including all supporting and signed documents. CDS, DVDS, and flash drives submitted should not be password-protected. If one (1) original hard copy Bid and one

(1) electronic Bid copy are not submitted as outlined in this section, the Bid will be deemed non-Responsive.

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F) If the Vendor considers any portion of its Bid to be confidential, trade secret, or otherwise exempt from disclosure under Chapter 119, F.S., the Florida Constitution, or another legal authority, the Vendor must also simultaneously provide the Department a redacted copy of its Bid in both hard copy and electronic forms and provide a brief written description of its grounds for claiming exemption from public record, including the specific statutory citation for such exemption. This redacted copy shall be titled “Redacted Copy.” The redacted copy must be provided to the Department at the same time the Vendor submits its Bid and must only exclude or redact those exact portions of the Bid claimed confidential, proprietary, or trade secret. The Vendor shall be responsible for defending its assertion that the redacted portions of its Bid are confidential, trade secret, or otherwise exempt from disclosure. Further, the Vendor shall protect, defend, and indemnify the Department for any claims arising from, or relating to, the Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise exempt from disclosure. If the Vendor fails to submit a redacted copy with its Bid, the Vendor explicitly authorizes the Department to produce its entire Bid contents in answer to a request for public 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 ITB.

5.4.1 Mandatory Documentation

Vendors must complete and submit the following mandatory documentation with their Bids:

A) Attachment I - Price Sheet;

B) Attachment II - Vendor’s Contact Information and Certification;

C) Attachment III - Certification of a Drug-Free Workplace Program form, if applicable;

D) Attachment IV - Security Requirements for Contractors;

E) Attachment V- Pass/Fail Requirement Certification and Non-Collusion Certification;

F) Attachment VII - Forced Labor Vendor Attestation (PUR 2024);

G) Attachment VIII - Foreign Country of Concern Attestation (PUR 1355);

H) Attachment IX - Vendor Certification Form (PUR 7801); and I) One (1) original hard Bid copy and one (1) electronic Bid copy in a searchable PDF format on a USB flash drive.

If the above-listed documents are not included in the Vendor’s Bid, the Bid will be deemed non-Responsive

5.4.2 Price Sheet

The Vendor shall complete and submit Attachment I - Price Sheet, to bid on this ITB.

Vendors should ensure they are using the most current version of the Price Sheet before submitting their Bids by checking the VIP for any ITB modifications as outlined in Section 3.2.1. Vendors are solely responsible for monitoring the VIP website for addenda relative to this solicitation. If the Department approved any equivalent items during the question-and-answer phase of this ITB, then the Department will modify Attachment I, Price Sheet, to reflect the approved equivalent items. By submitting a Bid in response to this ITB, a Vendor warrants its agreement to the prices submitted.

Vendors should submit Bids with the most favorable pricing the Vendor can offer the State. Any modifications, qualifications, counteroffers, deviations, or challenges will be

FDC ITB-26-034 Page 16 of 71 rejected and may render a Bid non-Responsive. The Department may reject any Vendor’s price sheet 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 of commodities or services.

If a Price Sheet 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 items or 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.

5.4.3 Contact Information

Vendors must provide the contact information and Contract terms for the ITB by completing and returning Attachment II, Vendor’s Contact Information and Certification. If Attachment II is not included in the Vendor’s Bid, the Bid will be deemed non-Responsive.

5.4.4 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.

5.4.5 Bid Withdrawal

After submission, a Vendor may withdraw its Bid by submitting a written request to the Procurement Officer. A Vendor’s request to withdraw its bid must originate from the email of their duly authorized representative or be signed by their duly authorized representative. The Department must receive such requests within 72 hours of the Public Bid Opening Date indicated in the Timeline.

If multiple Bids are received from the same Vendor, and the Vendor has not withdrawn one (1) of its Bids, then the Department will only evaluate the Vendor’s Bid received last. All other Bids shall remain valid for 180 Days from the Bid Deadline.

5.5 Other Vendor Requirements

5.5.1 State Licensing Requirement

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

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5.5.2 MyFloridaMarketPlace (MFMP) Registration and Transaction Fee

All Contractors doing business with the State as defined in Section 287.012, F.S., must register in the MFMP VIP system unless exempted under Rule 60A-1.030, Florida Administrative Code (F.A.C.). State agencies shall not agree to purchase commodities or contractual services with any Vendor not registered in MFMP unless exempted by rule. A Vendor not currently registered in MFMP shall do so within five (5) Days of the ITB award. Vendors may complete their MFMP registrations at http://vendor.myfloridamarketplace.com. Vendors needing assistance regarding their MFMP registration may contact the MFMP Customer Service Desk at 1-866-352-3776 or vendorhelp@myfloridamarketplace.com.

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), F.S. All payments issued by Agencies to registered Vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit. The Agency will have grounds for declaring the Vendor in default if the Vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the Vendor to being suspended from business with the State of Florida.

5.5.3 Substitute W-9

The Florida Department of Financial Services (DFS) requires all Vendors doing business with the State to submit a Substitute W-9 Form electronically. To submit forms, find frequently asked questions, and receive other assistance, Vendors can visit https://flvendor.myfloridacfo.com. For additional help, Vendors may contact DFS at

(850) 413-5519 or FLW9@myfloridacfo.com.

5.6 Public 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.

5.7 Bid Evaluation

5.7.1 Basis of Award

The Department intends to issue an award to the Responsible Vendor who submits a Responsive Bid with the lowest Grand Total Price per each institution, as evidenced in Attachment I - Price Sheet. A Vendor must bid on all items for its Bid to be considered Responsive.

http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

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In the event the Responsible Vendor with the lowest Grand Total Price per each institution is found non-Responsive, the Department may proceed to the next Responsive Bid from a Responsible Vendor with the next lowest Grand Total Price per each institution and continue the award process.

The Vendor is required to Bid on all items within a location for their Bid to be Responsive. However, the Vendor is not required to Bid on all locations for their Bid to be Responsive.

5.7.2 Identical Bids

If the Department receives identical pricing or scoring from multiple Vendors, the Department shall determine the order of award using the following criteria:

A) If two (2) equal Bids are received, and one (1) Bid 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 the 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.

B) Per Section 295.187(4), F.S., when considering two (2) or more Bids, at least one

(1) 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 or more businesses are 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.

C) 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 Vendor may certify it has implemented a drug-free workplace program by completing Attachment III - Certification of Drug- Free Workplace Program.

D) Per Section 287.082, F.S., whenever two (2) or more competitive sealed Bids are received, one (1) 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.

E) 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.

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5.7.3 Rejection of Bids

The Department reserves the right to accept or reject any Bids or separable portions thereof and waive any minor irregularity, technicality, or omission 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 and those otherwise considered non-Responsive. Material Deviations cannot be waived by the Department and shall result in a Bid being deemed non-Responsive.

5.7.4 Bid Disposal

All Bids submitted shall become the property of the Department and will be considered public records, subject to the provisions of Chapter 119, F.S.

5.8 No Prior Participation or 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. 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.

Per Section 287.057(19), F.S., the Department shall avoid, neutralize, or mitigate significant potential organizational conflicts of interest before 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.

5.9 Protest Procedures

Under Section 120.57(3), F.S., any person who is adversely affected by the agency decision or intended decision shall file a notice of protest or formal written protest with the Department's Agency Clerk. Filings may be made physically at 501 South Calhoun Street, Tallahassee, Florida 32399-2500, by email to CO-GCAgencyClerk@fdc.myflorida.com, or by fax to (850) 922-4355. Protests must be made in compliance with Rules 28-110.003, 28-110.004, and 28-mailto:CO-GCAgencyClerk@fdc.myflorida.com

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110.005, F.A.C. Filings received after the business hours of Monday – Friday from 8:00 a.m.

to 5:00 p.m. E.T. will be officially filed the next Business Day.

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

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SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

The State of Florida is committed to supporting its diverse business industry and population by ensuring participation by minority-owned, women-owned, and veteran-owned business enterprises in the State's economic life. The Department works in conjunction with the Florida Department of Management Services, Office of Supplier Development, to provide training on how to access its procurement opportunities.

The Office of Supplier Development offers resources to diverse business enterprises, including the Mentor Protégé Program, which connects eligible business enterprises with private corporations for business development mentoring. For more information, including contact information, on the Mentor Protégé Program, Vendors may visit the Office of Supplier Development website at:

https://www.dms.myflorida.com/business_operations/state_purchasing/office_of_supplier_ development_osd

6.2 Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of the Contractor’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of this waste. It is expressly understood and agreed that any products or materials which are the subject of, or are required to carry out, this Contract shall be procured in accordance with the provisions of Section 403.7065, F.S., relating to the procurement of materials with recycled content.

6.3 Intellectual Property

To the extent that the Contract requires a Contractor to produce original writing, sound recordings, pictorial reproductions, drawings, other graphic representation, 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 allow its agents to do the same. If the materials developed are subject to copyright, trademark, patent, or 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 Florida Department of State for the exclusive use and benefit of the State. Under Section 286.021, F.S., no person, firm, or corporation, including parties to the Contract, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Florida 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 or Contractor. All computer programs, documents, and other intellectual property produced as part of the Contract shall become the exclusive property of the Florida Department of State, except for data processing software developed by the Department under https://www.dms.myflorida.com/business_operations/state_purchasing/office_of_supplier_development_osd https://www.dms.myflorida.com/business_operations/state_purchasing/office_of_supplier_development_osd

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Section 119.084, F.S. The Vendor or Contractor and its employees and agents may not remove any such property without the express written consent of the Department.

The Vendor or Contractor, without exception, shall indemnify and hold 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 or Contractor. The Vendor or Contractor 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 Contractor 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 afford the Vendor or Contractor full opportunity to defend the action and control the defense of such claim. If such a claim is made or is pending, the Vendor or Contractor may, at its option and expense, procure for the Department the right to continue use, replacement, or modification of 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 or Contractor upon its request and receive reimbursement, fees, and costs, if any, as may be determined by a court of competent jurisdiction.) If the Vendor or Contractor uses any design, device, or material covered by letter, patent, or copyright, it is mutually agreed and understood, without exception, that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials.

6.4 Insurance

The Contractor agrees to provide adequate, comprehensive insurance coverage and hold such insurance during the existence of the Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under the Contract. At a minimum, such insurance shall include workers’ compensation (if the Vendor employs workers) and employer’s liability coverage, 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 course of Contract performance. The Department must be included as an additional named insured on the Contractor’s Commercial General Liability and Automobile insurance policies related to the Contract. The Vendor or Contractor may be required to furnish the Department with written verification of such insurance coverage upon request. 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 or Contractor is a State agency or subdivision as defined in Section 768.28, F.S., the Vendor or Contractor 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.

6.5 PCard Payments

Upon mutual agreement of both the Department and Vendor, the Vendor will accept and receive payments via PCard in the same manner it receives other Visa card purchases. To find out more about the State’s PCard program, Vendors may visit:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and _agreements/state_term_contracts/purchasing_card_services https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contracts/purchasing_card_services https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contracts/purchasing_card_services

6.6 Special Conditions

6.6.1 Records

Public Records Law

The Vendor or Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Vendor or Contractor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Vendor or Contractor or keep and maintain public records required by the Department to perform the service. If the Vendor or Contractor transfers all public records to the Department upon completion of the Contract, the Vendor or Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor or Contractor keeps and maintains public records upon completion of the Contract, the Vendor or Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to Section 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Vendor or Contractor in conjunction with the Contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and Section 119.071, F.S.

If the Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the Vendor’s duty to provide public records relating to this Contract, contact the custodian of public…