Petroleum Storage Tank Services_Final.pdf

Invitation to Bid (ITB)

Petroleum Storage Tank Services

FDC ITB-24-010

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

3.2.1 ITB Modifications

3.2.2 Order of Precedence

3.3 Minimum Qualifications

3.4 Prequalification with the Department

3.5 ITB Outcome

3.5.1 Contract Term and Renewal

3.5.2 Purchases and Invoices

3.5.3 Addition/Deletion of Items or Service Locations

3.5.4 Subcontracts

SECTION 4: Statement of Work

4.1 Specifications

4.1.1 12-Month Inspection Test

4.1.3 General Maintenance Responsibilities

4.1.4 Hourly Repair Rate for Repairs and Emergency Repairs

4.1.5 Cost of Repair Parts

4.1.6 General Contractor Requirements

4.1.7 Inventory of Equipment

4.1.8 Additions and Deletions of Equipment

4.1.9 Staffing Requirements

4.1.10 Institutional and Facility Security

4.1.11 Maintenance Records and Documentation

4.1.12 Reporting Requirements

4.1.13 Rules and Regulations

4.1.14 Department Responsibilities

4.1.15 Contractor Responsibilities

4.1.16 Deliverables

4.1.17 General Specifications for Replacement ASTs

4.1.18 Minimum Order

4.1.19 Delivery

4.1.20 Summary Reports

4.2 Warranty Requirements

4.3 Performance Measures and Financial Consequences

4.4 Contract Monitoring

4.7 Performance, Labor, and Materials Payment Bonds

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

5.2 Vendor Questions

5.3 Vendor Ombudsman

5.4 Bid Submissions

5.4.1 Mandatory Documentation

5.4.2 Price Sheet

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

5.4.4 Contact Information and Scrutinized Company Certification

5.4.5 Bid Contents

5.4.6 Bid Withdrawal

5.5 Other Vendor Requirements

5.5.1 State Licensing Requirement

5.5.2 MFMP Registration

5.5.3 Substitute W-9

5.6 Public Bid Opening

5.7 Bid Evaluation

5.7.1 Basis of Award

5.7.2 Identical Bids

5.7.3 Rejection of Bids

5.7.4 Bid Disposal

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

6.6.1 Retention of Records and Documentation

6.6.3 Foreign Countries of Concern

6.6.4 Foreign Gifts, Interest and Contracts

6.6.7 Antitrust Violator Vendor List

6.6.8 Forced Labor Vendor List

6.6.9 Suspended Vendor List

6.6.10 Cooperation with the Inspector General

6.6.11 Cooperation with the Florida Legislature

6.6.12 Severability

6.6.13 Employment of Department Personnel

6.6.14 Legal Requirements

6.6.15 Prison Rape Elimination Act (PREA)

6.6.16 Security Requirements

Attachment I – Price Sheet

Attachment II – Vendor's Contact Information and Certification

Attachment III – Certification of Drug-Free Workplace Program

Attachment IV – Bid Bond Form

Attachment V – Security Requirements for Contractors

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

Attachment VII – Service/Delivery Locations

Attachment VIII – Forced Labor Vendor Attestation (PUR 2024)

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

Attachment X – Vendor Certification Form (PUR 7801)

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 will be issued.

1.2 Annual Inspections and Reports: Inspections and Reports that occur once per year.

1.3 Bi-Annual Inspections and Reports: Inspections and Reports that occur twice per year.

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

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

1.6 Business Day: Days Monday through Friday, excluding State holidays or other official closures.

1.7 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.

1.8 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 the Contract.

1.9 Correctional Institution (Institution): 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.

1.10 Corrective Action Plan (CAP): A Vendor’s written comprehensive plan to remedy deficiencies discovered during Contract monitoring and/or at any time during the contract's term.

1.11 Day: A calendar day, unless otherwise noted.

1.12 Deliverables: Those services, items, and/or materials provided, prepared, and delivered to the Department in the course of Contract performance.

1.13 Department or FDC: The Florida Department of Corrections.

1.14 Material Deviation(s): A deviation from the requirements and specifications herein that, in the

Department’s sole discretion, is not in substantial accord with them, 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.

1.15 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 the cost to the Department, and does not adversely impact the Department's interests.

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

1.17 Purchase Order: A Purchase Order (PO) is the legal form issued to the Vendor through MFMP which is used by the Department to make purchases under the Contract.

1.18 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.

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

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

1.21 Subcontract: An agreement entered into by the Vendor with any other person or organization 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.

Subcontracts do not relieve the Vendor of any obligation or duty under the resultant Contract and shall not serve as a replacement for the Vendor in the performance of that Contract.

1.22 Vendor: A legally qualified corporation, partnership, or other business entity submitting a Bid to the

Department in response to this ITB.

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SECTION 2: Introduction

2.1 Overview

The Department has a need to procure petroleum fuel storage tank services for routine repairs, emergency repairs, maintenance services, replacement tanks, and annual inspections and testing for existing fuel storage tank systems for various correctional institutions located throughout the State.

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 December 10, 2024 Vendor Information Portal https://vendor.myfloridamarketplace.com

Non-Mandatory Informational

Meeting

January 8, 2025, at 9:00 a.m.

Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

Room 311C

Deadline for Vendors to

Submit Questions

January 29, 2025 By 5:00 pm

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Miranda Tatum Subject: FDC ITB-24-010

Petroleum Storage Tank Services Anticipated Date the Department will Advertise its

Answers to Vendors'

Questions

February 27, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com

Prequalification With the

Department Submission

Deadline

March 6, 2025

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Miranda Tatum Subject: FDC ITB-24-010

Petroleum Storage Tank Services

Bid Deadline and Time of the Department’s

Public Bid Opening

April 3, 2025 at 2:00 pm

Florida Department of Corrections Attn: Miranda Tatum

FDC ITB-24-010

Petroleum Storage Tank Services

501 S. Calhoun Street Tallahassee, FL 32399

Anticipated Date the Department will Advertise its Agency Decision

May 2025 Vendor Information Portal https://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: Key Information

3.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the Department has approximately 24,000 full-time employees, houses approximately 85,000 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 routine repairs, emergency repairs, maintenance services, replacement tanks, and annual inspections and testing (as required by The Florida Department of Environmental Protection (FDEP) of the Department’s existing fuel storage tank systems and associated components.

This ITB is for all tanks, associated equipment, and fuel delivery systems in each region listed in Attachment I - Price Sheet, at Correctional Institutions throughout the State as identified in Attachment VII - Service/Delivery Locations. The Department is issuing this ITB to establish a new Agency Term Contract (ATC). Services shall be provided on any additional equipment acquired by the Department (additions and deletions of equipment) during the term of the Agency Term Contract.

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.

3.3 Minimum Qualifications

All Vendors submitting Bids shall have an active Certified Petroleum Contractor license or Certified General Contractor license in the State of Florida. If the Contractor submitting a bid only has a Certified General Contractor license in the State of Florida, then the Contractor is required to subcontract with a Certified Petroleum Contractor for the related repairs, maintenance services, and Above Ground Storage Tank (AST) as defined in Section 489.113(3), Florida Statutes (F.S.).

A Certified Contractor may act as a prime Contractor where the majority of the work to be performed under the Contract is within the scope of his or her license and may enter into subcontracts with other licensed contractors for the remaining project work as allowed in Section 489.113(9)(a), F.S.

3.4 Prequalification with the Department

Each Vendor 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, 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 Vendor’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 Vendor 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, Vendors must submit the following documentation to the Procurement Officer listed in Section 5.2, Vendor Questions:

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

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

Vendors must submit the above documentation by January 16, 2025, the date identified in the Timeline. Vendors must receive a prequalification confirmation letter from the Department prior to the Bid opening date and include it with their Bid.

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3.5 ITB Outcome

3.5.1 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), F.S. Contract pricing will be fixed, as specified in the Vendor’s completed Attachment I - Price Sheet.

3.5.2 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 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.

3.5.3 Addition/Deletion of Items or Service Locations

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

3.5.4 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 Vendor 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 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 the Subcontract. The Contractor assumes sole responsibility for all expenses and liabilities incurred under a Subcontract. If the Contractor without reasonable cause, 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.

SECTION 4: Statement of Work

4.1 Specifications

The Vendor shall provide repairs, replacement tanks, reports, inspections, and testing of ASTs and all associated petroleum equipment as required by FDEP. This includes vehicle and off-road fueling, and generator tanks as specified in Attachment I - Price Sheet of this ITB. All services shall be provided in accordance with the requirements specified in the following sections of this ITB and must meet or exceed the service level described in these sections. If a repair is determined not to be in the best interest of the Department, the Department shall have the option to either perform the repair using Department staff or remove the tank and equipment from the Contract.

4.1.1 12-Month Inspection and Testing

The Contractor shall conduct 12-month inspections, and testing, which shall include all the requirements of annual inspections to satisfy FDEP, the Environmental Protection Agency (EPA), and local authorities, along with the following additional services:

4.1.1.1 Annual Operability Testing of ASTs

The Contractor shall:

a. Inspect the AST and associated equipment to comply with EPA’s Spill Prevention, Control, and Countermeasure

(SPCC);

b. Check tank foundations and supports;

c. Check tank shell, heads, and roof;

d. Check for correct and readable labeling of the tank;

e. Check tank manways, piping, and equipment;

f. Check tank equipment;

g. Check tank/piping release detection;

h. Check the level gauge;

i. Check secondary containment (where applicable);

j. Check other equipment associated with the tank; and

k. Provide a report to satisfy the annual FDEP Inspection requirement.

4.1.1.2 Annual Overfill Alarm Operation Inspection

a. Check the fuel level in the tank by stick reading;

b. Ensure no water is present in the tank by using a water-detecting paste;

c. Ensure overfill alarms activate in test mode at the console (where applicable);

d. Check level gauges and floats for correct operation;

e. Ensure the overfill alarm activates and batteries are up to date (where applicable);

f. Ensure level gauges are readable;

g. Compare stick reading and level gauge reading for accuracy;

h. Ensure the overfill alarm can be heard or seen while delivering product to the tank; and

i. Provide a report to satisfy the annual FDEP Inspection requirement.

4.1.1.3 Automatic Tank Gauge Operation Inspection (where applicable)

b. Ensure no water is present in the tank by using a water-detecting paste;

c. Check all floats for operability and free movement;

d. Check that the float levels agree with the value programmed into the console;

e. Ensure all alarms activate;

f. Compare stick reading and level gauge/console readings for accuracy; and

g. Provide a report to satisfy the annual FDEP Inspection requirement.

4.1.1.4 Liquid Sensor Functionality Testing

a. Check for liquid in the interstitial space (where applicable);

b. Ensure leak detection sensors/gauges are operational;

c. Ensure the leak gauge is readable; and

d. Provide a report to satisfy the annual FDEP inspection requirement

4.1.1.5 Mechanical and Electronic Line Leak Detectors Performance Tests (where applicable)

a. Conduct a performance test;

b. Conduct a simulated leak test;

c. Ensure the Submersible Turbine Pump (STP) shuts down during this test;

and

d. Provide a pass or fail report.

4.1.1.6 Shear Valve Operation Inspection (where applicable)

a. Inspect the shear valve for proper operation; and

b. Provide a pass or fail report.

4.1.1.7 Emergency Stop Switch Operation Inspection

a. Test the operation/functions of the emergency stop switches/buttons;

b. Ensure that E-Stop is correctly labeled and located where easily accessible;

c. Provide a pass or fail report.

4.1.1.8 Underground Product Piping/Secondary Containment Integrity Testing

(where Applicable)

The Contractor Shall:

a. Test the integrity of the interstitial space of double-walled piping; and

b. Provide a report to satisfy the annual FDEP Inspection requirement.

4.1.1.9 Containment Sump Integrity Testing/Hydrostatic Testing (where applicable)

a. Test the integrity of containment sumps; and

b. Provide reports to satisfy the annual FDEP inspection requirement.

4.1.1.10 Tank Secondary Containment Integrity Testing (where applicable)

a. Test the interstitial space of the ASTs with a vacuum test; and

b. Provide a pass-or-fail test.

4.1.2 Bi-annual Inspections and Maintenance

The Contractor shall conduct bi-annual inspections and provide reports every six (6) months, as well as preventive inspection services of all equipment at all locations indicated in Attachment I - Price Sheet. The recommendation for maintenance, repairs, and replacement shall be provided by the Contractor and must be approved by the Department Contract Manager prior to implementation. Testing and adjusting of the equipment must be performed on-site, for the duration of the Contract, including renewals. If, during a bi-annual inspection, it is determined that repairs need to be made, the Contractor shall submit a quote to the Institution’s Maintenance Superintendent(s).

If approved, a separate PO will be issued for the parts and labor necessary to complete the repairs.

The Contractor shall perform the following services on all equipment, tanks, and associated systems and components:

4.1.2.1 Bi-Annual Operability Testing of ASTs

a. Inspect the AST and associated equipment to comply with EPA’s Spill Prevention, Control, and Countermeasure

(SPCC);

b. Check tank foundations and supports;

c. Check tank shell, heads, and roof;

d. Check for correct and readable labeling of the tank;

e. Check tank manways, piping, and equipment;

f. Check tank equipment;

g. Check tank/piping release detection;

h. Check level gauge;

i. Check secondary containment (where applicable);

j. Check other equipment associated with the tank; and

k. Provide a pass or fail report.

4.1.2.2 Bi-Annual Overfill Alarm Operation Inspection

b. Ensure no water is present in the tank by using a water-detecting paste;

c. Ensure overfill alarms activate in test mode at the console (where applicable);

d. Check level gauges and floats for correct operation;

e. Ensure the overfill alarm activates and batteries are up to date (where applicable);

f. Ensure level gauges are readable;

g. Compare stick reading and level gauge reading for accuracy;

h. Ensure the overfill alarm can be heard or seen while delivering product to the tank; and

i. Provide a pass or fail report.

4.1.2.3 Fuel Delivery System

a. Inspect dispensing units, fuel lines, hoses, nozzles, break-away fittings, connections, etc., for leaks and wear and tear;

b. Check for water in fuel;

c. Inspect the fuel filter and change the filter as necessary;

d. Provide a quote for replacement parts to the Institution’s Maintenance

Superintendent when applicable;

e. Ensure compliance with manufacturer’s specifications and FDEP regulations; and

f. Provide a pass or fail report.

4.1.3 General Maintenance Responsibilities

The Contractor shall provide all test equipment, tools, materials, and parts necessary to perform the inspection and testing at no cost to the Department.

4.1.4 Hourly Repair Rate for Repairs and Emergency Repairs

The Contractor shall provide an hourly rate for repairs and emergency repairs of all tanks and associated equipment listed in Attachment I - Price Sheet. POs will be issued for repairs and replacement parts and sent directly to the Contractor. Hourly rates shall be inclusive of all fees and any other applicable charges.

4.1.4.1 Response Time for Emergency Repairs

The Contractor shall respond to emergency repair requests within 24 hours of the Department notifying the Contractor. In the event the Contractor fails to meet this requirement, the Department may find the Contractor in Breach of the Contract.

4.1.4.2 Response Time for Non-Emergency Repairs

The Contractor shall respond to non-emergency repair requests within 72 hours from the time the Department notifies the Contractor (excluding weekends and holidays). In the event the Contractor fails to meet this requirement, the Department may find the Contractor in Breach of the Contract as determined by the Department. The Contractor shall obtain any pre-approval necessary for technicians to enter the Institution to comply with the 72-hour required response time.

4.1.4.3 Pre-Approved Repairs

All repairs must be pre-approved by the Department through the issuance of a PO before the commencement of any work, with the exception of after-hours emergencies. Pre-approval for emergency repairs will be made verbally on-site by the Warden, Maintenance Superintendent, or designee, and will be followed up by a PO or PCard payment.

4.1.4.4 The Contractor shall make approved repairs at the awarded hourly rate plus parts in accordance with Attachment I- Price Sheet.

4.1.5 Cost of Repair Parts

Only parts approved by the original manufacturer for the specific equipment being serviced shall be used when replacement or repair parts are required. All replacement and repair parts must be new unless approved by the Department. All new and refurbished replacement or repair parts shall become the property of the Department.

The cost of replacement or repair parts shall be in accordance with the following:

4.1.5.1 Cost shall not exceed the current manufacturer’s published price list, regardless of the reason for the replacement.

4.1.5.2 The Contractor is required to furnish a list of the percentage savings in prices offered, as compared to the manufacturer’s published price list or using standard and customary prices paid by the purchaser, without the benefit of a Contract. The Contractor shall provide the manufacturer’s published price list upon request by the Department. If parts are obtained from a source other than the Contractor or its representatives, then the cost to the Department shall not exceed 15% of the invoiced price. Documentation shall be required and must include a detailed invoice from the supplier, with the unit price(s), description of the part(s), and the percentage below the manufacturer's suggested retail price charged for each part.

4.1.6 General Contractor Requirements

This outlines the Contractor's requirements for services to all fuel tanks, associated equipment, fuel delivery systems, and associated components (with the exception of generator day tanks) listed in this ITB.

4.1.6.1 Local Service Area Address Presence

The Vendor(s) shall include, with its Bid, the address from which services will be provided for each Service Location listed in Attachment VII.

4.1.6.2.1 Scheduling

All bi-annual and annual routine inspection and testing, maintenance, and repairs shall be conducted during normal working hours, Monday through Friday, 8:00 a.m. until 5:00 p.m., local time. To arrange for an appointment to perform service at a particular Institution, the Contractor must contact the Maintenance Superintendent at the Institution. A minimum of 48 hours’ notice is required. The names and telephone numbers of the applicable Maintenance Superintendent(s) will be provided to the Contractor.

The Contractor shall provide bi-annual and annual routine inspection and testing schedules to the Department’s Contract Manager within 30 Days after execution of the Contract.

4.1.7 Inventory of Equipment

4.1.7.1 The equipment listed in Attachment I - Price Sheet, is the Department’s current comprehensive inventory. The Contractor shall maintain an inventory list when performing scheduled inspections of the tanks. Should the inventoried equipment change through additions, deletions, re-location, or transfer, the Contractor shall modify its records to indicate such action and maintain an accurate equipment inventory. This inventory list shall be provided in writing to the Department’s Contract Manager.

Under no circumstances shall the Contractor remove any equipment marked with a Department property sticker. The Contractor shall request, specifically when replacing equipment, that the property sticker be removed by a Department staff member or employee approved by the Institution’s Field Office Manager and authorized to adjust equipment inventory records.

NOTE: All equipment specified in Attachment I - Price Sheet, is operational. Any additional or new equipment acquired by the Department shall be added to the Contractor’s equipment inventory list, as specified in Section 4.1.9, Additions and Deletion(s) of Equipment.

4.1.8 Additions and Deletions of Equipment

4.1.8.1 The Department retains the right to add or delete any equipment from service provided under the Contract upon notification by the Department to the Contractor.

4.1.8.2 The Department shall provide 30 Days written notice to the Contractor of any equipment deletion and amend the Contract.

4.1.8.3 The Contractor shall provide service to additional or new equipment.

4.1.9 Staffing Requirements

The Contractor shall ensure it maintains sufficient staffing to provide the services outlined in this ITB. All technicians performing services shall be trained in the petroleum industry, FDEP requirements, ASTs, associated fuel delivery systems, and related equipment. The Contractor shall have a verifiable, in-house training program for its personnel.

4.1.10 Institutional and Facility Security

4.1.10.1 The Contractor shall comply with Attachment V - Department Security Requirements, on institutional and facility security policies. Violations of these policies could result in termination of the Contract. The Contractor shall contact the Department within 10 Days of execution of any Contract resulting from this ITB to obtain a copy of any specific institutional or facility rules.

4.1.10.2 Any Contractor’s staff or representative entering any Departmental Institution where inmates are present or housed shall be subject to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check at the Department’s expense. These records checks will be coordinated by the Department Contract Manager and may re-occur at any time. The Department has full discretion to require the Contractor to disqualify, prevent, or remove any staff from any work under the Contract. The Department is under no obligation to inform the Contractor of the records check findings or the criteria for disqualification or removal. In order to carry out this records check, the Contractor shall provide to the respective Contract Manager, within 10 days of Contract execution, the following data for individuals, the Contractor’s or subcontractor’s staff or representative assigned to the Contract: full name, race, sex, date of birth, social security number, driver’s license number and state of issue.

4.1.10.3 The Contractor shall ensure the Contract Manager is provided with the required information for an NCIC/FCIC background check prior to hiring or assigning staff to provide services under any Contract. The Contractor shall not offer employment to any individual or assign staff or representative to the Contract who has not had an NCIC/FCIC background check conducted.

4.1.10.4 The Contractor shall not hire any person who has been barred from any

Department Institution or other Department facility to provide services under the Contract.

4.1.10.5 The Contractor shall not employ any individual to provide services at any

Institution or facility who is under the supervision or jurisdiction of any parole, probation, or correctional authority. Persons under such supervision may work for other elements of the Contractor’s company that are independent of the services provided under the Contract.

4.1.10.6 The Contractor shall disclose any business or personal relationship a

Contractor staff person, officer, agent, or potential hire may have with anyone presently incarcerated or under the Department's supervision.

4.1.10.7 The Contractor shall immediately report any new arrest, criminal charges, or convictions of a current employee assigned to this Contract to the Department’s Contract Manager. In addition, the Contractor shall immediately report any new arrest, criminal charges, or convictions of an employee or other representative, whether assigned to this Contract or not, to the Department’s Contract Manager.

4.1.11 Maintenance Records and Documentation

The Contractor shall maintain records of all service calls, preventative maintenance, and repairs performed and provide a report for all equipment inspected and tested.

4.1.12 Reporting Requirements

As stated in Section 4.3, Performance Measures and Financial Consequences, the Contractor must provide the Maintenance Superintendent at the Institution being serviced with a daily progress report made during the previous 24-hour period. The Contractor shall provide a quarterly report listing all services and products provided by the Contractor. The quarterly report will be available to the Contract Manager at the end of each quarter (March, June, September, and December).

4.1.12.1 Bi-annual Reports

The reports shall be supplied to the Department’s Contract Manager, with a copy to the Maintenance Superintendent of each respective Institution, no later than 10 Days after each bi-annual inspection. Contents and format of the report shall be subject to change upon written notice from the Department’s Contract Manager.

4.1.12.2 Annual Reports

The reports shall be supplied to the Department’s Contract Manager and a copy to the Maintenance Superintendent of each respective Institution no later than 10 Days following the end of every fiscal year. Contents and format of the report shall be subject to change upon written notice from the Department’s Contract Manager.

4.1.13 Rules and Regulations

4.1.13.1 The Contractor shall ensure that all its staff providing services under the Contract comply with prevailing ethical and professional standards and statutes, rules, procedures, and regulations, as applicable.

4.1.13.2 The Contractor shall pay for all costs associated with local, State, and federal licenses, permits, and inspection fees required to provide services. All required permits and licenses shall be current and maintained on-site, and a copy shall be submitted to the Department’s Contract Manager upon request.

4.1.14 Department Responsibilities

a. The Department will assist the Contractor in becoming familiar with the Institution being serviced, as needed;

b. The Department will ensure all invoices submitted are reviewed and paid in a timely manner;

c. The Department will provide the Contractor access to all applicable Department rules and regulations; and

d. The Department will inform the Contractor of any regulatory or operational changes impacting the delivery of services pursuant to this Contract.

4.1.15 Contractor Responsibilities

a) The Contractor and the Department shall work cooperatively to ensure service delivery is in complete compliance with all laws, mandates, and requirements;

b) The Contractor shall ensure all installments and repairs are completed according to the

Statement of Work included in this ITB;

c) The Contractor shall ensure all technicians providing services as outlined in this ITB have current, active, and updated local, State, and federal licensing, permits, and certifications from the equipment manufacturer for installation. All required licensing and certifications shall be submitted to the Department’s Contract Manager before any installation or repair begins;

d) The Contractor’s staff shall follow specific check-in procedures for each Service Location. During workdays, the Contractor’s staff shall check in with the Service Location’s control room and Maintenance Superintendent upon arrival and departure;

e) All routine services shall be reported, in writing, to the Institution's Maintenance Superintendent and the Department’s Contract Manager;

f) The Contractor shall be responsible for all transportation of their staff and equipment;

g) The Contractor shall be responsible for submitting invoices as per this ITB.

4.1.16 Deliverables

The services or service tasks identified in Section 4.1 are Deliverables for the purposes of the Contract in accordance with Section 4 and Attachment I – Price Sheet.

4.1.17 General Specifications for Replacement ASTs

The new ASTs will be fireguard, double-wall, cylindrical/horizontal, dual-compartment or single-compartment steel tanks, and galvanized. A 36-inch offset catwalk shall be used to access all tank-top equipment, and two (2) galvanized ladders shall be provided for the catwalk access.

The ASTs shall be outfitted with all the necessary manways, gauges, piping, vents, remote fill boxes, overfill protection, signage, and labeling as per Florida code and regulations.

The AST must be set on neoprene pads and be anchored into the concrete mat.

The dispensing unit shall be a single product with one (1) outlet, Gasboy-9153KXF series (pedestals attached to AST) with hose retractors and a minimum 15-foot fuel hose, whips, and break-away, plus nozzles.

The submersible turbine pumps (STPs) shall be three-fourths (¾) HP variable lengths.

The Contractor Shall:

a) Submit to FDEP 30-Day notification for new installation, decommissioning of existing and updated FDEP registration, and ensure coordination of any or all needed FDEP inspections;

b) Coordinate inspection with the local State Fire Marshal (SFM) representative;

c) Start up and certify the equipment, provide four (4) hours of training for equipment operation and inspection procedures, and provide a one (1) year warranty on workmanship;

d) Provide manuals, cut sheets, and warranty documents for all equipment and materials.

Workmanship and materials shall be in accordance with best standard practice for work of this type and shall conform to the latest FDEP, SFM, County, State, and Federal Codes, Regulations, and Standards.

The Department will add any approved equivalent items to Attachment I – Price Sheet when it advertises its response to written questions on the VIP in accordance with the Timeline.

4.1.18 Minimum Order

There will be no minimum order under the Contract.

4.1.19 Delivery

The Vendor shall ship items to the Department as a Free on-board Destination and ensure items arrive within 30 Days of PO issuance unless a different time is agreed to by the Department as documented on a PO. Deliveries must be made 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 VII - Service/Delivery Locations of this ITB.

4.1.20 Summary Reports

The Vendor shall provide the Contract Manager with a report of all Contract purchases at the end of each reporting period (January and July). These semi-annual 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 Vendor to use in reporting the information above. The Vendor shall utilize any format developed by the Department for this purpose. The Vendor’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.

4.2 Warranty Requirements

The Vendor shall guarantee all items purchased against nonconformance and manufacturing and design defects. Upon notification of the defect by the Department, the Vendor will promptly cure any nonconforming or defective goods at no additional cost to the Department. The Vendor 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 Vendor(s) shall comply with all Contract terms and conditions upon Contract execution, and the Department may monitor this compliance upon implementation of services to ensure the Contract requirements are being met. Hourly rates shall include mileage, trip fees, service fees, or any other applicable charges. The Vendor(s) will be responsible for ensuring that all subcontractors who provide services adhere to all terms and conditions of the Contract as a result of this ITB.

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 Vendor is unable to achieve a performance measure expectation because of unforeseen circumstances outside of its control, the Vendor 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 Vendor’s control. For the Department to approve the request, the Vendor 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.

The Department’s Contract Manager, or designee, will provide written notice to the Vendor(s) of all financial consequences assessed, accompanied by detailed sufficient justification of assessment. Within 10 Days of receipt of written notice of demand for consequences due, the Vendor(s) shall forward payments to the Contract Manager, and payment shall be for the appropriate amount, made payable to the Department, and be in the form of a cashier’s check or money order. As an alternative, the Vendor(s) may issue a credit for the amount of the financial consequences due on the next monthly invoice following the imposition of consequences. Documentation of the number of consequences imposed shall be included with the invoice.

Performance Measures (PM)

No. Requirement Measure Standard Financial Consequence

PM-001

The Contractor shall perform annual and bi-annual inspections as outlined in Sections 4.1.1 and 4.1.2.

All inspections will be completed based on a schedule that is provided annually (every July 31st of each Contract year).

98% of all inspections will be performed within 30

Days of the scheduled inspection date.

The Department will access financial consequences of $50.00 on the 6th Day (if the Contactor falls below 98% after the delayed scheduled inspection for service, and an additional fee of $5.00 will be imposed for each Day thereafter).

PM-002

The Vendor shall provide reports detailing the activity of all expenditures for maintenance, repairs, and replacement tanks.

A detailed expenditures report will be provided every six

(6) months by December 31st and

June 30th.

The reports shall be accurate, with minimal errors and corrections, and submitted with invoices on time on December

31st and June 30th.

The Department will assess financial consequences in the amount of $50.00 on the 6th Day after the report is delayed for any reason.

4.4 Contract Monitoring

The Department’s Contract Manager, or designee, will perform monitoring during the term of the Contract, which should be twice a year, to ensure Contract compliance. Monitoring shall include periodic review of compliance with Contract service delivery and review of all Contract requirements. The Department reserves the right for any of its staff to make scheduled or unscheduled, announced, or unannounced monitoring visits at any site where services are delivered.

When instances of non-compliance are identified in the monitoring report, the Vendor shall submit a written plan to improve performance to the Contract Manager or designee within the timeframe specified by the Department. If necessary, the contract manager or designee shall schedule a follow-up monitoring visit to ensure compliance and performance improvement. Failure by the Vendor to correct the items identified as being deficient, including staffing patterns, shall be considered a breach of the Contract and may lead to Contract termination.

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

a) Site Visits, announced or unannounced;

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

c) Interviews and/or surveys with the Vendor and/or Department staff and offenders;

d) Review of the Vendor’s service delivery; and

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

4.5 Non-Mandatory Informational Meeting

The Department will conduct a Non-Mandatory Informational Meeting on the date, time, and location specified in the Timeline. Attendance at the Non-Mandatory Meeting is not mandatory but highly encouraged.

The purpose of the meeting is to discuss the contents of this ITB and accept verbal questions from potential Vendors. The Department will make a reasonable effort to provide answers during this event. Impromptu questions will be permitted, and spontaneous answers will be provided;

however, parties should clearly understand the Department will issue a written response ONLY to those verbal questions subsequently submitted in writing in accordance with Section 5.2, Vendor questions. The Department’s written answers will be provided to all prospective Vendors via posting on the VIP as an addendum to the ITB and shall be considered the Department’s official answers. Verbal answers and discussions shall not be binding upon the Department.

4.6 Bid Guarantee

On projects where the base Bid and the sum of all additive alternates exceeds $2,500,000.00, 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 Vendor will not withdraw its Bid for a period of 60 Days after the scheduled closing time for the receipt of Bids; that if its Bid is accepted, they will enter into a written Contract (or PO) with the Department in accordance with the form of the 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 the said period, or failure to enter into said PO and give said bonds within two (2) Days after the Agency Decision has been advertised on VIP, the Vendor 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 Vendor in any particular hereof. The Bid Bond or check shall be returned to all except the apparent lowest two (2) qualified Vendors 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 Vendor will be returned upon its request, provided the Vendor has not been notified of the acceptance of its Bid prior to the date of such request.