INVITATION FOR BID

IFB-604500-23/GCM

PURCHASE OF EMS SUPPLIES AND RELATED

COMPONENTS

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: February 7, 2023

DEADLINE FOR QUESTIONS: undefined

RESPONSE DEADLINE: March 15, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/seminolefl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Seminole County

IFB #IFB-604500-23/GCM

Purchase of EMS Supplies and Related Components

TABLE OF CONTENTS

I. Introduction II. Scope of Services

III. Instructions to Bidders IV. Instructions for the Preparation of Bids V. Pricing Proposal VI. Evaluation Phases

Attachments:

B - Draft Agreement

Title: Purchase of EMS Supplies and Related Components

1. INTRODUCTION

The Bidder is expected to completely analyze the information contained in this Invitation for Bid

(IFB) as guidance for the preparation of their written submittal. The Bidder’s written bid should be specific, detailed, and complete to demonstrate the Bidder’s understanding of the requested work clearly and fully and/or delivery requirements.

1.1. Summary

Vendor to provide EMS Medical Supplies and Equipment at a percentage off catalog/list pricing.

The County’s EMS Supplies Vendor must have the capability to complete orders, receive supplies and inventory, via UCAP devices integrated thru Operative IQ and IQ Tech.

1.2. Contact Information

Gladys Marrozos Lead Sr. Procurement Analyst 1301 East 1st Street Sanford, FL 32771 Email: gmarrozos@seminolecountyfl.gov Phone: (407) 665-7110

Department:

Resource Management - Purchasing & Contracts

1.3. Timeline

Release Project Date February 7, 2023

Proposal Submission Deadline March 15, 2023, 2:00pm mailto:gmarrozos@seminolecountyfl.gov tel:(407)665-7110

2. SCOPE OF SERVICES

2.1. PROJECT SCOPE

Vendor to provide EMS Medical Supplies and Equipment at a percentage off catalog/list pricing.

The County’s EMS Supplies Vendor must have the capability to complete orders, receive supplies and inventory, via UCAP devices integrated thru Operative IQ and IQ Tech.

The qualified respondent shall be licensed to supply medications in the state of Florida, in accordance with Florida Statute 499.01 which states, “Any such person must comply with the licensing or permitting requirements of the jurisdiction in which the establishment is located and the federal act, and any product wholesaled into this state must comply with this part. If a person intends to import prescription drugs from a foreign country into this state, the nonresident prescription drug manufacturer must provide to the department a list identifying each prescription drug it intends to import and document approval by the United States Food and Drug Administration for such importation”.

The Vendor must notify the EMS Fire Office of any published cost price changes prior to the order being placed. Including a copy of the updated published cost price list.

Include any categories and or manufactures excluded from this discount.

Provide any other additional discounts or offers provided.

Prices shall include all costs, including but not limited to General Administrative, overhead, fringe and benefits, transportation, and profit.

All merchandise shall have a minimum expiration date of twelve (12) months from the date of shipment and the date must be displayed on the packages.

Shipping labels shall be attached to each carton and shall contain the following information:

delivery order number, quantity contained in each package and the total number of items being delivered.

The County does not guarantee a minimum total purchase.

The inventory system must include licenses to track inventory and assets at all Seminole

County fire stations. The web-based inventory management system will also track preventative maintenance data for all assets. The inventory solution shall be included at no additional cost to the County and should be hosted by the vendor and accessible by the County through the internet. The system should be web based, manage inventory and assets, manage preventative maintenance data, manage multiple facility locations for ordering, manage inventory at the truck level as well as the supply room level, provide multi-level reporting, password protected, barcode process enabled, provide multi-level authorization of orders, and have an auto-replenishment feature that can be turned on or off. The system must be in a hosted environment by the vendor. No onsite computer servers or IT support will be provided. Data Back-Ups shall be provided by the vendor however, in the event that the awarded respondent should lose the contract in the future, the County reserves the right to retain any and all data placed into the system prior to and up to contract termination.

The UCAP devices shall check multiple forms of ID and will prompt for station or dispatch specific data. All withdrawals are cataloged, time stamped and regulated by tech clearance/training level. The UCAP aggregates all dispensing history and alerts for low stock position, expiring product and creates a pick list for restocking. It will generate individual call reports based on products restocked. This information can be printed or exported to the County

Accounts Payable/Receivable Software.

2.2. TECHNICAL SPECIFICATIONS

1) Web enabled ordering from any PC, Laptop, iPad or PDA using wireless or cabled internet access. Ordering from any vendor to replenish a supply room is available on any computer or device with internet connectivity. An electronic “check sheet” may also be used to allow a “Unit” or internal point of usage to request items for restock from a supply room. The

Check Sheet Application can be run on any device (Windows, Android, or IOS operating

Systems). It is recommended that the device screen size is no smaller than a tablet for best performance.

2) Ability to load multiple facility locations for ordering and reporting. System allows for unlimited supply rooms or physical locations that are replenished by receiving an order or from receiving inventory transferred from another supply room. Supplies are managed through the supply rooms and out to the points of usage (“Units”). Another Option to easily manage inventory in outlying facilities is to create an electronic check sheet where a facility (known as a

“Unit”) can periodically inventory what is on-hand and request replenishment for items that are below Par Level from the warehouse. Reporting is available on all transactions.

3) Password protection for multiple users for different locations. System is secure with customizable roles and access that can be dynamically assigned to unlimited employees. The agency can define and assign security roles to permit or restrict access to components of the system and Supply Rooms. Each crew member will have unique log in credentials to gain access to the allowed components using their logon ID and password. System does not display passwords when being entered for security purposes; Agency administration can reset a password or Forgotten Password emails may be sent from the system If crew emails are available. Active Directory is also available, and the same login and password can be used to access Operative IQ as done to login to Windows.

4) Ability to manage inventory levels at multiple locations. An Agency may set up unlimited

Supply Rooms for the account regardless of how many Unit licenses are enabled. Each Supply

Room allows for each product to have its own Re-Order and Par Level. Each Supply Room profile has a section for name, address, contact/manager, and whether supply requests send to the room should be to be managed by a supervisor in the Back Office or set to Auto Accept to track requested inventory leaving a supply room if crew members restock Unit themselves.

Additional Units can be added as needed as well.

5) Ability to add more locations as needed. An Agency may set up unlimited Supply Rooms for the account. Import, Export and Cloning available to help with mass amounts of data. In addition, a specific location in a Supply Room is available to assign to items for exact location within a location. Additional Units may be added as well (License fees are based on the number of Units)

6) Ability to generate orders for all locations. Any Supply Room may generate an order

(requisition or PO) to any vendor via PDF (that may be printed and faxed) or via email. Because the system is tracking live inventory, the system can also recommend the items that should be ordered to bring each supply room up to its fully restocked Par Levels. Orders can then be received against the PO in the system and the ability to then receive the orders electronically into each supply room closes the PO and updates live inventory counts in the room. A “Unit” or point of supply usage may also generate and “order” or request for restock from a supply room using an electronic check sheet.

7) Barcode process enabled (in relation to inventory receiving, shipping and usage).

Products can be identified in solution in many ways, including by barcode. Existing Barcodes can be loaded into an agency’s site or barcodes for specific items can be generated in and printed easily from the system. Although inventory management transactions (such as receiving into a supply room, cycle counting to update batches or quantity on hand, and issuing inventory to capture usage) can be performed by clicking on items or searching items by keyword, barcode scanning can increase efficiency and minimize errors in some cases. Barcodes allow

Agency to quickly receive inventory, count inventory, issue inventory, transfer inventory and check in and out assets. Scanning item barcodes reduce the opportunity for error over keying in codes.

8) Barcode to provide inventory trail and ability to track items purchased, received and used to ensure accuracy. In inventory solution, a barcode is simply a unique identifier for an item/asset, or a group of disposable items being managed. Although the barcode itself does not provide an inventory trail, using barcodes to performing inventory transactions can accuracy and efficiency and a complete transaction history of any and all items in the system is available in reports. Print Barcode Labels for any item from parts list. System has the capability to assign and print off barcode labels and barcode scanning greatly enhances efficiency when managing inventory and assets.

9) E-mail alert notifications to vendors and the System Manager. Email Purchase Orders directly to suppliers from inventory solution and receive order confirmation from vendor. There is an option to add Approvers based off monetary levels where they would receive an email to approve a purchase order after the Save Draft button has been selected. When a Purchase

Order is created and ready for Approval, a notification will be sent via e-mail to the appropriate

Approver at Agency. Manage recipients for notifications based on Supply Room/Location.

Notifications are sent for Supply Requests and when a response to a question on the questionnaire is flagged to notify a supervisor. When a Supply Request is submitted from the electronic Check Sheet after a User performs an inspection or checks all inventory, a notification will be sent to appropriate Administrators. When a Supply Request is fulfilled the Check Sheet will notify the approval. Configurable questionnaires allow Users to perform Unit and Station

Inspections. Notifications can be routed via email to anyone in Organization.

A report can be configured to generate and send e-mails to anyone in Organization at a preferred frequency to include items that are not available through other notification methods and sent via e-mail notification on a regular basis.

10) Multi-level authorization of orders (draft, pending, and authorized). All purchase orders are given a Status depending on each one’s stage: in a Draft or Open status, known as In

Process. Purchase Order summary list can be filtered by Supply Room, Supplier and Status. As new statuses occur to orders, they will be displayed in the Status drop down filter. There is an option to add Approvers based off monetary levels where they would receive an email to approve a purchase order after the Save Draft button has been selected.

11) Multi-level online reporting to include daily, monthly, quarterly, and yearly usage for all locations. The first-class reporting system provides both canned and custom reports. These reports can be run on a schedule and emailed directly to anyone in the organization. This great feature can also provide non system Users with timely management reports without having to login to the software.

A library of Standard Reports are provided with the software to assist in getting to know and understand the supply inventory and fixed assets. Each of these reports can be further customized to meet the needs of the operation. Additional reports are easily created in the report manager. Key features of the custom reporting include usage over a period of time for each location, cost histories of each location and inventory histories for each location.

Example Reports Available: tCodes, Purchase Order Details, Supply Room Usage Details, Supply Room Analysis, Supply Room Historical Inventory, Inspection Details, and Unit Supply

Usage Details.

12) Auto-replenishment feature utilized by all locations and automatically sent to the

System Manager. Each Supply Room can be set up to choose how inventory for that location is to be managed. Auto-accept allows the system automatically update inventory quantities based on supply requests allowing crew members to pick up their own supplies. The electronic Check

Sheet will show the accepted items. A Supply Request will always be sent to the System

Manager if their e-mail(s) is in the settings for the Supply Room replenishing the stock.

13) Requisitioning module for the System Manager to make purchases. Agency can purchase any item from any vendor through system and orders can be created for stocked as well as non-stocked items. System automates purchasing by generating electronic requisitions or Purchase Orders for Supply Rooms based on supply reorder points and actual stock quantities.

14) Inventory Management System barcode scanners. The system is compatible with most simple scanners that connect to your computers via USB connection. The system can utilize

Datalogic barcode scanners, a global leader in barcode scanning technology. The vendor can provide the Datalogic Gryphon GBT 4100, that is easy to connect via Bluetooth (wireless) and very reliable.

15) Web based equipment and Asset Tracking System. The web-based equipment and

Asset Tracking System program shall collect data at point of issue (Check Out) for any equipment or supplies (including narcotics) at the beginning of each shift. This information would include the employee to which the product is to be assigned, date and time of issuance and the Truck they are assigned. At shift's end, the items would be subject to ‘Check In’ or returned to the supply area until needed again. To facilitate this tracking, one utilizes barcodes and barcode scanners to enter the issuance and item return. In addition, the program will also track any permanently assigned items for each employee or vehicle.

When an asset is tagged and ready for deployment, managers/supervisors and crew members will have option to ‘Check Out’ assigned equipment through the web-based Back Office or integrated crew member check sheet based on management preferences. Crew member accountability is greatly increased when Agency knows who is responsible for specific equipment. When crew members are done, they simply ‘Check In’ the assets to return them to the station or turn into to manager on duty to ‘Check In’ through the web-based Back Office. The system’s ‘Check Out’/ ‘Check In’ process ensures expensive and essential equipment is available when Agency needs it.

16) Process. The program must be web-based which allows flexibility for tracking each item and allows reviewing by management from any web enabled computer.

The system allows for flexibility of tracking assets by allowing managers to allow crew members or management to ‘Check Out’ and ‘Check In’ assets based on management preference.

Managers may control the process and supervise which assets crew members are allowed to take in their possession by disabling crews from being able to ‘Check Out’, ‘Check In’ or

‘Transfer’ and ‘Check Out’ and ‘Check In’ assets to and from other crew members through the web-based Back Office. At any time management may log into the web-based Back Office to see which assets are in which crew members’ possession, asset’s Tag#/Serial#, assign Due

Back dates, check the Checked Out Date, check if there is a signature for the ‘Check Out’ and check the asset’s last reported Verification Status. Barcode scanners can be used to capture the crew member’s badge ID number.

If given permission through system settings, crew members may ‘Check Out’, ‘Check In’ or

‘Transfer’ assets on their own as they begin a shift and before leaving shift through the electronic Check Sheet. Barcode scanners can be used to capture each asset’s tag number.

When assets are checked out through the web-based Back Office, either the crew member or

Unit taking possession of the asset is chosen. Asset may be checked out to crew member by scanning their badge ID (or select from a list if crew member not present) and select which

Supply Room the asset is being checked out from. When asset is checked out, it is removed from the supply room or location until it is checked in.

When an asset is checked out to a Unit, same process applies except the crew member ID is not entered for the transaction. Crew members can verify that asset later when performing a

Unit inspection and confirms whether the asset is on that Unit or not on the electronic check sheet. A report can give managers information on which crew members performed the checks on which Units, and there is an Asset Verification history log that is available in the web-based

Back Office at all times.

If a Unit or crew member has any previously checked out items that have not been returned, those items will be listed once the crew member or Unit ID is chosen to proceed to choosing the items to ‘Check Out’.

Asset Tag Number and Serial will always be attached to equipment being checked out. If the asset is physically available, the tag# can be scanned into system to select, or if not (for example, a stretcher out in the garage) an asset may be chosen from the selection list.

Same process as for ‘Check Out’, except click ‘Check In’ for the items in possession that need to be returned. Once in the ‘Check Out’ or ‘Check In’ assets portal, choose the crew member by scanning badge ID or choose Unit. All items that are being returned must be check marked, and then manager can click ‘Check In’. Items checked in will be taken off the list.

Alternative to Back Office- through Check Sheet (crew member Users who work on Units):

Asset ‘Check Out’/’Check In’/’Transfer’: Crew member opens the Assets tab and clicks Add

Asset, scans the Asset Tag # and receives the confirmation message. To ‘Check In’, click

Remove Asset, and choose the asset to return by clicking ‘Check In’, and system will confirm the return.

3. INSTRUCTIONS TO BIDDERS

3.1. Contact

All prospective Bidders are hereby instructed not to contact any member of the Seminole

County Board of County Commissioners, the County Manager or Deputy Manager, or any

Seminole County Staff members other than the noted Purchasing & Contracts Division (herein referred to as ‘PCD’) Contact Person, PCD ADMIN, regarding this IFB or their written bid at any time prior to the posting on the COUNTY’S Website of the recommendation and intent to award by County staff for this project. Any such contact shall be cause for rejection of your bid.

Interpretation of this clause will be solely at the discretion of the COUNTY.

3.2. Pre-Proposal Conference

There will not be a Pre-Proposal Conference for this IFB.

3.3. Public Opening

Electronic bids shall be received by PCD online in accordance with the instructions in this solicitation documents, unless otherwise revised via posted Addenda. Persons with disabilities needing assistance to participate in the Public Opening should call the noted PCD Contact

Person at least forty-eight (48) hours in advance of the Public Opening at (407) 665-7116.The

Public Opening via ZOOM https://zoom.us/ Meeting ID 865 8422 2565 Passcode 520343.

3.4. Delays

The COUNTY, at its sole discretion, may delay the scheduled due date and time for submission, if it is to the advantage of the COUNTY to do so. The COUNTY will post all changes in the scheduled due date and time for submission by written addendum posted to the COUNTY’s

Website: (https://secure.procurenow.com/portal/seminolefl)

3.5. Bid Submission and Withdrawal

The COUNTY will accept bids electronically via the COUNTY’s e-Procurement Portal until 2:00 pm on Wednesday, March 15, 2023. Bids received after the scheduled due date and time for submission shall not be considered. Bids submitted in any other format other than via the

COUNTY’S e-Procurement Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed. Companies shall register on the COUNTY’S e-Procurement Portal. Once registered, Companies may view and click "Follow" to be a prospective Bidder for this solicitation and will appear on the Follower’s list. Bidders that fail to Follow this project will not receive automatic addenda notifications, nor will they be able to draft a response in the COUNTY’S e-Procurement Portal, and therefore will be unable to participate or be considered for this IFB. If a Bidder encounters technical difficulties using the

COUNTY’S e-Procurement Portal, or needs assistance using the Portal, Bidders may access the Help Center for vendor training guides provided by OpenGov-Procurement, the Software

Administrator. Proposers may also contact the Software Administrator using the real-time chat function on the COUNTY’S e-Procurement Portal (located in lower right-hand corner of the screen), or via email at support@procurenow.com for support.

http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training

The COUNTY will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the COUNTY, nor the Software Administrator, will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Bidder is using to submit a response. Failure of the Bidder to successfully submit an electronic proposal before the deadline indicated herein shall be at the Bidder's sole risk, and no relief will be given for late and/or improperly submitted bids. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Bidder will also receive an email confirmation from the COUNTY’s e-Procurement Portal. Telephone confirmation of timely receipt of any submittal should be made by calling (407) 665-7116, before the 2:00 pm deadline.

The Bidder is required to submit ONE (1) ELECTRONIC FORMATTED file of their complete written bid.

Bidders may withdraw their bid electronically via the COUNTY’S e-Procurement Portal at any time prior to the scheduled due date and time for submission.

3.6. Inquiries

All Bidders should carefully examine the IFB documents. Any ambiguities or inconsistencies shall be brought to the attention of PCD Contact Person in writing via the Q&A tab in the

COUNTY’S e-Procurement Portal prior to the scheduled due date and time for submission.

Failure to do so, on the part of the Bidder, shall constitute an acceptance by the Bidder of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the IFB documents including the attached Draft Agreement, shall be requested in writing, and received no later than NO VALUE on TBD. Written requests shall be submitted via the COUNTY’S e-Procurement Portal The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this IFB. If the Q&A deadline has passed, a Bidder may contact the COUNTY directly if necessary at pcdadmin@seminolecountyfl.gov. The COUNTY reserves the right to reject any questions sent after the Q&A deadline.

3.7. Addenda

Should revisions to the IFB documents become necessary, the COUNTY will post Addenda information on the COUNTY's e-Procurement Portal. The COUNTY’s e-Procurement Portal will issue an automated email notification to all “Followers” on the IFB’s Followers list. All Bidders should check the COUNTY's Website or notify PCD ADMIN to verify information regarding

Addenda. Failure to do so may result in rejection of the Bidder’s submitted bid and a determination as “Non-Responsive”. By execution of the Formal Notice for this IFB, the Bidder acknowledges receipt of all Addenda issued under this solicitation. Addenda information will be posted on the COUNTY’s Website (https://secure.procurenow.com/portal/seminolefl). It is the sole responsibility of the Bidder to ensure that they obtain information related to any Addenda.

3.8. Selection Process and Award

The award will be made in the best interest of the COUNTY, as determined by the COUNTY, based upon the low total price and/or line-item by line-item, to the Lowest Responsible Bidder(s) that meet the requirements listed in this solicitation. The COUNTY will determine the method that will more benefit the organization. The Bidder(s) understands that this Bid does not constitute an agreement or a contract with the Bidder. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to waive formalities, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety. In evaluating Bids, the COUNTY shall consider the information provided by the Apparent Low Bidder as described in these "INSTRUCTIONS TO BIDDERS." Any of the following causes may be considered as sufficient grounds for disqualification of a Bidder or the rejection of a Bid:

(a) Submission of more than one (1) Bid for the same Work by any entity under the same or different names.

(b) Evidence of collusion among Bidders.

(c) Submission of an unbalanced Bid in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same Bid.

(d) Lack of responsibility as shown by past Work from the standpoint of life safety including, but not limited to, strict adherence to all maintenance of traffic requirements of COUNTY, workmanship, progress and financial irresponsibility.

(e) Uncompleted Work for which the Apparent Low Bidder is committed by contract which might hinder or prevent the prompt completion of Work under this Bid if an Agreement would have been awarded to the Apparent Low Bidder.

(f) Falsification of any entry made on the Bid Documents shall be deemed a material irregularity and will be grounds, at the COUNTY's option, for disqualification of the Apparent Low Bidder or rejection of the Bid.

(g) This section shall be construed liberally to benefit the public and not the Apparent Low

Bidder; however, any other evidence which may hinder or otherwise delay completion of the

Project may be grounds for disqualification.

(h) Non-compliance with the submittal requirements of these Instructions to Bidders.

AWARD CRITERIA: The recommendation of award will be based on, but not limited to the following criteria:

(a) The ability, capacity, and skill of the Apparent Low Bidder to perform the Work.

(b) Whether the Apparent Low Bidder can perform the Work promptly, or within the time specified, without delay or interference.

(c) The character, integrity, reputation, judgment, and efficiency of the Apparent Low Bidder.

(d) The quality of performance of previous contracts or services to Seminole County or any other agency or client.

(e) The previous and existing compliance by the Apparent Low Bidder with Chapter 220, Seminole County Purchasing Code & Procedures, the life safety requirements of COUNTY, and other laws and ordinances, regulations.

(f) The sufficiency of the financial resources and ability of the Apparent Low Bidder to perform the Work.

(g) The quantity, availability, and adaptability of the Apparent Low Bidder to perform the

Agreement or service to the particular needs of the COUNTY.

(h) The ability of the Apparent Low Bidder to retain employees for the purpose of this Work.

(i) The experience of the Apparent Low Bidder performing in a similar manner as required by this Agreement. Minimum of three (3) satisfactory years shall be required.

(j) The type, structure, and experience of the local or branch management proposed.

(k) Quality Control Program.

(l) Claims and Litigation filed against the Apparent Low Bidder or filed by the Apparent Low

Bidder for equitable adjustment, contract claim or litigation in the past five (5) years.

(m) Reprimand of any nature or suspension by the Department of professional Regulation or any other regulatory agency or professional association within the last five (5) years.

3.9. Bid Preparation Costs

Neither the COUNTY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this IFB. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of this IFB

3.10. Accuracy of Bid Information

By submission of a bid, Bidder acknowledges that they have carefully examined the IFB documents and agrees to furnish the services/products specified in the solicitation at the prices, rates or discounts as proposed. Bidders agree that their bid will remain firm for a period of up to one hundred twenty (120) days to allow the County adequate time to evaluate the submittals.

By submission of a bid, Bidder agrees to abide by all conditions of this bid and understands that a background investigation may be conducted by the Seminole County Sheriff’s Department prior to award. Bidder certifies that all information contained in their bid is truthful to the best of their knowledge and belief. Bidder further certifies that they are duly authorized to submit this bid on behalf of the vendor/Bidder as its act and deed and that the vendor/Bidder is ready, willing, and able to perform if selected.

3.11. Insurance

A misstatement or omission of a material fact, whether intentional or not, regarding the

Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the

Bidder’s submitted proposal and rescission of any ensuing Award Agreement.

The COUNTY recommends that all Bidders review the insurance requirements listed within the Draft Term Contract with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the COUNTY’s

Award Term Contract. The COUNTY reserves the right to reject the award to any Bidder that fails to provide the insurance as required within the COUNTY’s Term Contract.

3.12. Licenses

Bidders, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal of Bid. Should the Bidder not be fully licensed and certified, its bid shall be rejected. Any permits, licenses, or fees required shall be the responsibility of the Bidder. No separate or additional payment will be made for these costs.

Adherence to all applicable code regulations, Federal, State, County, City, etc., are the responsibility of the Bidder.

The following licensing requirements shall apply when the applicable Florida Statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. (a)

State of Florida, Department of Professional Regulation, Construction Industries Licensing

Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work; (b) Said licenses shall be in the Bidder's name as it appears on the Official Bid Form. Bidder shall supply appropriate license numbers, with expiration dates, as part of their bid. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the bid; (c) Bidder shall provide copies of all applicable licenses with their Bid Proposal; and (d) Subcontractors contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County.

3.13. Occupational Safety and Health Act (O.S.H.A.)

In instances where such is applicable due to the nature of the bid matter with which this bid package is concerned, all material, equipment, etc., as proposed and offered by Bidders must meet and conform to all O.S.H.A. requirements; the Bidder's signature upon the bid proposal form being by this reference considered a certification of such fact.

3.14. Posting of the IFB's Recommendation and Intent to Award

The recommendation and intent to award for this IFB will be posted on the COUNTY’s Website

(https://procurement.opengov.com/portal/seminolefl) prior to submission for final approval of award. Failure to file a protest with the COUNTY’s Purchasing & Contracts Manager within the time prescribed in the COUNTY's Purchasing Code, Policies and Procedures shall constitute a waiver of proceedings.

3.15. Public Records

Upon recommendation and intent to award this IFB as posted to the COUNTY’s website or thirty

(30) calendar days after closing, bids are considered “public records" and shall be subject to the public disclosure regulations consistent with Chapter 119, Florida Statutes. Bidders must invoke the exemptions to disclosure provided by law in their response to the solicitation and must identify the data or other materials to be protected by separate envelope, and must state the reasons why such exclusion from public disclosure is necessary pursuant to the COUNTY’s, “Compliance With Public Records Law” Form, which is required as part of the IFB documents.

Ownership of all data, material, and documentation originated and prepared for the County pursuant to the IFB shall belong exclusively to the County and be subject to public inspection in accordance with the Public Records Law. Trade secrets or proprietary information submitted by a Bidder shall not be subject to public disclosure under the Public Records Law; however, the

Bidder must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

3.16. Prohibition Against Contingent Fees

It shall be unethical for any person to be retained, or to retain any company or person, other than a bona fide employee working solely for the Bidder to solicit or secure the Term Contract for this IFB, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Term Contract. For the breach or violation of this provision, the COUNTY shall have the right to terminate the Term Contract at its sole discretion, without liability and to deduct from the Term Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

3.17. Acceptance/Rejection/Disqualification

The COUNTY reserves the right to accept and make award to those Bidders, who in the opinion of the COUNTY, will be in the best interest of and/or the most advantageous to the COUNTY.

The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety. The COUNTY reserves the right to reject the bid of any

Bidder who has previously failed in the proper performance of an award or to deliver on time agreements of a similar nature or who, in the COUNTY's opinion, is not in a position to perform properly under this award. The COUNTY reserves the right to inspect all facilities of Bidders to make a determination as to the available resources to perform properly under this award. The

COUNTY reserves the right to waive any irregularities, informalities, and technicalities and may, at its discretion, issue a re-procurement.

More than one (1) bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is involved in more than one proposal submittal will be cause for rejection of all bids in which such Bidders are believed to be involved. Any or all bids will be rejected if there is reason to believe that collusion exists between Bidders. Bids in which the prices obviously are unbalanced will be subject to rejection.

3.18. Additional Terms and Conditions

Unless expressly accepted by the County, only the terms and conditions in this document shall apply: No additional terms and conditions included with the bid response shall be considered.

Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to this bid if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or any special conditions in these Bid Documents and any addenda issued under this solicitation are the only conditions applicable to this bid and the Bidder's authorized signature on the Bid Response Form attests to this. Exceptions to the terms and conditions will not be accepted.

3.19. Responsibility

The County reserves the right, before award, to require a Bidder to submit such evidence of his qualifications as it may deem necessary, and may consider any evidence available such as financial, technical, and other qualifications and abilities of the Bidder, including past performance and experience with the County. This information may be used to determine the

Bidder’s responsibility.

3.20. Bids to Remain Firm

All Bids shall remain firm for a minimum of one hundred twenty (120) days after the day of the

Bid opening to allow for the evaluation and selection process and proper execution of the

Agreement. Extensions of time when Bids shall remain opened beyond the one hundred twenty-day period may be made only by mutual agreement between Seminole County and the Selected

Bidder. The successful Contractor must maintain the bid prices firm for a minimum of one (1) year after the contract is executed. No cost increase will be authorized during the first year of the agreement.

3.21. Purchasing Code

Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55

(Purchasing Policy), and County Manager Policies apply to this IFB in their entirety.

3.22. Affirmation

By submission of a bid, the Bidder affirms that their bid is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The Bidder agrees to abide by all conditions of this IFB and the resulting Term Contract.

3.23. Mistakes in the Bid

Bidders are expected to examine the terms and conditions, specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at Bidder's risk. In the event of extension error(s), the unit price will prevail, and the Bidder's total offer will be corrected accordingly. Written amounts shall take precedence over numerical amounts. In the event of addition errors(s), the unit price, and extension thereof, will prevail and the Bidder's total offer will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the Bidder.

3.24. Governmental Restrictions

In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the Bidder to notify the Purchasing and Contracts

Division at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The County reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the County.

3.25. Drug-Free WorkPlace Compliance

Bidder shall comply with Section 287.087, Florida Statutes, and failure to comply shall result in rejection/disqualification of the bid and all agreements as a result of this solicitation.

3.26. Public Entity Crime

Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years from the date this Project was advertised for Proposal, or if such person or affiliate was listed on the

State's convicted vendor list, within three (3) years of the date this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any Agreement with the COUNTY obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the COUNTY.

3.27. Uniform Commercial Code

The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the Bidder and the County for any terms and conditions not specifically stated in this solicitation.

3.28. Proprietary/Restrictive Specifications

Bidder, who feels the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must notify the Purchasing and Contracts Division of their rejection upon receipt of this IFB and prior to the due date.

3.29. Payment Terms/Discounts

The County’s payment terms are in accordance with Section 218, Part VII, Florida Statutes, Florida Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for evaluation purposes.

3.30. Price Redeterminations

1. During the Renewal Term: Petitions for price redeterminations must be made at the time of

County’s notification to the Contractor of the renewal period. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract to reflect the new prices for the renewal term.

2. Outside the Renewal Term: Petitions for price redeterminations must be made within thirty

(30) days of the anniversary date of the Contract. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract.

BASIS FOR PRICE REDETERMINATIONS. The Contractor may petition the Purchasing and

Contracts Division for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the solicitation opens. The base index number for the

PPI will be for the month the solicitation opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request.

WAGE PRICE REDETERMINATION. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Pay & Benefits, Employment

Cost Index, Private Industry, Compensation as prepared by the Bureau of Labor Statistics in the

U.S. Department of Labor available at www.bls.gov.

MINIMUM WAGE PRICE REDETERMINATION. If the minimum wage increases during the term of the Contract, including any renewal or extension period thereunder, the Contractor may petition the Purchasing and Contracts Division for price redetermination for those job categories where the pay to the Contractor's employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Purchasing and Contracts Division.

• Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County.

If the Contractor bills the County at a higher price according to any price redetermination granted by the County, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Contract default and the Contract will be immediately terminated.

FUEL PRICE REDETERMINATION. If and when the price of fuel increases by a minimum of ten (10%) percent, the Contractor may petition the Purchasing and Contracts Division for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if and when the price of fuel decreases by a minimum often (10%) percent. Failure to make such petition may be grounds for

Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity "Gasoline - WPU057".

MATERIALS PRICE REDETERMINATION. At the anniversary date of the Agreement, the

Contractor may petition the Purchasing and Contracts Division for a materials price redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Contract decreases. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) under Inflation & Prices, Industry Data, Construction Machinery Mfg. PCU 333120333120, as published by the Bureau of Labor

Statistics.

PRICE REDETERMINATION CALCULATION. All Price Redeterminations shall be calculated as follows:

Example: Contractor indicated on the Submittal Form that fourteen percent (14%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials).

PPI in the month the solicitation closed was 158.73 264.52

Current PPI is 264.52 -158.73

105.79

105.79 divided by 158.73 = .666%

The unit cost of the service is $100.00

14% of $100.00 = $14.00

$14.00 x .666 = $9.32

Th…