RFQ_251100_Purchase_of_Moxa_Network_Switching-DRAFT.pdf

CITY OF LEESBURG

REQUEST FOR QUOTATION

RFQ NO: 2501700

RFQ Title: Purchase of Moxa Network Switches

DUE DATE: 11:00AM, Tuesday, May 13, 2025

BIDDER INFORMATION CITY OF LEESBURG

Company Name:

(As Indicated On W-9)

Contact Person: Hosea Goodwyn

DBA (if applicable): Dept./Div.: Finance/Procurement Address 1: Phone Number: 352-728-9880

C/S/Z: Fax Phone:

Contact Person: E-Mail Address: purch@leesburgflorida.gov

Title: SHIP TO:

Signature: Bus Name: City of Leesburg

Phone Number: Department: Information Technology Fax Number: Division:

E-Mail Address: Address 1: 204 N. 5th Street FEIN/SS #: Address 2:

DUNS: C/S/Z: Leesburg, FL 34748 Date of Quote: Ship Via: FOB Destination

Deliver By: Deliver By:

INSTRUCTIONS: Provide your best selling price in the unit price column for the item(s) you are quoting on. If bidding other than specified, indicate brand name and catalog number/part number. Please read the terms and conditions listed below, complete the requested information, and sign in the space provided above. If not bidding, please state “NO BID” and return this form. Only quotes submitted on this “Request For Quote” form will be accepted. No other forms or written quotes will be accepted.

THIS IS NOT AN ORDER

Please quote on the following items. We (WILL) (NOT) consider substitute order.

Bid price shall be stated in units requested and shall remain firm for 30 calendar days.

City is exempt from F.E.I.N. (#59-6000362) and Sales Tax Exemption (#85-8015934594C-5).

Item Qty/UOM Description Part Number Unit Price (Best & Final Offer)

Extended Price (Unit Price x Qty)

1 1 Moxa Layer 2 Full Gigabit managed Ethernet switch w/(20) 100/1000 SFP slots, (4) 10/100/1000BTX or 100/1000 SFP slot combo ports, (2) isolated power supplies (85 to 264 VAC)

IKS-G6524A-20GSFP-

4GTXSFPHVHV

2 1 Moxa 12 port full Gigabit managed Ethernet switch w/(8) 10/100/1000BaseT PoE/PoE+ ports & (4) 100/1000BaseSFP

EDS-G512E-8POE-

4GSFP-T

mailto:purch@leesburgflorida.gov

Item Qty/UOM Description Part Number Unit Price (Best & Final Offer)

Extended Price (Unit Price x Qty) slots (extended temperature model) 3 6 Moxa Managed Ethernet PoE Switch w/(4)

PoE+/60W 10/100BTX ports, (2) combo 10/100/1000BTX or 100/1000 SFP ports & dual 12/24/48VDC power inputs (extended temperature model)

EDS-P506E-4POE-

2GTXSFP-T

4 7 Moxa Power Supply - 120 W/2.5 A DIN-rail 48 VDC power supply, universal 90 to 264 VAC or 127 to 370 VDC input voltage, -20 to 70°C operating temperature

NDR-120-48 $ $

Sales Tax N/A - Tax Exempt Shipping & Handling $

GRAND TOTAL $

REQUIRED

1 Deliver

By ESTIMATED LEAD TIME FOR ORDER TO BE FILLED ____________ # of Days (In Calendar Days)

GENERAL SPECIFICATIONS

SCOPE:

The City of Leesburg desires to secure the purchase of various Moxa Network Switches parts (listed in the specifications below) from a qualified vendor.

SOLICITATION INQUIRES:

• Interested vendor is to direct all inquiries to Procurement. No other City employee or its representative is authorized to provide any information related the solicitation process, this solicitation document, or the specifics of the project/scope of work. All inquiries related to this solicitation shall be submitted in writing through the City’s eProcurement portal, Bonfire, no later than 4:30p, Sunday, May 4, 2025.

SUBMISSION OF QUOTES

The Procurement Division shall receive responses to this request for quotes no later than the deadline due date and time established within the request for quotation. Enter information and upload completed Forms/Documents using the City’s online solicitation management portal, Bonfire. Vendors will need to log in or create an account in advance of uploading submissions.

QUOTED PRICE:

• The unit price for this solicitation is a lump sum bid price and shall be all-inclusive, with no hidden/additive fees/cost. The unit price shall remain firm throughout the term of the contract.

• If you cannot or decline to provide a specific item, please indicate “No Bid” in the “Best and Final Total

Bid Amount” area.

ORDER/DELIVER INFORMATION:

• A purchase order is required before performing any services.

OTHER INFORMATION:

• City reserves the right to award based on entire bid, by group, or by item to the vendor whose product/services are the most advantageous to the City.

• City is exempt from Sales Tax – Exemption # (85-8012740082C-1)

GRANT FUNDING COMPLIANCE

Funding for this project may be fully or partially provided by the United States Department of Treasury and/or FEMA. As such, all applicable federal guidelines, including, but not limited to the following are hereby incorporated herein by reference. The Contractor shall abide by all applicable federal guidelines at all times throughout the execution and completion of this project.

A. Procurement Standards – 2 CFR 200.317 through 200.326

B. Appendix II to 2 CFR Part 200 – Contract Provisions For Non-Federal Entity Contracts Under Federal Awards

TECHNICIAL SPECIFICATIONS

INTENT

The City of Leesburg is seeking to purchase various Moxa Network Switches from a qualified vendor to support Information Technology requirements for a City project.

SCOPE OF SERVICE DETAILS

The selected vendor shall provide the following commodity:

1. No substitutes will be considered in regards to the listed Moxa Network Switches. Quoted items must comply with the specifications listed.

2. Moxa Network equipment with the following specification:

MOXA NETWORK ITEMS

ITEM DESCRIPTION PART NUMBER

1 Moxa Layer 2 Full Gigabit managed Ethernet switch w/(20) 100/1000 SFP slots, (4) 10/100/1000BTX or 100/1000 SFP slot combo ports, (2) isolated power supplies (85 to 264 VAC)

IKS-G6524A-20GSFP-4GTXSFPHVHV

2 Moxa 12 port full Gigabit managed Ethernet switch w/(8) 10/100/1000BaseT PoE/PoE+ ports & (4) 100/1000BaseSFP slots (extended temperature model)

EDS-G512E-8POE-4GSFP-T

3 Moxa Managed Ethernet PoE Switch w/(4) PoE+/60W 10/100BTX ports, (2) combo 10/100/1000BTX or 100/1000 SFP ports & dual 12/24/48VDC power inputs (extended temperature model)

EDS-P506E-4POE-2GTXSFP-T

4 Moxa Power Supply - 120 W/2.5 A DIN-rail 48 VDC power supply, universal 90 to 264 VAC or 127 to 370 VDC input voltage, -20 to 70°C operating temperature

NDR-120-48

VENDOR QUALIFICATIONS

Below Information is to determine if vendor is qualified and capable vendor.

• Vendor Status: Vendor should not be on the State of Florida Scrutinized List of Prohibited Companies List. The City will verify vendor is not on the list at https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convi cted_suspended_discriminatory_complaints_vendor_lists.

• Federal Excluded Parties List: Vendor should not be on the Federal Excluded Parties List. City will verify vendor is not an excluded party on the SAM website.

• Florida Business: If a Florida business (excluding Sole Proprietorships, unless registered/operating under a fictitious name), City will confirm business is registered with the State of Florida Division of Corporations on State of Florida SunBiz site (http://dos.myflorida.com/sunbiz/search/ ).

• E-Verify Requirement: see below in the Terms and Conditions section.

• References: See Technical Specifications for specifics. Complete and submit with your submittal.

• Insurance Coverage/Limits: Vendor have the required insurance.

I certify that I have the insurance coverages and limits identified below in the “Insurance Requirements” section and will provide an unendorsed Certificate of Insurance with my submittal or within 24 hours, when requested by the City.

____________ insert initials here

• Conflict of interest

All Bidders must disclose, with their bid submittal, the name of any officer, director, or agent who is also an officer or employee of the City of Leesburg. Furthermore, all Bidders must disclose the name of any City of Leesburg officer or employee who owns, directly or indirectly, an interest of ten percent (10%) or more of the Bidder’s firm or any of its branches, subsidiaries, or partnerships.

Failure to disclose in this manner will result in the disqualification of the Bidder or the cancellation of work. It is the sole responsibility of the Bidder to ensure compliance with this requirement.

REQUIRED: Please complete and submit “CONFLICT OF INTEREST STATEMENT FORM” with your submittal.

• Non-Collusion/Lobbying Certification All Bidders shall file a statement executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the bid submittal. In addition, no City appropriated funds have been paid to any person for influencing or attempting to influence a member of the City Commission, City Manager or any City employee in connection with the awarded agreement as a result of this solicitation process.

REQUIRED: Please complete and submit “NON-COLLUSION/LOBBYING CERTIFICATION FORM” with your submittal.

• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion The prospective contractor of the City of Leesburg, certifies, by submission of a bid and signing the “Proposal Bid Form”, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

REQUIRED: Please complete and submit “CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION” with your submittal.

https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists https://www.sam.gov/portal/SAM/?navigationalstate=JBPNS_rO0ABXdcACJqYXZheC5mYWNlcy5wb3J0bGV0YnJpZGdlLlNUQVRFX0lEAAAAAQApdmlldzoxYzVjYTI2Zi03MjhjLTRhOGUtYmFiNy04N2NhMjMwYTA5ZmUAB19fRU9GX18*&portal:componentId=d2d86332-0f88-4999-a81c-cb49f40c3c22&interactionstate=JBPNS_rO0ABXcwABBfanNmQnJpZGdlVmlld0lkAAAAAQAPL2pzZi9iYW5uZXIuanNwAAdfX0VPRl9f&portal:type=action#1 http://dos.myflorida.com/sunbiz/search/

RETURN ALL PAGES BY THE ABOVE DUE DATE/TIME BY USING THE CITY’S ONLINE

SOLICIATION MANAGEMENT PORTAL, BONFIRE.

ANY ORDERS RESULTING FROM THIS QUOTATION WILL BE SUBJECT TO THE TERMS

AND CONDITIONS CONTAINED BELOW

GENERAL INFORMATION/INSTRUCTIONS

ADDENDUM

The vendor is responsible for making sure that all addenda (if any issued) have been received prior to completing and submitting the Request for Quotation form to the City. The City will post addendums (if any) electronically. The vendors should obtain the addendum by visiting our web site at www.leesburgflorida.gov (Click on “Bid Info” and find solicitation on list, Click on “Download/Order”).

BID UPDATES/STATUS OF BID

City staff is unable to provide updates/status information over the phone, by fax, or by e-mail. The vendor should obtain current information or posted documents regarding this solicitation by visiting our web site at www.leesburgflorida.gov (Click on “Bid Info”;

find solicitation on list; then Click on “Details”, “Planholders” or “Download/Order”).

RESERVED RIGHTS

The City reserves the right to accept and award or reject any or all quotes, with or without cause, to waive technicalities, or to accept the quote which, in its judgement, best serves the interest of the City.

PUBLIC RECORDS

SOLICITATION SUBMITTALS INFORMATION AND DOCUMENTS: Florida law (Florida Statute 119, the Public Records Law) requires that municipal records shall at all times be open for personal inspection by any person. Information and materials received by City in connection with a solicitation response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 30 days after submittal deadline, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Submitter believes any of the information contained in their response is exempt from the Public Records Law, then the Submitter, must in their response, specifically identify the material, which is deemed to be exempt and cite the legal authority for the exemption. The City's determination of whether an exemption applies shall be final, and the Submitter agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records.

INSURANCE REQUIREMENTS

1. COMMERCIAL GENERAL LIABILITY:

A. $1,000,000 General Aggregate B. $1,000,000 Products & Completed Operations Aggregate C. $1,000,000 Personal & Advertising Injury D. $1,000,000 Each Occurrence.

E. **City of Leesburg must be named as “Additional Insured.”

2. AUTO LIABILITY:

A. $1,000,000 Combined Single Limit.

3. WORKERS’ COMPENSATION:

A. Statutory Limits B. $100,000 each accident, C. $500,000 disease, D. $100,000 each employee.

E. *Some contractors may exclude themselves from Workers’ Compensation coverage. In such instances, a valid EXCLUSION

FORM must be submitted but will not be accepted in lieu of proof of Workers’ Compensation coverage. Any contractor doing work for the City must have Workers’ Compensation insurance. For vendors in the construction industry, such exemptions are valid for two years (and must be renewed thereafter). They are exempt only for the company named. Said exemptions are restricted to company officers and are limited to three total exemptions.

TECHNICAL SPECIFICATIONS

1. GENERAL:

The City of Leesburg is seeking to purchase various Moxa Network Switches parts from a qualified vendor to support its wastewater treatment operations. These parts will allow the City to make needed repairs, when required, to maintain uninterrupted service to its customers.

2. EFFECTIVENESS AND DURATION

A. The agreement(s) resulting from this solicitation will be a:

1) Single/One Time Purchase https://www.leesburgflorida.gov/my_city/departments/procurement/ https://www.leesburgflorida.gov/my_city/departments/procurement/ http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html

(a) The agreement(s) resulting from this solicitation will be a single/one time (non-recurring) purchase.

(b) The terms and conditions are not renewable.

3. ORDERING OF SUPPLIES/SERVICES

Orders for items/services listed in this bid will be accomplished by an executed signed purchase order from the Procurement Division, only. Departments/divisions are not authorized to commit the City to orders.

4. ESTIMATED QUANTITIES

The estimated quantities to be furnished under this RFQ are to be considered as approximate only and are to be used solely for the comparison of bids received. The City reserves the right to purchase any, all, or none of its requirements from Bidder(s) awarded the bid

5. RIGHT TO CANCEL/TERMINATE

A. City reserves the right to terminate the contract is order in whole or in part for default if Vendor fails to perform in accordance with any of the requirements of this solicitation or contract. Any such termination will be without liability to City except for completed items delivered or services performed and accepted by the City. City may cancel the contract for City's convenience upon written notice to Vendor. City shall pay Vendor for all goods delivered/services performed until the date of contract/PO cancellation by the City.

TERMS & CONDITIONS - READ CAREFULLY

1. The right is reserved to cancel this order if not filled within the contract time, if specified.

2. The conditions of this order are not to be modified by any verbal understanding.

3. Acceptance of this order includes acceptance of all terms, prices, delivery instructions, specifications and conditions stated.

4. INVOICES AND PACKAGES MUST BEAR THIS ORDER NUMBER.

5. THE CITY ASSUMES NO RESPONSIBILITY FOR GOODS DELIVERED WITHOUT THE AUTHORITY OF A

PROPERLY EXECUTED PURCHASE ORDER.

6. PLEASE FORWARD ALL INVOICES TO THE ORDERING DEPARTMENT.

7. Payment terms are net 30 days upon delivery and acceptance.

GENERAL CONDITIONS

The terms and conditions of this order must not be changed by Vendor. If order is not acceptable, return to the City's Procurement Division. Failure of a Vendor awarded a Purchase Order to deliver according to the Purchase Order or to comply with any of the terms and conditions therein may disqualify him from receiving future orders.

QUALITY

All materials or services furnished on this order must be as specified and subject to City inspection within a reasonable time after delivery at destination. Variations in materials or services from those specified in this order must not be made without written authority from the Procurement Division Manager. Material rejected will be returned at the Vendor's risk and expense.

QUANTITY/PRICE

The quantity of materials ordered or the prices specified must not be exceeded without written authority being first obtained from the Procurement Division Manager.

INDEMNITY

The Vendor hereby agrees to indemnify and save harmless the City, its officers, agents, and employees from and against any and all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including attorney's fees for trial and on appeal, of any kind and nature arising or growing out of or in any way connected with the performance of this Agreement whether by act or omission of the Vendor its agents, servants, employees or others, or because of or due to the mere existence of this Agreement between the parties.

PATENT/COPYRIGHT HOLD HARMLESS

The Vendor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device, which is the subject of patent rights or copyrights. Vendor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the goods or services, or any part thereof, furnished under this Purchase Order, constitute an infringement of any patent or copyright of the United States. The Vendor shall pay all damages and costs awarded against the City.

PACKING

Packages must be plainly marked with shipper's name and Purchase Order Number; charges are not allowed for boxing or crating unless previously agreed upon in writing.

DELIVERY

All materials must be shipped F.O.B. Destination. The City will pay no freight or express charges, except by previous agreement. If specific purchase is negotiated on the basis of F.O.B. shipping point, VENDOR IS TO PREPAY SHIPPING CHARGES AND ADD TO INVOICE. Delivery must actually be affected within the time stated on Purchase Order. The City reserves the right to cancel this order and purchase elsewhere if the Vendor fails to meet the delivery date specified on the Purchase Order. Deliveries shall be made between 7:30 a.m. and 4:30 p.m. Monday through Friday except holidays, unless otherwise stated. In case of default by the Vendor, the City may procure the articles or services covered by this order from other sources and hold the Vendor responsible for any additional cost occasioned thereby.

MATERIAL SAFETY DATA SHEET

The Vendor agrees to furnish the City with a current Material Safety Data Sheet (MSDS) on or before delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Chapter 422, Florida Statutes. Appropriate labels and MSDS's shall be provided for all shipments. Send MSDS's and other pertinent data to City of Leesburg Risk Management Division, 501 West Meadows Street, Leesburg, FL 34749.

OSHA REQUIREMENT

The Vendor hereby guarantees the City that all materials, supplies, and equipment as listed on the Purchase Order shall meet the requirements, specifications and standards as provided for under the U.S. Department of Labor Occupational Safety and Health Act of 1970, as from time to time amended and in force at the date hereof.

COMPLIANCE TO LAWS, GUIDELINES, REGULATIONS, ETC.

Vendor must comply with all applicable state, federal, and local laws, guidelines, and regulations etc. This includes but is not necessarily limited to DOT, OSHA, EPA, and DEP.

E-VERIFY - EMPLOYMENT ELIGIBILITY

By submitting a response to this solicitation and if awarded this Solicitation, you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Further, by your response to this solicitation and if awarded this Solicitation you affirm and represent that you are registered with the E-Verify system and are using same, and will continue to use same as required by Section 448.095, F.S. Compliance with Section 448.095 includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to disqualifying you for award of this solicitation, entering into a contract, and/or, cancellation of an active contract, or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If terminated for a violation of the statute by the Vendor/Contractor, the Vendor/Contractor may not be allowed to do business with the City or be awarded a solicitation or contract for a period of 1 year after the date of termination. All costs incurred to initiate and sustain the aforementioned programs shall be the responsibility of the Vendor/Contractor.

CITY’S TERMS AND/OR CONDITIONS FOR PURCHASE OF GOODS/SERVICES FROM VENDORS

Important Read Carefully: Terms and conditions on City’s solicitation documents, contracts, and/or purchase orders shall prevail and take precedence. Unless expressly accepted by the City, only terms and conditions contained in these documents shall apply. The City will not consider additional terms and conditions submitted by the vendor. Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to the City’s purchase of goods and services if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. Vendors shall agree that the general and/or any special conditions in the City documents are the only conditions applicable to purchases made by the City and that the City will not accept exceptions to our terms and conditions.

NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL

CONDITIONS SHALL HAVE PRECEDENCE.

Purchasing Division Manager

City of Leesburg http://www.altamonte.org/pdfs/POFORM-Sample%20(Void).pdf

CONTRACTOR PUBLIC RECORDS REQUIREMENTS -

CONTRACT FOR SERVICES

Due to the State of Florida legislation for contract for services entered into or amended on or after July 1, 2016 the below language is hereby added to the Solicitation, Contract, and or City’s Standard Purchase Order terms and conditions.

The City of Leesburg is a public agency subject to Florida Statute, Chapter 119 (Florida’s Public Records Law).

The Contractor that enters into a contract for services with a public agency shall comply with Florida’s Public Records Law. Specifically, the Contractor shall:

A. Keep and maintain public records required by the City in order to perform the service.

B. Upon request from the City’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City.

D. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records in a format that is compatible with the information technology systems of the City.

E. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City’s Finance Department. The Contractor agrees to make available to the City’s Finance Department, during normal business hours and in Seminole County, all books of account, reports and records relating to this contract.

F. PUBLIC RECORDS CUSTODIAN

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this contract, contact the Custodian of Public Records at:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html

City Clerk 501 West Meadows Street Leesburg, Florida 34749

(352) 636-5109 Public.Records@leesburgflorida.gov

G. The Contractor acknowledges that the City of Leesburg cannot and will not provide legal advice or business advice to Contractor with respect to its obligations pursuant to this section related to public records. The Contractor further acknowledges that it will not rely on the City of Leesburg or its City Attorney to provide such business or legal advice, and that Contractor has been advised to seek professional advice with regard to public records matters addressed by this agreement. The Contractor acknowledges that failure to comply with Florida law and this agreement with respect to public records shall constitute a material breach of this agreement and shall be grounds for termination pursuant to the termination provisions outlined in the contract, solicitation, and/or City purchase order.

H. A definition of “public records” can be found in to Florida Statute, Chapter 119.

I. The timeframes and classifications for records retention requirements must be in accordance with the General Records Schedule Number GS1-SL for State and Local Government Agencies.

Note: The contract is made up of, but not limited to, solicitation documents, the contractor’s solicitation submittal in response to the solicitation, and possible resulting City PO.

mailto:Public.Records@leesburgflorida.gov http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html http://dos.myflorida.com/library-archives/records-management/general-records-schedules/

CONFLICT OF INTEREST STATEMENT FORM

A. I am the of with a local office in [Insert Title] [Insert Company Name] and principal office in _.

B. The entity hereby submits an offer to RFQ-2501700, title Purchase of Moxa Network Switches.

C. The AFFIANT has made diligent inquiry and provided the information in this statement affidavit based upon its full knowledge.

D. The AFFIANT states that only one submittal for this solicitation has been submitted and tendered by the appropriate date and time and that said above stated entity has no financial interest in other entities submitting a proposal for the work contemplated hereby.

E. Neither the AFFIANT nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion or collusive activity, or otherwise taken any action which in any way restricts or restraints the competitive nature of this solicitation, including but not limited to the prior discussion of terms, conditions, pricing, or other offer parameters required by this solicitation.

F. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise prohibited from participation in this solicitation or any contract to follow thereafter by any government entity.

G. Neither the entity nor its affiliates, nor anyone associated with them, have any potential conflict of interest because and due to any other clients, contracts, or property interests in this solicitation or the resulting project.

H. I hereby also certify that no member of the entity’s ownership or management or staff has a vested interest in any City Division/Department/Office.

I. I certify that no member of the entity’s ownership or management is presently applying, actively seeking, or has been selected for an elected position within City of Leesburg government.

J. In the event that a conflict of interest is identified in the provision of services, I, the undersigned will immediately notify the City in writing.

By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided in, Conflict of Interest Statement Form, is truthful and correct at the time of submission.

AFFIANT SIGNATURE

Typed Name of AFFIANT

Title

STATE OF

COUNTY OF

The foregoing instrument was executed before me this day of , 20 , by as of , who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation, and who is personally known to me OR has produced as identification.

(stamp)

NOTARY PUBLIC, State of

NON-COLLUSION/LOBBYING CERTIFICATION

FORM

A. This sworn statement is submitted with Invitation to Bid, or Contract Number RFQ-2501700, titled Purchase of Moxa Network Switches.

B. This sworn statement is submitted by whose business address is [Name of entity submitting sworn statement] and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: _______________________.

C. My name is and my relationship to the above is

[Please print name of individual signing]

D. NON-COLLUSION PROVISION CERTIFICATION.

The undersigned hereby certifies, to the best of his or her knowledge and belief, that on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration.

E. LOBBYING CERTIFICATION.

The undersigned hereby certifies, to the best of his or her knowledge and belief, that:

1. No Federal and/or City appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of the City, City Council Member of Congress in connection with the awarding of any City Contract.

2. If any funds other than Federal and/or City appropriated funds have been paid or will be paid to any person for influencing or attempting to influence a member of City Council or an officer or employee of the City in connection with this contract, the undersigned shall complete and submit Standard Form-L “Disclosure Form to Report Lobbying”, in accordance with its instructions.

By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided in, Non-Collusion/Lobbying Certification Form, is truthful and correct at the time of submission.

AFFIANT SIGNATURE

Typed Name of AFFIANT

Title

STATE OF

COUNTY OF

The foregoing instrument was executed before me this day of , 20 , by as of , who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation, and who is personally known to me OR has produced as identification.

(stamp) NOTARY PUBLIC, State of _________________________

CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

Contractor Covered Transactions

(1) The prospective subcontractor of The City of Leesburg (“Recipient”), __________________________________, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency.

(2) Where the Sub-Recipient’s subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form.

CONTRACTOR NAME

By:

Signature

Name and Title

Street Address

City, State, Zip

Date

FEDERAL PROCUREMENT STANDARDS

(2 CFR 200.317 AND 200.326)

§ 200.317 Procurements by states.

When procuring property and services under a Federal award, a state must follow the same policies and procedures it uses for procurements from its non-Federal funds. The state will comply with § 200.322 Procurement of recovered materials and ensure that every purchase order or other contract includes any clauses required by section § 200.326 Contract provisions. All other non-Federal entities, including sub-recipients of a state, will follow § 200.318 General procurement standards through § 200.326 Contract provisions.

§ 200.318 General procurement standards.

(a) The non-Federal entity must use its own documented procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this section.

(b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

(c) (1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts.

No employee, officer, or agent must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity.

(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

(d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items.

Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach.

(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.

(f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs.

(g) The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.

(h) The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

(i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

(j) (1) The non-Federal entity may use time and material type contracts only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk.

Time and material type contract means a contract whose cost to a non-Federal entity is the sum of:

(i) The actual cost of materials; and

(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.

(2) Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls.

(k) The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims.

These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts.

The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction.

§ 200.319 Competition.

(a) All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to:

(1) Placing unreasonable requirements on firms in order for them to qualify to do business;

(2) Requiring unnecessary experience and excessive bonding;

(3) Noncompetitive pricing practices between firms or between affiliated companies;

(4) Noncompetitive contracts to consultants that are on retainer contracts;

(5) Organizational conflicts of interest;

(6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and

(7) Any arbitrary action in the procurement process.

(b) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference.

Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.

(c) The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations:

(1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and

(2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.

(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period.

§ 200.320 Methods of procurement to be followed.

The non-Federal entity must use one of the following methods of procurement.

(a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed $3,000 (or $2,000 in the case of acquisitions for construction subject to the Davis-Bacon Act). To the extent practicable, the non-Federal entity must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable.

(b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources.

(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply.

(1) In order for sealed bidding to be feasible, the following conditions should be present:

(i) A complete, adequate, and realistic specification or purchase description is available;

(ii) Two or more responsible bidders are willing and able to compete effectively for the business; and

(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.

(2) If sealed bids are used, the following requirements apply:

(i) The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids;

(ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond;

(iii) All bids will be publicly opened at the time and place prescribed in the invitation for bids;

(iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder.

Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and

(v) Any or all bids may be rejected if there is a sound documented reason.

(d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:

(1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance.

Any response to publicized requests for proposals must be considered to the maximum extent practical;

(2) Proposals must be solicited from an adequate number of qualified sources;

(3) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients;

(4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and

(5) The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.

(e) [Reserved]

(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:

(1) The item is available only from a single source;

(2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or

(4) After solicitation of a number of sources, competition is determined inadequate.

§ 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

(b) Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

§ 200.322 Procurement of recovered materials.

A non-Federal entity that is a state agency or agency of a political…