Invitation to Bid (ITB) For Motor Vehicles. ITB No C The State of Florida Department of Management Services

Transcription

1 Invitation to Bid (ITB) For Motor Vehicles The State of Florida Department of Management Services October 2, 2013

2 Table of Contents Section 1. Introductory Section Introduction ITB Goals ITB Process Procurement Officer Addenda to the ITB Timeline of Events Disclosure of Bid Contents Withdrawal of Bid... 6 Section 2. Instructions to Bidders General Instructions Special Instructions Bid Submission Price Sheets Submission Alternate Responses Full-Service Repair Facilities Submission Supporting Documents Submission Manufacturer s Certification Submission Vendor Information Worksheet Mandatory Requirements Redacted Submissions Evaluation Criteria Basis of Award Who May Respond Contract Formation Section 3. Contract Conditions General Contract Conditions Special Contract Conditions Definitions Order of Precedence Ordering Instructions ITB Name: Motor Vehicles Page 2

3 3.2.4 Purchase Orders Pricing Ceiling Prices Charges and Fees The OEM Options Discount Prices and Discounts Negotiation Contract Price Quotes and Sales Literature / Technical Information Electronic Invoice Compliance with Laws Detail of Bills Public Records Intellectual Property Preferred Price Affidavit Requirement E-Verify Scrutinized Company List Commitment to Diversity in Government Contracting Business Review Meetings Ethical Business Practices Product Variations/Custom Orders Delays and Complaints Dedicated Web Site Requirement: Sales and Use Tax Insurance, Loss Deductible Insurance, Subcontractor's Public Liability and Property Damage Identical Evaluations of Replies Warranty Section 4. Scope of Work Scope Contractor s Company Information and Contacts Contract Quarterly Reports Commodities Title and Registration Transportation and Delivery Acceptance ITB Name: Motor Vehicles Page 3

4 4.7 Transaction Fee Reports Manufacturer s Last Order Date and Vehicle Change Contract Management Base vehicle representative model, OEM Option, and Aftermarket Option Specifications Conditions Options (OEM or Aftermarket), Features, and Components Federal and State Standards Acceptable Publications ITB Name: Motor Vehicles Page 4

5 Section 1. Introductory Section Introduction The State of Florida Department of Management Services Division of State Purchasing (Department or DMS) invites interested and qualified vendors to provide a response to the solicitation. The purpose of this solicitation is to establish a state term contract for the purchase of Motor Vehicles by State Agencies and Other Eligible Users. The Invitation to Bid will be administered using an e-sourcing tool through MyFloridaMarketPlace (MFMP) Sourcing Tool 3.0. ITB Goals The intent of the solicitation is to obtain the lowest prices of Motor Vehicles for the State of Florida while maximizing the quality and level of service. Qualified Vendors must have the capability to provide Motor Vehicles in all respects in accordance with the solicitation and to the satisfaction of the Department. The Department invites interested companies to submit bids in accordance with this ITB to establish a State Term Contract for Motor Vehicles with a term of 12 months. This Motor Vehicles Solicitation No C is anticipated to have an average annual volume of $17.5 Million. This estimated volume is for information purposes only and should not be construed as representing actual, guaranteed, or minimum amounts under any new contract. ITB Process General Overview of the Process: the ITB process is divided into four phases. Phase one - Development Stage, where the ITB is launched. Phase two - The Pre-Bid Stage, Bidders receive the solicitation, review documents, and develop questions but cannot submit responses. A web-based Question and Answer Review Board (Message Board/Tab) within the Sourcing Tool is provided to allow questions, and the Department will provide answers to the questions submitted responding in writing to all participants via an Addendum to the Solicitation distributed via the Vendor Bid System and the MFMP sourcing tool. Phase three - Evaluation for responsiveness. All responsive bids will be reviewed. Phase four - The Award stage, the Department will post a notice of intended contract award, identifying the responsive and responsible awarded vendor(s). Procurement Officer The Procurement Officer is the sole point of contact from the date of release of this ITB until the contract award is made. The Procurement Officer for this ITB is: Charles Day, CPPB Contract Manager, Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL Phone: ITB Name: Motor Vehicles Page 5

6 Addenda to the ITB The Department reserves the right to modify this ITB by issuing addendums. Addendums will be posted on the Vendor Bid System (VBS) and the MFMP Sourcing Tool. It is the responsibility of the Bidder to check for any changes. Timeline of Events The table below contains the timeline of events for this solicitation. Bidders should become familiar with the Timeline of Events. The dates and times within the Timeline of Events may be subject to change. It is the responsibility of the Bidder to check for any changes. All changes to the Timeline of Events will be through an addendum to the solicitation. Timeline of Events Motor Vehicles ITB Notification posted in the VBS and complete solicitation posted in the MFMP Sourcing Tool. Event Time (EDT) Event Date Note: Solicitation will initially be in Preview status where Bidders can view/download all information and ask questions, but cannot input or submit bid. 4:00 P.M. 10/02/2013 Deadline to submit questions via the MFMP Sourcing Tool Messaging Tab. 5:00 P.M. 10/09/2013 Department will post answers to Bidders questions as an addendum to the solicitation within the MFMP Sourcing Tool. 2:00 P.M. 10/14/2013 Bidders may begin submitting bids. 8:00 A.M. 10/14/2013 Deadline to submit bid, including all required documents in MFMP Sourcing Tool. 10:00 A.M. 10/21/2013 Bid Opening to be held at 4050 Esplanade Way, Suite 360, Tallahassee, FL Conference Call Information: Call number ; Conference Code: then # 10:01 A.M. 10/21/2013 Anticipated date to post Notice of Intent to Award. 8:00 A.M. 10/29/2013 Anticipated contract start date. 12:00 A.M. 11/01/2013 Disclosure of Bid Contents All documentation produced as part of the ITB will become the exclusive property of the Department and will not be returned to the Bidder unless it is withdrawn prior to the bid opening in accordance with section 2.2. Withdrawal of Bid ITB Name: Motor Vehicles Page 6

7 Bidders may modify a bid at any time prior to the bid due date. For information about submitting and modifying bids refer to the training aids and tools located at: ace/mfmp_vendors/vendor_toolkit/vendor_training_opportunities or contact the MFMP helpdesk at vendorhelp@myfloridamarketplace.com. ITB Name: Motor Vehicles Page 7

8 Section 2. Instructions to Bidders Section 2 contains the General Instructions and Special Instructions to Respondents. Special Instructions are contained below. 2.1 General Instructions The General Instructions to Respondents, PUR 1001 is hereby incorporated by reference and provided via this link: In the event any conflict exists between the Special Instructions and General Instructions, the Special Instructions shall prevail. 2.2 Special Instructions Bid Submission Bidders shall submit their bids electronically via the MyFloridaMarketPlace Sourcing Tool ( Bidders must have a current vendor registration and be active for Sourcing Events within the MFMP Vendor Information Portal ( Bidders should download the MFMP Participation Instructions to Bidder, for detailed instructions on how to participate within the MFMP Sourcing Tool 3.0. The Response shall include all appropriate pricing, discounts, documents, forms, files, question responses, and information responses located within the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or requested pricing, discounts, documents, forms, files, question responses, and information responses will be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated Price Sheets Submission Download the Price Sheets that shall be submitted as described or referenced within this Section, Submit Pricing in accordance with Special and General Conditions, Section 3.2.6, Pricing. The Price Sheets are contained within a separate Microsoft Excel workbook. The Price Sheet tabs contain twenty (20) Commodity Code Groups each with individual lines (rows) for each related base vehicle representative model (listed in alphabetical order by brand name, and then by vehicle size / variation / configuration divided into sub-groups for organizational purposes) and its associated fields and links: a) Line No., b) Base Vehicle Representative Model, c) Alternate Fuel Capability, d) Base vehicle representative model organization name, e) Base vehicle representative model price ($##,###) f) OEM Options Discount (##.##%) field, g) Estimated lead-time in Days (###) field, ITB Name: Motor Vehicles Page 8

9 h) Manufacturer s Last Order Date (##/##/####), i) Evaluated price (as automatically calculated per Section , Basis for Award), and j) up to eleven (11) Aftermarket Options of Various Descriptions, k) Aftermarket Option, l) linked Commodity Code Group Specification, and m) linked Aftermarket Options Specification(s). Bidders are encouraged to respond for as many of the provided base vehicle representative models (with their associated fields) as they may choose to bid, but for each base vehicle representative model bid, all related information must be supplied and submitted in the appropriate areas, provided locations, and formats required on the Price Sheets. Unless stated otherwise, the Bidder must complete the following fields for each bid in the Price Sheets, Price Sheet tab: Organization Name; Base vehicle representative model price ($##,###); OEM Options Discount (##.##%); Estimated Lead-time in Days (###); and Aftermarket Option: [Various Description] Price ($##,###). [Note: Aftermarket options are not authorized on all Base Vehicle Representative Models.] The blue fields (cells) on the Price Sheets, are the places where the Bidder may bid specific base vehicle representative models (with their associated fields) and is required to supply accurate and complete information per Section 3.2.6, Pricing. These Blue fields (cells) on the Price Sheets may contain bracketed notes providing instructions and requirements to assist the Bidder in providing the required information in the required format. Where provided, the Bidder shall follow the instructions and formats noted in any bracketed instructions. The yellow colored shaded cells on the Price Sheets, automatically calculate the evaluated prices for each base vehicle representative model, OEM options, and aftermarket options which the Department will use in selecting contractors for award in accordance with Section , Basis of Award. Should a Bidder not bid a specific base vehicle representative model, they shall leave the associated line (row) and fields untouched or blank (do not delete the line (row)). Where a base vehicle representative model price is bid, the Bidder must also bid the OEM Options Discount and any Aftermarket Option(s) (per Section , Basis for Award). The Bidder may bid as many of the Aftermarket Options as possible. Bids for base vehicle representative models that do not include an associated OEM Options Discount and any associated and required Aftermarket Option must be entered into the Price Sheets, as a value of $0.00, or will be rejected as nonresponsive. Values entered for OEM Options or Aftermarket Options without biding the associated base vehicle representative model will be rejected as nonresponsive. All Prices (Credits) will be in U.S. Dollars, whole ($USD; e.g., $99,999 or $99,999); all Discounts shall be a positive Percentage to the one-hundredth decimal place (%; e.g., ITB Name: Motor Vehicles Page 9

10 99.99%); all dates will be in full standard numerical format (e.g., mm/dd/yyyy); and all Numbers shall be a positive in standard numerical format (e.g., ##,###). Should a Bidder submit a response that does not meet or exceed the solicitation s requirements, specifications, terms, and conditions, and is not listed or referenced as a Representative Model in the applicable solicitation documents, that bid will be disqualified as non-responsive. The Department, in its sole discretion, shall determine the acceptability of a commodity or contractual service bid. The Price Sheets shall be submitted to the Department electronically using the MFMP Sourcing Tool. Failure to properly submit completed Price Sheets, with the Response shall result in the Bidder being deemed non-responsive Alternate Responses Bidder may not submit more than one bid for each listed Base Vehicle Representative Model (Base Vehicle Representative Model Price, OEM Options Discount, and Aftermarket Option Prices). Within the bid for each Base Vehicle Representative Model, the Bidder shall submit pricing and discounts on a statewide basis, as provided in the Price Sheets. The Department seeks each Bidder s single-best Response by Base Vehicle Representative Model Full-Service Repair Facilities Submission Bidder must have a minimum of one (1) Full-Service Repair Facility in the State from which the commodities bid may be installed, serviced, and repaired under Warranty and the terms of the Contract, if awarded. In Section 2.2.8(a), Qualification Questions, Bidder shall submit with their Response an answer in the MFMP Solicitation Tool attesting to this requirement. The Bidder may be required by the Department to submit additional information deemed important by the Department regarding the Full-Service Repair Facilities during the term of the Contract, if awarded. Additionally, the Department may require written verification from each Full-Service Repair Facility indicating their willingness to honor all applicable Contract requirements, specifications, terms, and conditions for the duration of the Contract, during both the original term of the Contract, if awarded Supporting Documents Submission By submitting a Response, each Bidder certifies that it agrees to and satisfies all criteria specified in the solicitation. Failure to provide any supporting information or documentation as requested will result in the disqualification as non-responsive of the Response and or Contract, if awarded Manufacturer s Certification Submission Download the Current Manufacturer s Certification form. Bidder shall submit one completed Manufacturer s Certification form for each Manufacturer they represent and offer Commodities for as part of their Response. The Manufacturer s Certification form must certify that the Bidder is the Manufacturer or Dealer of the Manufacturer. Third-party relationships (e.g., Manufacturer s Certification of a Vendor who in turn is represented by a separate Bidder) will not be accepted. Bidder (Manufacturer or Dealer) must submit the Current Manufacturer s Certification form(s) as part of their respective Response. The Manufacturer s Certification form shall be executed by the Manufacturer only and may not be completed by the Dealer. Dealer agreements will ITB Name: Motor Vehicles Page 10

11 not be accepted in lieu of a Manufacturer s Certification form. The Manufacturer s Certification form shall be submitted to the Department electronically using the MyFloridaMarketPlace Sourcing Tool. Failure to provide a complete and compliant Manufacturer s Certification form with the Response shall result in the Bidder being deemed non-responsive Vendor Information Worksheet Download the Vendor Information Worksheet. Bidder shall submit one completed Vendor Information Worksheet form with their Response. This form identifies persons responsible for answering questions about the Response and administering the Contract; and, provides information necessary for placing orders under the Contract. Failure to provide the Vendor Information Worksheet form with the Response may result in the Bidder being deemed non-responsive Mandatory Requirements The Bidder shall comply with all Mandatory Requirements as set forth in this section in order to be considered for selection under this ITB. The Procurement Officer will examine each reply to determine whether the Response meets the Mandatory Requirements as specified in this section. The Department will not evaluate responses from Bidders who answered No to any of the Mandatory Requirements and who do not upload the required documentation listed in this section. a) Qualification Questions Bidders will submit a Yes/No Response to the following qualification questions within the MFMP Sourcing Tool Does the Bidder certify that they are authorized to respond on behalf of their company to this ITB? Does the Bidder certify that they are not on the Suspended and Convicted Vendors list as defined and identified in the PUR 1001, General Instructions? Does the Bidder certify that they are not on the Scrutinized Companies list as specified in Section : Scrutinized Company List of the ITB? Does the Bidder certify that they will, if awarded, agree to submit to the Department, at least annually, the completed signed Preferred Pricing Affidavit as outlined in Section : Preferred Price Affidavit Requirement? Has the vendor submitted the name and address of at least one Full-Service Repair Facility in the state from which the Commodities offered may be installed, serviced, and repaired under Warranty and the terms of the Contract? Does the Bidder certify that it agrees to and satisfies all criteria specified in the solicitation documents? Does the Bidder have a minimum of at least five years experience providing the products and services described in this ITB? Does the Bidder have at least three references from Eligible Users in the State of Florida, excluding the Department? ITB Name: Motor Vehicles Page 11

12 b) Mandatory Bidder Documentation Bidders must upload an electronic copy of each of the following required documents into MFMP Sourcing Tool 3.0. Scanned copies of original documents are acceptable. MFMP accepts file sizes up to 20 megabytes in size Current Department of State Registration Form (Authority to do Business in the State of Florida). Upload the Current Department of State Registration Form HERE References All Bidders shall furnish a minimum of three references from Eligible Users. The reference must contain the name of the Customer or entity, contact name, address, phone number, and address. The Department reserves the right to contact the customer regarding the services provided. Upload the References document HERE Purchase Orders or Invoices All Bidders shall submit at least three purchase orders or invoices sold to Eligible Users completed in Florida from July 1, 2010, through June 30, 2012, over the amount of $5,000.00, including the Customer or Agency/Other Eligible User, name of the responsible personnel, phone number where the specific Motor Vehicles were delivered. Copies of the purchase orders or invoices must be legible and identify the date, Eligible User, specific vehicle model and price. Note: the Department cannot be submitted as a reference for this ITB. The Department reserves the right to contact the Eligible User regarding the services provided. Upload the copies of Purchase Orders or Invoices HERE Principal Place of Business Any Bidder whose principal place of business is outside of this state must submit with its bid a written opinion of an attorney at law, licensed to practice law in that foreign state, as to the preferences, any or none, granted by the law of that state to its own business entities whose principal place(s) of business are in that foreign state in the letting of any or all public contracts. For the purpose of this ITB, principal place of business means the state in which the Bidder s high level officers direct, control, and coordinate the Bidder s activities. If the lowest responsible and responsive Bid is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of personal property to a person whose principal place of business is in such state, then the Department will award a preference to the lowest responsible and responsive vendor having a principal place of business ITB Name: Motor Vehicles Page 12

13 within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. Upload the written opinion of an attorney at law HERE Savings / Price Reductions Submission Bidder shall submit one accurately completed Savings / Price Reductions form with their Response. Upload the completed Savings / Price Reductions form HERE Redacted Submissions The following subsection replaces section 19 of the PUR If Respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, Respondent must also simultaneously provide the Department with a separate redacted copy of its response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department s solicitation name, number, and the name of the respondent on the cover, and shall be clearly titled Redacted Copy. The Redacted Copy shall be provided to the Department at the same time Respondent submits its response to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. The Respondent shall be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. Further, Respondent shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Respondent s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If Respondent fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by Respondent in answer to a public records request for these records Evaluation Criteria The Department shall review bids using the criteria listed in Section Mandatory Requirements to determine responsiveness. Responses that do not meet all requirements of the solicitation or fail to provide all required information, documents, or materials shall be rejected as non-responsive. Bidders Responses, past performance, or current status that do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of a Contract shall be rejected as non-responsible. The Department reserves the right to determine which Responses meet the requirements of this solicitation, and which Bidders are responsive and responsible Basis of Award ITB Name: Motor Vehicles Page 13

14 The Department shall make a single award statewide to the responsive and responsible Bidder with the lowest evaluated price for each Base Vehicle Representative Model, including, if applicable, OEM Options and Aftermarket Option. In determining the lowest evaluated price the Department will use the scoring mechanism specified below. The evaluated price for each individual base vehicle representative model (with associated fields) offered is automatically calculated in the Price Sheets, as follows: a) Individual base vehicle representative model (with associated fields) listed as Commodity Code Group No , Line No. 1 shall be calculated as follows: Formula: B + ((B x 0.10) x (1 O)) = Evaluated Price Where: B = Base vehicle representative model price offered. Note: All Prices (Credits) must be in U.S. Dollars, whole ($USD; e.g., $99,999 or $99,999). O = OEM Options Discount offered. Note: All Discounts must be a positive Percentage to the one-hundredth decimal place (%; e.g., 99.99%). b) Individual base vehicle representative models (with associated fields) listed as Commodity Code Group No , Line Nos. 2, 3, 4, and 5 shall be calculated as follows: Formula: B + ((B x 0.10) x (1 O)) + A R = Evaluated Price Where: B = Base vehicle representative model price offered. Note: All Prices (Credits) must be in U.S. Dollars, whole ($USD; e.g., $99,999 or $99,999). O = OEM Options Discount offered. Note: All Discounts must be a positive Percentage to the one-hundredth decimal place (%; e.g., 99.99%). A R = Required Aftermarket Option Price offered. Note: All Prices (Credits) must be in U.S. Dollars, whole ($USD; e.g., $99,999 or $99,999). Additional Note: The Required Aftermarket Option is contained in the first column to the right of the Evaluated price column in the Price Sheets. c) Individual base vehicle representative models (with associated fields) within Commodity Code Group No ; listed as Commodity Code Group No , Line Nos. 2 and 3 and listed as Commodity Code Group No , Line Nos. 1, 2, 3 and 4; shall be calculated as follows: Formula: B + ((B x 0.08) x (1 O)) = Evaluated Price Where: B = Base vehicle representative model price offered. Note: All Prices (Credits) must be in U.S. Dollars, whole ($USD; e.g., $99,999 or $99,999). O = OEM Options Discount offered. Note: All Discounts must be a positive Percentage to the one-hundredth decimal place (%; e.g., 99.99%). ITB Name: Motor Vehicles Page 14

15 d) Individual base vehicle representative model Representative Models (with associated fields) listed as Commodity Code No , Line No. 5; shall be calculated as follows: Formula: B + ((B x 0.08) x (1 O)) + A R = Evaluated Price Where: B = Base vehicle representative model price offered. Note: All Prices (Credits) must be in U.S. Dollars, whole ($USD; e.g., $99,999 or $99,999). O = OEM Options Discount offered. Note: All Discounts must be a positive Percentage to the one-hundredth decimal place (%; e.g., 99.99%). A R = Required Aftermarket Option Price offered. Note: All Prices (Credits) must be in U.S. Dollars, whole ($USD; e.g., $99,999 or $99,999). Additional Note: The Required Aftermarket Option is contained in the first column to the right of the Evaluated Price column in the Price Sheets. e) Individual base vehicle representative models (with associated fields) within Commodity Code Group Nos , , , , , , , and shall be calculated as follows: Formula: B + ((B x 0.025) x (1 O)) = Evaluated Price Where: B = Base vehicle representative model price offered. Note: All Prices (Credits) must be in U.S. Dollars, whole ($USD; e.g., $99,999 or $99,999). O = OEM Options Discount offered. Note: All Discounts must be a positive Percentage to the one-hundredth decimal place (%; e.g., 99.99%). f) Individual base vehicle representative models (with associated fields) within Commodity Code Group Nos , , , , , , , and shall be calculated as follows: Formula: B + ((B x 0.05) x (1 O)) = Evaluated Price Where: B = Base vehicle representative model price offered. Note: All Prices (Credits) must be in U.S. Dollars, whole ($USD; e.g., $99,999 or $99,999). O = OEM Options Discount offered. Note: All Discounts must be a positive Percentage to the one-hundredth decimal place (%; e.g., 99.99%). Note: All Evaluated Prices of $0.00, showing error codes, or that do not include the base vehicle representative model price offer, OEM Options Discount offer, and Required Aftermarket Option Price offer, as required, will be rejected as nonresponsive. If there is a conflict between these instructions and the pricing sheet, these instructions shall control. ITB Name: Motor Vehicles Page 15

16 The Department will make a single statewide award to the responsive and responsible Bidder with the lowest evaluated price for each vehicle and vehicle configuration. The Department reserves the right to waive any minor irregularity Who May Respond The Department will accept Responses from responsive and responsible Motor Vehicle Manufacturers or Dealers, who are in good standing with the State of Florida, satisfying the requirements, specifications, terms, and conditions of the solicitation. To be eligible for award, a Bidder shall have the demonstrated capability to perform a statewide Contract in the State of Florida. By submitting a Response, each Bidder certifies that it agrees to and satisfies all criteria specified in the solicitation documents Contract Formation The Department will enter into a Contract with the Responsive and Responsible Bidder(s) identified in the Notice of Intent to Award posted on the Vendor Bid System. The Contract Cover Sheet will be completed with the information as provided in the bid. The completed Contract Cover Sheet, Sections 3 and 4, and the price sheets will compose the final contract document (Contract). Sections 3 and 4 of the ITB use the term Contractor in lieu of Bidder. In Section 3 and 4, the terms Contractor and Bidder are interchangeable. All Bidders must agree to the Contract terms and obligations with the knowledge that the successful Bidder(s) will become subject to those terms and obligations upon execution of the Contract. ITB Name: Motor Vehicles Page 16

17 Section 3. Contract Conditions Section 3 contains the General and Special Contract Conditions that will govern contract performance General Contract Conditions The General Contract Conditions, PUR 1000 is hereby incorporated by reference and provided via this link: The terms and conditions contained in therein shall have the same force and effect as if they were physically present in this document. In the event of a conflict between the PUR 1000 and any other term of this contract, the contract shall prevail Special Contract Conditions Definitions The following definitions apply: Aftermarket Option(s) means a Department specified optional aftermarket Manufacturer s component, feature, or configuration not specified by the Department as standard on the Base vehicle representative model and which is intended for the specific Vehicle and meets the requirements, specifications, terms, and conditions herein, and is installed to or uninstalled from the Base vehicle representative model by the Motor Vehicle Manufacturer, Port, and / or Dealer, as specified herein. PIO stands for "Port Installed Options." These items are installed on the vehicle after it leaves the foreign factory and arrives in the United States---literally "at port." Both Factory Installed Options and Port Installed Options must be factory approved. Therefore there is some price control. A port is a location on a coast or shore containing one or more harbors where ships can dock and transfer people or cargo to or from land. i. Base Vehicle Representative Model, Base Vehicle(s), Motor Vehicle(s), or Vehicle(s) unless otherwise stated, means a Department specified commodity, which meets the requirements, specifications, terms, and conditions herein, and may include components, features, and configurations different than those provided by a Manufacturer, Port, and Dealer on their standard base version of the Commodity. ii. iii. iv. Commodity(ies) means a tangible good, which may or may not meet the specifications herein. Commodity Code(s) means the State of Florida specified numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Confidential Information - Any portion of a Bidder s documents, data, or records disclosed relating to its response that the Bidder claims is confidential ITB Name: Motor Vehicles Page 17

18 and not subject to disclosure pursuant to chapter 119, Florida statutes, the Florida Constitution, or any other authority that is clearly marked Confidential. v. Component, Feature or Configuration means an element, piece, part, module, package, element group, piece group, parts group, module group, or package group of a Commodity, base vehicle representative model, OEM Option, Aftermarket Option, or Representative Model. vi. vii. viii. ix. Contract - The agreement that results from this competitive procurement, if any, between the Department and the vendor identified as providing the best value to the State. (This definition replaces the definition in the PUR 1000). Contractor(s) means the Bidder that has been awarded and contracts to sell Commodities and/or contractual services, which meet the requirements, specifications, terms, and conditions herein, to an Eligible User. Dealer(s) means a Manufacturer s certified representative authorized by the Manufacturer to market, sell, provide, and / or service specific Commodities and / or services. Department" means the Florida Department of Management Services. x. Eligible User - See Eligible User definition in 60A-1.005, Florida Administrative Code. xi. MSRP is an acronym for the Manufacturer s Suggested Retail Price. It represents the Manufacturer s recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the purchaser for specific commodity without benefit of a Contract resulting from the solicitation, if awarded. xii. xiii. xiv. xv. xvi. MSRP List(s) is an acronym for the Manufacturer s Suggested Retail Price List, a collection of MSRPs and related information. OEM or Manufacturer(s) means the Original Equipment Manufacturer or original producer of a Commodity and/or service. OEM Option(s) means a Motor Vehicle Manufacturer s optional component, feature, or configuration not specified by the Department as standard on the Base vehicle representative model, and which is intended for the specific Base vehicle representative model. The equipment meets the requirements, specifications, terms, and conditions herein, and is installed to or uninstalled from the Base vehicle representative model by the Manufacturer, Port, and/or Dealer, as specified by the Manufacturer. OEM Options MSRP Credit means a price of the OEM Option that will result in a negative number. "Procurement Officer," Contract Manager, or Contract Administrator means the Buyer's contracting personnel, as identified in Section 1.4 or as amended by the Department. ITB Name: Motor Vehicles Page 18

19 xvii. xviii. xix. xx. Representative Model(s) means a Manufacturer s name, trade name, brand name, make name, model name, model number, catalog number, or other information listed by the Department herein, which, if properly equipped per the requirements, specifications, terms, and conditions, may meet or exceed the applicable requirements, specifications, terms, and conditions herein State The State of Florida. State Term Contract - A term contract that is competitively procured by the Department pursuant to section , Florida Statutes, and that is used by agencies and eligible users pursuant to section , Florida Statutes. Vendor(s) means the entity that believes itself capable and is in the business of providing a Commodity and / or service similar to those within the solicitation, and may or may not respond to the solicitation Order of Precedence The Contract Commodities and Service Level Deliverables as identified shall be provided in accordance with the following requirements, specifications, terms, and conditions. Should there be a conflict between these Contract components resolution will be obtained by the following order of precedence: Section 4, Statement of Work Section 3, Contract Conditions Special Conditions General Conditions The Price Sheets (As Approved by the Department) Signed Contract Ordering Instructions(AKA Vendor Information Worksheet) These instructions are created by the MFMP Team with assistance from DMS. The focus is to direct the customer with the proper method of purchasing the goods and/or services awarded based on direction from the supplier and previous experience with such commodities. The Contractor agrees to meet the following requirements: a) Provide appropriate contact information for customers to use for product and /or service inquiries and purchases, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the statewide contract; and b) Acknowledgement of Order The Acknowledgement of Order form shall be used by the Contractor to notify the ordering Customer of the receipt of the Purchase Order for Commodities awarded under the Contract, and depending on the appropriate clause selected by the Contractor, will either: i. Accept Order: Constitutes acceptance by the Contractor to deliver the awarded commodities listed on the Purchase Order under the prices, discounts, ITB Name: Motor Vehicles Page 19

20 requirements, specifications, terms, and conditions of the Contract and Purchase Order. The Contractor must provide on the form: the estimated delivery date of the ordered base vehicle representative model, including if applicable, OEM and Aftermarket Options, and the Manufacturers order confirmation information, unless the Contractor has the base vehicle representative model and if applicable the OEM and Aftermarket Option(s) in their possession, or ii.production Cutoff Notification: Provide notification to the Customer that an awarded Commodity s Manufacturer s Last Order Date is past under the Contract and the Contractor is unable to provide the next new model year of the awarded Commodity at the Contract Prices, Discounts, requirements, specifications, terms and conditions. The Customer will have the option to cancel the Purchase Order without penalty, or maintain the Purchase Order knowledgeable of the risk of potential non-delivery without recourse. See Section 4.8, Manufacturer s Last Order Date and Vehicle Change, for specific Manufacturer s Last Order Date requirements, terms, and conditions. For circumstances in which the Contractor does not have the awarded commodities in stock and cannot deliver the commodities to the Customer within fourteen calendar days, the Acknowledgement of Order form, shall be fully completed and issued by the Contractor notifying the Customer of the receipt of the Purchase Order for commodities awarded under the Contract, the Manufacturer s order confirmation information, and the estimated delivery date. The Contractor must mail, , or fax the fully completed Acknowledgement of Order form to the ordering Customer s issuing office within fourteen calendar days from the date the Contractor receives the Purchase Order under the Contract. Failure of the Contractor to provide the ordering Customer the Acknowledgement of Order form within fourteen calendar days from the date the Contractor received the Purchase Order will be considered acceptance of the order by default, which, if necessary, shall require the provision of the next new model of the Commodity, which meets the Prices, Discounts, requirements, specifications, terms, and conditions herein. Submission of the Acknowledgement of Order form is to be the responsibility of the Contractor without prompting or notification by the Contract Manager, administrator, or Customer. Repeated failures by the Contractor to submit completed Acknowledgement of Order forms to the ordering Eligible Users shall be cause for default proceedings or Contract termination. c) If orders are to be sent to resellers or distributors for fulfillment then the Contractor is responsible for providing this list of authorized resellers or distributors for use; and d) The accuracy of this information must be maintained by Contractor throughout the duration of the statewide contract, ITB Name: Motor Vehicles Page 20

21 Should the Contractor be the Manufacturer (not a Dealer) of the Commodities and / or contractual services awarded, they may also include specific Dealer information in the Ordering Instructions in the provided locations. The Manufacturer as Contractor who elects to also include specific Dealer information within the Ordering Instructions is also required to appropriately register the listed Dealers as locations under the Contractor s vendor registration in the State of Florida Vendor Registration System (Vendor Information Portal ( VIP ): The Manufacturer as Contractor is fully responsible for compliance with all the prices, discounts, requirements, specifications, terms, and conditions of the Contract and for any actions or inactions of the Dealer(s) they include in the Ordering Instructions, Contractor agrees that DMS controls which statewide contracts appear in MFMP and that DMS may elect at any time to remove any Contractor s offering from MFMP. Contractor must be able to accept Purchase Orders via Fax, cxml or EDI INT AS 12Organizational Updates. It is the responsibility of the Contractor to notify the Contract Manager of any updates to organization information, relevant personnel, and contact information contained in the Vendor Information Worksheet. The Contractor shall notify the Department of a requested change to the Vendor Information Worksheet, in writing ( is acceptable) and received by the Contract Manager no later than ten (10) business days prior to the effective date of the proposed change. The Department may accept or reject any proposed change, or may unilaterally amend the Ordering Instructions as it deems is in the best interest of the State and / or will best assist Eligible Users Please Note: Any changes to the Vendor Information Worksheet will also require the Contractor to appropriately update their vendor registration in the State of Florida Vendor Registration System (Vendor Information Portal ( VIP ): Contractor Information: Contractor Information will be viewable via a link from the individual Line No. s Organization Name field in the Price Sheets. Click on the specific link for the associated Contractor Purchase Orders All orders by Eligible Users of the Contract shall be placed using a Purchase Order. Purchase Orders issued by Eligible Users shall be in accordance with the Ordering Instructions, Prices, Discounts, requirements, specifications, terms, and conditions of the Contract. The Contractor and the Eligible User agree to the following: i. Under the Contract, Eligible Users may only place and Contractors shall only accept Purchase Orders for Commodities the Contractor is awarded. ii. For each Motor Vehicle ordered, Eligible Users are responsible for notating the following information on and with the Purchase Order based on their negotiations (per Section 3.2.7, Ceiling Prices) with the Contractor: c) Eligible User s issuing officer and contact information; d) Contractor Information from the Ordering Instructions; ITB Name: Motor Vehicles Page 21

22 e) State Term Contract Number and Name; f) Base vehicle representative model Information: Commodity Code and Line Number (###-###-##), base Description, and price (per Section 3.2.7, Ceiling Prices); Note: Specify paint/finish color if other than the OEM s standard white (or other standard color if white is not available from the Manufacturer). OEM Option Information (if applicable, individually listed): Manufacturer s Option Code and Description, OEM Option MSRP, OEM Option Discount, and OEM Option Net Price or OEM Option MSRP Credit (as applicable, per Section 3.2.7, Ceiling Prices). Note: State Agencies must include a copy of the applicable Quote (per Section , Contract Price Quotes and Sales Literature / Technical Information) and accompanying OEM Option MSRP List with any submitted Requisition. g) Aftermarket Option Information (if applicable, individually listed): Aftermarket Option Description and Aftermarket Option Price (per Section 3.2.7, Ceiling Prices); h) New License Plate Fee (if applicable, per Section 4.4, Commodities Title and Registration); and i) Any Eligible User special instructions, requirements, specifications, terms, and conditions; j) The total cost for the Base Vehicle Representative Model, OEM Option(s) (if any), Aftermarket Option(s) (if any), and New License Plate Fee (if applicable). k) Contractor will place all orders received with the Manufacturer(s) within seven calendar days after receipt of the Purchase Order unless the Contractor has the base vehicle representative model, OEM Option(s) (if applicable), Aftermarket Option(s) (if applicable) ordered in their possession. All orders placed with the Manufacturer(s) shall be made in full compliance with the requirements, specifications, terms, and conditions herein. l) Contractor shall honor all Purchase Orders received during the Contract period and which precede the Manufacturer s Last Order Date (see Section 4.8, Manufacturer s Last Order Date and Vehicle Change, for specific requirements, terms, and conditions) for Commodities the Contractor is currently awarded. This may require the provision of the next new model year of the awarded Commodity, which meets the specifications herein, at the existing Contract Prices, Discounts, requirements, terms, and conditions. m) Contractor, from receipt of the Purchase Order until Delivery is made to the ordering Eligible User, shall promptly notify the Eligible User of any potential Delivery delays. Additionally, the Contractor must promptly advise the ordering ITB Name: Motor Vehicles Page 22

23 Eligible User if their order may not be delivered prior to the end of the Eligible User s Fiscal Year (State Agency s Fiscal Year ends June 30). Note: Evidence of intentional delays in Delivery shall be cause for default proceedings and/or Contract termination Pricing The Contractor shall adhere to the prices submitted in the completed Price Sheets, which are incorporated by reference into the Contract Ceiling Prices The Base Vehicle Representative Model price, individual OEM Options Net Price or OEM Options MSRP Credit, and the Aftermarket Option Price for each Representative Model described in the Price Sheets, will be the not-to-exceed Ceiling Price during the Contract period Charges and Fees In addition to total profit, the Ceiling Prices established for the Base Vehicle Representative Models, OEM Options Net Prices (after the OEM Option Discount is applied to the MSRP) or OEM Options MSRP Credits, and the Aftermarket Option Prices shall include the following charges and fees: a) Administrative b) Environmental c) Title Application and Registration d) Plate Transfer e) Preparation f) Handling g) Freight h) Shipping i) Delivery to any point within the State of Florida j) Warranty k) Any other charges or fees necessary to deliver the base vehicle representative model according to the requirements, specifications, terms, and conditions, exclusive of taxes. l) Installation (For Options) The OEM Options Discount The discount percentage, listed for the Base Vehicle Representative Model s OEM Options, shall be the minimum discount percentage applied off the current MSRP (Price, not Credit) for OEM Options during the Contract period. If an OEM Option has a positive MSRP (e.g., $1.00), then the OEM Option Discount (e.g., 10.00%) will provide a lower OEM Option Net Price for the individual OEM Option (e.g., $1.00 MSRP 10.00% OEM Options Discount = $0.90 OEM Option Net Price); OEM Options Net Prices shall be rounded to the nearest whole cent; OEM Options MSRP Credits will be as stated in the MSRP List (per Section 3.2.1, Definitions, MSRP ) Prices and Discounts Negotiation Eligible Users may, when placing orders, negotiate Prices and Discounts for the contracted Base vehicle representative models, OEM Options, and Aftermarket Options with the Contractor, provided the Prices and Discounts do not exceed the Ceiling ITB Name: Motor Vehicles Page 23

24 Prices for the respective Base vehicle representative model, OEM Option, and Aftermarket Option. The Contractor is prohibited from negotiating Prices or Discounts that exceed the Ceiling Prices set forth in the Price Sheets, and from invoicing or billing at Prices and Discounts that exceed the total on the Purchase Order. The Ceiling Prices are only subject to revisions per Sections 3 and 4, Price Changes Applicable only to Term Contracts; General Contract Conditions (PUR 1000) and any revisions must have received the prior approval of the Department Contract Price Quotes and Sales Literature / Technical Information Eligible Users shall request and the Contractor will provide Contract Price Quotes related to all acquisitions under the Contract. The Contractor agrees that Contract Price Quotes provided to an Eligible User shall be submitted for only those Commodities which the Contractor is awarded, and that the awarded Commodities quoted are the minimum required to meet the Eligible User s needs. All Contract Price Quotes will be according to the Prices, Discounts, requirements, specifications, terms, and conditions of the Contract, and will include the following: a) Quotation Date. b) Quotation Number (as applicable). c) Contractor Information d) State Term Contract Number and Name. e) Base vehicle representative model Information: Commodity Code and Line Number (###-###-##), Description, and price (per Section 3.2.7, Ceiling Prices). f) OEM Option Information (if applicable, individually listed): Manufacturer s Option Code and Description, OEM Option MSRP, OEM Option Discount, and OEM Option Net Price or OEM Option MSRP Credit (as applicable, per Section 3.2.7, Ceiling Prices). Note: The Contractor will provide a complete separate copy of the applicable current MSRP List(s), per Section 3.2.1), Definitions, MSRP to verify the OEM Option Net Price or OEM Option MSRP Credit Quoted. g) Aftermarket Option Information (if applicable, individually listed): Aftermarket Option Description and Aftermarket Option Price (per Section 3.2.7, Ceiling Prices). h) New License Plate Fee (if applicable, per Section 4.4, Commodities Title and Registration). i) Total State Term Contract Price (sum of Base vehicle representative model Price, OEM Options Net \Price(s), OEM Options MSRP Credit(s), Aftermarket Options Price(s), and new license plate fee(s), as applicable. Note: All Quotes will be firm and usable by the Eligible User for a period of ninety (90) calendar days, or until the Manufacturer s Last Order Date (per Section 4.8) or Contract termination date, whichever comes first. During the Term of the Contract, the Contractor shall supply printed Sales Literature and Technical Information to Eligible Users upon request, unless the literature and information requested is available on the Contractor s or Manufacturer s web site. If the literature and information is available on the Contractor s web site, the Contractor shall direct the requesting Eligible User to its specific website location. ITB Name: Motor Vehicles Page 24