ITB Document and updates are on the College website:

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1 INVITATION TO BID Cosmetology Kits ITB # INVITATION TO BID ITB Welding Equipment Date Issued: October 26, 2017 ITB Document and updates are on the College website: Daytona State College is seeking bids from qualified vendors to provide equipment for the Welding Program of the School of Workforce at Daytona State College. Details and requirements of products needed by the College are provided herein. Notice is hereby given that sealed bids will be received in the Purchasing Office, Building 1100, Room 122, 1100 Willis Avenue Daytona Beach, FL until 2:00 p.m. ET, November 15, 2017 at which time will be opened in Building 1100, Room 123. DIRECT INQUIRIES TO: Lori-Le Foote Purchasing Agent Telephone Number: (386) Fax Number: (386) Mail To: Daytona State College Attn: Purchasing Agent PO Box 2811 Daytona Beach, Florida Delivery to: Building 1100, Room Willis Avenue Daytona Beach, FL Upon receipt of this bid document, any and all communications regarding this bid must be made only to the Purchasing Office as noted above. Any violation of this condition could result in bid disqualification. This is a Sealed Bid - Fax replies will not be accepted. Daytona State College operates in accordance with the State of Florida Sunshine Laws. 1

2 GENERAL CONDITIONS 1. INSTRUCTIONS TO BIDDERS: To insure consideration of your bid, please follow these instructions. Bids not in compliance with conditions specified herein are subject to rejection. 2. SEALED BIDS: One bid marked Original, one copy, and one digital copy (via USB flash drive in PDF format) must be in the Purchasing Department by the date and time specified. The Bid Reply Sheet, Attachment A, Attachment B, Attachment C and any signed addenda issued shall be included. Bids must be sealed and clearly labeled with the following information: a. Name and address of Bidder b. Bid number c. Date and time of Bid Opening 3. PREPARATION OF BID: All information shall be entered in ink, typewritten, or produced by computer. It is your responsibility to make certain that unit prices and extended prices are correct. In case of discrepancy in computing the amount of the bid, the Unit Price quoted will govern. The College will not be responsible for errors or omissions made by the Bidder in determining bid price(s). The bid must contain a manual signature of an authorized representative of the agency in order to be considered responsive. In order to insure uniformity, bids must be submitted on this Bid Form or copies thereof. The College shall not be responsible for any cost or expense incurred by the Bidder in preparing or submitting a bid or any cost prior to the execution of a contract agreement. 4. NO BID: If unable to submit a bid, please sign and return NO BID Response sheet by return mail, or fax. To ensure inclusion in future bids, a Bidder should submit the NO BID Response Sheet to be received by the Purchasing Department no later than the stated bid opening date and time. 5. OBLIGATION OF BIDDER: By submitting a bid, the Bidder covenants and agrees that they have satisfied themselves from their own investigation of the conditions to be met, that they fully understand their obligation and that they will not make any claim for, or have right to cancellation or relief from the contract because of any misunderstanding or lack of information. 6. QUESTIONS REGARDING ITB: Questions regarding any portion of this ITB shall be submitted via to Lori-Le Foote at Lori-Le.Foote@daytonastate.edu. All such requests must be received no later than 5:00 p.m., Eastern Time, November 3, Requests for more information will be included in any addenda and will be made available to all Bidders. Additional questions received after the deadline will not receive a response. Responses will not be made orally. Any additional information pertaining to this ITB or to the services being sought hereunder obtained in a manner other than as described in the preceding paragraph should 2

3 be regarded as unofficial. Daytona State College will not be bound in any way by information so obtained, or by a Bidder s reliance thereon. 7. COST DISCUSSIONS: The Bidder must not discuss cost information, except for clarification requested by the Purchasing Agent listed above, prior to the posting of bid results, with any employee, board member or authorized representative of the College. Violation of this restriction will result in rejection of the Bid. 8. ADDENDA: All addenda issued during the time of proposing shall become part of the Proposing Documents, and receipt thereof must be acknowledged in writing with the bid. The College accepts no responsibility for inaccurate bids due to missed information contained in any addendum. Each Bidder should ensure that they have received all addenda to the ITB before submitting their bids. Please access the college web site at for any addenda. 9. LATE BIDS: Bids will be publicly opened, read aloud and recorded, on the date and time indicated, at the location specified in the bid request. It is the Bidder s responsibility to make certain that his/her bid is in the hands of the Purchasing Office prior to the opening time at the specified location. Daytona State College accepts no responsibility for late or misdirected mail deliveries. Late bids will not be considered. 10. CONSIDERATION OF BIDS: The College reserves the right to award the contract to the Bidder(s) that the College deems to offer the best overall bid. The College is therefore not bound to accept a bid on the basis of lowest price. In addition, the College at its sole discretion, reserves the right to cancel this ITB, to reject any and all bids, to waive any and all informalities and/or irregularities, to re-advertise with either the identical or revised specifications, or not award a contract at all if it is deemed to be in the best interest of the College to do so. The College also reserves the right to make multiple or split awards if it is deemed to be in the College s best interest. The College also reserves the right to award by individual item, group of items, All or None or any combination thereof; with one or more suppliers. 11. OTHER CONSIDERATIONS: Quantities involved, purpose for which required, competency in determining responsibility, availability to deliver goods and/or perform services. 12. QUALIFYING BIDDERS: Daytona State College reserves the right to require a Bidder to submit such evidence of qualifications as it may deem necessary and may consider any evidence available concerning the financial and other qualifications of the Bidder. 13. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contract supplier, 3

4 subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 14. ADA: The vendor awarded this proposal shall agree to comply with the Americans with Disabilities Act (ADA) of BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for 90 days following opening of bids, to allow for formal action by the College Board of Trustees. The Bidder agrees that during such time his bid will remain firm and irrevocable. At the end of the 90 days, the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time, it remains in effect until a contract is awarded or the solicitation is canceled. 16. EVALUATION PROCESS: The College will evaluate all bids received and determine how effectively it satisfies the ITB. 17. BID AWARD/TERMS OF THE CONTRACT: A written contract and/or purchase order detailing agreed terms will be rendered between the College and the agency achieving a successful bid. Terms of the contract will include any and all items as specified in the bid, plus mutually agreed terms and conditions. The content of this ITB and all provisions of the successful bid response deemed pertinent by Daytona State College may be incorporated into a contract and become legally binding. Any award made under this ITB is contingent upon appropriations legislated by the State of Florida. All items must be individually priced for accounting purposes. 18. CLARIFICATION: The College reserves the right to request clarification of information submitted and to request additional information of Bidders, if required. 19. CONFLICT OF INTEREST: The award hereunder is subject to the laws of the State of Florida. All Bidders must disclose, with their bid, the name of any officer, director, or agent who is also an employee of the College. Further, all Bidders must disclose the name of any state employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder s firm or any of its branches. 20. TERMINATION: An agreement/contract resulting from this bid may be terminated by either party without cause at any time by one party giving the other party sixty (60) days prior notice. Notice shall be provided via a mail courier service with proof of delivery. 21. LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county and local laws, and all ordinances, rules, and regulations shall govern development, submittal and evaluation of all proposals received in response hereto and shall govern all claims and disputes which may arise between person(s) submitting a bid response hereto and the College. Lack of knowledge by any Proposer shall not constitute a cognizable defense against the legal effect thereof. Proposers have certain rights under Chapter 120, Florida Statutes. Failure to file a protest within the time prescribed in section (3), Florida 4

5 Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. Based on the evaluation, on the date indicated on the ITB Tentative Schedule, the Purchasing Department shall electronically post a notice of intended award at If the notice of award is delayed, in lieu of posting the notice of intended award, the Purchasing Department shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Purchasing Department a notice of protest within 72 hours after the electronic posting. The College shall not provide tabulations or notices of award by telephone. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee, officer, or executive of the college concerning any aspect of this solicitation, except in writing, to the Purchasing Department or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. 22. PAYMENT TERMS: The College will take Any Prompt Payment Discount offered by the Bidder if payment is made within the time period. However, only terms allowing 30 days payment will be considered in evaluating bids. 23. TAXES: Sales to Daytona State College are exempt from state sales tax. Florida sales tax exemption number C COOPERATIVE PURCHASE AGREEMENT: With the consent and agreement of the successful bidder(s) purchases may be made under this solicitation by other colleges, state universities, District school boards, and other educational institution within the State of Florida. Such purchases shall be governed by the same terms and conditions stated in the proposal solicitation as provided in the State Board of Education Rule 6A (2) (c). Bidder to notate below any exception to this requirement. Purchasing Agreement with other Public Agencies All proposers submitting a response to this solicitation agree that such responses also constitutes an offer to the public entities within the State of Florida under the same conditions, for the same price, and for the same effective period, should the proposer feel it is in their best interest to do so. Bidder shall notate below any exception to this requirement. 25. INSURANCE: The Contractor/Vendor shall purchase all necessary Workers Compensation Insurance, General Liability Insurance, Automobile Liability Insurance, and where applicable, Products Liability Insurance with the College being included as an additional named insured on the liability insurance policies. Certificates of Insurance on all such insurance coverage carried by the Contractor/Vendor shall be furnished to the College. Minimum limits for insurance to be provided shall be as follows: 5

6 a. Public Liability and Property Damage Insurance: The Contractor shall purchase and shall require each of the sub-contractors to secure and maintain during the life of the subcontract, insurance of the type specified herein or insure the activities of his/her subcontractors in his/her policy as specified. Commercial General Liability This policy must be on an occurrence basis, claims made forms are not acceptable. $1,000,000 Each Occurrence $ 100,000 Fire Damage (Any One Fire) $ 5,000 Medical Payments (Any One Person) $1,000,000 Personal & ADV Injury $2,000,000 General Aggregate $2,000,000 Products-Comp/OP Aggregate Comprehensive Automobile Liability Insurance (including hired and non-owned vehicles, if any) in limits of One Million Dollars ($1,000,000) Combined Single Limit each accident. Excess Liability or Umbrella - $1,000,000 b. Worker Compensation Insurance: The Contractor/Vendor shall maintain during the life of this agreement, Workers Compensation Insurance for all employees connected with the work of this project. If any work is being sublet, the Contractor/Vendor shall require the subcontractor to provide Workers Compensation Insurance for all subcontractor employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workers Compensation Statue, the contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the purchaser, for protection of his employees not otherwise protected. Workers Compensation Insurance in compliance with statutory limits, (F.S. 440): Employer s Liability -Five Hundred Thousand ($500,000) each accident, -Five Hundred Thousand ($500,000) Disease, each employee, -Five Hundred Thousand ($500,000) Disease, policy limit. Waiver of Subrogation Endorsement Include Waiver of Subrogation applies. Certificates evidencing that all of the above insurance coverage and limits are in force will be furnished to the College before any services are performed, at all renewal times, and will require written notification to the College at least thirty (30) days prior to any cancellation, termination, non-renewal, or modification. The words endeavor to and failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative should be omitted or lined out on the Certificate. 6

7 All insurance will be with insurers authorized to do business in Florida. *All policies should be Occurrence Form only. *The policy number will be provided on all certificates 26. INDEMNIFICATION: Proposers agree to indemnify and hold harmless the College, its officers, and employees from any claim, damage, liability, injury, expense or loss, including defense costs and attorney s fees, arising out of Bidder performance under this Agreement. Accordingly, the College shall notify Bidder promptly in writing of any claim or action taken against the College in connection with this agreement. On such notification, the Bidder shall promptly take over and defend any claims or actions. The College shall have the right and option to be represented in any such claim or action at its own expense. 27. EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following bid form, they must indicate so on their bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer s name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and must be included with the bid. No bids will be considered without this data. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as quoted in complete compliance with the specifications as listed in the bid form. 28. GRATUITIES OR GIFTS: The right of the Bidder to proceed may be terminated by written notice if, after notice and investigation, the College determines that the Bidder, its agents, or another representative: 1. offered or gave a gratuity or gift to an officer or employee of the College in direct violation of the College policies; and 2. intended by the gratuity or gift to obtain a contract or favorable treatment under a contract. If this contract is terminated for either (1) or (2) above, the College shall pursue the same remedies as in a breach of the contract. 7

8 29. SPECIFICATIONS: All equipment must meet the minimum specifications listed herein. Deviation from the minimum specifications must be thoroughly documented. The College reserves the right to be the final authority in determining if an item meets minimum specifications. 30. WARRANTY OF WORK: The Contractor warrants that all goods, supplies, equipment, design and work covered by this Contract shall be satisfactory for its intended purpose, shall conform to and perform as called for in the Contract requirements and specifications and shall be free from all defects and faulty materials and workmanship. Any goods, supplies, equipment, design and work found to be defective within one year from the date of final acceptance shall be repaired, remedied, or replaced hereinafter call corrective work, by the contractor, free of all charges including transportation. It is understood and agreed that time is of the essence in respect to all corrective work to be undertaken pursuant to the warranty herein contracted, expressed, or implied, and the contractor shall promptly commence corrective work upon receipt of written notice from the department. It is expected the contractor reply within 24 hours to the College s written notice. 8

9 BID DETAILS Part Number: Lincoln Electric K or equivalent Description: Power Wave C300 Advanced Process Welder Multi-Process Educational Ready- Pak Multi-Process Educational Ready-Pak Package Includes: K Power Wave C300 Base Unit K Understorage Cart K Magnum PRO Curve 300 Gun Package w/magnum PRO front end expendables K TIG Torch Twist Mate to Stud adapter K PTA-17 Pro-Torch TIG Torch with Ultra-Flex Cable, 12ft, 1pc. K Twist Mate Torch adapter KP508 Parts Kit for PTA-17 Series Torches Harris Flowmeter/Regulator & Hose K870-2 Foot Amptrol with 12-pin K Stick Electrode Holder and Cable (includes Twist Mate connector) The College is looking to purchase at least 16 units; however, depending on the price we may be able to purchase more units so we are requesting multiple price points. 9

10 BID REPLY SHEET Daytona State College ITB # Welding Equipment Bids are due in the Purchasing Office on November 15, 2017 no later than 2:00 p.m. ET Bid Format: The authorized representative of the agency submitting a bid for consideration shall address the following items: K Power Wave C300 Advanced Process Welder or equivalent Unit Price Extended Price Quantity 16 Extended Price for Quantity 17 Extended Price for Quantity 18 Extended Price for Quantity 19 Extended Price for Quantity 20 Part Number & Description if quoting an equivalent (See paragraphs 27 and 29) All items to be priced FOB Destination. Delivery time stated after receipt of P.O. days. If there is other information, you want to provide that is pertinent to this bid, mark it Additional Information and include with bid response. Addenda: The undersigned acknowledge receipt of the following Addenda. If no Addenda are received, include the word None in the blank spaces provided. Addendum No. Date Addendum No. Date 10

11 I certify that I am a representative of this company and authorized to submit this bid: Authorized Signature Printed Name Name of Company Address of Company Date Phone Fax Address 11

12 ITB # Welding Equipment NO BID Response Sheet This company elects to "NO BID" this Invitation to Bid for the following reason(s): I certify that I am a representative of this company: Authorized Signature Date Printed Name Phone Name of Company Fax Address 12

13 ITB TENTATIVE SCHEDULE Description Day/Date Advertise Invitation to Bid October 26, 2017 Questions regarding ITB due November 3, 2017 at 5:00PM Responses to questions (if any) On or before November 9, 2017 ITB Due Location: Purchasing Department Bldg. 1100, Rm Willis Ave Daytona Beach, Florida Bid opening Location: Purchasing Conference Room* Bldg. 1100, Rm. 123 November 15, 2017 at 2:00PM November 15, 2017 at 2:00PM Notice of Intent to Award November 22, 2017 * The Purchasing Conference room is located on the Daytona Beach Campus, 1100 Willis Ave, Daytona Beach, Florida

14 SWORN STATEMENT UNDER SECTION (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES Attachment A Any person submitting a Request for Proposal in response to this invitation must execute the enclosed for PUR 7068, SWORN STATEMENT UNDER PARAGRAPH (3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with the said statement. THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to: Daytona State College (print name of the public entity) By (Print name of entity submitting sworn statement) Whose business address is And (if applicable) its Federal Employer Identification No. (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph (1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 14

15 5. I understand that a "person" as defined in Paragraph (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which proposals or applies to proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement (indicate which statement applies). Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of the officers, directors, executive, partners, shareholders, employees, members, or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day of 20 Personally known OR Produced identification Notary Public - State of. My commission expires (Type of identification) 15

16 (Printed, typed and/or stamped commissioned name of Notary Public) A person or affiliate who has been placed on the convicted Firm list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Firm, supplier, Sub-Firm, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section , for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted Firm list. 16

17 Attachment B NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of, being first duly sworn, deposes and says that: He/she is of, Bidder that has submitted the attached Bid; He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; Neither the said Bidder nor any of its officers, partners, owners, agent representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Board of Trustees of Daytona State College. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signed Title Subscribed and sworn to before me this day of, 20. Name Title My Commission Expires: 17

18 Attachment C CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM IDENTICAL TIE BIDS - Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program, or if all of the tied vendors have drug-free workplace programs. In order to have a drug-free workplace program a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Bidding firm of entity name: Signature of vendor representative: Date: Type of printed name of vendor representative: 18