State Term Contract No Library Furniture. Between The Florida Department of Management Services and xxxx Corporation

Transcription

1 State Term Contract No Between The Florida Department of Management Services and xxxx Corporation This Contract is between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, FL , and xxxx Corporation (Contractor). The Contractor responded to the Department s Invitation to Bid (ITB), No: T, The Department has decided to accept the Contractor s bid and enter into this Contract in accordance with the terms and conditions of the ITB. Accordingly, and in consideration of the mutual promises contained in the Contract, the Department and Contractor agree as follows: I. Scope of Work The purpose of this Contract is to provide an instrument for governmental entities within the state of Florida to use for the acquisition of. It is intended that purchases under this agreement will meet the needs of state agencies and other Eligible Users in the performance of the respective entities core responsibilities. II. Contract Term The term of the Contract will be for four (4) years, and shall begin on February 21, 2015 or on the last date in which it is signed by all parties, whichever is later. III. Renewal Upon mutual agreement, the Department and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the Price Sheet(s). The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. IV. Contract The Contractor shall provide goods and services according to the terms and conditions set forth in this Contract, the ITB, and all other attachments named herein which are attached hereto and incorporated by reference. This Contract, together with the following attached documents (exhibits), set forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter.

2 All exhibits attached to this Contract are incorporated in their entirety and form part of this Contract. The Contract has the following exhibits: a) Exhibit A: ITB T including any issued addenda. b) Exhibit B: Contractor Pricing as provided in the bid response submitted on January 26, In case of conflict, the documents shall have priority in the order listed below: a) This Contract b) Exhibit A: with addenda c) Exhibit B: Contractor Pricing V. Amendments No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties. Notwithstanding the order listed in section IV. herein, amendments issued after the Contract is executed may expressly change the provisions of the Contract. If they do so expressly, then the most recent of them will take precedence over anything else that is part of the Contract. VI. Contract Notices All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, , or by personal delivery to the Department designee identified in the original solicitation, or as otherwise identified by the Department. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. VII. Contract Management The Department employee who is primarily responsible for maintaining the Contract administration file, and also serves as the Department s Contract Manager, shall be as follows: Jamie Harley Associate Category Manager Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL Telephone (850) Fax: (850) jamie.harley@dms.myflorida.com 1 Page

3 VIII. Vendor To perform as an independent vendor and not as an agent, representative, or employee of the Department. IX. Taxes To recognize that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. X. Severability, and Venue The contract shall be delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of the resulting contract shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision shall be found ineffective, then to the extent of such prohibition or invalidity, that provision shall be severed without invalidating the remainder of such provision or the remaining provisions of the resulting contract. Any action hereon or in connection herewith shall be brought in Circuit Court, Leon County, Florida. XI. Applicable Laws and Regulations Applicable Laws and Regulations: The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. For example, chapter 287, Florida Statutes (F.S.), and rule 60A, Florida Administrative Code (F.A.C.), govern the Contract. The Contractor shall comply with Section 274 A of the Immigration and Nationality Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran s status. Violation of any laws, rules, codes, ordinances, or licensing requirements shall be grounds for Contract termination or nonrenewal of the Contract. XII. Warranty of Authority Each person signing this Contract warrants that he or she is duly authorized to do so and to bind their respective party. State of Florida, Department of Management Services Contractor: xxxx Corporation Chad Poppell Secretary Date: Date: 2 Page

4 4050 Esplanade Way Tallahassee, Florida Tel: Fax: Rick Scott, Governor Chad Poppell, Agency Secretary CERTIFICATION OF CONTRACT TITLE: CONTRACT NO.: SOLICITATION NO.: T EFFECTIVE: February 20, 2015 through February 19, 2019 CONTRACTOR(S): 1. Agati 2. Borroughs Corporation 3. Estey Division of Tennsco Corporation 4. Everest Expedition, LLC. Dba The Worden Company 5. Spacesaver Storage System, Inc. A. AUTHORITY Upon affirmative action taken by the State of Florida, Department of Management Services, a Contract has been executed between the State of Florida and the above designated Contractors. The Certification of Contract is not a contract, but is used when a large number of contractors are covered under the same contract. It allows the Department to display a single version of the contract and lists the contractors included under that agreement. B. EFFECT The Contract was entered into to provide economies in the purchase of library furniture by all State of Florida agencies and institutions. Therefore, in compliance with Section , Florida Statutes, all purchases of these commodities shall be made under the prices, terms and conditions of the Contract and with the Contractors specified. C. ORDERING INSTRUCTIONS All purchase orders shall be issued in accordance with the attached ordering instructions. Products or services ordered shall not exceed the prices indicated. All Contract purchase orders shall show the State Purchasing Contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) 3 Page

5 The State of Florida Department of Management Services INVITATION TO BID ITB No: T LIBRARY FURNITURE 4 Page

6 TABLE OF CONTENTS Section 1 Introduction Bid Solicitation Objective Term Renewal Term Timeline of Events Order of Precedence for Solicitation Procurement Officer Limitation on Contact with Government Personnel (S (23), F.S.) ITB Process Question Submission Addenda to the ITB Special Accommodations Modification or Withdrawal of Bid Disclosure of Bid Contents Contract Formation Section 2 Instructions to Bidders General Instructions Special Instructions MFMP Registration How to Submit a Bid Who May Respond Bidder Qualification Questions Contents of Bid Part 1 - Past Performance Part 2 Federal General Services Administration (GSA) Information Part 3 - Price Sheet Submission Page

7 2.3.4 Part 4 Other information Evaluation Criteria Basis of Award Preference to Florida Vendors Tie Bids Rejection of Bids Redacted Submissions Section 3 Description of Scope Purpose Eligible Products Excluded Products Product List Delivery Warranty Price Price Adjustments Installation Charges Space Planning / Design Fees Purchasing Card Program Authorized Servicing Dealers Conformance to Codes Performance Bond Sales Literature / Technical Information Delays and Complaints Sales Requirements New Products Ordering Information Changes Authorized Servicing Dealer Changes Section 4 Contract Conditions Page

8 4.1 General Contract Requirements Special Contract Requirements Definitions Authorized Servicing Dealer Bidder(s) Commodity(ies) Confidential Information Contract Contractor(s) Eligible User Manufacturer Manufacturer s Price List State Vendor(s) Electronic Invoicing cxml (commerce extensible Markup Language) EDI (Electronic Data Interchange) PO Flip via AN Return of Funds Financial Consequences for Nonperformance Compliance with Laws, Rules, Codes, Ordinances, and Licensing Requirements Liability and Worker s Compensation Insurance Notice of Legal Actions Public Records Access to Public Records Redacted Copies of Confidential Information Request for Redacted Information Indemnification for Redacted Information Public Records Clause for Department Contracts Intellectual Property Page

9 4.12 Preferred Pricing Affidavit Requirement Records Retention Gifts Vendor Ombudsman Monitoring by the Department Scrutinized Company List E-Verify MFMP Transaction Fee and Reports Contract Quarterly Reports Diversity Reporting Business Review Meetings Contract Termination Force Majeure Additional Contract Provisions Section 5 Attachments Attachment A Authorized Servicing Dealers (Section 3.13) Attachment B Certification of Drug-Free Workplace (Section ) Attachment C Contract Revision Request Attachment D Ordering Information (Section 3.20) Attachment E Preferred Pricing Affidavit (Section 4.12) Attachment F Price Sheet for Bid Submission (Section 2.3.3) Attachment G Product List (Section 3.4) Attachment H Quarterly Reports (Section 4.20) Attachment I Savings/Price Reductions (Section ) Attachment J Scrutinized Companies (Section 4.17) Attachment K Timeline of Events (Section 1.5) Attachment L I High Density Line Drawing Page

10 Section 1 Introduction 1.1 Bid The State of Florida Department of Management Services, Division of State Purchasing (Department) is issuing this Invitation to Bid (ITB) to replace the current state term contract (STC) for. The Department intends to solicit for, and enter into contracts with, responsive and responsible Contractors according to the criteria defined herein, for the provision of commodities and contractual services described within this solicitation under the authority and criteria established by section , Florida Statutes (F.S.). Rule 60A-1.044, Florida Administrative Code (F.A.C.), defines an STC as indefinite quantity contracts competitively procured by the Department pursuant to s , F.S., available for use by eligible users. This solicitation will be administered using the MyFloridaMarketPlace (MFMP) Sourcing Tool. Vendors interested in submitting a reply must comply with all of the terms and conditions described in this ITB. Information about submitting a reply can be found in Section 2, Instructions to Bidders. 1.2 Solicitation Objective The current STC for has an estimated average annual spending volume of approximately $3 million dollars. Estimated spending volume is for informational purposes only and should not be construed as representing actual, guaranteed, or minimum purposes under any new contract. Customers include state agencies and other eligible users as defined by Rule 60A , F.A.C. The Department intends to award contracts to responsive and responsible bidders who provide the lowest evaluated price for each product category listed on the Price Sheet (Attachment F). After contract award the vendor must to offer their complete product catalog within the awarded category at the percentage discount awarded or a better. 1.3 Term The term of the contract shall be four (4) years. The contract will be effective on February 20, 2015, and the contract will end on February 19, Renewal Term Upon written agreement of the parties, the Department and the Contractor may renew the Contract in whole or in part, for renewal terms up to four years, at the renewal pricing specified in the Contract. 9 Page

11 1.5 Timeline of Events 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 made through an addenda to the solicitation and noticed on the Vendor Bid System and within the MFMP Sourcing Tool. Attachment K Timeline of Events 1.6 Order of Precedence for Solicitation In the event of conflict, the conflict will be resolved in the following order of priority (highest to lowest) Addenda to Solicitation, if issued Introduction Description of Scope Special Instructions General Instructions Special Contract Conditions General Contract Conditions Attachments 1.7 Procurement Officer The Procurement Officer is the sole point of contact from the date of release of this ITB until 72 hours after the contract award is made (See 1.8). Procurement Officer for this ITB is: Jamie Harley, Associate Category Manager Florida Department of Management Services Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL Phone: (850) Jamie.Harley@dms.myflorida.com 1.8 Limitation on Contact with Government Personnel (S (23), F.S.) Respondents to this solicitation or persons acting on their behalf may not contact, between the release of this 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 or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. 10 Page

12 1.9 ITB Process The ITB is a method of competitively soliciting a commodity or contractual service pursuant to Section (1)(a), F. S. The Department posts an ITB on the Vendor Bid System (VBS) to initiate the process and also posts solicitation in the MFMP Sourcing Tool. Bidders may submit questions in writing to the Procurement Officer via the MFMP Sourcing Tool by the date listed in the Timeline of Events. Bids must be submitted by the deadline listed in the Timeline of Events. The Department will open the bids in a public meeting. Once the Department has evaluated the bids, the Department will post a Notice of Intent to Award on the VBS Question Submission The Department will entertain written questions regarding the solicitation or the procurement process submitted through the MFMP Sourcing Tool for a limited period of time as specified in the Timeline of Events. The purpose of this question period is to promote the bidder s full understanding of the solicitation requirements by providing written binding answers to questions about the solicitation. In order to submit a question, bidders must be registered in MFMP Sourcing and able to access the Messages tab in the solicitation dashboard. For information about registering with MFMP Sourcing, please see Section 2.2 Special Instructions. The Department will not respond to questions submitted through any other format or medium (telephone calls, s, letters, etc.). Questions submitted via the Messages tab within the MFMP Sourcing Tool must be RECEIVED NO LATER THAN the time and date reflected on the Timeline of Events. Questions shall be officially answered via addenda to this solicitation as stated in the Timeline of Events. The Department shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Department's contracting personnel Addenda to the ITB The Department may modify this solicitation by issuing addenda. Addenda, if issued, shall be posted on the VBS and the MFMP Sourcing Tool. Bidders are responsible for checking the VBS and sourcing tool for changes and updates to the solicitation Special Accommodations Any person requiring a special accommodation due to a disability should contact the Department s ADA Coordinator at (850) at least five (5) workdays prior to the scheduled event. If you are hearing or speech impaired, please contact the ADA Coordinator by using the Florida Relay Service at (800) (TDD) Modification or Withdrawal of Bid Bidders are responsible for the content and accuracy of their bid. Bidders may modify or withdraw their bid at any time prior to the bid due date in accordance with the Timeline of Events. For 11 Page

13 instructions on how to modify or withdraw bids refer to the link: MFMP Vendor Toolkit. _university/mfmp_u_online_training_for_vendors/vendor_training_registration or for technical assistance please select this link: MFMP Vendor Help or call (866) Disclosure of Bid Contents All documentation produced in response to this solicitation 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 Contract Formation The Department intends to enter into a contract with the awarded Bidder(s) pursuant to Section 2.5 Basis of Award. The contract shall be composed of the following: General Contract Conditions (PUR 1000), Special Contract Conditions, Description of Scope, Price Sheet (format approved by the Department) submitted by the Contractor after award and additional documentation (as required). 12 Page

14 Section 2 Instructions to Bidders This section contains instructions to Bidders on how to submit a bid. The instructions come in two parts; general instructions and special instructions. 2.1 General Instructions The PUR 1001, The General Instructions to Respondents, is incorporated by reference and provided via the link below: Special Instructions In the event any conflict exists between the Special Instructions and General Instructions to Respondents, the Special Instructions shall prevail MFMP Registration In order to bid, Bidders must have a current Vendor registration and be active for Sourcing Events within the link: MFMP Vendor Information Portal Website How to Submit a Bid Submit responses to this solicitation via the MyFloridaMarketPlace Sourcing Tool by selecting this link: MFMP Sourcing 3.0 Login. Bidders must have a current Vendor registration and be active for Sourcing Events within the link MFMP Vendor Information Portal. Download the MFMP Participation Instructions to Bidder, for detailed instructions on how to participate within the MFMP Sourcing Tool 3.0. Include all appropriate pricing, discounts, documents, forms, files, question responses, and information responses located within the MFMP Sourcing Tool for the solicitation in bids. All required or requested pricing, discounts, documents, forms; files, question responses, and information responses are to be entered electronically in the MFMP Sourcing Tool during this solicitation as indicated. Sourcing Tips and Training After logging into MFMP Sourcing 3.0, My Events lists all events the Vendor already chose to Join (i.e., you intend to submit a formal response). Public Events lists those events associated with the Vendor s registered commodity codes listed in their Vendor Information Portal (VIP) accounts, but the Vendors have not yet Joined. Joining an event moves the event from Public Events to My Events, allows the Vendor to submit questions about the event, and alerts Vendors to any associated updates (e.g., addenda, event edits, etc.). To respond to a solicitation, respondents must review and accept the electronic agreement on the Review and Accept Agreement page. Click the radio button next to, I accept the terms of this agreement. 13 Page

15 When responding, save work frequently at intervals less than 20 minutes. Sourcing 3.0 automatically times out after 20 minutes of inactivity. Any unsaved information may be lost when the system times out. Clicking the Save button within Sourcing 3.0 only saves your solicitation responses. To transmit responses to the State, Vendors must click Submit Entire Response. After clicking the Submit Entire Response button, Vendors are responsible to verify and validate any submitted response in Sourcing 3.0 to ensure their responses are accurate and complete prior to the bid closing time. Vendors should allow sufficient time, prior to the Solicitation event period closing, to address any errors and resubmit revised responses. To validate responses, please do the following before the Solicitation period ends: Click the Response History link to confirm that your submitted response is visible, and, therefore, formally submitted. Confirm that a status of Accepted displays next to your submitted response. Click on the Reference number of your submitted bid response to review the submission. Please check the following: Text boxes Is your entire answer viewable? Yes/No questions Are the displayed answers correct? For technical assistance, contact the MFMP Customer Service Desk (CSD) at (866) or by at VendorHelp@MyFloridaMarketPlace.com. For additional information regarding Vendor online training or to view MFMP Sourcing training documents select the hyperlink, MFMP Vendor Toolkit Who May Respond Manufacturers, who are registered with and considered to be in good standing by the Florida Department of State, may respond. To be eligible for award, a Bidder must satisfy the requirements, specifications, terms, and conditions of the solicitation and demonstrate their capability to perform a statewide Contract in the State of Florida, and are authorized by the Florida Department of State to do business in the State of Florida Bidder Qualification Questions Submit a Yes/No response to the following Qualification Questions within the MFMP Sourcing Tool. Bidders are to meet and respond to the qualifications identified in the following Qualification Questions in order to be considered responsive. The Department may not evaluate bids from Bidders who answer No to any of the Qualification Questions. 14 Page

16 Does the Bidder certify that the person submitting the bid is authorized to respond to this ITB on Bidder s behalf? Does the Bidder certify that it is not a Convicted Vendor as defined in section 7 of the PUR 1001? Does the Bidder certify that it is not a Discriminatory Vendor as defined in section 8 of the PUR 1001? Does the Bidder certify that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List? The list can be found at: Does the Bidder certify that it will, if awarded, submit to the Department, at least annually, the completed signed Preferred Pricing Affidavit as required in Section 4.12 of this solicitation? Does the Bidder certify that they have carefully and thoroughly reviewed their bids or discounts on the Price Sheet (Attachment F) for accuracy and completeness? Does the Bidder certify that all material, equipment, processes, etc., contained in its bid response meets all pertinent standards of the Occupational Safety and Health Administration, American National Standards Institute, National Fire Protection Association and all other federal and state requirements? 2.3 Contents of Bid Organize bids in parts as directed below. Submit all the information requested in each part below through the MFMP Sourcing Tool. Failure to submit all of the requested information in through (Part 1 through Part 4) below, in the format required under this ITB, may result in a determination of Bidder non-responsiveness. Label each response with the appropriate section number (and part number) below: Part 1 - Past Performance Provide a minimum of five library furniture projects which individually exceed $30,000.00, sold to State Agencies (excluding the Department of Management Services) or other eligible users in Florida, issued between July 1, 2012 and December 1, The submitted documents should be legible and should include the Purchase Order or Invoice, the date of purchase, the purchaser and their phone number, the specific type of furniture or services provided, the price, project number, the name and telephone number of the customer s contact person, specific type of furniture and services provided by your company for each project, average number of your company s personnel assigned to project and the final overall sales received by your company for this project. This information will be used to assess the Bidder s relevant past experience in handling large projects Part 2 Federal General Services Administration (GSA) Information If Bidder holds a Federal GSA Contract the following documentation must be uploaded: 15 Page

17 A copy of the cover page of the current GSA contract (SF26, SF30 or SF33) showing the GSA multiple Award Schedule Number, the Company s name, and effective date of the contract Provide a document identifying the web address linking directly to your published GSA discounted price lists, in effect at the time of bid opening and upload it within the MFMP Sourcing Tool Part 3 - Price Sheet Submission Download the Price Sheet, complete and upload it within the MFMP Sourcing Tool. Bidder must submit filled out sections of the Price Sheet for each library furniture product category (Category) on which the Bidder wishes to bid. The Categories are: Wood Library Furnishings; Metal Library Furnishings; High Density and Mobile Shelving-Electric; and High Density and Mobile Shelving-Manual. Each Category within the Price Sheet on which the Bidder wishes to be considered for award shall contain the List Price from the Manufacturer s Price List for each specification within that Category and the minimum discount off the Manufacturers Price List which the Bidder shall sell all products within that Category should the Bidder be awarded that Category, specification or any other separable portion thereof. A Price Sheet that lacks the above information for all specifications within a Category shall not be considered for an award in that Category. Attachment F - Price Sheet Part 4 Other information Out-of State Preference Letter from Attorney (if applicable) Any Bidder who states that its principal place of business is outside of this state must submit with its bid in accordance with section , Florida Statutes, a written opinion of an attorney at law, licensed to practice law in that foreign state, that contains information explaining 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. Upload if applicable the written opinion of an attorney at law here Preferred Pricing Affidavit Download the Preferred Pricing Affidavit found in Section 5, complete and upload it here. Attachment E - Preferred Pricing Affidavit Certification of Drug-Free Workplace Download the Certification of Drug-Free Workplace Form found in Section 5, complete and upload it here. Attachment B - Certification of Drug-Free Workplace Form 16 Page

18 Savings /Price Reductions Download the Savings/Price Reductions Form found in Section 5, complete and upload it here. The Bidder is required to furnish the percent (%) savings in prices offered compared to retail, list, published or other usual or customary prices that would be paid by the purchaser without the benefit of a contract resulting from this bid. The Savings/Price Reductions form is provided to facilitate the Bidders response to this requirement. The Bidder is required to submit this form with its bid, and at the time of any renewals or extensions. Attachment I - Savings/Price Reductions Form Authorized Servicing Dealers Download the Authorized Servicing Dealers Form found in Section 5, complete and upload it here. Attachment A - Authorized Servicing Dealers Form Manufacturer s Price List Provide a document identifying the web address linking directly to your published price lists, in effect at the time of bid opening and upload it within the MFMP Sourcing Tool. Upload a document identifying the web address linking here. 2.4 Evaluation Criteria The Department shall review bidder responses using the criteria listed in 2.2.4, Bidder Qualification Questions, to determine responsiveness. Bids that do not meet all requirements of the solicitation or fail to provide all required information, documents, or materials may be rejected as nonresponsive. Bidder s 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 may be rejected as non-responsible. At its sole discretion, the Department will determine which responses meet the requirements of this solicitation, and which Bidders are responsive and responsible. 2.5 Basis of Award The Contract(s) shall be awarded to one or more, not to exceed five (5) responsive, responsible Bidder(s) that offers the lowest total evaluated price for each Category, specification or any other separable portion if deemed in the best interest of the State. Bidders are not required to bid every category. If the Bidder wishes to be considered for a category award, they must submit a bid for all products listed within the specifications of that category. All areas where information is requierd will be highlighted in yellow. The total evaluated price for each Category is the summed total of: the Manufacturer s List Price reduced by the discount percentage off the Manufacturer s Price List times the weighted percentage for the products listed in the specifications within that Category. Manufacturer s List Price x (1 Discount Percentage) = Price 17 Page

19 Price x Weighted Percentage = Evaluated Price Sum of Evaluated Prices = Total Evaluated Price Discount Percentage: The Bidder s discount of Manufacturer s List Price for all products within the Category. Price: The Bidder s Manufacturer s List Price multiplied by the discount percentage. Weighted Percentage: The Department s weighted percentage for the Bidder s discounted Manufacturer s List Price. Evaluated Price: The Bidder s price multiplied by the weighted percentage. Total Evaluated Price: The Bidder s total evaluated price for the Category. Please Note: Where the text above can be construed to conflict with the formula above, the formula shall control. Calculations shall be completed in the price sheet (Attachment F) in Microsoft Excel. The Department reserves the right to award all Categories to a single vendor or award to multiple vendors by Category, specification or any other separable portion if deemed to be in the best interest of the State. The Department reserves the right to accept or reject any and all bids, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State s best interest. 2.6 Preference to Florida Vendors If the lowest bid is submitted by a Bidder whose principal place of business is located outside the State of Florida, preference shall be applied consistent with section , F.S. 2.7 Tie Bids In the event that the Department s evaluation results in identical evaluations of bids, the Department will select a Bidder based on the criteria identified in Rule 60A-1.011, F.A.C. 2.8 Rejection of Bids Bids that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Bidders whose bids, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of a contract may be rejected as not responsible. The Department reserves the right to determine which bids meet the requirements of this solicitation, and which bidders are responsive and responsible. 2.9 Redacted Submissions The following section supplements section 19 of the PUR If Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, 18 Page

20 proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, Bidder must mark the document as Confidential and 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 Bidder s name on the cover, and shall be clearly titled Redacted Copy. The Redacted Copy should only redact those portions of material that the Bidder claims is confidential, proprietary, trade secret or otherwise not subject to disclosure. In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution or other authority, to which documents that are marked as confidential are responsive, the Department will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the Bidder such an assertion has been made. It is the Bidder s responsibility to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Bidder in a legal proceeding, the Department shall give the Bidder prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law). The Bidder 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. By submitting a bid, the Bidder agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Bidder s determination that the redacted portions of its reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Bidder fails to submit a redacted copy of information it claims is confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request for these records. Balance of page intentionally left blank 19 Page

21 Section 3 Description of Scope 3.1 Purpose The purpose of this solicitation is to establish a four year State Term Contract for the purchase of by all Eligible Users. Purchases under this agreement will meet the needs of state agencies and other eligible users in the performance of the respective entities core responsibilities. 3.2 Eligible Products All products offered under this contract shall be new and unused and in current production. Remanufactured or refurbished products are not a part of this offering. No products shall be considered for award if already awarded on or in conflict with another State Term Contract. Eligible products for this contract include bookcases (wood, metal), high density and mobile shelving (manual, electric), display racks and cases, audio visual carts and consoles, card catalog files, carrels, library tables and seating, circulation desks, and children s reading furniture. Minor customization of standard product by an awarded Contractor is allowable. However, customizations that alter the basic structure or function, take the standard product out of the Contractor s awarded categories or substantially change the appearance of a standard product are not considered minor and will require prior approval from the Department. The Department reserves the right to require samples of the proposed customized products before approving. 3.3 Excluded Products Items excluded from the Contract include remanufactured or refurbished products, any items or product lines currently awarded under another state term contract, any items or product lines that may qualify for award under another state term contract, lighting, carpets, rugs, decorative accessories and items. 3.4 Product List The Product List Form is a listing of library furniture product categories available in this Contract (see Section 5 Attachments). A product listing, and a listing of Contractors providing those products, will be made available as a reference aid to Customers. This completed Product List form may be submitted with the ITB response and uploaded within the Sourcing Tool. Attachment G - Product List Download the Product List Form found in Section 5, complete and upload it here 3.5 Delivery Delivery is required within 90 days from receipt of a Purchase Order containing complete and correct ordering information. Exceptions (for special finishes, custom fabrics, or other non- 20 Page

22 standard options, large volume order, etc.) shall be negotiated with the Customer. Delivery delayed beyond 90 days or the agreed upon term must be justified to the Customer in writing, and if requested, the Contractor shall provide furniture on a temporary rent-free basis until delivery of ordered items is completed. Any known factors that may disrupt the delivery schedule (shutdowns, inventory periods, etc.) must be clearly stated in the product quote. Multiple delivery locations must be clearly indicated on the Purchase Order. Customer shall list delivery locations and instructions in the body of the Purchase Order, as well as the commodity number and quantity for each location. For non-installed orders, items shall be unloaded by the delivering carrier and placed on the Customer s loading dock. If there is no loading dock, items shall be unloaded by the carrier and placed in a space immediately adjacent to the carrier s vehicle at the delivery location. For orders specifying inside (non-installed) delivery, items shall be unloaded and delivered by the delivering carrier and placed inside the door on the first or ground level floor of the building. For installed orders, the Contractor or its representative shall be responsible for receipt, inspection, and assembly of items delivered in the area designated by the Customer, as well as prompt removal and disposal of all debris resulting from the delivery. The Customer shall be responsible for the immediate removal of any existing furniture from the area in which the items are to be installed. Elevators must be made available if more than one story. If no elevator is available, delivery shall be made to the ground floor or an additional delivery charge, may be negotiated if the Contractor is willing to transport the items via stairways. With the exception of State recognized holidays, the Contractor shall maintain hours of operation and be available Monday through Friday, 8am to 5pm (ET) for the management of this Contract. 3.6 Warranty All products shall be warranted by the Contractor against mechanical, electrical, and workmanship defects for a warranty period of at least 5 years, or the period stated in the manufacturer s warranty, whichever is greater. Fabric and pneumatic cylinders shall be warranted for a minimum of 1 year. Should defects become evident within the warranty period, the Contractor shall either repair the defective parts and materials or replace the contract item at no additional cost. The warranty period shall start with the date of product acceptance and shall be extended to include times during which the products are out of service for warranty repair. 3.7 Price Prices shall be submitted during the contract term as a discount off of the current Manufacturer s Price List. If the Contractor holds a Federal GSA contract, the same discount and pricing must be offered to the State. A copy of the GSA contract and corresponding price list (or the GSA discounted price list) shall be provided to the Department. 21 Page

23 The Department reserves the right to reject any discount or term less favorable than those provided to other public entities or cooperative groups, or any discount that does not offer substantial savings to the State. Contractor must supply a Customer-approved solution if a product(s) cannot be delivered as agreed upon in the purchase order or written agreement at no additional charge. Contractor must honor additional quantity orders at the same pricing and discount for 90 days after substantial completion of a single job, delivered to a single location that are needed to complete the project. The awarded Bidders shall submit price sheets after award with the manufacturers name, series, price list name, number and date (be specific), percentage discount rate, pricing tiers, Quick Ship programs available, installation, space planning/ design fees, and shipping/delivery costs. The minimum discount rate for that awarded Category shall be applied to all items within that Category offered by each awarded Bidder in their Manufacturer s Price List. 3.8 Price Adjustments Revisions to pricing during the contract term must be requested in writing and approved by the Department prior to advertisement or implementation. Contractor shall submit written justification for requested adjustment, new or revised price list (if applicable), copy of GSA approval (if applicable), identify percentage(s) of requested increase and affected products or services, or identify percentage(s) of requested decrease and affected products or services, update Contractor State Contract Web Page, and update electronic catalog in MyFloridaMarketPlace immediately following written approval (if applicable) Price increase requests that exceed corresponding Producer Price Index (PPI) for the commodity category may not be approved. The Producer Price Index that applies is Series Id: PCU , Industry: Furniture & related product mfg, Product: Furniture & related product mfg. Other review factors may include, but are not limited to, previous pricing adjustments, comparative study of other Contractors offering similar products, and market trends. The Department reserves the right to accept or reject any requested pricing adjustment, or terminate the contract. Pricing that has not been approved by the Department but given to Eligible Users may be cause for finding the Contractor in default. 3.9 Installation Charges Authorized Servicing Dealer shall be responsible for receipt, inspection, assembly of items, and debris removal at the location listed on the purchase order. Separate installation charges may apply to any required reconfiguration of furniture during the term of the Contract. Additional charges for installation during hours of operation (see Section 3.5, last sentence) or other unique applications shall be agreed upon in writing and approved by the Customer prior to installation services being performed. 22 Page

24 3.10 Space Planning / Design Fees Customer shall approve Space Planning / Design fees in writing prior to any services being performed by the Contractor or Authorized Servicing Dealer Purchasing Card Program The State of Florida has implemented a purchasing card program, using the Visa platform. Vendors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. Administrative fees shall not be charged to the Customer Authorized Servicing Dealers During the term of the Contract, Contractors shall name and maintain a minimum of two (2) Authorized Servicing Dealers within the State of Florida or service representatives for the Contract. Contractors are encouraged to utilize Certified Minority Business Enterprise (CMBE) Authorized Servicing Dealers. Contractors shall identify any CMBE Authorized Servicing Dealers on the Authorized Servicing Dealers form (see Section 5). Each Authorized Servicing Dealer or representative named will be responsible for product delivery and installation, as well as providing assistance to Eligible Users. If Authorized Servicing Dealers will be receiving orders on behalf of the Contractor, they are required to register in MyFloridaMarketPlace Conformance to Codes The Authorized Servicing Dealer shall be responsible for verifying furniture space plan/configuration fits the given space and that all aisles, openings, and doors meet local fire and safety codes and are in conformance with ADA regulations. Also, upon the request of the Department or Eligible User, the Contractor shall be responsible for providing written verification of their product s conformance to current fire and flammability codes, as regulated by the State of Florida Performance Bond If deemed necessary, the Customer may require the Contractor to furnish (without additional cost) a performance bond, a negotiable irrevocable letter of credit or other form of security for the faithful performance of providing the required items specified on Customer Purchase Order against this Contract. Determination of the appropriateness and amount of any bond requirement, is the sole responsibility, and at the sole discretion, of the Customer Sales Literature / Technical Information If requested by Eligible Users for product literature, Price Lists, and specifications must be provided within five (5) working days after receipt of written request, at no charge. The Department reserves the right to review and approve all product literature, Price Lists, and promotional materials before distribution to Eligible Users. 23 Page

25 3.16 Delays and Complaints The Contractor will promptly notify the Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any Product, including any commodity, service, deliverable, or project. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Customer s delay. The Contractor acknowledges that untimely performance or other material non-compliance will damage the Customer, but by their nature such damages are difficult to ascertain. Accordingly, the on-going liquidated damages will apply to this Contract. Ongoing liquidated damages are not intended to be a penalty and are solely intended to compensate for damages caused by failure to complete or perform on the Contract. Documented inability to timely and successfully complete (or deliver) any Products may result in ongoing liquid damages, default proceedings, and possible termination via the established Complaint to Vendor process (PUR 7017) per 60A F.A.C. The Department or Customer may impose ongoing liquid damages up to one thousand dollars ($ ) per calendar day of non-compliance, until such non-compliance is remedied to the satisfaction of the Parties. Ongoing liquid damages may be adjusted based on total damages realized by the Department or Customer Sales Requirements Should no sales be recorded in two consecutive contract quarters, the contractor may be terminated for convenience or cancelled, or the Department may choose to not renew the Contract New Products New products may be considered for addition to the contract. All requests for review shall be made in writing and shall include product literature and Price Sheet. New products may not be marketed as approved products prior to written approval from the Contract Manager Ordering Information Changes The Contractor shall submit changes for its company s Ordering Information in the completed Ordering Information Form. The Contractor shall update any information necessary for placing orders under the contract by submitting revised Ordering Information. Attachment D - Ordering Information Form. 24 Page