INVITATION TO BID (ITB) FOR. PURCHASE, REPAIR AND MAINTENANCE OF 800 MHz RADIO SYSTEMS ITB RELEASED ON January 19, 2018

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1 INVITATION TO BID (ITB) FOR PURCHASE, REPAIR AND MAINTENANCE OF 800 MHz RADIO SYSTEMS FDC RELEASED ON January 19, 2018 By the: Florida Department of Corrections Bureau of Procurement 501 S. Calhoun Street Tallahassee, FL (850) Refer ALL Inquiries to Procurement Officer: Nicole Todd Page 1 of 45

2 TABLE OF CONTENTS TIMELINE... 4 SECTION 1.0 INTRODUCTORY MATERIALS Statement of Purpose Contract Term and Renewal Conflicts and Order(s) of Precedence Definitions... 5 SECTION 2.0 SCOPE OF SERVICES General Specifications General Description of Equipment Maintenance Specifications for Current Radio Systems Service Facility Parts and Parts Warranty Substitute Equipment Equipment Inventory and Locations Emergency/After Hour/Force Majeure Repair Supplemental Services Reports Completion Scheduling Staffing Requirements Performance Measures and Financial Consequences Deliverables...16 SECTION 3.0 NON-TECHNICAL SPECIFICATIONS Modifications after Contract Execution Addition/Deletion of Locations Mandatory Documentation Records and Documentation Price Page Purchasing Card Program (PCard) Vendor Ombudsman Payment and Invoicing...18 SECTION 4.0 PROCUREMENT RULES AND INFORMATION Instructions to Respondents (PUR 1001) Vendor Inquiries Cost of Bid Preparation Instructions for Bid Submittal Disclosure of Bid Submittal Contents Bid Opening Bid Evaluation Basis of Award Disposal of Bids Bid Rules for Withdrawal Addenda...20 Page 2 of 45

3 4.12 Verbal Instruction Procedure/Discussions No Prior Involvement and Conflict of Interest State Licensing Requirements MyFloridaMarketPlace (MFMP) Registration Certificate of Authority Confidential, Proprietary, or Trade Secret Material E-Verify Vendor Substitute W Contractor Certification Identical Tie Bids Rejection of Bids Inspector General Protest Procedures...23 SECTION 5.0 SPECIAL CONDITIONS General Contract Conditions (PUR 1000) State Initiatives Subcontracts Copyrights, Right to Data, Patents and Royalties Independent Contractor Status Assignment Severability Use of Funds for Lobbying Prohibited Employment for Department Personnel Legal Requirements Insurance...26 ATTACHMENT I PRICE PAGE...28 ATTACHMENT II EQUIPMENT INVENTORY...30 ATTACHMENT III - DELIVERY LOCATIONS...35 ATTACHMENT IV VENDORS CONTACT INFORMATION...38 ATTACHMENT V PURCHASE ORDER TERMS AND CONDITIONS...39 ATTACHMENT VI- SECURITY REQUIREMENTS FOR CONTRACTORS...43 ATTACHMENT VII- CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM...45 Page 3 of 45

4 TIMELINE FDC EVENT DATE/TIME LOCATION Release of ITB January 19, 2018 Vendor Bid System: Last day for Written Inquires to be Received by the Department January 25, 2018 by 5:00 p.m., Eastern Time Submit to: Florida Department of Corrections Nicole Todd, Procurement Officer Anticipated Posting of Written Responses to Written Inquires February 14, 2018 Vendor Bid System: Sealed Bids Due and Opened February 22, 2018 at 2:00 p.m., Eastern Time Submit to: Florida Department of Corrections Nicole Todd, Bureau of Procurement 501 South Calhoun Street Tallahassee, Florida Anticipated Posting of Recommended Award March 8, 2018 Vendor Bid System: Page 4 of 45

5 INTRODUCTORY MATERIALS Statement of Purpose The purpose of this Invitation to Bid (ITB) is to secure competitive Bids, from qualified Vendors, to purchase, repair and provide support maintenance for 800 MHz Radio Systems, at various Correctional Institutions throughout the State of Florida. The successful Vendor shall furnish the products specified, or a Department approved equivalent. Submittal of requests for approved equivalents must be made in writing to purchasing@fdc.myflorida.com prior to the deadline for questions, included on the Timeline. The Department is issuing this solicitation to establish a new resultant Agency Term Contract (ATC). Contract Term and Renewal As a result of this ITB, the lowest responsive and responsible Vendor will be awarded a five (5) year ATC, which may be renewed for up to five (5) renewal years, or portions thereof, in accordance with Section (13), Florida Statutes (F.S.), at the same prices, terms, and conditions. Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP) Purchase Orders (PO). Conflicts and Order(s) of Precedence All Bids are subject to the terms of the following sections of this ITB, which in case of conflict shall have the following order of precedence: Definitions (1) Addenda, in reverse order of issuance; (2) Invitation to Bid, including attachments; (3) General Contract Conditions (Form PUR 1000) (Section 5.1); and (4) General Instructions to Respondents (Form PUR 1001) (Section 4.1). The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings: a. Agency Term Contract (ATC): A written master agreement between the Department and awarded Vendor that is mandatory for use by the entire Department, under which purchase orders shall be issued. b. Bid: A Vendor s response to this ITB, which the Vendor shall submit on approved forms. c. Breach of Contract: A failure of the Vendor(s) to perform services or provide commodities in accordance with the terms and conditions of the Contract which may result from this ITB. d. Department: The Florida Department of Corrections (FDC). e. Fixed Equipment: Base stations and consoles are considered fixed equipment. f. Force Majeure: An interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes. g. Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Vendor to be considered responsive to this solicitation. Failure to meet the responsiveness requirements will cause rejection of a Bid. Any Bid rejected for failure to meet the mandatory responsiveness requirements will not be reviewed further. Page 5 of 45

6 h. Material Deviation(s): The Department has established certain requirements with respect to Bids submitted. The use of shall, must, or will (except to indicate the future) in this ITB indicates a requirement, or condition, which may not be waived by the Department, except where the deviation is not material. A deviation is material if, in the Department s sole discretion, the deficient response is not in substantial accord with the ITB s requirements, provides an advantage to one Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department. Material deviations cannot be waived, and shall be the basis for determining a Bid non-responsive. i. Minor Irregularity: A variation from the ITB terms and conditions, not affecting the price, not giving the Vendor an advantage or benefit not enjoyed by other Vendors; does not adversely impact the interests of the Department. A minor irregularity will not result in a rejection of a Bid. j. PCard: Refers to the State of Florida s purchasing card program, using the Visa platform. k. Responsible Bidder: A Bidder who has the capability to fully perform all aspects of the resultant Contract requirements, and the integrity and reliability that will assure good faith performance. l. Responsive Bid: A Bid, submitted by a responsible Vendor, which conforms to all material aspects of the solicitation. m. Specifications: The detailed conditions of the Contract, including technical specifications, and other descriptions of the work, as set forth in the Contract documents. n. Subcontract: An agreement between the Vendor and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Vendor, specifically related to securing, or fulfilling, the Vendor s obligations to the Department, under the terms of the Contract resulting from this ITB. o. Supplementary Services: Services that are not covered in maintenance. p. Vendor: A legally qualified corporation, partnership or other entity submitting a Bid to the Department, pursuant to this ITB. SCOPE OF SERVICES General Specifications The Department s intent is to obtain the most effective radio systems, while maximizing the quality and level of services, for complete Land Mobile Radio (LMR) equipment. The LMR equipment shall include base stations, portable radios, dispatch consoles and desktop control stations. Applicable Standards: Generally, all equipment and software shall be designed, built, installed, and tested to comply with recognized standards established by the following associations: 1. American Society of Testing and Materials (ASTM); 2. American Standards Association (ASA); 3. American National Standards Institute (ANSI); 4. Association of Public Safety Communications International, Inc. (APCO) Project 25; 5. Bellcore Technical References; Page 6 of 45

7 6. Code of Federal Regulations (CFR); 7. Electronics Industries Association (EIA); 8. Federal Communications Commission (FCC) Rules and Regulations; 9. Institute of Electrical and Electronic Engineers (IEEE); 10. International Radio Consultative Committee (CCIR); 11. FCC National Public Safety Advisory Committee (NPSPAC), Florida (Region 9) Plan; 12. Rural Electrification Association (REA) Telecommunications Bulletin; 13. Telecommunications Industries Association (TIA); 14. Underwriters Laboratories (UL); and 15. U.S. Military Standards MIL-STD-810 C/D/E. General Description of Equipment The awarded Vendor(s) shall provide radio equipment, associated hardware along with initialization services, and maintenance to the Department s Harris and Motorola radio systems, as specified in Attachment I, Price Page Delivery Product(s) shall be shipped Free on Board (FOB), and delivered to the destination within 30 days after issuance of a PO. Deliveries must be made between 8:30 a.m. to 4:00 p.m., Local Time, Monday through Friday, unless otherwise stated herein or on a subsequent PO Vendor Substitution The awarded Vendor will be required to provide only the product(s) awarded. Substituted products delivered or provided to the Department without prior approval by the Department s Contract Manager, or designee, will be returned to the awarded Vendor at their expense, and may result in termination of the resulting Contract. In the event the product specified can no longer be provided, for reasons beyond the awarded Vendor s control (i.e. product discontinuance), the awarded Vendor shall provide an alternate product request to the Department s Contract Manager, or designee. The substitute product shall meet or exceed all terms, conditions, and specifications applicable to the original specified product. An alternate product sample shall be furnished to the Department for review prior to the acceptance Damaged Goods The awarded Vendor shall be responsible for filing, processing, and collecting all damage claims. However, to assist the Vendor in the expeditious handling of damage claims, the FDC ordering office will: a. Record any evidence of visible damage on all copies of the delivery carrier s Bill of Lading; b. Report damage (visible or concealed) to the carrier and Contract supplier, confirming such reports, in writing, within 15 business days of delivery, requesting that the carrier inspect the damaged merchandise; c. Retain the item and its shipping container, including inner packing material, until inspection is performed by the carrier and disposition given by the Contract supplier; and Page 7 of 45

8 d. Provide the Vendor with a copy of the carrier s Bill of Lading and Damage Inspection Report. Maintenance Specifications for Radio Systems General Service Description/Purpose The successful Vendor(s) shall provide repair and maintenance services to the entire Department s existing Harris and Motorola 800 MHz two-way internal LMR yard radio communication systems. All equipment shall be repaired and maintained to National Standard of Telecommunication Industry Association (TIA), and Electronic Industries Alliance (EIA) for twoway public safety LMR equipment. The Vendor shall maintain and restore the radio equipment to complete operation by replacing any parts, modules, circuit boards or components that cause the radio equipment to malfunction intermittently or fail completely. The repairs may also include knobs (volume or selective switch), push-to-talk buttons, and displays. The successful Vendor shall be responsible for maintaining latest Radio Programming Managers (RPM) software to program both Harris and Motorola radios, LMR equipment to original design programming with alias, and radio identification number when repaired The Vendor shall provide labor, troubleshooting, repair, testing, radio programming software, equipment, components, parts and materials, transportation, upkeep, and shipping, of the Department s communication equipment received or delivered by the FDC Institution and/or Facility in need of repair. All labor, parts, and materials, provided shall be included in the repair and maintenance fee with the exception of labor, parts, and materials covered under Section 2.8, Emergency/After Hours/Force Majeure Repairs and/or Section 2.9, Supplementary Services The communication equipment to be repaired and maintained consists of, but is not limited to, portable radios (Harris XG15P, P5100, Motorola XTS1500 and XTS2000), (Harris MASTR III base stations, Harris desktop control stations Motorola MCC5500 dispatch consoles, and Motorola Quantar/Quantro base stations), as listed in Attachment I, Price Page. A list of current equipment may be found in Attachment II, Current Equipment Inventory and delivery service may be required at the list of locations in Attachment III, Delivery Locations. All services, unless otherwise indicated, shall be performed during the Department s normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., Local Time, excluding State holidays. All services shall be provided in accordance with the requirements specified in this ITB, and must meet or exceed the service levels described herein The Vendor shall repair and maintain subscriber units (including operational accessories), as necessary, to ensure a fully operational and functional unit. The Vendor shall perform component, and board level repairs to malfunctioning equipment and/or subscriber units, to return them to working order. Repair shall also include re-programming of equipment to proper operation and accurate display levels. All re-programming of equipment shall be accomplished in a manner that will maintain its original operations and compatibility with other equipment. Repair and maintenance shall also consist of, but not be limited to, the following: Portable Equipment The Vendor shall establish a shipping program for portable equipment needing repair. The Vendor shall supply shipping containers, in advance of any need, and the Department s Institution(s) or Facility(s) shall be responsible for shipping the equipment to the Vendor s location, at the expense of the Vendor. The Vendor shall be responsible for returning the equipment to the Institution(s) or Facility(s) and any associated costs. Portable radios and accessories that have been repaired must be shipped back to the Department in shipping Page 8 of 45

9 containers properly packed to prevent damage to the equipment, within eight (8) business days of the Vendor s receipt. Any delays must be confirmed and approved by the Department s Contract Manager, or designee. All such shipments that are delayed shall be forwarded using the next business day shipping option, when they have been repaired and are ready to return to the Department Desktop Control Stations/Dispatch Console and other Fixed Equipment The Vendor shall dispatch a qualified Service Technician to the Department s Institution or Facility before the end of the next business day, following notification of need for maintenance/repair. If possible, the equipment shall be repaired immediately onsite. If parts must be ordered, or the equipment must be taken off-site, the Vendor shall have the equipment in place and working properly within eight (8) business days of initial notification of the problem. Any delays properly repairing the fixed equipment in eight (8) business days must be confirmed and approved by the Department s Contract Manager, or designee. However, an approved delay may not negate the assessment of financial consequences as stated in Section 2.14, Performance Measures and Financial Consequences. Upon completion of any repairs or return of the component(s) to operational status, the Vendor shall provide a repair receipt to the Department s Contract Manager, or designee, indicating work performed and replacement parts used for the repairs Preventative Maintenance The Vendor shall perform a yearly preventive maintenance on base stations, desktop control stations and subscriber units at each FDC Institution or Facility. Antenna systems preventative maintenance shall be included in desktop control station and base station maintenance. The preventive maintenance shall start at the beginning of February of each year, or immediately after the resultant Contract is executed. The Vendor s qualified technician shall perform preventive maintenance services at each of the Department s Institutions or Facilities included in Attachment III, Delivery Locations, once per-year during the term of the resulting Contract. Preventive maintenance for base stations, desktop control station and subscriber unit equipment shall be included in the monthly maintenance rate as stated in Section 3.8, Payment and Invoicing. Preventive Maintenance shall start the first week in February and end the last week of April of each year. A copy of the preventative maintenance report shall be provided to the Department s Contract Manager, or designee, and shall be broken down by each location/facility listed in Attachment III, Delivery Locations. Necessary repairs and adjustments that can be performed, shall be completed during this scheduled maintenance. The Vendor shall provide to the Department s Contract Manager, or designee, for each Institution or Facility, a signed test report indicating the tests were performed to ensure the equipment is repaired and operating as designed, using current calibrated testing equipment traceable to minimum national standards: Repairs, resulting from physical damage (i.e. misuse, dropped equipment), not covered under the maintenance agreement shall be noted and reported, but shall not be Page 9 of 45

10 corrected until PO is issued at the agreed upon hourly rate and discounted equipment prices, established by the resulting Contract If the Vendor fails to perform maintenance services and is required to correct or re-perform preventative maintenance services, it shall be at no cost to the Department and any services corrected or re-performed by the Vendor shall be subject to the same performance requirements as services initially performed. If the Vendor fails or refuses to correct or re-perform services to the Department s satisfaction, the Department may correct or replace, with similar services, and charge any service cost incurred to the Vendor. Service Facility The Vendor shall have and maintain at least one (1) service facility located within each of the Department s geographical Regions (I through IV) as outlined in Attachment III, Delivery Locations, to include a mobile repair service that can provide service to mobile equipment permanently installed in the Department s fleet vehicles. The operating hours of each regional Vendor facility shall be at least 8:00 a.m. to 5:00 p.m., local time, Monday through Friday, excluding State holidays. The Vendor shall provide a list of all service facilities, as applicable, to the Department s Contract Manager, or designee, within 10 business days of executing the resultant Contract. Parts and Parts Warranty All parts installed must be new, and in the original factory containers, unless they are refurbished equipment/parts, for a specific repair, which have been pre-approved by the Department s Contract Manager, or designee, in advance. Any receipt/invoice provided shall have a notation indicating the use of new or refurbished equipment/parts. The Vendor shall provide the Department s Contract Manager, or designee, with a copy of the manufacturer s invoice for all parts installed New parts must carry the full manufacturer s warranty. In no case shall a part carry a warranty of less than 90 calendar days. Refurbished equipment/parts shall carry a minimum of a 90 day full replacement warranty, including labor The Vendor shall maintain an inventory of parts sufficient for maintenance and repair of 800 MHz Radio Systems at each service repair facility(s) and must be able to support the eight (8) day turnaround time. Substitute Equipment If a piece of fixed equipment (base station or desktop control station) must be removed for repair or is malfunctioning to the point it is unusable, the Vendor shall install a temporary substitute, if available. If a substitute isn t available, the Vendor shall repair the system to operate, if possible, until the repaired component or a permanent replacement is installed. Substituted equipment shall be provided at no additional cost to the Department. Equipment Inventory and Locations An approximate inventory list of current equipment and the Department s Institutions or Facilities, where equipment is located, is provided in Attachment II, Current Equipment Inventory. Page 10 of 45

11 Emergency/After Hours/Force Majeure Repairs Emergency/After Hour Repairs. If the Department requires the Vendor to make emergency repairs of fixed equipment outside of normal business hours (defined as 8:00 a.m. through 5:00 p.m., local time, Monday through Friday, excluding State holidays), the Vendor shall charge the rate specified in Attachment I, Price Page. All emergency repairs must be initiated and authorized by the Department s Contract Manager, or designee. All parts installed during an emergency repair shall be in accordance with this ITB and priced as indicated in Attachment I, Price Page. Billable hours charged to the Department shall commence upon signing in at an Institution or Facility and shall conclude upon signing out of the Institution or Facility. Repairs caused by Force Majeure are not included in this section Force Majeure Repairs. If the Vendor is requested to make repairs of fixed equipment and it is determined that the damage to the equipment was caused by Force Majeure, the Vendor shall charge the Department at the hourly rate for emergency repairs, plus the cost of parts at the rate established by the resulting Contract. If the Force Majeure event prevents the supply of parts at a rate established by the resulting contract, then the parts shall be provided at a rate no greater than 10% above the Vendor s cost. All Force Majeure repairs must be initiated and authorized by the Department s Contract Manager, Warden, Assistant Warden, Administrative Lieutenant or Arsenal Sergeant. All parts installed shall be in accordance with Section 2.5, Parts and Parts Warranty defined above. Supplementary Services The Vendor shall perform, at the Department s request, supplementary services as outlined below, including replacement or repair of parts and equipment related to the Department s 800 MHz Radio Systems. Supplementary services are not covered under repair and maintenance or preventative maintenance as described in Section 2.1, General Specifications. The Vendor shall charge the Department the supplementary hourly rate for all supplementary services, plus the cost of parts (at the discounted percentage rate), as applicable. All supplementary services must be initiated and authorized by the Department s Contract Manager, Warden, Assistant Warden, Administrative Lieutenant or Arsenal Sergeant. All parts installed shall be in accordance with Section 2.5, Parts and Parts Warranty. Supplementary services shall include the following: The Vendor shall repair any transmission line, antenna, tower or tower lighting. However, the Vendor has no obligation or responsibility for any transmission medium, such as telephone lines, or computer networks not provided by the Vendor, internet cabling, or equipment malfunction caused by any transmission medium The Vendor shall be responsible for re-programming of equipment, repair or replacement of accessories, belt clips, battery chargers, custom/special products, modified units and/or third-party software If equipment cannot, in the Department s and Vendor s mutual opinion, be properly or economically repaired or parts replaced for any reason including excessive wear, unavailability of parts, obsolescence of the technology, or the practical feasibility of the scope of services as specified in this ITB, the Department reserves the right to add to or delete the equipment listed in Attachment II, Current Equipment Inventory. The Vendor shall comply with the following in delivering these services: If the cost of labor and parts to repair any piece of equipment exceeds 75% of the replacement or upgrade cost for new equipment, the Vendor Page 11 of 45

12 shall recommend replacing or upgrading the equipment instead of repairing If any repair cost exceeds $ for subscriber units and $8, for fixed equipment such repair must be authorized by the Department s Contract Manager, or designee, prior to proceeding with the repair. Supplementary services may be required, on an as needed basis, for physical damage to equipment, replacement of tower antennas, transmission cables, charger repairs, etc. The Vendor shall be granted a minimum charge of one (1) hour s labor at the supplementary services hourly rate for repair or replacement of the equipment. All parts for the repair or replacement shall be provided at the discounted percentage indicated in Attachment I, Price Page Repairs not covered under the resulting Contract, such as a nonservice repair, equipment requiring repairs to outer assembly (front, rear, knob assemble, display, and main board) shall be noted and reported and may be accomplished at the rates for maintenance and repair and percent discount of parts indicated in Attachment I, Price Page. A written quote of repair cost shall be provided to the Department s Contract Manager or designee The Department reserves the right to procure services, resulting from this ITB, for any supplementary service outlined above. Report The Vendor shall provide a monthly summary report, as an attachment to the monthly invoice, to the Department s Contract Manager, or designee, no later than 15 business days of the end of the month during which service has been provided. Each date of service, and repair, and shipping dates, if applicable, shall also be included. Completion Upon completion of any service, the Vendor shall reconnect any utilities, replace equipment, appliances, and furniture, etc., moved during performance of the work. Any debris or rubbish resulting from services performed shall be removed and disposed of off-site and the premises shall be left clean, and in the order they were found prior to the services being performed. Scheduling Scheduling of services must be coordinated with the Department s Contract Manager, or designee, and shall not disturb the normal operation of the Institution/Facility Upon completion and acceptance, and before payment will be made, the Vendor must furnish, to the Department, a Certificate of Warranty guaranteeing the services against any defect in materials or workmanship for the period specified in Section 2.5, Parts and Parts Warranty Staffing Requirements The Vendor shall provide an adequate level of staffing for provision of the services outlined herein, and shall ensure that staff providing the services are highly trained and qualified. Page 12 of 45

13 Additionally, the Vendor shall liaise with and maintain a good working relationship with the judiciary, criminal justice system, FDC staff, and the community, if required, to support the ITB The Vendor shall comply with the Security Guidelines as set forth in Attachment IV, Security Requirements for Contractors. Violations of these guidelines may result in termination of the resulting Contract. The Vendor shall contact, within 10 business days of execution of the resultant ITB, the Institution(s) or Facility(s), listed in Attachment III, Delivery Locations, to obtain a copy of any specific Institution or Facility rules The Vendor s staff shall not display favoritism to, or preferential treatment of, one (1) inmate or Group of inmates over another The Vendor s staff shall not associate with any inmate except in a relationship that supports services under this ITB. Specifically, staff members must never accept for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an inmate or an inmate s family or close associate, no matter how trivial the gift or service may seem. The Vendor shall report to the Department s Contract Manager, or designee, any violations or attempted violation of these restrictions. In addition, no staff member shall give any gifts, favors or services to inmates, their family or close associates The Vendor s staff shall not enter into any business relationship with inmates or their families (example selling, buying or trading personal property), or personally employ them in any capacity The Vendor s staff shall not have outside contact (other than incidental contact) with an inmate being served or their family or close associates, except for those activities that are to be rendered under the ITB The Vendor s staff shall not engage in any conduct which is criminal in nature or which would bring discredit upon the Vendor or the Department. In providing services pursuant to this ITB, the Vendor shall ensure that its employees avoid both misconduct and the appearance of misconduct Any violation, or attempted violation, of the restrictions referred to in this Section regarding employee conduct shall be reported by phone and in writing to the Department s Contract Manager, or designee, including proposed action to be taken by the Vendor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the Vendor to appropriate action, up to and including termination of the resulting Contract The Vendor shall report any incident described above, or requiring investigation by the Vendor, in writing, to the Department s Contract Manager, or designee, within 24 hours of the Vendor s knowledge of the incident At no time shall any Vendor employee, while delivering services under this ITB, wear clothing that resembles or could reasonably be mistaken for an inmate s uniform or any correctional officer s uniform, or that bears the logo or other identifying words or symbol of any law enforcement or correctional department or agency Vendor Staff Employment Regulations The Vendor s staff assigned to this ITB shall be subject to, at the Department s discretion and expense, a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. This background check will be conducted by the Department and may occur or re-occur at any time during the term Page 13 of 45

14 of the resulting Contract. The Department has full discretion to require the Vendor to disqualify, prevent, or remove any staff from any work under the ITB. The use of criminal history records and information derived from such records checks are restricted pursuant to Section , F.S. The Department shall not disclose any information regarding the records check findings or criteria for disqualification or removal to the Vendor. The Department shall not confirm to the Vendor the existence or nonexistence of any criminal history record information. In order to carry out this records check, the Vendor shall provide, upon request, the following data for any individual or staff of the Vendor or Subcontractor s staff assigned to the ITB: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver s License Number and State of Issue. If requested, the Vendor s staff shall submit to fingerprinting by the Department for submission to the Federal Bureau of Investigation (FBI). The Vendor shall not consider new employees to be on permanent status until a favorable report is received by the Department from the FBI The Vendor shall ensure that the Department s Contract Manager, or designee, is provided the information needed to have the FCIC/NCIC background check conducted prior to any new Vendor s staff being hired or assigned to work under the resulting Contract. The Vendor shall not offer employment to any individual or assign any individual to work under the ITB, who has not had an FCIC/NCIC background check conducted No person who has been barred from any Department Facility shall provide services under this ITB The Vendor shall not permit any individual to provide services under the resulting Contract who is under supervision or jurisdiction of any parole, probation, or correctional authority. Persons under any such supervision may work for other elements of the Vendor s agency that are independent of the services of the resulting Contract The Vendor shall immediately report any new arrest, criminal charges or convictions of a current employee, under this ITB, to the Department s Contract Manager, or designee. The Vendor shall also disclose any business or personal relationship a Vendor s staff person, officer, agent or potential employee may have with anyone presently incarcerated or under the supervision of the Department Performance Measures and Financial Consequences The Department desires to contract with a Vendor who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under any resultant Contract. Therefore, the Department has developed the following Performance Measures which shall be used to measure the awarded Vendor s performance and delivery of services The Department has developed the following Performance Measures that shall be used to measure the Vendor s performance and delivery of services. Listed below are the key Performance Outcomes, Measures, and Standards deemed most crucial to the success of the overall desired service delivery. The Vendor shall ensure that the stated Performance Outcomes, Measures, and Standards (level of achievement) are met. All performance shall be measured on a monthly basis during the term of the resulting Contract. Page 14 of 45

15 Performance Measure #1 Outcome: A monthly summary report, as indicated in Section 2.10, Report, must be submitted within 15 business days of each calendar month, and must reflect all repairs, maintenance and parts provided during the month prior. Measure: Standard: The scheduled date due of each submitted report to the actual date the report was received. 95% of the required report that is submitted within the 15 business days of each calendar month. Consequence: $250 per percentage point or portion thereof below 95%. Performance Measure #2 Outcome: Measure: Standard: All repairs of equipment as per, Section , Fixed Equipment, must be completed within eight (8) business days following the date the request from the Institution or Facility. The date the fixed equipment was repaired and delivered back at the Institution or Facility as compared to the date the request for repair was received by the Vendor. 98% of all fixed equipment, must be completed within eight (8) business days following notification from the Institution or Facility. Consequence: $500 per percentage point or portion thereof below 95%. Performance Measure #3 Outcome: Measure: Standard: All preventative maintenance must be completed on an annual basis, each February, or immediately upon execution of the resulting Contract. Documentation of maintenance must be provided to the Department s Contract Manager, or designee, within two (2) months of maintenance. The dates annual maintenance is completed will be compared to the dates annual maintenance is required. 98% of all annual maintenance shall be completed each year and documentation provided to the Department s Contract Manager, or designee. Consequence: $500 per percentage point or portion thereof below 98%. Performance Measure #4 Outcome: Measure: Standard: All equipment ordered shall be delivered within 30 calendar days of PO issuance, in accordance with Section The date of PO issuance shall be compared to the date of receipt/delivery of items ordered. All equipment and inventory ordered shall be delivered to the Department within 30 calendar days of PO issuance. Consequence: $50 per day, per PO for items not received within 30 calendar days. Page 15 of 45

16 2.15 Deliverables By submitting a Bid, the Vendor expressly agrees to the imposition of financial consequences, in addition to all other remedies available to the Department. The Department s Contract Manager, or designee, will provide written notice to the Vendor s Representative of all financial consequences assessed accompanied by detail sufficient for justification of assessment. The Vendor shall forward a cashier s check or money order to the Department s Contract Manager, or designee, payable to the Department in the appropriate amount, within 10 calendar days of receipt of a written notice of demand for damages due, or in the alternative, the Vendor may issue a credit in the amount of damages due on the next monthly invoice. Repeated failure to meet an established Performance Outcome and Standard, for a consecutive monitoring period will result in financial consequences being doubled. The Department may also choose to terminate the resulting Contract in the absence of any extenuating or mitigating circumstances The following services or service tasks are identified as deliverables for the purposes of this ITB: a. 800 MHZ radio system repair and preventative maintenance services as stated in Section 2.3; b. Supplementary Services, as stated in Section 2.9; and c. Monthly Report as stated in Section NON-TECHNICAL SPECIFICATIONS 3.1 Modifications after Contract Execution During the term of the Contract, the Department may unilaterally require changes (altering, adding to, or deducting from the specifications) provided such changes are within the general scope of this solicitation. The Vendor may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department. The Department shall provide written notice to the Vendor 30 business days in advance of any Department-required changes to the technical specifications, and/or scope of service, which affect the Vendor s ability to provide the service as specified herein. Any changes, other than purely administrative changes, will require a written change order or formal Contract amendment. 3.2 Addition/Deletion of Locations The Department reserves the right to add/delete locations, equipment, or maintenance services in the resulting Contract, when considered to be in its best interest. Pricing shall be comparable to amounts awarded as a result of this ITB. 3.3 Mandatory Documentation All Vendors must submit the following mandatory documentation with their Bid: Page 16 of 45

17 3.4 Records and Documentation (1) Price Page (Attachment I) (2) Respondent s Contact Information (Attachment IV); and (3) Certification of Drug Free Workplace Program form, (Attachment VII), if applicable. To the extent that information is utilized in the performance of the resulting Contract or generated as a result of it, and to the extent that information meets the definition of public record, as defined in Section (1), F.S., said information is recognized by the parties to be a public record and, absent a provision of law or administrative rule or regulation requiring otherwise, shall be made available for inspection and copying by any person upon request as provided in Chapter 119, F.S. The Vendor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Vendor does not transfer the records to the Department; and (d) upon completion of the contract, transfer, at no cost, to the Department all public records in possession of the Vendor or keep and maintain public records required by the Department to perform the service. If the Vendor transfers all public records to the Department upon completion of the contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department s custodian of public records, in a format that is compatible with the information technology systems of the Department. Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB shall be retained by the Vendor for a period of five (5) years after the termination of the resulting contract or longer as may be required by any renewal or extension of the Contract. Pursuant to Section (1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Vendor to allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with the contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and either Section (1) or F.S. The Vendor further agrees to hold the Department harmless from any claim or damage including reasonable attorney s fees and costs or from any fine or penalty imposed as a result of failure to comply with the public records law or an improper disclosure of confidential information and promises to defend the Department against the same at its expense. 3.5 Price Page The Vendor shall complete, sign, date, and return Attachment I, Price Page. By submitting a Bid(s) under this ITB, each Vendor warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Vendor can offer the State. Any modifications, counter offers, deviations, or challenges will not be accepted, and may render a Bid non-responsive. If a submitted Price Page includes inconsistencies, inaccuracies, or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail. Page 17 of 45

18 3.6 Purchasing Card Program (PCard) The State of Florida has implemented use of a PCard, using the Visa platform. Upon mutual agreement of both parties, the Vendor receive payments via the PCard in the same manner as other Visa purchases. To find out more about the State s purchasing card program visit: Vendor Ombudsman A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this office include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by contacting the Florida Department of Financial Services at Payment and Invoicing Pricing for the Contract resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Vendor for the delivery of commodities and services, as specified in Attachment I, Price Page. All charges must be billed in arrears, in accordance with Section , F.S. The Vendor must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/fein, Contract number, and items provided. PROCUREMENT RULES AND INFORMATION 4.1 Instructions to Respondents (PUR 1001) The General Instructions to Respondents are outlined in form PUR 1001 which is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within form PUR There is no need to return this document with the response. This link is to PUR Vendor Inquiries Questions related to this ITB must be received in writing, via , by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged. Responses to written questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline. The VBS is located at: Procurement Officer Contact Information: Nicole Todd, Procurement Officer Bureau of Procurement Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida Phone: (850) purchasing@fdc.myflorida.com Between the release of the solicitation, and the end of the 72 hour period following posting of notice of intention to award (72 hour period excludes Saturdays, Sundays, and State holidays), Vendors responding to this solicitation, or persons acting on their behalf, may not contact any employee, or officer, Page 18 of 45

19 of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response, as per Section (23), F. S. Any person requiring special accommodation in responding to this solicitation, because of a disability, should call the Bureau of Procurement, at , at least five (5) business days prior to any presolicitation conference, solicitation opening or meeting. For the hearing or speech impaired, please contact the Bureau of Procurement by using the Florida Relay Service, which can be reached at (TDD). 4.3 Cost of Bid Preparation Neither the Department, nor the State of Florida, is liable for any costs incurred by a Vendor in response to this ITB. 4.4 Instructions for Bid Submittal Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Vendor s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are discouraged. Emphasis in each Bid must be on completeness and clarity of content. In order to expedite the review of Bids, it is essential that Vendors follow the format and instructions. (1) Bids may be sent by U.S. Mail, Courier, Overnight, or hand delivered to the location indicated in the Timeline. Electronic submission of Bids will not be accepted for the ITB; (2) All Bids must be submitted in a sealed envelope/package with the relevant ITB number and the date and time of the bid opening clearly marked on the outside of the envelope/package; (3) It is the Vendor s responsibility to assure its Bid submittal is delivered to the proper place and time as stipulated in the Timeline. The Department s clocks will stamp Bids received, and provide the official time for bid opening; (4) Late Bids will not be accepted; and (5) Submit one original Bid, and one (1) electronic copy in searchable PDF format on a CD. The electronic copy must contain the entire Bid, as submitted, including all supporting and signed documents. If the Vendor submits a redacted copy of the Bid, as outlined in Section 4.17, the Vendor should submit one (1) redacted hard copy and one (1) redacted electronic copy, in searchable PDF format (in addition to the non-redacted version), on CD. CDs submitted should not be password protected. 4.5 Disclosure of Bid Submittal Contents All documentation produced as part of this solicitation shall become the exclusive property of the Department, and may not be removed by the Vendor or its agents. All Bid responses shall become the property of the Department and shall not be returned to the Vendor. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any Bid. Selection or rejection of a Bid shall not affect this right. 4.6 Bid Opening Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Bid responses received late (after bid opening date and time) will not be accepted, nor considered, and modification by the Vendor of submitted Bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent Page 19 of 45