INVITATION TO BID (ITB) FOR EMERGENCY GENERATORS SERVICE STATEWIDE FDC ITB RELEASED ON 1/17/17

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1 INVITATION TO BID (ITB) FOR EMERGENCY GENERATORS SERVICE STATEWIDE RELEASED ON 1/17/17 By the: Florida Department of Corrections Bureau of Procurement 501 S. Calhoun Street Tallahassee, FL (850) Refer ALL Inquiries to Procurement Officer: Paul E. Cowan Page 1 of 63

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 Estimated Quantities Minimum Order Security Requirements... 6 SECTION 2.0 TECHNICAL SPECIFICATIONS Routine Maintenance Service Hourly Repair Rate for and Emergency General Contractor Requirements Maintenance Records and Documentation Reporting Requirements SECTION 3.0 NON-TECHNICAL SPECIFICATIONS Modifications after Contract Execution Addition/Deletion of Items & Locations Delivery Mandatory Documentation Records and Documentation Price Page Purchasing Card Program (PCard) Vendor Ombudsman Payment and Invoicing Contract Management formance Measures and Financial Consequences Contract Monitoring Site Visits SECTION 4.0 PROCUREMENT RULES AND INFORMATION General Contract Conditions (PUR1000) Bidder 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 Verbal Instruction Procedure/Discussions No Prior Involvement and Conflict of Interest State Licensing Requirements MyFloridaMarketPlace (MFMP) Registration Certificate of Authority Page 2 of 63

3 4.17 Confidential, Proprietary, or Trade Secret Material E-Verify Bidder Substitute W Scrutinized Companies Identical Tie Bids Rejection of Bids Inspector General Protest Procedures SECTION 5.0 SPECIAL CONDITIONS General Instructions to Respondents (PUR1001) State Initiatives Subcontracts Copyrights, Right to Data, Patents and Royalties Independent Contractor Status Assignment Severability Use of Funds for Lobbying Prohibited Employment of Department sonnel Legal Requirements Insurance Prison Rape Elimination Act (PREA) ATTACHMENT I - Price Page ATTACHMENT II - Security Requirements ATTACHMENT III - Site Visit Schedules/Locations ATTACHMENT IV - Drug Free Work Place ATTACHMENT V - Bidder's Contact Information Page 3 of 63

4 TIMELINE EVENT DATE/TIME LOCATION Release of ITB January 13, 2017 Vendor Bid System: Last day for written inquires to be received by the Department January 31, 2017 at 2:00 p.m. Eastern Time Submit to: Florida Department of Corrections Paul Cowan, Procurement Officer Posting of written responses to written inquires February 14, 2017 at 2:00 p.m. Eastern Time Vendor Bid System: Sealed Bids Due and Opened February 28, 2017 Must be received prior to 2:00 p.m. Eastern Time Submit to: Florida Department of Corrections Paul Cowan, Procurement Officer 501 South Calhoun Street Tallahassee, Florida Posting of Recommended Award March 14, 2017 Vendor Bid System: [Remainder of Page Intentionally Left Blank] Page 4 of 63

5 SECTION 1.0 INTRODUCTORY MATERIALS 1.1 Statement of Purpose The Department of Corrections, Division of Facilities Management and Building Construction is releasing an Invitation to Bid (ITB), to establish an Agency Term Contract for routine repairs, emergency repairs, and maintenance services, on the Department s existing emergency generators systems, including but not limited to; generators, transfer switches, fuel delivery systems, and associated components; with the exception of fuel storage tanks. Services will be provided on any additional equipment acquired by the Department (additions and deletions of equipment), during the term of the Agency Term Contract. This ITB will be for all makes and models in each region. 1.2 Contract Term and Renewal As a result of this ITB, the lowest responsive and responsible Bidder per region will be awarded a five year Agency Term Contract, which may be renewed, for up to three 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. The resultant Contract will provide services for all four regions (Statewide). There will be a separate award for each region. 1.3 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: 1.4 Definitions A. Addenda, in reverse order of issuance B. Invitation to Bid, including attachments C. General Contract Conditions (Form PUR 1000) (Section 4.1); and D. General Instructions to Respondents (Form PUR 1001) (Section 5.1) The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings: 1. Agency Term Contract: A written agreement between the Department and awarded Bidder, which is mandatory for use by the entire Department, under which Purchase Orders will be issued. 2. Bi-annual Reports: Reports occurring twice per year. 3. Bid: A Bidder s response to this ITB, which the Bidder shall submit on approved forms. 4. Bidder: A legally qualified corporation, partnership, person, or other entity, submitting a Bid to the Department, in response to this ITB. 5. Breach of Contract: A failure of the Bidder to perform services, or provide commodities, in accordance with the terms and conditions of the Contract which may result from this ITB. 6. Contract: The agreement which results from this ITB, between the awarded Bidder and the Department. 7. Contractor: The organization, or individual, providing services to the Department, in accordance with the terms of the Contract resulting from this ITB. Page 5 of 63

6 8. Corrective Action Plan (CAP): A Bidder s comprehensive written response to any deficiencies discovered in the course of Contract Compliance Monitoring, and plan for remediation of those deficiencies. 9. Deliverables: Those services, items and/or materials provided, prepared and delivered to the Department, in the course of Contract performance. 10. Department: The Florida Department of Corrections (FDC). 11. Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Bidder to be considered responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a Bid. Any Bid rejected for failure to meet mandatory responsiveness requirements will not be reviewed further. 12. 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 Bidder over other Bidders, 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. 13. Minor Irregularity: A variation from the ITB terms and conditions, not affecting the price, giving the Bidder an advantage or benefit not enjoyed by other Bidders; does not adversely impact the interests of the Department. A minor irregularity will not result in a rejection of a Bid. 14. PCard: Refers to the State of Florida s purchasing card program, using the Visa platform. 15. 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. 16. Responsive Bid: A Bid, submitted by a responsible Bidder, which conforms to all material aspects of the solicitation. 17. Specifications: The detailed conditions of the Contract, detailed technical specifications, and other descriptions of the work, as set forth in the Contract documents. 18. Subcontract: An agreement between the Bidder and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Bidder, specifically related to securing, or fulfilling, the Bidder s obligations to the Department, under the terms of the Contract resulting from this ITB. 1.5 Estimated Quantities Any quantities listed are given only as a guideline for preparing a Bid, and should not be construed as representing actual quantities to be purchased. 1.6 Minimum Order There is no minimum order. 1.7 Security Requirements For services performed under the resultant Contract, the successful Bidder, and its employees and agents, shall adhere to Attachment II, Security Requirements. Page 6 of 63

7 SECTION 2.0 TECHNICAL SPECIFICATIONS 2.1 Routine Maintenance Service The Successful Bidder(s) shall be responsible for routine maintenance, service, and repairs of generators identified in Attachment I: Price Page. If it is determined that a repair is not in the best interest of the Department, the Department shall have the option to perform the repair with Department staff or to remove the unit from inclusion under the Contract. All services shall be provided in accordance with the requirements specified in the following sections of this ITB, and must meet or exceed the service levels described in these sections Eighteen (18) Month Maintenance Eighteen (18) month maintenance shall include all of the requirements of the bi-annual maintenance, and inspections, (Section 2.1.2), along with the following additional services: Oil/Filter Change The Vendor shall change the oil and filters in all generators to conform to the manufacturer s specifications. This shall be done every eighteen (18) months and/or every 250 hours of operation, whichever occurs first. Only the manufacturer s approved oil and filters shall be used. Note: Each time a filter is replaced, the date must be written on the newly installed filter with a permanent marker Lubricating System The Vendor shall: a. Change governor oil (where applicable); b. Change injection pump oil (where applicable); and c. Change the oil in the crankcase breather (where applicable) Fuel Delivery System The Vendor shall: a. Lubricate the day tank float switch and manual pump (where applicable); b. Replace the fuel filters; c. Lubricate carburetor and linkage (where applicable); and d. Lubricate governor linkage and service air filters Cooling System Battery The Vendor shall replace water filters, where applicable. The Vendor shall check specific gravity and perform the load test Exhaust System The Vendor shall: a. Drain condensation where possible; and b. Check and lubricate the heat riser plate Ignition System (where applicable) The Vendor shall: Page 7 of 63

8 a. Replace plugs; b. Replace points; c. Replace condenser; d. Replace rotor; e. Inspect cap and replace as necessary; f. Lube point cam (where applicable); g. Lube advance wick; h. Lube upper and lower bearing; i. Set timing; j. Inspect and lube mechanical advance; and k. Inspect wires The Vendor shall: a. Clean rings and the commutator; b. Lubricate over speed switch; c. Check diode heat sinks; and d. Inspect rear bearing Engine Running The Vendor shall: a. Test low oil pressure safety switch, and record seconds to shut down; b. Test high engine temperature safety switch, and record seconds to shut down; c. Test overspeed safety switch, and record seconds to shut down; d. Check pre-alarms (where applicable); e. Check over crank system, and record seconds to shut down; and f. Check cycle cranking time, and record seconds of cranking and seconds of rest Accessories The Vendor shall lubricate all hinges, door locks, and snap covers, etc Bi-Annual Maintenance and Inspections The Successful Bidder(s) shall provide bi-annual inspections every six months and preventive maintenance services of all equipment at all locations indicated in Attachment I, Price Page. A recommended maintenance schedule shall be provided by the Successful Bidder(s) to FDC and must be approved by the FDC Contract Manager. Testing and adjusting of the equipment must be performed on-site, on a bi-annual basis, for the total term of the Contract including renewals. If, during a bi-annual inspection, it is determined that repairs need to be made, the Successful Bidder(s) shall submit a quote to the Institution s Maintenance Superintendent(s) and, if approved, a separate purchase order will be issued for the parts and labor necessary to complete the repairs. The Successful Bidder(s) shall perform the following services on all equipment, systems and components: Testing The Vendor shall test each generator for at least one hour under full connected load to perform a biannual inspection Lubricating System Page 8 of 63 The Vendor shall:

9 a. Check lube oil level and add oil as necessary; b. Inspect for oil leaks. Check and re-torque connections to manufacturer s specifications; c. Check governor oil level and add oil as necessary (where applicable); d. Check condition of lube oil hoses and connections; e. Check oil base heater and adjust if necessary; f. Check injection pump oil level and add oil if necessary (where applicable); g. Check engine breather. Clean and remove any oil residue, dust, dirt, or other restriction, start engine, check oil pressure; h. Check engine oil stick for water or residue; i. Check turbo-charger for oil leaks (where applicable); j. Check front and rear crank shaft seals for oil leaks; k. Check equipment hour meter for hours of operation. If hours of operation are near or exceed the 250 hour stipulated time for oil service, then change oil and filter with the manufacturer s approved oil and filter. Start engine and check for oil leaks at the filter. Check oil stick for proper oil level; l. Take oil sample and send to laboratory for analysis; and m. Provide a copy of the report to the respective Department s Contract Manager and to the Maintenance Supervisor of the Department s facility Fuel Delivery System The Vendor shall: a. Inspect fuel lines, hoses, connections, clamps, injectors/carburetors, injector pumps, and priming pump, etc. for leaks. Correct as needed; b. Check operation of day tank (where applicable); c. Drain water from fuel traps (where applicable); d. Drain water from day-tank strainer (where applicable); e. Clean sediment bowl (where applicable); f. Check for water in fuel; g. Inspect fuel filter. Change filter as necessary; and h. Check fuel pressure. Ensure compliance with manufacturer s specifications Cooling System The Vendor shall: a. Check for leaks; b. Check coolant level. Add if necessary; c. Check coolant PH and add long-life antifreeze, as necessary; d. Check all belts for cracks or wear. Replace as necessary; e. Check all belts for proper tension. Replace as necessary; f. Check condition of water hoses and clamps; g. Check for leakage. Repair leaks; h. Check water filter, and replace water filter elements as needed; i. Pressure test radiator and cap; j. Check water pump for leaks and bearing noise; k. Verify the temperature gauge is reading the correct temperature using an infrared device; l. Check operation of engine heater and switch; m. Check fan and radiator for physical damage, obstruction and leaks; and n. Test and replace antifreeze, when required Air Systems Page 9 of 63 The Vendor shall: a. Check air cleaner (dry type); replace as necessary; b. Check turbocharger clearance (where applicable); c. Check and service oil bath air cleaners as needed (where applicable); and d. Check air hoses and connections (where applicable).

10 Electrical System The Vendor shall: a. Check battery fluid. Correct if necessary; b. Check battery specific gravity. Replace if necessary; c. Check battery trickle charger. Record rate; d. Check battery connections. Clean & tighten if necessary; e. Lubricate generator, starter/cranking; f. Check air compressor, if not electric start; and g. Check for loose load line connections and emergency supply line connections Exhaust System The Vendor shall: a. Inspect the entire exhaust system; b. Check rain cap for leaks; and c. Inspect the manifold connection for leaks. Re-torque as necessary Engine Safety Controls The Vendor shall check operations of all safety controls and emergency stops Engine Test- No Load The Vendor shall: a. Start engine and check operation. Adjust RPM if necessary; and b. Observe oil pressure load and record Engine Test- With Load The Vendor shall: a. Test run the generator with the connected load energized for at least one (1) hour. b. Observe and record volts, amps, cycles, engine water temperature, lube oil temperature, engine lube oil pressure, and battery charge rate; and c. Shut down engine and return to normal automatic condition unless otherwise noted Ignition System (if applicable) The Vendor shall: a. Inspect all wires; b. Check ammeter for discharging while cranking; and c. Check ammeter for full charge at start-up Sets Page 10 of 63 The Vendor shall: a. Check slip rings; b. Check commutator; c. Check brushes to assure they are free; d. Inspect generator wiring for fraying; e. Check and record each phase volts, amps, and frequency. Check operation of transfer switch; f. Check automatic start-up; g. Check generator grounding; h. Adjust voltage regulator; i. Check generator windings and armature for cleanliness;

11 j. Check exciter belts for fraying or cracking; k. Check exciter and regulator for cleanliness; l. Check generator mounting bolts for tightness. Re-torque as required; m. Lubricated generator bearings, drives and joints; n. Inspect for potential hazards resulting from vibration and/or pressure; o. Check for alternator vibration; p. Inspect and torque (if necessary) all main supply, emergency supply, and load line connections; and q. Verify phase relay drop out and pickup points, adjust if necessary Transfer Switch The Vendor shall: a. Check all wiring; b. Inspect to assure all supply and load lines are tight; c. Check for proper mechanical operation of the transfer mechanism; d. Note settings on timers and assure they are proper for the application; e. Verify phase relays drop out and pick up joints, traditionally drop out at 70% and pick up at 90% of rated voltage. Adjust if necessary; f. Attach calibration tag with date and calibration of relays noted; and g. Advise the Contract Manager as to any options he might want to add or change Engine The Vendor shall: a. Test run engine under actual load for at least one hour; b. Check for engine noises; c. Check carburetor/injectors for proper adjustments. Correct as necessary; d. Check choke adjustment (where applicable); e. Check engine for excessive smoke; f. Check for air in the induction system; g. Check cylinder head and head gasket; h. Check for excessive blow-by; i. Check turbocharger for noise; j. Check pre-lube pump for proper operation; k. Check engine run speed and correct if necessary; l. Check engine low idle speed and correct if necessary; m. Check emergency shutoff for proper operation; n. Check engine for proper operation at rated speed; o. Inspect engine mounting bolts. If bolts are loose, then tighten. If bolts are broken, then replace; and p. Check engine wiring harness for breaks or wear. If wiring harness is broken, then repair. If wiring harness is worn, then repair and reroute to prevent wear Testing The Vendor shall: a. While the engine is running under actual connected load, adjust voltage and frequency; b. Adjust clock exerciser as necessary; c. Test delay start; d. Test delay pick-up; e. Test delay retransfer; f. Test delay cool down; g. Test delay transition; h. Test delay preheat; i. Calibrate under voltage sensors; Page 11 of 63

12 j. Calibrate overvoltage sensors; k. Calibrate generator sensors; l. Record load per leg; m. Record voltage per leg; n. Record frequency; o. Record oil pressure; p. Record water temperature; q. Check battery charging system; and r. Clean up work area. The Successful Vendor(s) shall be responsible for removal and disposal of all oil filters and shall comply with all Federal, State, and Local regulations for disposal of hazardous materials Load Bank Test (Resistive only) Fuel Polish The Vendor(s) shall: a. Test each generator under full-rated load for at least two hours. These tests must be performed every 24 months. b. Keep a record of all operating systems of the alternator and the engine during the load bank test. c. Provide a complete written report of the load bank test to the respective Contract Manager and the Maintenance Supervisor of the Department facility for each generator set. The Successful Bidder(s) shall provide generator fuel polishing, as necessary, to maintain equipment as delineated in Section 2.1, Routine Maintenance Service General Maintenance Responsibilities The Successful Bidder(s) shall provide, at no cost to the Department, all test equipment, tools, materials and parts necessary to maintain equipment as delineated in Section 2.1 Routine Maintenance Service Warrantied Equipment All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for equipment previously purchased, but still under warranty, will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Successful Bidder(s), unless otherwise directed by the Department s Contract Manager. All service calls shall be initially reported to the Successful Bidder(s). If the service call involves a warranty item, the Successful Bidder(s) shall notify the Department s Contract Manager, who will then have the responsibility of placing and tracking the warranty service call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty service call to the Department shall be provided by the Successful Bidder(s) at no additional cost to the Department. 2.2 Hourly Repair Rate for and Emergency The Successful Bidder(s) shall bid an hourly rate for repair of the generators listed in Attachment I, Price Page. The hourly rate will be charged from the time that the technician arrives at the facility, to the time the technician leaves the facility. This Bid will establish an hourly rate for these services for both regular (8:00 A.M. - 5:00 P.M., Monday through Friday) repairs and after-hours repairs (including holidays and weekends). Purchase Orders will be issued for repairs and sent directly to the vendor. Hourly rates shall include mileage, trip fees, service fees or any other applicable charges. Page 12 of 63

13 2.2.1 Response Time for Emergency The response time for emergency repairs shall be within four hours from the time of notification to the Successful Bidder(s) by the Department. In the event the Successful Bidder(s) fails to meet this requirement, the Successful Bidder(s) may be found in default of the Contract at the Department s discretion Response time for Non-Emergency The response time for non-emergency repairs shall be within twenty-four (24) hours from time of notification, (excluding weekends and holidays) to the Successful Bidder(s) by the Department. In the event the Successful Bidder(s) fails to meet this requirement, the Successful Bidder(s) may be found in default of the Contract at the Department s discretion. The Successful Bidder(s) will obtain any pre-approval necessary for technicians to enter the Institution, to comply with the twenty-four (24) hour required response time Pre-Approved All repairs shall be pre-approved by the issuance of a Purchase Order before the commencement of any work, with the exception of after-hours emergencies. Pre-approval for after-hours emergencies will be made verbally on-site by the Warden, or designee, or the Maintenance Superintendent, to be followed-up by a Purchase Order, or PCard payment The Successful Bidder(s) shall make approved repairs at the awarded hourly rate plus parts, in accordance with Section 2.2.4, below If the use of a rental unit is necessary during the course of a repair, either minor or major, the Successful Bidder(s) shall notify the Maintenance Superintendent. The Maintenance Superintendent will schedule delivery of the rental unit with the Successful Bidder(s). The Bidder must provide an Emergency Rental Rate Schedule with the Bid. The Rental Rate proposed shall be equal to or less than the lowest rate offered to the general public at large, or state, or federal customer Cost of Repair Parts All replacement/repair parts must be original manufacturer s parts, unless approved by the Department, and must be either new or like-new refurbished parts. Replaced (old) parts shall become the property of the Successful Bidder(s). New and refurbished replacement/repair parts shall become the property of the Department. Only parts approved by the original manufacturer, for the specific device being serviced, shall be used when replacement/repair parts are required. The cost of repair parts shall be in accordance with the following: Cost shall not exceed the current manufacturer s published list price, regardless of the reason for the replacement; and The Successful Bidder(s) is required to furnish a list of the percentage savings, in prices offered, as compared to the manufacturer s retail list published, or using standard and customary prices that would be paid by the Purchaser, without benefit of a Contract resulting from this Bid. The successful Bidder(s) shall provide the manufacturer s published price list upon request by the Department. If parts are obtained from a source other than that which the Bidder(s) represent, then the cost to the Department shall not exceed 15% of the invoiced price. Documentation shall be required, and must include a detailed invoice from the supplier, with unit price, description of part, and the percentage below MSRP price charged for each part. Page 13 of 63

14 2.3 General Contractor Requirements This section delineates requirements for all generators, including but not limited to; generators, transfer switches, fuel delivery systems, and associated components (with the exception of fuel storage tanks) listed in this Bid Local Service Area Address Presence Due to the criticality of generator operation, the Department requires the Successful Bidder(s) to have a local service area presence within each region to ensure timely response to service calls. The Successful Bidder(s) shall include, with the Bid, the Bid address from which services will be provided Subcontracting No subcontracting is permitted under the resulting Contract. The only exception to this i s a subcontract with an authorized dealer of a particular brand of generator, to perform routine or emergency repairs for which the scope of work required, is beyond the area of expertise of the Successful Bidder(s). All subcontractors must be pre-approved by the Department s Contract Manager or designee Scheduling All bi-annual, eighteen (18) month routine maintenance, load bank tests, and repairs shall be conducted during normal working hours, Monday through Friday, 8:00 a.m. until 5:00 p.m., local time. To arrange for an appointment to perform service at a particular institution, the Bidder must contact the Maintenance and Construction Superintendent at the facility. A minimum of 48 hours notice is required. The names and telephone numbers for the applicable Maintenance and Construction Superintendent(s) will be provided to the Successful Bidder. The Successful Bidder(s) shall provide bi-annual, eighteen (18) month maintenance and load bank test schedules to the Contract Manager within thirty (30) days after execution of the Contract Inventory of Equipment The list of equipment in Attachment I, Price Page, is the Department s current comprehensive inventory. The Successful Bidder(s) shall maintain the inventory when performing scheduled maintenance of all equipment. Anytime the inventoried equipment changes through additions, deletions, re-location or transfer, the Successful Bidder(s) must modify their records to indicate such action and maintain an accurate equipment inventory. This inventory shall be communicated in writing to the Department s Contract Manager and shall include, at a minimum, the following: a. The make, model, KW rating and location of each piece of equipment; b. Any existing manufacturer s warranties on equipment added, if applicable; c. Notation of any changes since the last bi-annual report; and d. Type of service required (Bi-annual or eighteen (18) month). The Successful Bidder(s) shall, under no circumstances, remove any equipment marked with a property sticker of the Department. The Successful Bidder(s) shall request specifically, when replacing equipment, that the property sticker be removed by a D epartment staff member or employee, appropriated by the Institution s Field Office Manager, and authorized to adjust equipment inventory records. NOTE: All equipment specified in Attachment I, Price Page, is operational. Any additional equipment acquired by the Department shall be added to the Successful Bidder s equipment inventory, as specified in Section 2.3.5, Additions and Deletion of Equipment. Page 14 of 63

15 2.3.5 Additions and Deletions of Equipment The Department retains the right to add or to delete any equipment from service provided under the resultant Contract, upon notification by the Department to the Successful Bidder(s) The Department shall attempt to provide advanced notice to the Successful Bidder(s) of all additional and/or new equipment. However, should any of the Successful Bidder s personnel receive a maintenance or repair call, and records show that the individual piece of equipment is not inventoried and covered by the resultant Contract; the Successful Bidder will perform repairs as if equipment was covered by the resultant Contract, and notify the D e p a r t m e n t s Contract Manager. The D e p a r t m e n t s Contract Manager will provide official notice of the equipment addition, in writing, and amend the Contract document(s), as necessary. The Successful Bidder(s) may then charge for that piece of equipment, as described in , effective on the date the Successful Bidder(s) was called for service on that piece of equipment If removing equipment from coverage under the resultant Contract, the Department shall provide 30 days written notice. The Contract Manager will provide official notice of any equipment deletion, in writing, and complete an amendment to the Contract The Successful Bidder(s) shall provide service on additional and/or new equipment, of the same make and model, at the same or lower rates than the unit/category price Bid under this ITB Staffing Requirements The Successful Bidder(s) shall ensure that they have sufficient personnel to provide the services outlined in this ITB for all regions bid. All technicians provided to perform services shall have at least 40 hours of factory training on generators similar to those identified herein, or related equipment. The Successful Bidder(s) shall have a verifiable, in-house training program for its personnel on emergency power generator service, to include diesel and electrical training, as well as continuing educational training in emergency power generation units and diesel engines Institutional and Facility Security The Successful Bidder(s) shall comply with Attachment II, Department Security Requirements, on institutional and facility security policies. Violations of these rules could result in termination of the resultant Contract. The Successful Bidder(s) shall contact, within 10 days of execution of any Contract which may result from this ITB, the institution or facility to obtain a copy of any specific institutional or facility rules Any Successful Bidder s staff or representative, assigned to this project, who will enter any Department institution or facility where offenders are present or housed, shall be subject at the Department s expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. These records checks will be coordinated by the respective Contract Manager and may re-occur at any time. The Department has full discretion to require the Successful Bidder s to disqualify, prevent, or remove any staff from any work under the Contract. The Department is under no obligation to inform the Successful Bidder(s) of the records check findings or the criteria for disqualification or removal. In order to carry out this records check, the Successful Bidder(s) shall provide to the respective Contract Manager, within 1 0 days of Contract execution, the following data for individuals, the Successful Bidder s or subcontractor s staff or representative assigned to Contract: Full Name, Race, Sex, Date of Birth, Social Security Number, Driver s License Number and State of Issue. Page 15 of 63

16 The Successful Bidder(s) shall ensure that the representative Contract Manager is provided the information needed to have the NCIC/FCIC background check conducted prior to any Successful Bidder s staff being hired or assigned to provide services under any Contract which may result from this ITB. The Successful Bidder(s) shall not offer employment to any individual nor assigned staff or representative to the Contract who have not had an NCIC/FCIC background check conducted The Successful Bidder(s) shall not hire any person to provide services under any Contract which may result from this ITB, who has been barred from any Department institution or other Department facility The Successful Bidder(s) shall not employ any individual to provide services at any institution or facility who is under supervision or jurisdiction of any parole, probation or correctional authority. sons under any such supervision may work for other elements of the Successful Bidder s company that are independent of the services provided under any Contract which may result from this ITB The Successful Bidder(s) shall disclose any business or personal relationship a Successful Bidder s staff person, officer, agent, or potential hire may have with anyone presently incarcerated or under the supervision of the Department The Successful Bidder(s) shall immediately report any new arrest, criminal charges or convictions of a current employee assigned to this Contract to the respective Contract Manager. In addition, the Successful Bidder(s) shall immediately report any new arrest, criminal charges or convictions of an employee or other representative whether assigned to this Contract or not, to the respective Contract Manager. 2.4 Maintenance Records and Documentation The Successful Bidder(s) shall maintain and update generator systems maintenance records for each type of equipment serviced. Such documentation shall include, but shall not be limited to, records of all service calls, preventative maintenance performed, and any system modifications, if applicable. The Successful Bidder(s) shall maintain a service log at the site for each piece of equipment maintained. 2.5 Reporting Requirements Bi-annual Reports A summary report is required for all services performed bi-annually, by Region, during the resultant Contract period. The report shall be broken down by date of service, equipment and institution, and shall provide an itemized list of all services and repairs provided for each piece of equipment. The report shall be supplied to the Contract Manager, with a copy to the Maintenance Superintendent of each respective institution, no later than ten (10) days following the end of each bi-annual period. Contents and format of the report shall be subject to change upon written notice from the Contract Manager Annual Reports Page 16 of 63 A summary report is required for all services performed annually, by region, during the resultant Contract period. The report shall be broken down by date of service, equipment and institution and shall provide an itemized list of all services and repairs provided for each piece of equipment and an updated inventory of all generators. The report shall be supplied to the Contract Manager and a copy to the Maintenance Superintendent, of each respective institution, no later than ten days following the end of every year. The report shall also summarize the bi- annual reports and state results of annual maintenance, repairs, and replacements that were made. Contents and format of the report shall be subject to change upon written notice from the Contract Manager.

17 SECTION 3.0 NON-TECHNICAL SPECIFICATIONS 3.1 Modifications after Contract Execution During the term of the resultant 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 Bidder 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 Bidder 30 days in advance of any Department-required changes to the technical specifications, and/or scope of service, which affect the Bidder 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 Items & Locations The Department reserves the right to add or delete 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. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations as specified within Attachment I, Price Page, included within this ITB. 3.3 Delivery Product(s) shipped to an Institution to support the services to be rendered under any resultant Contract(s) shall be shipped as freight on board (FOB), and arrive within the time agreed upon between the ordering institution and the Bidder after the order is placed. Deliveries must be made between 8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract. 3.4 Mandatory Documentation All Bidders must submit the following mandatory documentation with their Bid: A. Price Page Attachment I B. Drug Free Workplace Certification Attachment IV C. Parts Price List Section Records and Documentation 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 Page 17 of 63

18 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 Section (1), 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 3.6 Price Page The Bidder shall complete, sign, date, and return documents entitled, Attachment I, Price Page. By submitting a Bid(s) under this ITB, each Bidder warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Bidder 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. 3.7 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 Bidder may 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 Department of Financial Services. The duties of this individual 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 calling the Department of Financial Services Toll Free Hotline, Payment and Invoicing The Contract resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Bidder for the delivery services, as specified in Attachment I, Price Page. All charges must be billed in arrears in accordance with Section , F.S. The Department requires a single invoice, on a monthly billing cycle, for commodities and services provided. The Bidder must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/fein, Contract number, and dates of service Contract Management Department s Contract Manager The Contract Manager for this Contract will be: Condelia Ward Division of Facilities Management and Building Construction Florida Department of Corrections Page 18 of 63

19 Page 19 of S. Calhoun Street Tallahassee, Florida The Contract Manager will: A. Serve as the liaison between the Department and the Bidder; B. Verify receipt of the deliverables from the Bidder, if applicable; C. Submit requests for change orders, if applicable; D. Review, verify, and approve invoices from the Bidder, if applicable; E. Communicate with the Contract Administrator to process all amendments, renewals and termination of the Contract; and F. Evaluate Bidder performance. This evaluation will be placed on file and will be considered if the Contract is subsequently used as a reference in future procurements. The Contract Manager may delegate the following functions to the designated Department staff: A. Verification of deliverables received from the Bidder; B. Monitoring the Bidder s performance; and C. Reviewing, verification and approval of invoices Contract Administrator The Contract Administrator for this Contract will be: ATC Administrator Bureau of Procurement Department of Corrections 501 S. Calhoun, Suite 311 Tallahassee, FL Telephone (850) purchasing@fdc.myflorida.com The Contract Administrator will: 1) Maintain the Contract Administration file, which is the official Contract file of record; 2) Process all Contract amendments, renewals and requests for termination; and Maintain the official records of all formal correspondence between the Department and the Vendor provided by the Contract Manager for filing in the Contract Administration file formance Measures and Financial Consequences The Department desires to Contract with a Bidder(s) who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under any Contract resulting from this ITB. Therefore, the Department has developed the following formance Measures which shall be used to measure the awarded Bidder(s) s performance and delivery of services. The Bidder(s) shall comply with all Contract terms and conditions upon Contract execution and the Department may monitor this compliance upon implementation of services to ensure that Contract requirements are being met. The

20 Bidder(s) will be responsible for ensuring that all subcontractors who provide inmate services adhere to all terms and conditions of the Contract issued as a result of this ITB. Listed below are the key formance Measures deemed most crucial to the success of the overall desired service delivery. The Bidder(s) shall ensure that the stated performance outcomes and standards (level of achievement) are met. The Bidder(s) expressly agrees to the imposition of financial consequences, in addition to all other remedies available to the Department by law. The Department s Contract Manager, or designee, will provide written notice to the Bidder(s) of all financial consequences assessed, accompanied by detail sufficient for justification of assessment. Within ten (10) days of receipt of a written notice of demand for consequences due, the Bidder(s) shall forward payment to the Contract Manager. Payment shall be for the appropriate amount, be made payable to the Department, and be in the form of a cashier s check or money order. As an alternative, the Bidder(s) may issue a credit, for the amount of the financial consequences due, on the next monthly invoice following imposition of consequences; documentation of the amount of consequences imposed shall be included with the invoice. formance Measure #1 Requirement: The Bidder shall perform bi-annual generator inspections as outlined in Section Measure: All inspections will be based on a schedule that is provided annually (every July 31 st of each Contract year). Standard: 98% of all inspections will be performed within 30 days of the scheduled inspection. Financial Consequence: A Financial Consequence of $50.00 will be imposed on the 6 th day, (if the Vendor falls below 98%) after the missed scheduled inspection for service, and an additional $5.00 will be imposed for each day thereafter. formance Measure #2 Requirement: The Bidder shall provide reports detailing activity of all expenditures on generator maintenance and repairs. Measure: The report showing detailed expenditures will be provided every six (6) months to show expenditures todate, due every December 31 st and June 30 th. Standard: 98% of the reports submitted shall be accurate with minimal errors and corrections and submitted with invoices timely in December and June. A Financial Consequence of $50.00 will be imposed on the 6 th day, (if the Vendor falls below 98%) after the missed report, for any missed, scheduled inspection for service, and an additional $5.00 will be imposed for each day thereafter. By execution of any Contract resulting from this ITB, the awarded Bidder(s) hereby acknowledges and agrees that its performance under the resulting Contract shall meet the standards set forth above. Any failure by the awarded Bidder(s) to achieve the formance Measures identified above may result in assessment of Financial Consequences. Any such assessment and/or subsequent payment thereof shall not affect the Bidder s obligation to provide services as required by this ITB Contract Monitoring The Department s Contract Manager, or designee, will perform monitoring, during the term of the Contract, not less Page 20 of 63

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