INVITATION TO BID ITB HAZARDOUS WASTE COLLECTION AND DISPOSAL

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1 INVITATION TO BID ITB HAZARDOUS WASTE COLLECTION AND DISPOSAL Date Issued: September 19, 2018 Daytona State College is seeking proposals from qualified firms for the collection and disposal of hazardous materials. Details and requirements needed by the College are provided herein. Notice is hereby given that sealed bids will be received in the Purchasing Office, Building 1100, Room 122, 1100 Willis Avenue, Daytona Beach, FL until October 10, 2018 at 2:00 p.m. Eastern Standard Time (EST) and bid opening will take place in Building 1100, Room 123. Direct inquiries to: Stephanie Mims Purchasing Agent Telephone Number: (386) Fax Number: (386) Mail To: Daytona State College Attn: Stephanie Mims PO Box 2811 Daytona Beach, Florida Delivery to: Building 1100, Room Willis Avenue Daytona Beach, FL Upon receipt of this bid document, any and all communications regarding this bid must be made only to the Purchasing Office as noted above. Any violation of this condition could result in bid disqualification. This is a Sealed Bid - Fax replies will not be accepted. Daytona State College operates in accordance with the State of Florida Sunshine Laws. 1

2 Background Daytona State College was authorized by the 1957 Florida Legislature and became the state s first comprehensive community college. Today, the College has evolved from a small campus into an academically supervised multi-campus institution providing educational and cultural programs. Daytona State College has fostered a tradition of excellence in academics and service to a growing community. Daytona State College now serves more than 27,000 students annually. Daytona State provides quality, affordable job training, personal enrichment, and academic programs to educate and to empower individuals and promote economic development. As a comprehensive public college committed to open access, student learning and success, Daytona State College provides personalized attention to students, embraces diversity, and uses innovation to enhance teaching and learning. General Information To insure consideration of your bid, please follow these instructions. Bids not in compliance with the requirement specified herein are subject to rejection. 1. SEALED BIDS: One (1) bid marked Original, one (1) copy, and one digital copy (via USB flash drive in PDF format) must be received by the Purchasing Department by the date and time specified at which time they will be opened and recorded. The bids will not be immediately evaluated. The Bid Reply Sheet, Attachment A, Attachment B, Attachment C and any signed addenda issued shall be included. Bids must be sealed and clearly labeled with the following information: a. Name and address of Bidder b. ITB number c. Date and time of Bid opening 2. PREPARATION OF BIDS: All information shall be entered in ink, typewritten, or produced by computer. It is your responsibility to make certain that unit prices and extended prices are correct. In case of discrepancy in computing the amount of the bid, the unit price quoted will govern. The College will not be responsible for errors or omissions made by the Bidder in determining bid price(s). The bid must contain a manual signature of an authorized representative of the agency bidding. In order to insure uniformity, bids must be submitted on this Bid Reply Sheet and the attached pages. The College shall not be responsible for any cost or expense incurred by the Bidder in preparing or submitting a bid or any cost prior to the execution of a contract agreement. 3. NO BID: If unable to submit a bid, please sign and return the Statement of No Bid by mail, or fax advising the reason for not submitting a bid. To ensure inclusion in future bids, a Bidder should submit the NO BID Response Sheet to be received by the Purchasing Department no later than the stated bid opening date and time. 4. OBLIGATION OF BIDDER: By submitting a bid, the Bidder covenants and agrees that they have satisfied themselves from their own investigation of the conditions to be met, that they fully understand their obligation and that they will not make any claim for, or have right to cancellation or relief from the contract because of any misunderstanding or lack of information.

3 5. QUESTIONS REGARDING ITB: Questions regarding this ITB shall be made in writing by e- mail and must be received no later than September 25, :00PM, ET. Responses to all requests will be included in an addendum and will be made available to all Bidders. Requests for additional information received after the deadline will not receive a response. Responses will not be made orally. Any additional information pertaining to this ITB or to the equipment being sought hereunder obtained in a manner other than as described in the preceding paragraph should be regarded as unofficial. Daytona State College will not be bound in any way by information so obtained, or by a Bidder s reliance thereon. 6. ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD: Based on the evaluation on the date indicated on the ITB Tentative Schedule, the Purchasing Department shall electronically post a notice of intended award at If the notice of award is delayed, in lieu of posting the notice of intended award, the Purchasing Department shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Purchasing Department a notice of protest within 72 hours after the electronic posting. The College shall not provide tabulations or notices of award by telephone. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee, officer, or executive of the college concerning any aspect of this solicitation, except in writing, to the Purchasing Department or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. 7. COST DISCUSSIONS: The Bidder must not discuss cost information, except for clarification requested by the Purchasing Agent listed in this ITB prior to the posting of bid results, with any employee, board member or authorized representative of the College. Violation of this restriction will result in rejection of the said bid. 8. ADDENDA: All addenda issued during the time of bidding shall become part of the Bid Documents, and receipt thereof must be acknowledged in writing with the bid. The College accepts no responsibility for inaccurate bids due to missed information contained in any addendum. Each Bidder should ensure that they have received all addenda and amendments to the ITB before submitting their bids. Please access the college web site at for any addenda. 9. LATE BIDS: The deadline time and date will be strictly observed. Bids received after the specified time and date will be disqualified and will not be opened. All Bid Responses that are mailed or sent by an overnight delivery service to the College are directed to the College Central Receiving and Mailroom Departments prior to being delivered to the Purchasing Department. Bidders providing a Bid Response for any work at the College must take this information into consideration prior to the mailing of any Bid. It is the Bidders responsibility to make certain that his or her bid is in the hands of the Purchasing Agent prior to the opening time at the specified location. The official date and time of receipt shall 3

4 be the date and time of the time stamp within the Purchasing Department. The College accepts no responsibility for late or misdirected mail deliveries. All required information/documents must be included in your timely bid. Bids will be publicly opened, read aloud and recorded, on the date and time indicated, at the location specified in the Invitation To Bid. Information/documents received separately after the due date/time will not be accepted or considered. 10. CONSIDERATION OF BIDS: The College reserves the right to award the contract to the Bidder(s) that the College deems to offer the best overall bid. In addition, the College at its sole discretion, reserves the right to cancel this ITB, to reject any and all bids, to waive any and all informalities and/or irregularities, to re-advertise with either the identical or revised specifications, or not award a contract at all if it is deemed to be in the best interest of the College to do so. The College also reserves the right to make multiple or split awards if it is deemed to be in the College s best interest. It must be specifically understood that this Invitation To Bid does not create any obligation on the part of Daytona State College to enter into any contract or undertake any financial obligation with respect to the program referred to herein. 11. OTHER CONSIDERATIONS: The College may consider various factors in determining the lowest and best responsible bid, including, without limitation, past performance with the College, experience, financial stability, resources to perform the work, the ability to meet the specifications and time frame to complete the order. The College reserves the right to deem a bid unresponsive for those bidders who have previously failed in performance of an award or who have failed to deliver a contract within the time required by the College. 12. QUALIFICATION OF BIDDERS: Daytona State College reserves the right to require a Bidder to submit evidence of qualifications as it may deem necessary and may consider any evidence available concerning the financial and other qualifications of the Bidder. 13. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory supplier list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contract supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 14. EEO STATEMENT: The College is committed to assuring equal opportunity in the award of contracts, and therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, disability, national origin or gender. 15. ADA: The supplier awarded this bid shall agree to comply with the Americans with Disabilities Act (ADA) of BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for 90 days following opening of bids, to allow for formal action by the College Board of Trustees. The Bidder agrees that during such time the bid will remain firm and irrevocable. At the end of the 90 days, the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time, it remains in effect until a contract is awarded or the solicitation is canceled. 4

5 17. EVALUATION PROCESS: The College will evaluate all responsive bids received and determine how effectively it satisfies the ITB. 18. TERMS OF THE CONTRACT: A written contract and/or purchase order detailing agreed terms will be rendered between the College and the agency achieving a successful bid. Terms of the contract and/or purchase will include any and all items as specified in the bid, plus mutually agreed terms and conditions. The content of this ITB and all provisions of the successful bid response deemed pertinent by Daytona State College may be incorporated into a contract and become legally binding. Any award made under this ITB is contingent upon appropriations legislated by the State of Florida. All items must be individually priced for accounting purposes. 19. CLARIFICATION: The College reserves the right to request clarification of information submitted and to request additional information of one or more Bidders, if needed. 20. CONFLICT OF INTEREST: The award hereunder is subject to the laws of the State of Florida. All Bidders must disclose, with their bid, the name of any officer, director, or agent who is also an employee of the College. Further, all Bidders must disclose the name of any state employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidders firm or any of its branches. 21. TERMINATION: An agreement/contract resulting from this bid may be terminated by either party without cause at any time by one party giving the other party sixty (60) days prior notice. Notice shall be provided in writing via a mail courier service with proof of delivery. 22. LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county and local laws, and all ordinances, rules, and regulations shall govern development, submittal and evaluation of all bids received in response hereto and shall govern all claims and disputes which may arise between person(s) submitting a bid response hereto and the College. Lack of knowledge by any Bidder shall not constitute a cognizable defense against the legal effect thereof. Bidders have certain rights under Chapter 120, Florida Statutes. Failure to file a protest within the time prescribed in section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. 23. PAYMENT TERMS: The College will take any Prompt Payment Discount offered by the Bidder if payment is made within the time period; however, only terms allowing 30 days payment will be considered in evaluating proposals. Payment will be made by the College after satisfactory services are rendered in accordance with the terms of the contract. The College issues purchase orders that guarantee payment for goods or services received. No prepayments are allowed. 24. TAXES: Sales to Daytona State College are exempt from state sales tax, tax exemption no: C COOPERATIVE PURCHASE AGREEMENT: With the consent and agreement of the successful bidder(s) purchases may be made under this solicitation by other colleges, state universities, District school boards, and other educational institution within the State of Florida. Such purchases shall be governed by the same terms and conditions stated in the bid solicitation as provided in the State Board of Education Rule 6A (2) (c). Bidder shall notate any exception to this requirement. 5

6 Purchasing Agreement with other Public Agencies All bidders submitting a response to this solicitation agree that such responses also constitute an offer to the public entities within the State of Florida under the same conditions, for the same price, and for the same effective period, should the bidder feel it is in their best interest to do so. Bidder shall notate any exception to this requirement. 26. INSURANCE: The Contractor/Supplier shall purchase all necessary Workers Compensation Insurance, General Liability Insurance, Automobile Liability Insurance, and where applicable, Products Liability Insurance with the College being included as an additional named insured on the liability insurance policies. Certificates of Insurance on all such insurance coverage carried by the Contractor/Supplier shall be furnished to the College. Minimum limits for insurance to be provided shall be as follows: a. Public Liability and Property Damage Insurance: The Contractor shall purchase and shall require each of the sub-contractors to secure and maintain during the life of the sub-contract, insurance of the type specified herein or insure the activities of his/her subcontractors in his/her policy as specified. Commercial General Liability This policy must be on an occurrence basis, claims made forms are not acceptable. $1,000,000 Each Occurrence $ 100,000 Fire Damage (Any One Fire) $ 5,000 Medical Payments (Any One Person) $1,000,000 Personal & ADV Injury $2,000,000 General Aggregate $2,000,000 Products-Comp/OP Aggregate Comprehensive Automobile Liability Insurance (including hired and non-owned vehicles, if any) in limits of One Million Dollars ($1,000,000) Combined Single Limit each accident. Excess Liability or Umbrella - $1,000,000 b. Worker Compensation Insurance: The Contractor/Supplier shall maintain during the life of this agreement, Workers Compensation Insurance for all employees connected with the work of this project. If any work is being sublet, the Contractor/Supplier shall require the subcontractor to provide Workers Compensation Insurance for all subcontractor employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workers Compensation Statue, the contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the purchaser, for protection of his employees not otherwise protected. Workers Compensation Insurance in compliance with statutory limits, (F.S. 440): Employer s Liability Five Hundred Thousand ($500,000) each accident, 6

7 Five Hundred Thousand ($500,000) Disease, each employee, Five Hundred Thousand ($500,000) Disease, policy limit. Waiver of Subrogation Endorsement Include Waiver of Subrogation applies. Certificates evidencing that all of the above insurance coverage and limits are in force will be furnished to the College before any services are performed, at all renewal times, and will require written notification to the College at least thirty (30) days prior to any cancellation, termination, non-renewal, or modification. The words endeavor to and failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative should be omitted or lined out on the Certificate. All insurance will be with insurers authorized to do business in Florida. All policies should be Occurrence Form only. The policy number will be provided on all certificates. For the purpose of this bid, the bidder s standard Certificate of Insurance may be submitted however, upon award Daytona State College must be added as additional insured. 27. INDEMNIFICATION: Bidders agree to indemnify and hold harmless the College, its officers, and employees from any claim, damage, liability, injury, expense or loss, including defense costs and attorney s fees, arising out of Bidder performance under this Agreement. Accordingly, the College shall notify Bidder promptly in writing of any claim or action taken against the College in connection with this agreement. On such notification, the Bidder shall promptly take over and defend any claims or actions. The College shall have the right and option to be represented in any such claim or action at its own expense. 28. GRATUITIES OR GIFTS: The right of the Bidder to proceed may be terminated by written notice if, after notice and investigation, the College determines that the Bidder, its agents, or another representative: 1. offered or gave a gratuity or gift to an officer or employee of the College in direct violation of the College policies; and 2. intended by the gratuity or gift to obtain a contract or favorable treatment under a contract. If this contract is terminated for either (1) or (2) above, the College shall pursue the same remedies as in a breach of the contract. 29. SELLING, TRANSFERRING OR ASSIGNING CONTRACTS: In the event that the successful Bidder is purchased by another company during the term of the contract, the succeeding company must honor all of the terms and conditions contained herein. The College has the right to reject the new company and terminate this agreement without cause. 30. SPECIFICATIONS: All equipment must meet the minimum specifications listed herein. Deviation from the minimum specifications must be thoroughly documented. The College reserves the right to be the final authority in determining if an item meets minimum specifications. 31. EQUIVALENTS: If bidder offers equipment with technical specifications other than those listed in the following bid reply sheet, they must indicate so on their bid. Specific article(s) of 7

8 equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers and brand names, when listed are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the technical specifications. Bidder shall indicate on the bid form the manufacturer s name and item number and shall indicate ANY deviation from the technical specifications as listed. Complete descriptive technical literature marked to indicate conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote alternate technical specifications, the bid will be considered as quotation in complete compliance with the specifications as listed in the bid form. 32. WARRANTY OF WORK: The Contractor warrants that all goods, supplies, equipment, design and work covered by this Contract shall be satisfactory for its intended purpose, shall conform to and perform as called for in the Contract requirements and specifications and shall be free from all defects and faulty materials and workmanship. Any goods, supplies, equipment, design and work found to be defective within the manufacturer warranty period shall be repaired, remedied, or replaced hereinafter call corrective work, by the contractor, free of all charges including transportation. It is understood and agreed that time is of the essence in respect to all corrective work to be undertaken pursuant to the warranty herein contracted, expressed, or implied, and the contractor shall promptly commence corrective work upon receipt of written notice from the department. It is expected the contractor reply within 24 hours to the College s written notice. Service Requirements 1. Upon notification from college personnel please indicate number of days needed prior to pick up of hazardous materials.*state preference for either pick up on notification or routine scheduled pick up for all campuses. a. A written confirmation of the category of the materials to be picked up and cost based on the contract pricing. b. A firm pickup date and time, not to exceed 10 days after original notification, shall be provided in writing. 2. Supplier shall be required to pick up all hazardous materials at the individual campus locations at which they are held. Materials will not be kept at a central location. 3. Supplier shall be required to follow all applicable federal, state, and local rules, regulations, and policies in the pickup, transport, and disposal of material. All pickups must be confirmed with copies of the waste manifest to the Facilities Services Department within 40 days. 8

9 4. Supplier shall track all pickups, transports, and disposals for the term of the resulting contract and shall be able to provide any data regarding each item for the entire contract term. Supplier shall provide the Facilities Services Department with waste manifest and documentation. 5. Supplier shall remain current with all applicable federal, state, and local rules, regulations, and policies in the pickup, transport, and disposal of hazardous materials. It shall be the sole responsibility of the vendor to provide copies of licenses, certifications, and other documentation related to new requirements and renewals. 6. Supplier shall provide the requesting college personnel at least 24-hour notice to cancel or change the scheduled appointment. 7. Supplier shall bring all necessary supplies needed for pickup on the day of the pickup. 8. Supplier shall provide all containers. Any associated costs should be included in the proposal price. 9

10 ITB Hazardous Waste Collection and Disposal Bid Reply Sheet Bids are due in the Purchasing Office on October 10, 2018 no later than 5:00 pm EST Response Format: The authorized representative of the agency submitting a response for consideration shall address the following items: Department Examples of Waste: Nursing Non-contaminated red bags with surgical dressings < 5 Pounds 10 Pounds 20 to 30 Sharps containers with non-contaminated needles/sharps 1 Quart 5 Gallons Dental Hygiene/Assisting Biohazard waste containing blood/saliva < 5 Pounds 10 Pounds Sharps (needles) 1 Quart 5 Gallons College of Workforce Coolant waste from CNC machine, 1-2 barrels annually 55 Gallons > 55 Gallons Science Heavy Metals 30 Gallons 60 Gallons Formalin 10 Gallons 20 Gallons Dissected Animal Specimens 30 Gallons >60 Gallons Inorganic Chemicals <5 Gallons 5 Gallons Organic Chemicals <5 Gallons 5 Gallons $ Sharps 5 Quarts >5 Quarts Broken Glass 10 Gallons >10 Gallons Chlorine Gas Cylinder $ School of Emergency Services Sharps containers, 4-5 each per semester 8 Gallons $ 10

11 Additional Information: 1. Any item for which disposal is requested that is not on the list must be quoted in written format and the price approved by the College prior to pick up. 2. Pickups vary and may be several times per year to once per year depending on semester and department. 3. Bid shall include copies of all licenses and certifications enabling the proposing firm to perform this service. Bid shall also include copy of current Certificate of Liability Insurance. 4. Bid shall include information disclosing the proposing firm s industry experience and experience level and position of all personnel at the proposing firm that will be responsible for compliance, monitoring, and tracking of all goods covered by the resulting contract. 5. For any additional pricing not listed, please utilize space provided above. If there is other information you would like to provide that is pertinent to this bid, please mark it Additional Information and include it with your bid response. 11

12 Addenda: The undersigned acknowledge receipt of the following Addenda. If no Addenda are received, include the word None in the blank spaces provided. Addendum No. Addendum No. Date Date I certify that I am a representative of this company and authorized to submit this bid: Authorized Signature Date Printed Name Phone Name of Company Fax Address Address 12

13 ITB Hazardous Waste Collection and Disposal NO BID Response Sheet This company elects to "NO BID" this Invitation to Bid for the following reason(s): I certify that I am a representative of this company: Authorized Signature Date Printed Name Phone Name of Company Fax Address Address 13

14 ITB TENTATIVE SCHEDULE - ITB # Description Day/Date Advertise Invitation to Bid September 19, 2018 Questions regarding ITB due September 25, 2018 at 5:00PM Responses to questions (if any) On or before October 2, 2018 ITB Due October 10, 2018 at 2:00PM Location: Purchasing Department Bldg. 1100, Rm Willis Ave, Daytona Beach, Florida Bid Opening Location: Purchasing Conference Room 1100 Willis Ave, Daytona Beach, FL October 10, 2018 at 2:00PM Notice of Intent to Award November 12,

15 Attachment A SWORN STATEMENT UNDER SECTION (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid Proposal or Contract for (Project) 2. This sworn statement is submitted by [name of entity submitting sworn statement] whose business address is: applicable) its Federal Employer Identification Number (FEIN) is. and (if (If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:) 3. My name is and my relationship to the entity named above is (title) 4. I understand that a public entity crime as defined in Section (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that convicted or conviction as defined in Section (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record, relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an affiliate as defined in Section (1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a person as defined in Section (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term person includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, that statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] 15

16 Attachment A Neither the entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] Date: Signature: STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, [name of individual signing] who after first being sworn by me, affixed his/her signature in the space provided above on this day of, in the year. My commission expires: Notary Public Print, Type, or Stamp of Notary Public Personally known to me, or Produced Identification: Type of I.D. 16

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

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