Attachment 1 Invitation to Bid for 2015 Tires ITB No: V

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1 Attachment 1 Invitation to Bid for 2015 Tires ITB No: V Questions and Answers Questions from MSG81783: Some of the tires on your list we do not manufacture. Does this eliminate us from the Bid? Answer: No, please see the revised price sheet The term of the contract is for three years. Is there an opportunity to adjust prices during this period? Answer: No, a price adjustment will be made only during the renewal period Tire contract report. You need it monthly and quarterly. Why twice? Is it just for state users, or all users? Answer: The reports are a requirement of this solicitation and resulting contract. All sales made as a result of this contract will need to be reported on the required reports. Current reporting requirements are under review, notifications will be provided if changes are necessary You ask for past state bid contracts. Can you give an example of what is acceptable, and what if we do not have any? Answer: Please see Attachment 2 for an example. Past performance should be submitted as applicable The out of state letter. Can you give an example of what you are looking for? Answer: Please refer to Chapter Florida Statutes: Preference to Florida businesses. (2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. (shading added) Transaction fee. Who pays this? The manufacturer, or the delivering dealer? How do we collect it and who do we send it to? Is it just state of Florida users, or all users? Answer: Awarded vendors are responsible for paying the fee in accordance with MFMP requirements outlined in 60A (1) Each agency shall include language substantially similar to the following in the terms and conditions of all agency purchasing transactions involving commodities and contractual services as defined in Section , F.S. (including formal solicitations, contracts, and purchase orders), unless the transaction is exempt from the Transaction

2 Fee pursuant to Rule 60A-1.032, F.A.C.: MyFloridaMarketPlace Transaction Fee The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eprocurement system. Pursuant to Section (23), F.S., (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the vendor shall pay to the State. (Shading added) Questions from MSG82071: 7. PRICE SHEETS - Bid requires all sizes in every category to be bid or bid will be rejected. This is impossible as no manufacturer makes every tire in every category in every size/speed index/load range. Also the categories are not correctly specified. The Police tire category has many sizes that are not police pursuit specific and no manufacturer makes a police tire in many of the sizes listed. The Auto Radial category has many sizes that are not produced by every manufacturer and also includes many light truck sizes. The Light Truck tire category shows bias and radial and some sizes that are nonsensical. Medium Truck has Auto and Light Truck sizes mixed in and again, no manufacturer makes all sizes. Off-Road Radial shows both bias and radial, as well as sizes that don t apply to Off-Road tires. Multiple tire designs are made for each size and listing is not specific as to what the specification is (rib design, lug design, load range required, etc.). The format used is not conducive to bidding items that meet a particular specification. RECOMMENDATION: Wholesale change/update of bid sheets must be completed or no vendor can possibly be awardable. Our recommendation would be for you to list the top 10 to 15 SKUs in each tire category rather than the entire 300+ items that not all tire manufacturers can bid on or produce (we are able to supply list if desired). In addition, the tire design required (rib or lug) as well as load range and speed ratings, should be specified for each line item, otherwise it is impossible to determine what the State actually requires. Answer: Please see the revised price sheet. 8. PRICE ADJUSTMENTS Nothing is mentioned regarding annual pricing adjustments. What is the method of requesting a pricing adjustment? If annual pricing adjustments (up or down) are not allowed, requiring 3 year firm fixed pricing is not in the best interest of the State as unknown future raw materials pricing changes would have to be accounted for in pricing. Answer: See response in Question #2. 9. EXCEPTIONS - If exceptions are taken to any of the bid language, will a bidder be considered unresponsive? When taking exceptions, what is the formal process to do that? Should an exception letter be submitted with the bid or is there another method? Answer: No conditional bids will be accepted. 10. INVITATION TO BID NO: V Page 9, Item Protest of Terms, Conditions and Specifications. Protesting terms, conditions and specifications contained in the solicitation shall be filed in writing within (72) hours after the posting of the solicitation. This was not realistic given the fact that the bid was posted late in the afternoon of December 24 th, 2014 (Christmas Eve). Could an extension to this date be

3 granted (primarily to allow State to update bid spec sheets as line items do not make sense or are not specific enough to allow for a proper bid)? Answer: The time frame for protest is determined by statute. Please refer to Chapter (3) Florida Statutes outlined below: (b) Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph. 11. FROM ITB NO: V: Page 6, 1.4 Term Will term renewals be mutual agreement between parties to the contract or at the sole discretion of the state? Answer: Upon determination of need by the Department; renewals are based on mutual agreement by both parties and contingent upon satisfactory performance evaluations and subject to availability of funds. 12. MFMP / SPURS VENDOR NUMBER - Is the MFMP / SPURS Vendor number the same as the Ariba Network ID in MFMP? If not, where can the MFMP / SPURS Vendor number be found in MFMP? Answer: We do not understand this question and therefore have not provided a response. If you have questions related to your vendor registration in MyFloridaMarketPlace, please contact the customer service desk at INSURANCE REQUIREMENTS (4.7, P. 22): a. Requesting the second paragraph, first sentence to be changed to read: The Contractor shall self-insure or secure and maintain Commercial General Liability insurance including bodily injury, property damage, personal & advertising injury and products and completed operations. b. Second sentence, strike or indirectly at end of sentence. c. Strike entire third sentence because bidder is self-insured, and we cannot agree to this. We can however, issue a letter to the State confirming self-insured status. Third paragraph, second sentence, strike the phrase current certificate of insurance shall contain a provision that the. Strike the last paragraph in its entirety The Contractor (s) shall submit insurance certificates evidencing such insurance coverage prior to execution of a contract with the Department (per c. above, will supply self-insured letter) Answer: No exceptions will be accepted. Please review 4.7 carefully for additional insurance requirements. 14. INSURANCE REQUIREMENTS (PUR 1000) GENERAL CONTRACT CONDITIONS: Page 12, item 35, requesting to add the verbiage or self-insurance after shall provide commercial.

4 Answer: No exceptions will be accepted. Please review 4.7 carefully for additional insurance requirements. 15. Is it possible for the deadline to submit the bid be extended one week? Answer: Please see the revised timeline Attachment I. Questions from MSG82697: 16. Section states that the Department may not evaluate bids from Bidders who answer No to any of the Qualification questions, including Section which reads Does Bidder certify compliance with Section 9 of the PUR 1001? Section 9 of the PUR 1001 requires Bidders to certify to several statements of fact, and to provide an explanation for any statements which it cannot certify. Will a Bidder s response be considered if it answers No to Section because it must answer No and provide an explanation to a certification set forth in Section 9 of the PUR 1001? Answer: The Department reviews each qualifying question response and makes a determination of responsive or non-responsive after considering all information provided by each vendor. 17. Section requires Bidders with an out of state principal place of business to include a written opinion from an attorney at law providing an explanation of the preferences (if any) granted by the law of the state of the principal place of business. Can the letter be from an attorney employed by the Bidder (e.g. an in-house counsel) or must the letter be from an outside attorney not employed by the Bidder? Answer: Respondents shall comply with s , Florida Statutes (2014) which states: (2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. 18. Will the State accept submissions that exclude from the Bidder s indemnification and other contractual obligations its non-company owned Authorized Dealers (Independent Authorized Dealer) provided that the Bidder also coordinate the execution of Dealer Agreements by its Independent Authorized Dealers by which the Independent Authorized Dealers agree to those indemnification and other contractual obligations? Answer: Indemnification of a Respondent s subcontract(s), irrespective of how titled, shall be as defined in the solicitation, specifically 4.6 and Subcontractors must be disclosed at time of bid. Respondent is responsible for all work under the contract. 19. The Specification refers to the Preferred Pricing Affidavit in several locations and the Preferred Pricing Affidavit states that it is being made pursuant to Section , Florida Statutes. Is the State of the opinion that the Preferred Pricing Clause is required to be included in this contract by law or is the State able to enter into a contract that excludes the Preferred Pricing Clause? Answer: No, the Preferred Pricing Clause will be part of the resulting contract(s). 20. Section of the Specification contains the Public Records Clause for Department Contracts. Given that Bidders will not be providing services acting on behalf of a Public

5 Agency, does the State agree that this Section is inapplicable to the contract that will be awarded? Answer: No, as stated in section If, under this contract, the Contractor is providing services and is acting on behalf of a public agency as provided under section (2), Florida Statutes, the Contractor, subject to the terms of section (1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall: It is unknown at this point if such records will or could exist. 21. Will a Bidder with more than one brand need to submit them separately? Answer: As stated in section 2.2.4, bids will be accepted from tire manufacturers only regardless of brand(s) offered. Note the change on Key #2 of Price Sheet: 2 - Tire Offered: Largest volume tire offered within Florida at the MSRP discount rate, please include description. 22. How will the State compare one brand to the other brand for like items based on size only spreadsheet? Answer: Please see the revised price sheet and basis for award language. 23. The Spreadsheet notes All sizes within each Category must be bid or bid will be rejected How should sizes not manufactured be handled? Could it be flagged No bid or Not manufactured? Answer: Please see the revised price sheet and basis for award language. Award(s) will be made by tire size. 24. Could a Prebid Meeting/Conference be scheduled to discuss and go over the format of the Price Sheet Spreadsheet? Answer: No meeting will be held. Please see the revised price sheet, timeline and basis of award language.