INSTRUCTION FOR COMPLETING COMPETITIVE SOLICITATION ACKNOWLEDGEMENT FORMS

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INSTRUCTION FOR COMPLETING COMPETITIVE SOLICITATION ACKNOWLEDGEMENT FORMS The Competitive Solicitation Acknowledgement Form must be completely filled in. This may be done on line then printed or you may print then fill in with pen or typewriter. PLEASE NOTE: IF THIS IS NOT COMPLETED IT MAY BE GROUNDS FOR REJECTING YOUR SOLICITATION. NOTICE TO RESPONDERS: Responders must E-Mail or Fax Verification of Receipt of Competitive Solicitation. E- Mail Mary Ward at mward@admin.fsu.edu or Fax Attention: Mary Ward, (850) 644-8921.

I. GENERAL FLORIDA STATE UNIVERSITY REQUEST FOR PROPOSAL SEMINOLE GOLF COURSE EQUIPMENT LEASE RFP 5221-5 The Florida State University is inviting proposals from qualified firms for leasing or purchasing the listed golf course equipment. II. DEFINITIONS Purchaser: The Florida State University, hereinafter referred to as the University. Vendor: The proposer who submits the successful proposal and receives a purchase order from the University based on and incorporating the terms, conditions and prices listed in this proposal. RFP: Request for Proposal. III. SPECIAL CONDITIONS 1. Submission of Mandatory Forms: Proposers are required to return the RFP Acknowledgment Form with their proposal. The Acknowledgment Form shall be signed by a representative who is authorized to contractually bind the Proposer. 2. Any addenda issued by the University to participating Proposers shall include an Addenda Acknowledgment Form. This form shall be signed by a company representative, dated and returned with the RFP response. Failure to return an Addenda Acknowledgment Form for any and all addendum issued for this RFP may be grounds for rejection of that Proposal. 3. Proposers shall submit their proposals on or before the date and time indicated in the area entitled Calendar of Events in the RFP, with all Cost and Service Quotes sealed in a clearly identified envelope, to the address listed on the RFP Acknowledge Form. 4. Proposers shall submit all costs and services proposed in the format specified. 5. In accordance with s.119.07 (3) (m), Florida Statutes, public review of responses to a competitive solicitation maybe denied until the notice of a decision is posted or until the notice of a decision is posted or until 10 days after the competitive solicitation display, whichever occurs first.

6. No negotiations, decisions, or actions shall be initiated or executed by the Proposer as a result of any discussion with any University employee. Only those communications which are in writing from the University Purchasing Department shall be considered as a dully authorized expression on behalf of the University. Also, only communications from Proposers which are signed and in writing will be recognized by the University as duly authorized expressions on behalf of the Proposer. 7. A Proposer s written submission in response to the RFP shall be considered as the proposer s formal offer. The content of the RFP, the Proposer s submission in response to the RFP, and resulting purchase order, shall be considered the entire agreement between the successful Proposer and the University. 8. The following Paragraph supersedes Paragraph (7) entitled Interpretation of the General Conditions of the Request for Proposal. Proposers shall examine the RFP to determine if the University s requirements are clearly stated. If there are any requirements which are too vague or restrict competition, the Proposer may request, in writing, that the specifications be changed. A proposer who requests changes in the specifications must identify the University s specifications; must provide detailed justification for the change, and must provide a recommended change to the specification. Requests for changes must be received in the Purchasing Department by the close of the business day, not later than the entry noted in the Calendar of Events area of this RFP. A Proposer s failure to request changes by the permissible date shall be considered acceptance of the University s specifications. The University reserves the right to determine which changes to the RFP shall be acceptable to the University. If required, the University shall issue an addendum reflecting the changes to the RFP. This addendum shall be sent to all Proposers in order that each is given the opportunity of submitting proposals to the same specification. Said specifications shall be considered the University s minimum mandate requirements. Any protest based on the specifications must be delivered to the University Purchasing Department no later than the close of the business day for that event listed in the Calendar of Events area of this RFP. 9. Proposers may not consider any verbal instructions as an official expression on the University s behalf. Only written communications, signed by a duly authorized representative of the Purchasing office shall be considered valid. 10. The absolute deadline for receiving sealed proposals is listed in the Calendar of the Events area of this RFP. The completed proposal must be delivered to the Purchasing Department, Florida State University, A1400 University Center, Tallahassee, Florida 32306-2370. Delivery to any other point on or off campus is not acceptable and shall be grounds for rejection of the proposal. 11. A proposal Tabulation which serves as the Notice of Award will be posted for review by interested parties at the University Purchasing Department on or before 2

4:30 p.m. on the day noted in the Calendar of Events area of this RFP. Failure to file a protest within the time prescribed under Rule 6C-18.055(3) FAC, and waiver of proceedings under Section 120.57(3), (b), F.S. 12. In addition to the requirements of Paragraph (9) titled Awards on the attached Request for Proposal Acknowledgment the University shall not be liable to pay for information obtained from or through any proposer prior to issuing the purchase order to the successful Proposer. Any proposal which fails to meet the mandatory requirements stated in the RFP shall be rejected. Any proposal that does not comply with the functional, cost or contractual requirement in the RFP shall be rejected. The University reserves the right to waive minor irregularities in proposals, providing such action is in are defined as those that have no adverse effect on the University s interest, will not effect the amount of the proposal and will not give a proposer an advantage or benefit not enjoyed by another proposer. 13. Each proposal shall be prepared simply and economically, providing a straight forward, concise delineation of the Proposer s capabilities to satisfy the requirements of the RFP. Fancy binding, colored display and promotional material are not desired. However, technical literature, drawings, and pictures of proposed equipment should be included in the proposal. Emphasis in each proposal must be on completeness and clarity of contents. In order to expedite the evaluation of proposals, it is essential that proposers follow the format and instructions contained herein. 16. It is expressly understood and agreed that any articles which are the subject of, or required to carry out the purchase order resulting from this RFP, which have been certified by the corporation identified under Chapter 946, F.S., shall be purchased from said corporation in the same manner and under the procedures set forth in Section 946.515(2), (4), F.S.; and for purposes of the purchase order resulting from this RFP, the person, firm or other business entity carrying out the provisions of this agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation. 17. The successful Proposer shall allow public access to all documents, papers, letters or other material subject to the provisions of Section 119.07, F.S.and made or received by him/her in conjunctions with the purchase order resulting from this RFP. Refusal by the successful Proposer to allow such public access shall be grounds for cancellation of the purchase order by the University. 18. Any amendments, alterations or modifications to the purchase order resulting from this RFP must be by change order issued by the Purchasing Department. The validity, construction, and effect of the purchase order shall be governed by the laws of the State of Florida. The University, as an agency of the State of Florida, is entitled to the benefits of sovereign immunity including immunities for taxation. 3

19. Under no circumstances shall the successful Proposer assign to a third party any right or obligation of successful Proposer pursuant to this proposal without prior written consent of the UNIVERSITY. If the successful proposer is, or during the term of the purchase order resulting from this RFP becomes, an individual on the payroll of the State of Florida, successful Proposer represents that he or she has complied with all applicable provisions in the Florida Statutes and Florida Administrative Code regarding outside or dual employment and compensation. 20. Any purchase order resulting from this RFP will be governed by and under the jurisdiction of the Law and Rules of Florida and any provisions in conflict there with shall be void and of no effect. 21. In the event of extension error(s) the unit price will prevail and the proposer's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the proposer's total offer will be corrected accordingly. Proposer's must check their proposal for any such errors and state the discount(s) where applicable. 22. The Proposer's point of contact for all matters relating to the RFP is Dan Bull, Florida State University Purchasing Department, A1400 University Center, Tallahassee, Florida 32306-2370, Voice (850) 644-9720, FAX (850) 644-8921 or E-Mail: Dbull@admin.fsu.edu. Written questions on this RFP must be submitted to Dan Bull. All requests for information must be in writing, and can be submitted by either letter, fax, or e-mail. Questions must be received by the date listed for that event in the Calendar of Events. After that date no queries regarding the proposal, oral or written, will be accepted. Each Proposer shall identify in its submittal the single point of contact for all matters relating to the response. 23. Sealed proposals will be accepted until the date and hour listed in the Calendar of Events, at the Florida State University Purchasing Department, A1400 University Center, Tallahassee, Florida 32306-2370, at which time a public opening will take place. All proposals shall be identified with the proposal number clearly indicated on the outside of the parcel the proposals in which the parcel arrives. Proposals received after that date and time will be rejected. Faxed proposals will not be accepted. 24. The following Special Condition supersedes General Condition Number 21, titled "Liability": Vendor's entire liability and the University's exclusive remedy shall be as follows: In all situations involving performance or non-performance of machines or programming furnished under this agreement, the University's (the Buyer) remedy is: 4

(a) (b) the adjustment or repair of the machine or replacement of its parts by Vendor, or, at Vendor's option, replacement of the machine or correction of programming errors, or if, after repeated efforts, Vendor is unable to install the machine or a replacement machine, model upgrade or feature in good working order, or to restore it to good working order, or to make programming operate, all as warranted, the University shall be entitled to recover actual damages to the limits set forth in this provision. For any other claim concerning performance or non-performance by Seller pursuant to, or in any other way related to the subject matter of, this Agreement or any order under this Agreement, the University shall be entitled to recover actual damages to the limits set forth in this provision. Vendor's liability for damages to the University for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to the greater of $100,000 or the purchase price stated herein for the specific machines that caused the damages or that the subject matter of, or are directly related to the cause of action, the foregoing limitation of liability will not apply to: (a) the payment of cost and damage awards pertaining to patent and copyright indemnity, or to (b) claims for re-procurement costs or the cost of cover pursuant to Rule 6C2-2.015(23) of the Florida Administrative Code (c) claims for personal injury or damage to real or personal property caused by Seller's tortuous conduct. Vendor shall hold and save the University harmless for any and all suits and judgements against the State for personal injury or damage to real or personal property caused by Vendor's tortuous conduct in the performance of this Agreement provided that: (a) (b) (c) the University promptly notifies the Vendor in writing of any claim, and Vendor shall be given the opportunity, at its option, to participate and associate with the University in the control, defense and trial of any claim and any related settlement negotiations and, provided further, that with respect to any claim, or portion thereof, for which Vendor agrees at the initiation of such claim that vendor shall save and hold the University harmless, Vendor shall have the sole control of the defense, trial and any related settlement negotiations, and the university fully cooperated with vendor in the defense of any claim. 5

In no event, however, will Vendor be liable for: (a) (b) any damages caused by the University's failure to perform the University's responsibilities, or for any lost profits or other consequential damages, even if Seller has been advised of the possibility of such damages, or for (c) any claim against the University by any other party, except as provided in the hold harmless provision of the preceding paragraph of this provision and except as provided in the entitled or non-performance or machines or programming located outside the United States or Puerto Rico. 6

Seminole Golf Course Equipment List Vendors shall indicate both the lease price for three years and a purchase price for each piece of equipment. Vendors shall indicate the lease price per year for a three year period. Any contract that resulting from this RFP for leasing of equipment shall be renewed each fiscal year for the duration of the lease subject to the availability of funds and have a 30 day cancellation option. Vendors should be aware of section eight (8) of the RFP Acknowledgement form as FSU reserves the right to lease some and purchase other items listed. All responses shall be graded by the following categories and each category will have a value that will be factored in tabulating each vendors score. The evaluators shall be Seminole Golf Course personnel familiar with the products being acquired. The grading scale shall be on a one to ten scale with ten being the high score. Price: Lowest price will be given the highest score Service: This grading will cover past history with the respective vendors. References may be submitted. Design: The ease at which machines are serviceable by the Golf Course personnel. Location: Each vendor shall supply the location they offer for parts and loaner equipment. Also give their companies standard response time to emergencies. Warranty: Standard warranty coverage offered and any other coverage and the cost associated. Price 40% Service (Historical) 25% Design & Quality of Product 20 % Location for parts & equipment 10 % Warranty 5% Calendar of Events: RFP distributed 2/19/2008 Deadline for Questions 2/25/2008 Deadline for FSU answers 2/26/2008 RFP Responses due 2/29/2008 @ 2:30 P.M. Golf Committee Meeting 3/3/2008 RFP Results Posted 3/4/2008 End of Posting Period 3/7/2008 7

Walk Greens Mower Lease Purchase - Quantity: 7-20 to 22 inch width of cut - Double point reel adjustment - Groomers - Light Kit - Bedknife must allow 5/64 inch height of cut - 11 blade reel - Wiehle front roller Jacobsen PGM 22 John Deere 220C Toro Greensmaster 1000 Walk Greens Mower Transport Trailer Lease Purchase - Two Double haulers - Two Single haulers - Rails on trailers must accept groomers - Trailer must be specifically designed to haul specified walk greens mower Jacobsen not sure John Deere 22B Toro Trans Pro 80 & 100 Triplex Greens/Tee Mower Lease Purchase - Quantity: 4 - Gas - Light Kit - Joystick control - Double point reel adjustment - Leak Detection - 11 blade reels - 18 hp or greater - Wiehle front rollers - Bedknives on two units must allow 5/64 inch height of cut - Bedknives on two units must allow 3/8 inch height of cut - Include two sets of verticut-reels (1 mm vented carbide tipped blades) Jacobsen G-Plex III (Not sure if it has joystick control.) John Deere 2500B Toro Greensmaster 3150 8

Fairway Mower Lease Purchase - Quantity: 3-5-gang unit - Light kit - 33 hp or greater - Double point reel adjustment - Power rear roller brushes - Light weight reels (5 inch diameter) - Wiehle front rollers - 7 or 8 blade reels - Diesel Jacobsen LF-3400 John Deere 3225C Toro Reelmaster 5410 Trim Mower Lease Purchase Rotary - Quantity: 2 - Three independent decks - Hydraulic powered cutting decks - 35 hp or greater - Mulching blades - Side to side movement capabilities with front cutting decks Toro Groundsmaster 3500-D Other brands may be offered that are the equivalent or better than the model specified Trim Mower Lease Purchase Reel type - Quantity: 2-26 to 27 inch reels - 19 hp or greater - Reel speed control - 8 blade reels - 3-gang - Side to side movement capabilities with front cutting units (mandatory) Toro Reelmaster 3100-D with Sidewinder Other brands may be offered that are the equivalent or better than the model specified 9

Bermudagrass Rough Mower Lease Purchase - Quantity: 1 - Rotary type - Five independent decks - Hydraulic driven decks - 48 hp or greater - Mulching blades Jacobsen AR-5 John Deere 3245C Toro Groundsmaster 4500-D Sprayer Lease Purchase - Quantity: 1-200 gallon capacity - Dedicated vehicle with canopy - Equipped with rotating nozzle selector - Spray control console with monitor - Power booms - Foam kit Jacobsen Cushman Spraytek John Deere HD200 Toro Workman 3200 Sprayer Bunker Rake Lease Purchase - Quantity: 2-3-wheel drive - Manual front blade - Tooth rake - Spring rake - Spiker attachment for one unit - Light Kit - Gas Jacobsen Groom Master II John Deere 1200 Hydro Rake Toro Sand Pro 3040 10

Non-bermudagrass Rough Mower - Quantity: 1 - Minimum 12 foot cutting width - Self contained unit with canopy - 80 hp or greater - Rotary type Jacobsen HR-9016 John Deere 1600 Series II Toro Groundsmaster 580-D Lease Purchase Mid-duty Utility Cart Lease Purchase - Quantity: 6-16 hp engine or greater - 1000 pound towing capacity or greater - Light Kit - Heavy-duty receiver hitch - 2 wheel drive - Gas engine Jacobsen Hauler 4800 John Deere Gator TX Toro Workman 2110 Heavy-duty Work Vehicle Lease Purchase - Quantity: 2 - Gas engine - 31 hp or greater - High flow hydraulic kit (must be compatible with Toro Prosweep) - Heavy-duty rear hitch - 2 wheel drive - Lights - 1,500 pound towing capacity or greater - Hydraulic dump bed Jacobsen Cushman Turf Truckster John Deere 2020 Pro Gator Toro Workman 3200 11

Supervisor Cart Lease Purchase - Quantity: 2 - Electric drive - 48 volt - Canopy - Lights - Turf tires - Receiver hitch - Fold-down windshield - 500 pound bed capacity - Charger - 6 inch or better ground clearance None selected Fairway Aerator Lease - Tractor mounted type - PTO Driven - 77.5 inch to 80 inch coring width - Maximum 4 inch coring depth or greater - Drive shaft included Jacobsen - Performaire 80 John Deere - Aercore 2000 Toro - 880 Purchase Fairway Verticutter Lease Purchase - Tractor mounted type - PTO Driven - 48 inch minimum verticut width - Drive shaft included Jacobsen - Verticut 214 John Deere - not sure Toro - Aerothatch 83 *Other brands or models may be offered that are the equivalent or better than the model specified. 12