FLORIDA DEPARTMENT OF CORRECTIONS INVITATION TO BID (ITB) Acknowledgement Form

FLORIDA DEPARTMENT OF CORRECTIONS INVITATION TO BID (ITB) Acknowledgement Form Page 1 of 49 pages Trueby Bodiford, Procurement Officer Department of Corrections AGENCY RELEASE DATE: Bureau of Support Services 501 South Calhoun Street Tallahassee, Florida 32399-2500 Email: purchasing@mail.dc.state.fl.us November 16, 2015 Fax: (850) 488-7189 SOLICITATION TITLE: SOLICITATION NO: Grease Trap Pumping Services for Region I, II, and III RESPONSES WILL BE OPENED: VENDOR NAME: VENDOR MAILING ADDRESS: January 8, 2015 at 2:00 P.M., Eastern Standard Time and remain valid for 365 days after such date and time. CITY STATE ZIP: *AUTHORIZED SIGNATURE (MANUAL) PHONE NUMBER: FREE NUMBER: FAX NUMBER: *PRINT NAME AND TITLE EMAIL ADDRESS: *This individual must have the authority to FEID NO.: bind the Bidder. I certify that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same services (including equipment and supplies), and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid Submittal for the Bidder/Contractor and that the Bid is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements and mandatory attestations. In submitting a Bid to an agency for the State of Florida, the Vendor offers and agrees that if the Bid is accepted, the Vendor will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular services purchased or acquired by the State of Florida. At the State s discretion, such assignment shall be made and become effective at the time the Department tenders final payment to the Bidder/Contractor. NO BID SUBMITTED: Please provide reason for No Bid in this Space VENDOR CONTACTS: Please provide the name, title, address, telephone number and e-mail address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone regarding the solicitation and any resulting contract or purchase order. PRIMARY CONTACT: NAME, TITLE: ADDRESS: PHONE NUMBER: FAX NUMBER: EMAIL ADDRESS: SECONDARY CONTACT: NAME, TITLE: ADDRESS: PHONE NUMBER: FAX NUMBER: EMAIL ADDRESS: Page 1 of 50

TABLE OF CONTENTS TIMELINE... 4 SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR1000)... 5 SECTION 2.0 INSTRUCTIONS TO RESPONDENTS (PUR1001)... 5 SECTION 3.0 INTRODUCTORY MATERIALS... 5 3.1 Statement of Purpose... 5 3.2 Definitions... 5 3.3 Contract Term... 7 3.4 General Statement... 7 3.5 Conflicts and Order(s) of Precedence... 7 3.6 Specifications... 7 SECTION 4.0 TECHNICAL SPECIFICATIONS... 7 4.1 Scope Changes after Contract Execution... 7 4.2 Price Adjustments... 8 4.3 Addition/Deletion of Items/Facilities... 8 4.4 Damage to Property... 8 4.5 Completion... 8 4.6 Scheduling... 8 4.7 Staffing Requirements... 8 4.8 Mandatory Documentation... 11 4.9 Records and Documentation... 11 4.10 Price Page... 12 4.11 References... 12 4.12 Deliverables... 12 4.13 Financial Consequences... 12 4.14 Payments and Invoicing... 13 SECTIONS 5.0 PROCUREMENT RULES AND INFORMATION... 13 5.1 Bidder Inquiries... 13 5.2 Cost of Bid Preparation... 14 5.3 Travel Expenses... 14 5.4 Instructions for Bid Submittal... 14 5.5 Disclosure of Bid Submittal Contents... 15 5.6 Bid Opening... 15 5.7 Bid Evaluation... 15 5.8 Basis of Award... 15 5.9 Disposal of Bids... 15 5.10 Bid Rules for Withdrawal... 15 5.11 Rejection of Bids... 16 5.12 Addenda... 16 5.13 Verbal Instruction Procedure/Discussions... 16 5.14 No Prior Involvement and Conflict of Interest... 16 5.15 State Licensing Requirements... 17 5.16 MyFloridaMarketPlace (MFMP) Registration... 17 5.17 Certificate of Authority... 17 5.18 E-Verify... 17 Page 2 of 50

5.19 Confidential, Proprietary, or Trade Secret Material... 17 5.20 Vendor Substitute W-9... 18 5.21 Scrutinized Companies... 18 5.22 Required Certifications/Attestations... 18 5.23 Identical Tie Bids... 18 5.24 Insurance... 19 5.25 Inspector General... 20 SECTION 6.0 SPECIAL CONDITIONS... 20 6.1 State Initiatives... 20 6.2 Copyrights, Right to Data, Patents and Royalties... 21 6.3 Independent Contractor Status... 22 6.4 Assignment... 22 6.5 Severability... 22 6.6 Use of Funds for Lobbying Prohibited... 22 ATTACHMENT I SPECIFICATIONS... 23 ATTACHMENT II PRICE PAGE... 27 ATTACHMENT III - BUSINESS REFERENCE FORM... 38 ATTACHMENT IV - CERTIFICATION/ATTESTATION FORM... 39 ATTACHMENT V - PURCHASE ORDER TERMS AND CONDITIONS... 40 ATTACHMENT VI - SECURITY REQUIREMENTS FOR CONTRACTORS... 43 EXHIBIT A CORRECTIONAL INSTITUTIONS/FACILITIES... 45 EXHIBIT B GREASE TRAP PUMPING REPORT... 50 Page 3 of 50

TIMELINE DC ITB-15-083 EVENT DATE LOCATION ITB Released November 16, 2015 Vendor Bid System: http://vbs.dms.state.fl.us/vbs/main_menu Questions Submitted in Writing Anticipated Posting of Answers to Questions Due by 5:00 P.M. Eastern Time, November 30, 2015 December 22, 2015 Submit to: Florida Department of Corrections Bureau of Support Services, Trueby Bodiford E-mail: purchasing@mail.dc.state.fl.us Vendor Bid System: http://vbs.dms.state.fl.us/vbs/main_menu Sealed Bids Due and Opened Anticipated Posting of Intent to Award 2:00 P.M. Eastern Time, January 8 th, 2015 January 22, 2015 Florida Department of Corrections Bureau of Support Services, Trueby Bodiford 501 South Calhoun Street, Suite 317 Tallahassee, Florida 32399 E-mail: purchasing@mail.dc.state.fl.us Vendor Bid System: http://vbs.dms.state.fl.us/vbs/main_menu Any person requiring special accommodation in responding to this solicitation because of a disability should call the Bureau of Support Services at 850-717-3700 at least five (5) days prior to any presolicitation conference, solicitation opening or meeting. If you are hearing or speech impaired, please contact the Bureau of Support Services by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD). Page 4 of 50

SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR1000) The General Contract Conditions are outlined in form PUR 1000 which is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within form PUR 1000. There is no need to return this document with the response. To access the PUR 1000 visit: http://dms.myflorida.com/content/download/2933/11777. SECTION 2.0 INSTRUCTIONS TO RESPONDENTS (PUR1001) The General Instructions to Respondents are outlined in form PUR 1001 is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this RFP document shall supersede any and all conflicting terms and conditions set forth within form PUR 1001. There is no need to return this document with the response. To access the PUR 1001 visit: http://dms.myflorida.com/content/download/2934/11780. SECTION 3.0 INTRODUCTORY MATERIALS 3.1 Statement of Purpose In accordance with Chapter 287, Florida Statutes (F.S.), this Invitation to Bid (ITB) is issued for the purpose of soliciting bids from qualified, responsive, and responsible Contractors for the provision and operation of Grease Trap Pumping services for the Department s institutions/facilities, in compliance with federal and state regulations, as specified in Specification, Attachment I. The Table in Exhibit A, Table of Geographic Locations and Specific Service Requirements, provides a list of the institutions/facilities and the number and size of grease traps at each location. The Department is requesting Vendors submitting bids in response to this ITB to provide a price per gallon pumped, for each institution per the price page, Attachment II. The Contractor shall provide the minimum required hours of service for each respective tank, in order to comply with the Department of Environmental Protection (DEP) and Department of Health (DOH) permits. 3.2 Definitions The following terms used in ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings: Bid: Vendor s respond to this ITB, which the Vendor shall submit on approved forms. Bidder or successful bidder: The organizational entity serving as the primary Vendor with whom a Contract will be executed. The term Bidder/successful Bidder shall include all employees, subcontracts, agents, volunteers, and anyone acting on behalf of, in the interest of, or for the primary Vendor. Breach of Contract: A failure of the successful Vendor(s) to perform in accordance with the terms and conditions of the Contract which may result from this ITB. Contract: The agreement (Contract or purchase order) which results from this ITB between the successful Vendor and the Department. Page 5 of 50

Deliverables: Those services, items and/or materials provided, prepared and delivered to the Department in the course of performance of the Contract. Deliverables shall be more specifically described in definable verifiable detail in the Statement of Work. Department or Owner: The Florida Department of Corrections. Grease Trap Pumping Services: Where used herein, refers to the pumping, removal and disposal of untreated septic and food establishment sludge from Department institutions/facilities. Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the Vendor to be responsive to this solicitation. These responsiveness requirements are mandatory. 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. Material Deviations: A deviation is material if, in the Department s sole discretion, the deficient response is not in substantial accord with this ITB s requirements, provides an advantage to one Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for determining a bid non-responsive. Minor Irregularity: A variation from the ITB terms and conditions which does not affect the price of the bid or give the Vendor an advantage or benefit not enjoyed by the other Vendors or does not adversely impact the interests of the Department. A minor irregularity will not result in a rejection of a bid. PCard: Refers to the State of Florida s purchasing card program, using the Visa platform. Sludge: Organic material remaining after water has been removed from wastewater. Specifications: The Conditions of the Contract, Detailed Technical Specifications and such other descriptions of the work as are set forth in any of the Contract documents. Subcontract: An agreement entered into by the successful Vendor with any other person or organization that agrees to perform any performance obligation for the primary Vendor, specifically related to securing or fulfilling the successful Vendor s obligations to the Department under the terms of the Contract or purchase order resulting from this ITB. Vendor or Bidder: A legally qualified corporation, partnership or other entity submitting a bid to the Department, pursuant to this ITB. Page 6 of 50

3.3 Contract Term It is anticipated that the initial term of any Contract resulting from this ITB shall be for a three (3) year period. By mutual agreement between the Department and the Vendor, the Contract may be renewed for up to three (3) renewal years, or any portion thereof. The renewal shall be contingent, at a minimum, on satisfactory performance of the Contract by the Contractor as determined by the Department, and subject to the availability of funds. If the Department desires to renew the Contract resulting from this ITB, it will provide written notice to the Contractor no later than thirty (30) days prior to the Contract expiration date. 3.4 General Statement The project shall consist of grease trap pumping services for various locations, as indicated in the specifications. 3.5 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: a) Addenda, in reverse order of issuance b) Invitation to Bid, including attachments c) Contract Conditions (Form PUR 1000) (Section 1.0) d) General Instructions to Respondents (Form PUR 1001) (Section 2.0) 3.6 Specifications The Specifications to be followed in performing work under this Invitation to Bid (ITB) and resulting Contract are indicated in Attachment I. SECTION 4.0 TECHNICAL SPECIFICATIONS 4.1 Scope Changes after Contract Execution During the term of the Contract, the Department may unilaterally require, changes altering, adding to, or deducting from the specifications, provided that such changes are within the general scope of this solicitation. The Department may make an equitable adjustment in the prices or delivery date if the change affects the cost or time of performance. Requests for equitable adjustments must be submitted in writing to the Contract Manager. The Department shall provide written notice to the successful Vendor thirty (30) days in advance of any Department required changes to the technical specifications and/or scope of service that affect the successful Vendor s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a written change order or formal addendum. Page 7 of 50

4.2 Price Adjustments Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated in this solicitation. 4.3 Addition/Deletion of Items/Facilities The Department reserves the right to add or delete locations or items from this bid or resulting Contract when deemed to be in the State s best interest. 4.4 Damage to Property All Department property shall be protected against damage by the successful Vendor that might occur during or as a result of performance of any Contract resulting from this ITB. The Vendor will remedy or reimburse the Department for any damages caused during its rendering of services under the Contract. 4.5 Completion Upon completion of the work specified in this ITB, the successful Vendor shall reconnect any utilities, equipment or appliances removed in the course of work and replace any furniture, etc., moved during performance of the work. Any debris or rubbish resulting from work performed shall be removed and the premises left clean. 4.6 Scheduling Scheduling of work must be coordinated with the Department and shall not disturb the normal operation of the location where services are performed. Upon completion and acceptance, and before payment is rendered, the successful Vendor must furnish to the owner a Certificate of Warranty guaranteeing the work against any defect in materials or workmanship for the period specified in this ITB, the successful Vendor s bid or the resultant Contract, whichever period is longest, from date of completion. 4.7 Staffing Requirements The successful Vendor shall provide an acceptable level of staffing for provision of the services outlined herein and shall ensure that staff providing services are highly trained and qualified. The successful Vendor shall comply with the Security Guidelines as set forth in Attachment VI (Security Guidelines. Violations of these rules could result in termination of the Contract. The successful Vendor shall contact, within ten (10) days of execution of any Contract which may result from this ITB, the institution(s) or facility, within each region for which the Contract was awarded, to obtain a copy of any specific institutional or facility rules. The successful Vendor or designee shall provide each institution or facility with the following items before entering the facilities: Page 8 of 50

a. A list of tools that the successful Vendor and/or designee, will bring onto the institution or facility. These tools will be inventoried upon arrival and departure. b. Current picture identification of the successful Vendor and/or designee, consisting of a Driver s License or State of Florida ID card. The successful Vendor shall ensure that staff wears attire suitable for the work conducted in the performance of the Contract(s) resulting from this ITB. The successful Vendors staff shall be subject to searches of their person, their vehicle, equipment, and products at any time. The successful Vendor s staff shall be subject to the requirements of this ITB and may be denied access to the facility by the Warden or designee. Security procedures at any correctional institution or facility are stringent and necessary. This includes security screening when entering and exiting the institution or facility and may include a thorough inventory of tools and materials. The successful Vendor shall provide the institutional staff with a tool inventory sheet upon signing in. The Vendor is advised to carefully consider the impact of additional time when developing the bid. No additional compensation will be made for time involved in adhering to security requirements. The successful Vendor s staff on-site shall adhere to the standards of conduct prescribed in Rule 33-208, Florida Administrative Code (F.A.C.), and as prescribed in the Department s personnel policy and procedure guidelines, particularly rules of conduct, employee uniform and clothing requirements (as applicable), security procedures, and any other applicable rules, regulations, policies and procedures of the Department. The successful Vendor will receive the standards of conduct and the Department s personnel policy and procedure guidelines after awarded this Contract. In addition, the successful Vendor shall ensure that all staff adheres to the following requirements: a. The successful Vendor s staff shall not have any contact, with any inmate, except in a relationship that supports services under this Contract. Specifically, staff members must never accept for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an inmate or an inmate s family or close associate, no matter how trivial the gift or service may seem. The successful Vendor shall report to the Contract Manager any violations or attempted violation of these restrictions. In addition, no staff member shall give any gifts, favors or services to inmates, their family or close associates. b. The successful Vendor s staff shall not enter into any business relationship with inmates or their families (example performing grease trap services at a restaurant owned by an inmate s family), or personally employ them in any capacity. Page 9 of 50

c. The successful Vendor s staff shall not have outside contact (other than incidental contact) with an inmate being served or their family or close associates, except for those activities that are to be rendered under the Contract. d. The successful Vendor s staff shall not engage in any conduct which is criminal in nature or which would bring discredit upon the successful Vendor or the State. In providing services pursuant to this Contract, the successful Vendor shall ensure that its employees avoid both misconduct and the appearance of misconduct. e. Any violation or attempted violation of the restrictions referred to in this section regarding employee conduct shall be reported by phone and in writing to the Contract Manager or their designee, including proposed action to be taken by the successful Vendor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the successful Vendor to appropriate action, up to and including termination of this Contract. f. The successful Vendor shall report any incident described above, or requiring investigation by the successful Vendor, in writing, to the Contract Manager or their designee within twenty four (24) hours, of the successful Vendor s knowledge of the incident. g. At no time shall any successful Vendor s employee while delivering services under this Contract, wear clothing that resembles or could reasonably be mistaken for an inmate s uniform or any correctional officer s uniform or that bears the logo or other identifying words or symbol of any law enforcement or correctional department or agency. h. The successful Vendor shall provide their employees with a copy of these standards of employee conduct and document receipt of such notification in the employee s personnel file. 4.7.1 Background Checks The successful Vendors staff assigned to this Contract shall be subject, at the Department s discretion and expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC), Level I, background/criminal records check. This background check will be conducted by the Department and may occur or re-occur at any time during the Contract period. The Department has full discretion to require the successful Vendor to disqualify, prevent, or remove any staff from any work under the Contract. The use of criminal history records and information derived from such records checks are restricted pursuant to Section 943.054, F.S. The Department shall not disclose any information regarding the records check findings or criteria for disqualification or removal to the successful Vendor. The Department shall not confirm to the successful Vendor the existence or nonexistence of any criminal history record information. In order to carry out this records check, the successful Vendor shall provide, upon request, the following data for any individual or staff of the successful Vendor or subcontractor s staff assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver s License Number and State of Issue. If Page 10 of 50

requested, the successful Vendor s staff shall submit to fingerprinting by the Department of Corrections for submission to the Federal Bureau of Investigation (FBI). The successful Vendor shall not consider new employees to be on permanent status until a favorable report is received by the Department from the FBI. The successful Vendor shall ensure that the Contract Manager or designee is provided the information needed to have the FCIC/NCIC background check conducted prior to any new successful Vendors staff being hired or assigned to work under the Contract. The successful Vendor shall not offer employment to any individual or assign any individual to work under the Contract, who has not had an FCIC/NCIC background check conducted. No person who has been barred from any Department facility shall provide services under the Contract resulting from this solicitation. The successful Vendor shall not permit any individual to provide services under the Contract resulting from this solicitation that is under supervision or jurisdiction of any parole, probation or correctional authority. Persons under any such supervision may work for other elements of the successful Vendor s agency that are independent of the contracted services. The successful Vendor shall immediately report any new arrest, criminal charges or convictions of a current employee under the Contract resulting from this solicitation to the respective Contract Manager. The successful Vendor shall also disclose any business or personal relationship a successful Vendors staff person, officer, agent or potential hire may have with anyone presently incarcerated or under the supervision of the Department. 4.8 Mandatory Documentation All Vendors must submit the following mandatory documentation with their submittal: Price Page - Attachment II Business Reference Form - Attachment III Certification/Attestation Form - Attachment IV 4.9 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 119.011(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 Art. I, Sec. 24, Fla. Constitution and Chapter 119, F.S. The Vendor agrees to: (a) keep and maintain public records that would ordinarily and necessarily be required by the Department to perform the Contracted service; (b) allow the Department and the public access to records in accordance with the provisions of Chapter 119 and Section 945.10, F.S.; (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; and (d) meet all requirements for retaining public records and transfer to the Department, at no cost, all public records in the Vendor s possession Page 11 of 50

upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the Department s information technology systems. 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 successful 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. The Vendor s failure to comply with these provisions shall constitute sufficient cause for termination of this Contract. 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. 4.10 Price Page The Vendor shall complete, sign, date, and return the Price Page, Attachment II. By submitting a bid or bids under this ITB, each Vendor warrants its agreement to the prices submitted. Bids should be submitted with the most favorable pricing terms Vendor can offer to the State. Any modifications, counter offers, deviations, or challenges may render the bid non-responsive. By submitting an offer or offers under this ITB, each Vendor warrants its agreement to the prices submitted. If the Price Page includes inconsistencies or 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. 4.11 References The bid response shall include contact information for three (3) entities the Vendor has provided services similar to those requested in this solicitation. Vendors shall use the Business Reference Form, Attachment III, to provide the required information. The Department reserves the right to contact any and all entities in the course of this solicitation evaluation in order to make a fitness determination. The Department s determination is not subject to review or challenge. 4.12 Deliverables Deliverables for the purposes of this Contract are identified in Specifications, Attachment I. 4.13 Financial Consequences The parties acknowledge that the late performance or delivery of deliverables will interfere with the timely and proper completion of the Project, to the loss and damage of the State, and that it would be impracticable and extremely difficult to fix the actual damage sustained by the State as a result of any such delay. Accordingly, the parties agree upon a reasonable amount of financial consequences which are not intended to be a penalty and are solely intended to compensate for unknown and unascertainable Page 12 of 50

damages. Accordingly, unless otherwise stated in this ITB, financial consequences shall be assessed on the successful Vendor for $500 per calendar day for each day the successful Vendor fails to complete agreed upon work, subject to the force majeure provisions of the Contract. Allowing completion after the time allowed shall not act as a waiver of financial consequences. Nothing in this section shall be construed to make the successful Vendor liable for delays that are beyond its reasonable control. Nothing in this section shall limit the Department s right to pursue its remedies for other types of damages. 4.14 Payments and Invoicing The Contract(s) resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Vendor for services as specified in Specifications, Attachment I. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Department requires a consolidated, single invoice, on a monthly billing cycle for services performed with supporting documentation as indicated under Invoice Submission. The successful Vendor s invoice shall include the Vendor s name, mailing address, tax ID number/fein, Contract number, and dates of service. The Contractor shall request such compensation, as well as final payment, by submitting a properly completed and notarized Application for Payment, in the form as directed. 4.15 Purchasing Card Program The State of Florida has implemented a purchasing card program (PCard), using the Visa platform. Upon mutual agreement of both parties, Vendors may receive payments via purchasing card in the same manner as other Visa purchases. To find out more about the State s purchasing card program you may visit: www.dms.myflorida.com. 4.16 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, 800-342-2762. SECTIONS 5.0 PROCUREMENT RULES AND INFORMATION 5.1 Bidder Inquiries Questions related to this ITB must be received, in writing via e-mail by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries or those submitted after the period specified in the Timeline will not be addressed. Responses to questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline. The VBS is located at: http://vbs.dms.state.fl.us/vbs/main_menu. Page 13 of 50

Procurement Officer Contact Information Trueby Bodiford, Procurement Officer Florida Department of Corrections Bureau of Support Services Email: purchasing@mail.dc.state.fl.us Bidders 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 or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response, Section 287.057(23), F.S. Any person requiring special accommodation in responding to this solicitation because of a disability should call the Bureau of Support Services at 850-717-3700 at least five (5) days prior to any pre-solicitation conference, solicitation opening or meeting. If you are hearing or speech impaired, please contact the Bureau of Support Services by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD). Interested parties are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 5.2 Cost of Bid Preparation Neither the Department nor the State of Florida is liable for any costs incurred by a Vendor in responding to this ITB. 5.3 Travel Expenses The Department shall not be responsible for the payments of any travel expenses incurred by the successful Vendor resulting from this ITB. 5.4 Instructions for Bid Submittal Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Vendor s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are not desired. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that Vendors follow the format and instructions. Bids may be sent by U.S. Mail, Courier, Overnight, or hand delivered to the location indicated in the Timeline. Electronic submission of bids will not be accepted for the Invitation to Bid. All bids must be submitted in a sealed envelope/package with the relevant ITB number and the date and time of the bid opening clearly marked on the outside of the envelope/package. It is the Vendor s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline. The Department s clocks will provide the official time for bid receipt and opening. Late bids will not be accepted. Page 14 of 50

Vendors shall complete, sign, and return the ITB Acknowledgement Form (Page 1) with the bid submittal. Submit one (1) original bid, and one electronic copy of the bid on CD. The electronic copy should contain the entire bid, as submitted, including all supporting and signed documents, and should not be password protected. 5.5 Disclosure of Bid Submittal Contents All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the Vendor or its agents. All replies shall become the property of the Department and shall not be returned to the Vendor. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any reply. Selection or rejection of a bid shall not affect this right. 5.6 Bid Opening Bids are due and will be publicly opened at the time, date and location specified in the Timeline. Bid responses received late (after bid opening date and time) will not be accepted nor considered and no modification by the Vendor of submitted bids will be allowed, unless the Department has made a request for additional information. No Department staff will be held responsible for the inadvertent opening of a bid response not properly sealed, addressed or identified. The name of all Vendors submitting bids will be made available to interested parties, upon written request to the Procurement Officer. 5.7 Bid Evaluation Bids that do not meet the requirements specified in this ITB will be considered nonresponsive. The Department reserves the right to accept or reject any and all responses, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State s best interests. The Department may reject any response not submitted in the manner specified by the solicitation documents. Vendors are cautioned to make no assumptions unless their bid has been deemed responsive. 5.8 Basis of Award A single award shall be made to one (1) responsive, responsible Vendor offering the lowest Total Bid to provide services for the items/services indicated in this ITB. (See Attachment II - Price Page) 5.9 Disposal of Bids All bids become the property of the State of Florida and will be a matter of public record, subject to the provisions of Chapter 119, F.S. 5.10 Bid Rules for Withdrawal A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department, signed by an authorized representative of the Vendor, within seventytwo (72) hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain a valid bid one hundred and eighty (180) days after the bid submission Page 15 of 50

date, unless a different amount of time is indicated on the ITB Acknowledgement Form (Page 1). 5.11 Rejection of Bids The Department reserves the right to reject any and all bids to this ITB. 5.12 Addenda If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, it will be posted on the Florida Vendor Bid System at http://vbs.dms.state.fl.us/vbs/main_menu. Interested parties are responsible for monitoring this site for new or changing information or clarifications relative to this procurement. 5.13 Verbal Instruction Procedure/Discussions The Vendor shall not initiate or execute any negotiation, decision, or action arising from any verbal discussion with any State employee. Only written communications from the Department s Procurement Officer may be considered a duly authorized expression on behalf of the State. Additionally, only written communications from Vendors are recognized as duly authorized expressions on behalf of the Vendor. Any discussion by a Vendor with any employee or representative of the Department involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said Vendor s response. 5.14 No Prior Involvement and Conflict of Interest Section 287.057(17)(c), F.S., provides, A person who receives a contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest in not eligible to receive such contract. However, this prohibition does not prevent a Vendor who responds to a request for information from being eligible to contract with an agency. The Department considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or any other advisory capacity to constitute participation in drafting of the solicitation. Acknowledge acceptance on the Certification/Attestation Form, Attachment IV. The Vendor shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the Department for any act or service which he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the Vendor. No officer, agent, or employee of the Department shall have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department. Page 16 of 50

The Vendor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this ITB. 5.15 State Licensing Requirements All entities defined under Chapters 607, 617 or 620, F.S. seeking to do business with the Department shall be on file and in good standing with the State of Florida, Department of State. 5.16 MyFloridaMarketPlace (MFMP) Registration Each Vendor doing business with the State of Florida for the sale of commodities or contractual services as defined in Section 287.012. F.S., shall register in the MyFloridaMarketPlace Vendor Information Portal (VIP) system, unless exempted under Rule 60A-1.030, F.A.C. State agencies shall not enter into an agreement for the sale of commodities or contractual services, as defined in Section 287.012, F.S., with any Vendor not registered in the MyFloridaMarketPlace VIP system, unless exempted by rule. A Vendor not currently registered in the MyFloridaMarketPlace VIP system shall do so within 5 days of award. Registration may be completed at: http://vendor.myfloridamarketplace.com. Those needing assistance may contact the MyFloridaMarketPlace Customer Service Desk at 866-352-3776 or vendorhelp@myfloridamarketplace.com. 5.17 Certificate of Authority All corporations, limited liability companies, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State, in accordance with the provisions of Chapter 607, 608, 617, and 620, F.S., respectively. 5.18 E-Verify In accordance with Executive Order 11-116, The provider agrees to utilize the U.S. Department of Homeland Security s E-Verify system, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all new employees hired during the Contract term by the Provider. The Provider shall also include a requirement in subcontracts that the subcontractor shall utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Vendors meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. 5.19 Confidential, Proprietary, or Trade Secret Material The Department takes its public records responsibilities as provided under Chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously. If the Vendor considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure, pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Vendor must also simultaneously provide the Department with a separate redacted copy of its Page 17 of 50

response and briefly describe, in writing, the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department s solicitation name, number, and the name of the Vendor on the cover, and shall be clearly titled Redacted Copy. The redacted copy shall be provided to the Department at the same time the Vendor submits its response to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. The Vendor shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, the Vendor shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Vendor s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the Vendor fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by the Vendor in answer to a public records request for these records. In no event shall the Department, or any of its employees or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this solicitation. 5.20 Vendor Substitute W-9 The State of Florida Department of Financial Services (DFS) requires all Vendors that do business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms can be located at the same website once a registration has been completed. Answers to frequently asked questions related to this requirement are found at: https://flvendor.myfloridacfo.com. DFS is ready to assist Vendors with additional questions. You may contact their Customer Service Desk at 850-413-5519 or FLW9@myfloridaacfo.com. 5.21 Scrutinized Companies In accordance with Section 287.135, F.S., agencies are prohibited from contracting with companies, for goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List which have been combined to one PFIA List of Prohibited Companies which is updated quarterly. This list is created pursuant to Section 215.473, F.S., which provides that false certification may subject company to civil penalties, attorney s fees, and/or costs. 5.22 Required Certifications/Attestations All Vendors must sign and return with its response the Certification/Attestation Form, Attachment IV hereto, with their bid submission. Failure to return this form may lead to the Vendor being found non-responsive. 5.23 Identical Tie Bids When evaluating bids/proposals/responses to solicitations, if the Department receives identical pricing or scoring from multiple Vendors, the department shall determine the order of award using the criteria set forth in Rule 60A-1.011, F.A.C. and Chapter 295.187, F.S. Certified Veteran Business Enterprises. Page 18 of 50

5.24 Insurance The successful Vendor shall not commence any work in connection with this ITB or any resultant Contract until they have obtained all of the below listed types of insurance and such insurance has been approved by the Department. In addition, the successful Vendor shall not permit or allow any subcontractor to commence work on the Contract resulting from this solicitation (if this Agreement is subcontracted) until all similar insurance required of the successful Vendor has been obtained by the subcontractor and approved. All insurance policies shall be with insurers qualified and doing business in Florida. The successful Vendor will be required to furnish proof of coverage of insurance by Certificates of Insurance naming the Department as an additional named insured. The Department shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the successful Vendor and/or subcontractor providing such insurance. 5.24.1 Workers Compensation Insurance The successful Vendor shall secure and maintain, during the life of the Contract or other Agreement, Workers' Compensation insurance for all of his employees connected with the work of this project and in case any work is sublet, the successful Vendor shall require the subcontractor similarly to provide Workers' Compensation insurance for all subcontractor employees unless such employees are covered by the protection afforded by the successful Vendor. Such insurance shall comply fully with the Florida Workers Compensation Law. In the event any class of employees engaged in hazardous work under the Contract resulting from this solicitation at the site of the project is not protected under the Workers' Compensation Statute, the successful Vendor shall provide and cause each subcontractor to provide adequate insurance satisfactory to the Department for protection of any employees not otherwise protected. 5.24.2 Vendor s Public Liability and Property Damage Insurance The successful Vendor shall secure and maintain, during the life of the Contract or other Agreement, comprehensive general liability and comprehensive automobile liability insurance and shall provide the Department with a certificate of insurance naming the Department as an additional named insured. Such insurance shall protect the Department from claims for personal injury, including accidental death, as well as claims for property damage which may arise from any operations under the Contract or other Agreement whether such operations are conducted by himself or by anyone directly or indirectly employed by him. 5.24.3 Liability Insurance Coverage The successful Vendor agrees to provide at its sole expense adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of the Contract. At a minimum, such insurance shall include the following: workers compensation and employer s liability insurance per Florida statutory limits (currently $100,000 per accident, Page 19 of 50

5.25 Inspector General $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the State as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of $500,000, including hired and non-owned liability, and $5,000 medical payment. Upon the execution of the Contract resulting from this solicitation, the successful Vendor shall furnish the Department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a selfinsurance program established and operating under the laws of the State of Florida. The Contract shall not limit the types of insurance successful Vendor may desire to obtain or be required to obtain by law. The Department reserves the right to require additional insurance where appropriate. If the successful Vendor is a state agency or subdivision as defined by Section 768.28, F.S., the successful Vendor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any party s liability beyond that provided in Section 768.28, F.S. The Vendor shall comply with Section 20.055(5), F.S., which states; it is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review or hearing. SECTION 6.0 SPECIAL CONDITIONS 6.1 State Initiatives 6.1.1 Diversity in Contracting The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, women, and service disabled veteran business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority, women, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the state s procurement process as both Vendors and subcontractors in this solicitation. Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at: http://dms.myflorida.com/other_programs/office_of_supplier_divresity_osd/. Page 20 of 50