HomeMy WebLinkAboutinstruction to bidders1.0 Instructions to Bidders
Contents
1.01 Definitions
1.02 General Instruction
1.03 Terms and Conditions
1.04 Who May Bid
1.05 Ordering Instructions
1.06 Basis for Award
1.07 Questions/Contract Specialist
1.08 Conflict of Interest
1.09 Convicted Vendors
1.10 Discriminatory Vendors
1.11 Bidder's Representation and Authorization
1.12 Performance Qualifications
1.13 Execution of Bid
1.14 Submittal of Bid
1.15 Bid Tabulation
1.16 Special Accommodation
1.17 Firm Bids
1.18 Clarifications/Revisions
1.19 Contract Formation
1.20 Notice of Award
1.21 Contract Overlap
1.22 Purchasing Card Program
1.23 Public Records
1.24 Protests
1.01 Definitions: See the general conditions for definitions of "bid," "Contract," "Contractor,"
"Customer," "Department," "product," "purchase order," and "State," which terms are material
to these instructions.
1.02 General Instruction: The bidder shall read all of the solicitation documents and comply
with all specified requirements.
1.03 Terms and Conditions: All bids are subject to the terms of the following sections of these
solicitation documents, which, in case of conflict, shall have the order of precedence listed:
technical specifications; instructions to bidders; and general conditions. These terms and
conditions supersede the "general conditions" contained in the Bidder Acknowledgement form
(PUR 7027 Rev. 6/1/98), which is included in section 4.0 of these solicitation documents. The
Department objects to and shall not consider any additional terms or conditions submitted by a
bidder, including any appearing in documents attached as part of a bidder's response. In signing
and submitting its bid, a bidder agrees that any additional terms or conditions, whether submitted
intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and
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conditions, including those specifying information that must be submitted with a bid, shall be
grounds for rejecting a bid.
1.04 Who May Bid: Manufacturers and Certified Dealers for specified Cellular and Paging
Equipment and Services and pager services are invited to respond to this solicitation. By
submitting a bid, each bidder certifies that it satisfies the following criteria, in addition to any
other specified in the solicitation documents.
Full -service office with business hours of 8:00 A.M. E.S.T. to 5:00 P.M. E.S.T, weekdays
(minimum) and with staff capable of handling inquiries and orders on -location during
those business hours (including lunch hour),
In furtherance of the One Florida Initiative, bidders are encouraged to seek the participation of
woman- and minority -owned business enterprises (WMBE). Information on the One : Florida
Initiative and WMBEs is available from the Office at Supplier Diversity at http://osd.dms.state.fl.us.
Please identify each WMBE that will participate in the Contract and the nature of the participation.
1.05 Ordering Instructions: On the Ordering Instructions form included in section 4.0 of these
solicitation documents, bidders shall identify those dealers or resellers that will accept orders and
complete deliveries and certify that they are authorized to do so.
1.06 Basis for Award: The Department intends to make awards to one or more of the
responsive highest scoring bidders, for Pager Services and Cellular Services. EACH BIDDER
SHALL SUBMIT WITH ITS BID BOTH A HARD COPY AND AN ELECTRONIC
COPY OF THE LIST THE BIDDER USES AS THE BENCHMARK LIST AGAINST
WHICH TO MEAURE OFFERED PRICE SAVINGS. This Benchmark List must be
composed of list prices generally available to the citizens of the state of Florida.
To be responsive, bidders must offer a minimum twenty-five percent (25%) discount to their
published benchmark price list on a statewide basis.
Bids will be scored as follows, with price being the controlling criterion. Price will be based upon
the lowest total net discounted price for a given category. The lowest bidder will receive the
maximum number of points (100), and others will be awarded points according to this formula: (N /
X) '" C = Z, where
N = lowest price bid
X = bidder's price
C = total number of points (100)
Z = points awarded
A maximum of ten bonus points will be awarded as follows. A bidder may receive points on
more than one basis, but the total shall not exceed ten points.
10 points — Bidder is a Florida -certified WMBE. (submit copy of certification from the Florida
Office of Supplier Diversity (http://osd.dms.state.fl.usl)).
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4 points — Bidder is incorporated in, or has its principal place of business in, Florida (submit
proof from the Florida Secretary of State, Division of Corporations, or certification from
company officer).
2 points — Bidder is a WMBE certified by another state of the federal government (submit copy
of certification from the other state or the federal government).
A bidder shall submit with its bid conclusive proof that it qualifies for bonus points. FAILURE
TO INCLUDE THIS INFORMATION WITH THE BID SHALL PRECLUDE AN
AWARD OF BONUS POINTS.
Bidder may bid options and accessories for specified basic units only. The bidder must receive
an award for the specified basic unit in order to receive an award for options and accessories.
The Department reserves the right to accept or reject any individual item(s) offered as options
and accessories:
Bidders are solely responsible for submitting the appropriate forms with their bid. To assist
bidders, a bid preparation checklist is included in section 4.0 of these solicitation documents. To
avoid submitting unnecessary paper, the bidder is not .required to submit the Technical
Specifications, Section 2.0, with their bid.
The Department reserves the right to reject pricing that is greater than pricing offered to other
potential Customers (e.g., city, county, university, or federal contracts). The Department reserves
the right to accept or reject any and all bids, or separable portions, and to waive any minor
irregularity, technicality, or omission if the Department determines that doing so will serve the
State's best interest.
1.07 Questions/Contract Specialist: Bidders shall address any question regarding this
solicitation to the person who is identified on the cover sheet of this solicitation package. Do not
contact Customers directly. Questions shall be in writing, shall reference the ITB number and
the bid opening date, and shall be RECEIVED NO LATER THAN October 30, 2002, and
shall be answered in writing on or before November 5, 2002. The Department shall post
amendments to the solicitation documents on the Florida Vendor Bid System at
www.myflorida.com under the posted solicitation number (click on Business and then Doing
Business with the State; under Everything for Vendors and Customers, click Vendor Bid System
(VBS) and then Search Advertisements. In the Agency drop -down menu, select Department of
Management Services, then click Initiate Search). Each bidder is responsible for monitoring this
site for new or changing information. The Department shall not be bound by any verbal
information or by any written information that is not either contained within the solicitation
documents or formally noticed and issued by the Department.
1.08 Conflict of Interest: This solicitation is subject to chapter 112 of the Florida Statutes.
Bidders shall disclose with their bid the name of any officer, director, employee or other agent
who is also an employee of the State. Bidders shall also disclose the name of any State
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employee who owns, directly or indirectly, an interest of five percent (5%) or more in the bidder
or its affiliates.
1.09 Convicted Vendors: A person or affiliate placed on the convicted vendor list following a
conviction for a public entity crime is prohibited from doing any of the following for a period of
36 months from the date of being placed on the convicted vendor list: submitting a bid on a
contract to provide any goods or services to a public entity; submitting a bid on a contract with a
public entity for the construction or repair of a public building or public work; submitting bids on
leases of real property to a public entity; being awarded or performing work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and transacting
business with any public entity in excess of the Category Two threshold amount ($25,000)
provided in section 287.017 of the Florida Statutes.
1.10 Discriminatory Vendors: An entity or affiliate placed on the discriminatory vendor list
pursuant to section 287.134 of the Florida Statutes may not submit a bid on a contract to provide
any 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 be awarded or perform work as a contractor, supplier,
sub -contractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
1.11 Bidder's Representation and Authorization: In submitting a bid, each -bidder
understands, represents, and acknowledges the following (if the bidder cannot so certify to any of
following, the bidder shall submit with its bid a written explanation of why it cannot do so).
• The bidder is not currently under suspension or debarment by the State or any other
governmental authority.
• To the best of the knowledge of the person signing the bid, the bidder, its affiliates,
subsidiaries, directors, officers, and employee are not currently under investigation by any
governmental authority and have not in the last ten (10) years been convicted or found liable
for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with
respect to bidding on any public contract.
• To the best of the knowledge of the person signing the bid, the bidder has no delinquent
obligations to the State, including a claim by the State for liquidated damages under any
other contract.
• The bid is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary or other noncompetitive
bid.
• The bid prices and amounts have been arrived at independently and without consultation,
communication, or agreement with any other bidder or potential bidder; neither the prices nor
amounts, actual or approximate, have been disclosed to any bidder or potential bidder, and
they will not be disclosed before bid opening.
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• The bidder has fully informed the Department in writing of all convictions of the firm, its
affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors,
officers, and employees of the firm and its affiliates for violation of state or federal antitrust
laws with respect to a public contract for violation of any state or federal law involving fraud,
bribery, collusion, conspiracy or material misrepresentation with respect to a public contract.
This includes disclosure of the names of current employees who were convicted of contract
crimes while in the employ of another company.
• Neither the bidder nor any person associated with it in the capacity of owner, partner,
director, officer, principal, investigator, project director, manager, auditor, or position
involving the administration of federal funds:
o Has within the preceding three years been convicted of or had a civil judgment rendered
against them or is presently indicted for or otherwise criminally or civilly charged for:
commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a federal, state, or local government transaction or public contract;
violation of federal or state antitrust statutes; or commission of embezzlement, theft,
forgery,, bribery, falsification or destruction of records, making false statements, or
receiving stolen property; or
o Has within a three-year period preceding this certification had one or more federal, state,
or local government contracts terminated for cause or default.
• The product offered by the bidder will conform to the specifications without exception.
• The bidder has read and understands the Contract terms and conditions, and the bid is made
in conformance with those terms and conditions.
• If an award is made to the bidder, the bidder agrees that it intends to be legally bound to the
Contract that is formed with the State.
• The bidder has made a diligent inquiry of its employees and agents responsible for preparing,
approving, or submitting the bid, and has been advised by each of them that he or she has not
participated in any communication, consultation, discussion, agreement, collusion, act or
other conduct inconsistent with any of the statements and representations made in the bid.
• The bidder shall indemnify, defend, and hold harmless the Department and its employees
against any cost, damage, or expense that may be incurred or be caused by any error in the
bidder's preparation of its bid.
• All information provided by, and representations made by, the bidder are material and
important and will be relied upon by the State in awarding the Contract. Any misstatement
shall be treated as fraudulent concealment from the State of the true facts relating to
submission of the bid. A misrepresentation shall be punishable under law, including, but not
limited to, Chapter 817 of the Florida Statutes.
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1.12 Performance Qualifications: The Department reserves the right to investigate or inspect
at any time whether the product, qualifications, or facilities offered by bidder meet the Contract
requirements, Bidder shall at all times during the Contract term remain responsive and
responsible. Bidder must be prepared, if requested by the Department, to present evidence of
experience, ability, and financial standing, as well as a statement as to plant, machinery, and
capacity of the bidder for the production, distribution, and servicing of the product bid, If the
Department determines that the conditions of the solicitation documents are not complied with,
or that the product proposed to be furnished does not meet the specified requirements, or that the
qualifications, financial standing, or facilities are not satisfactory, or that performance is
untimely, the Department may reject the bid or terminate the Contract. Bidder may be
disqualified from receiving awards if bidder, or anyone in bidder's employment, has previously
failed to perform satisfactorily in connection with public bidding or contracts. This paragraph
shall not mean or imply that it is obligatory upon the Department to make an investigation either
before or after award of the Contract, but should the Department elect to do so, bidder is not
relieved from fulfilling all Contract requirements.
1.13 Execution of Bid: Each bid shall be in the form included with these solicitation documents
and manually signed by an authorized representative of the bidder. Bids shall be typed or printed
in permanent ink. Any correction or alteration shall be in ink and initialed. The bidder's name
shall appear on each page of the bid in the space noted. Each bid shall include the Bidder
Acknowledgement form (PUR 7027 Rev. 6/1/98), but the "General Conditions of that form are
superseded by the terms of and conditions of these solicitation documents. Each bid shall
include a copy of the Contract form, signed by a person authorized to bind the Company.
Bidders may bid fewer than all of the product categories and sub -categories outlined in the
Technical Specifications and noted on the bid tables included in section 4.0 of these solicitation
documents. A bidder may return only those bid tables containing categories it is bidding, but
shall identify in a cover letter exactly which pages it is submitting. Bidders are solely responsible
for submitting the appropriate forms with their bid.
1.14 Submittal of Bid: Submit the original bid and one copy in a sealed envelope. DO NOT
INCLUDE MORE THAN ONE BID PER ENVELOPE. EACH BIDDER SHALL SUBMIT
BOTH A HARD COPY AND AN ELECTRONIC COPY OF THE BID WITH ITS
RESPONSE. The face of the envelope shall indicate State Purchasing's address, the bid number,
and date and time of the bid opening. Bids not submitted on the forms included with these
solicitation documents shall be rejected. Each bidder is responsible for ensuring that its bid is
delivered at the proper time and to the proper place. The Department shall not consider late bids.
BIDS MUST BE RECEIVED AT STATE PURCHASING, 4050 ESPLANADE WAY,
ROOM 380G, TALLAHASSEE, FLORIDA, AT OR BEFORE 2:00 P.M. ON November
13, 2002.
1.15 Bid Tabulation: Bid Tabulation and Notice of Intended Award: Bids shall be opened
on the date specified on the Bidder Acknowledgement form (PUR 7027 Rev. 6/1/98), or as
amended, and thereafter tabulated. Prices will not be read, pursuant to section 119.07(m) of the
Florida Statutes. Based on the bid tabulation, on the date specified on the Bidder
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Acknowledgement form, the Department shall electronically post a notice of intended award at
http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, in
lieu of posting the notice the 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 Department a notice of protest within 72 hours after the posting of the notice of
intended award (see Instructions in Paragraph 1.24 for more information on protests). The
Department shall not provide bid tabulations by telephone.
1.16 Special Accommodation: Any person requiring a special accommodation at State
Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least five (5)
workdays prior to the bid opening. If you are hearing or speech impaired, please contact State
Purchasing by using the Florida Relay Service at (800) 955-8771 (TDD).
1.17 Firm Bids: The Department may make award within sixty (60) days after the date of bid
opening, during which period bids shall remain firm and shall not be withdrawn, If award is not
made within sixty (60) days, a bid shall remain firm until either the Department awards the
Contract or the Department receives from the bidder written notice that the bid is withdrawn,
Any bid that expresses a shorter duration may, in the Department's sole discretion, be accepted
or rejected.
1.18. Clarifications/Revisions: Before award, the Department reserves the right to seek
clarifications, to request bid revisions, and to request any information deemed necessary for
proper evaluation of bids from all bidders deemed eligible for Contract award. Failure to provide
requested information may result in rejection of the bid.
1.19 Contract Formation: No contract shall be formed between bidder and the Department until
the Department signs the Contract. The Department shall not be liable for any costs incurred by
a bidder in preparing or producing its bid or for any work performed before the Contract is
effective.
1.20 Notice of Award: The Department shall issue a notice of award, if any, to successful
bidders, who shall be responsible for reproducing and distributing copies of the notice and
Contract documents to all of the dealers or resellers identified in the bid as authorized to accept
purchase orders and complete deliveries and to all authorized service centers.
1.21 Contract Overlap: Bidders shall identify any products covered by this solicitation that they
are currently authorized to furnish under any other contract with the Department. By entering
into the Contract, a Contractor authorizes the State to eliminate duplication between agreements
in the manner the State deems to be in its best interest.
1.22 Purchasing Card Program: The State has implemented a purchasing card program
through Bank of America, using the Visa network. Contractors will receive payment from the
purchasing card in the same mariner as other Visa purchases. Accordingly, bidders must
presently have the ability to accept Visa or take whatever steps necessary to implement the
ability before the start of the Contract term. The State reserves the right to revise this program in
conjunction with implementation of an on-line procurement system.
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1.23 Public Records: Florida law generously defines what constitutes a public record; see, for
example, section 119.07 of the Florida Statutes. If a bidder believes that its bid contains
information that should not be a public record, the bidder shall clearly segregate and mark that
information (for example, stamp each page "Confidential" and place it in an envelope marked
"Confidential") and briefly describe in writing the grounds for claiming exemption from the
public records law. The Department will not independently evaluate the bidder's claim of
exemption. If the Department receives a public records request related to the bid, the
Department shall notify the bidder in writing at least seven days before making the information
available for review by the requester. The bidder shall be solely responsible for taking whatever
action it deems appropriate to legally protect its claim of exemption from the public records law.
If the bidder fails to do so, the Department shall make the information available for review. 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.
1.24 Protests: Any protest concerning this solicitation shall be made in accordance with sections
120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida
Administrative Code. It is the Department's intent to ensure that specifications are written to
obtain the best value for the State and that specifications are written to ensure competitiveness,
fairness; necessity and reasonableness in the solicitation process. Notice of protest of the
solicitation documents shall be made within seventy-two hours after receipt of notice of the
solicitation. Questions to the Contract Supervisor shall not constitute formal notice. Failure to
file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to file a
bond or other security within the time allowed for filing a bond shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes.
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