HomeMy WebLinkAboutsection 2'Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
2.1 PURPOSE: TO PRE -QUALIFY BIDDERS
The purpose of this Invitation to Bid is to pre -qualify bidders for bidding through the
submission of documents and forms which verifies that the bidder meets or exceeds
minimum criteria. All bidders which meet or exceed the criteria established in the
Invitation to Bid shall be placed on a Pre -Qualification List that may be accessed by
County departments in order to obtain price quotations for the provision of Safety Shoes
and Boots, on an as needed when needed basis.
2.2 IntentionalIy Omitted
2.3 Intentionally Omitted
2.4 TERM OF CONTRACT: TWELVE (12) MONTHS
This contract shall commence on the first calendar day of the month succeeding approval
of the contract by the Board of County Commissioners, or designee, unless otherwise
stipulated in the Notice of Award Letter which is distributed by the County's Department
of Procurement Management, Bids & Contracts Division; and contingent upon the
completion and submittal of all required bid documents. The contract shall remain in.
effect for twelve (12) months and upon completion of the expressed and/or implied
warranty period.
2.5 OPTION TO RENEW FOR FOUR (41 ADDITIONAL YEARS (With
Manufacturers Price Adjustment)
The initial contract prices resultant from this solicitation shall prevail for a one (1) year
period from the contract's initial effective date. Prior to, or upon completion, of that
initial term, the County shall have the option to renew this contract for an additional four
(4) year(s) period on a year -by -year basis. Prior to completion of each exercised contract
term, the County will consider adjustment to price based on the Manufacturers Price
Increase (Manufacturers Invoice Indications Price Increase) to be supplied upon request
on Renewal Year only.
It is the vendor's responsibility to request any pricing adjustment under this provision.
For any adjustment to commence on the first day of any exercised option period, the
vendor's request for adjustment should be submitted 90 days prior to expiration of the
then current contract term. The vendor adjustment request must clearly substantiate the
requested increase. If no adjustment request is received from the vendor, the County will
assume that the vendor has agreed that the optional term may be exercised without
pricing adjustment. Any adjustment request received after the commencement of a new
option period may not be considered.
Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
Continuation of the contract beyond the initial period, and any option subsequently
exercised, is a County prerogative, and not a right of the bidder. This prerogative will be
exercised only when such continuation is clearly in the best interest of the County.
Should the vendor decline the County's right to exercise the option period, the County
will consider the vendor in default which decision shall affect that vendor's eligibility far
future contracts.
NOTE: IF MULTIPLE VENDORS ARE INVOLVED UNDER A GIVEN
CONTRACT, ANY OPTIONS TO RENEW WILL BE
RESTRICTED TO THE SPECIFIC ITEMS OF WORK INITIALLY
AWARDED TO ANY SPECIFIC VENDOR.
2.6 METHOD OF AWARD: LOWEST PRICE BASED ON PERCENTAGE
DISCOUNT OFFERED
Award of this contract will be made to vendors that pre -qualify by manufacturer.
Accordingly, the bidder must submit its manufacturer's price lists with the bid proposal in
order to be considered eligible for award. This requirement supersedes any other Special
Condition in this Bid Solicitation which may allow the bidder to submit price lists during
the bid evaluation period. These price lists must be common to, and accepted by, the
industry in general.
In Emergency Situations, Geographic Location of vendor will determine award.
This bid shall be made in accordance with the requirements of this Bid Solicitation, in
which potential bidders shall be experienced in the work specified.
The potential bidder(s) shall submit the following documentation/information in order to
be considered.
A. Submit a letter from each Manufacturer, which states that your company is art
authorized distributor.
B. List record of experience to include any training and experience in similar work.
C. List a description of similar work performed satisfactorily and completed with a
location, dates of contract, names, addresses and telephone numbers of contact;
persons.
D. Submit a detailed list of mobile unit(s) and/or facility (ies) (See Paragraph 2.35)
that will be available to do the work or provide the services. Days and Hours of
operations shall be included.
E. List the personnel, by name and title, which will be available to perform the work
and/or provide the services.
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'Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
In regards to items A and B above, an acceptable level of previous work experience is
defined as follows:
Not less than two (2) years experience by the bidding entity in the shoe retail
business, and evidence of successful participation in contract efforts of similar
scope and purpose.
Failure to submit the information requested above may be cause for disqualification from
the award for this solicitation. The County reserves the right to accept criteria during the
evaluation period.
The County reserves the right to add or delete vendors, which meet or exceed the
qualification criteria, stated herein, during the term of this contract, as it deems necessary
and in the best interests of the County.
2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:
If the bidder is awarded a contract under this bid solicitation, the prices proposed by the
bidder shall remain fixed and firm during the term of contract.
2.8 Intentionally Omitted
2.9 "EQUAL" PRODUCT CAN BE CONSIDERED UPON RECEIPT OF
SPECIFIED DATA
The manufacturer's name, brand name and/or model number information contained in.
this solicitation are being used for the sole purpose of establishing the minimum
requirement of level of quality, standard of performance, and design and is in no way
intended to prohibit the offer of another manufacturer's items of equal material unless
otherwise indicated on the Bid/Proposal Submission Form.
This specific solicitation requires submission of the following documentation to enable
County evaluation of "equal" products:
X : Product Information Sheets
: Product Samples with Initial Offer
X : Product Samples Upon Specific Request
: Product Labels
: Performance Test Results
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
If an "equal" product may be considered by the County in accordance with the
Bid/Proposal Submission Form, the unit shall be equal in quality and standards of
performance to the item specified in the solicitation. Where an "or equal" item is offered,
and product information sheets are required, the initial offer must be accompanied with
two (2) complete sets of product information sheets (such as factory specifications,
standard manufacturer information sheets, catalogues, and brochures), and if required,
two (2) copies of performance test results of the unit offered as an equal.. Also for
product information submittals, all supporting documentation submitted by the offeror
must in total meet the required specifications set forth in this solicitation. Where the
standard product literature submitted with the offer provides information that does not
comply with the specifications, the offeror shall state, in an official letter on corporate
letterhead as part of their initial offer, the differences between the item they are
specifically offering, and the equipment described by the standard product literature, to
substantiate compliance to all of the specifications set forth in this solicitation. In such
cases, any offer submitted with standard product literature but without the letter
explaining compliance will result in the rejection of the offer for not meeting the
solicitation specifications.
If samples of all "or equal" items bid are required for evaluation, such items are to be
provided at no cost to the County, and should be submitted with the initial offer, or at the
time of specific request. Failure to meet this requirement may result in your offer being
rejected.
For "equal" products to be evaluated based on submission of product labels, the initial
offer should be accompanied with labels indicating the specification and ingredients for
each "or equal" item offered. Failure to meet this requirement may result in your offer
being rejected.
The County shall be sole judge of equality, based on the best interests of the County, and
its decision in this regard shall be final. Items labeled "No Substitute" on the County's
Bid/Proposal Submission Form are the only products that will be accepted under this
solicitation.
2.10 Intentionally Omitted
2.11 INDEMNIFICATION AND INSURANCE (1) - GENERAL SERVICE AND
MAINTENANCE CONTRACT 'APPLICABLE ONLY TO VENDORS WHICH
WILL BE PROVIDING MOBILE UNIT SERVICE)
Provider shall indemnify and hold harmless the County and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the County or its officers, employees, agents
or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Agreement by the Provider or its employees, agents, servants,
partners principals or subcontractors. Provider shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the County, where applicable, including appellate
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. Provider expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by Provider shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided.
The vendor shall furnish to the Vendor Assistance Section, Department of Procurement
Management, Administration Division, 111 NW 1st Street, Suite 1300, Miami, Florida
33128, Certificate(s) of Insurance which indicate that insurance coverage has been
obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as
required by Florida Statute 440.
B. Public Liability Insurance on a comprehensive basis in an amount not less
than $300,000 combined single limit per occurrence for bodily injury and
property damage. Miami -Dade County must be shown as an additional
insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with the work, in an amount not less than
$300,000 combined single limit per occurrence for bodily injury and
property damage.
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no
less than "Class V" as to financial strength, by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,
or its equivalent, subject to the approval of the County Risk Management
Division.
Or
The company must hold a valid Florida Certificate of Authority as shown
in the latest "List of All Insurance Companies Authorized or Approved to
Do Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without
thirty (30) days in advance notice to the certificate holder.
NOTE: MIAMI-DADE COUNTY SOLICITATION NUMBER AND TITLE OF
SOLICITATION MUST APPEAR ON EACH CERTIFICATE.
CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY
111 NW STREET, SUITE 2340
MIAMI, FL 33128
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'Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
Compliance with the foregoing requirements shall not relieve the
vendor of his liability and obligation under this section or under any
other section of this agreement.
Issuance of a purchase order is contingent upon the receipt of the insurance documents
within fifteen (15) calendar days after Board of County Commission approval. If the
insurance certificate is received within the specified time frame but not in the manner
prescribed in this solicitation, the vendor shall be verbally notified of such deficiency and
shall have an additional five (5) calendar days to submit a corrected certificate to the
County. If the vendor fails to submit the required insurance documents in the manner
prescribed in this solicitation within twenty (20) calendar days after Board of
Commission approval, the vendor shall be in default of the contractual terms and
conditions and shall not be awarded the contract. Under such circumstances, the vendor
may be prohibited from submitting future Proposal to the County in accordance with
Section 1.24 of the General Terms and Conditions.
The vendor shall be responsible for assuring that the insurance certificate required in
conjunction with this Section remain in force for the duration of the contractual period;
including any and all option years that may be granted to the vendor in accordance with
Section 2.5 of this solicitation. If insurance certificates are scheduled to expire during the
contractual period, the vendor shall be responsible for submitting new or renewed
insurance certificates to the County at a minimum of thirty (30) calendar days in advance
of such expiration. In the event that expired certificates are not replaced with new or
renewed certificates which cover the contractual period, the County shall suspend the
contract until such time as the new or renewed certificates are received by the County in
the manner prescribed in the solicitation; provided, however, that this suspended period
does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30)
calendars days, the County may, at its sole discretion, terminate this contract for cause
and seek re -procurement damages from the vendor in accordance with Section 1.24 of
this solicitation.
Department of Procurement Management
Bids and Contracts Division
111 NW 1st Street, Suite 1300
Miami, Florida 33128-1989
2.12 Intentionally Omitted
2.13 Intentionally Omitted
2.14 Intentionally Omitted
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
2.15 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED
PURCHASES
The vendor(s) shall submit an invoice(s) to the County user department(s) after purchase
has been completed, whether the specific item(s) were picked up by authorized County
personnel or delivered to the site by the vendor. In addition to the general invoice
requirements set forth below, the invoices shall reference the corresponding delivery
ticket number or packing slip number that was signed by an authorized representative of
the County user department at the time the items were delivered and accepted. Submittal
of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of
the items. Under no circumstances shall the invoices be submitted to the County in
advance of the delivery and acceptance of the items.
All invoices shall contain the following basic information:
I. Vendor Information:
• The name of the business organization as specified on the contract
between Miami -Dade County and vendor.
• Date of invoice
• Invoice number
• Vendor's Federal Identification Number on file with Miami -Dade County.
II. County Information:
• Miami -Dade County Release Purchase Order or Small Purchase Order
Number
II. Pricing Information:
• Unit price of the goods, services or property provided
• Extended total price of the goods, services or property
• Applicable discounts
IV. Goods or Services Provided per Contract:
• Description
Quantity
V. Delivery Information:
Delivery terms set forth within the Miami -Dade County Release Purchase
Order
Location and date of delivery of goods, services or property
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
VI. Failure to Comply:
Failure to submit invoices in the prescribed manner will delay payment,
contractor may be considered in default of contract and its contract may be
terminated.
2.15.01 INVOICES FOR FLEET MANAGEMENT DIVISION:
The successful bidder(s) shall submit an invoice with each completed job or
delivered order, at the time that completed job or delivered order to the County.
Invoices will be directed to the attention of the shop Facility Supervisor that
assigned the work or ordered the products and services.
2.16 SHIPPING TERMS: F.O.B. DESTINATION
All bidders shall quote prices based on F.O.B. Destination and shall hold title to the
goods until such time as they are delivered to, and accepted by, an authorized County
representative at various location in Miami -Dade County.
2.17 DELIVERY SHALL BE FIFTEEN (15 ) DAYS AFTER DATE OF ORDER
The vendor shall make deliveries within fifteen (15) calendar days after the date of the
order. All deliveries shall be made in accordance with good commercial practice and all
required delivery timeframes shall be adhered to by the vendor(s); except in such cases
where the delivery will be delayed due to acts of God, strikes, or other causes beyond the
control of the vendor. In these cases, the vendor shall notify the County of the delays in
advance of the original delivery date so that a revised delivery schedule can be
appropriately considered by the County.
Should the vendor(s) to whom the contract(s) is awarded fail to deliver in the number of
days stated above, the County reserves the right to cancel the contract on a default basis
after any back order period that has been specified in this contract has lapsed. If the
contract is so terminated, it is hereby understood and agreed that the County has the
authority to purchase the goods elsewhere and to charge the incumbent vendor with any
re -procurement costs. If the vendor fails to honor these re -procurement costs, the County
may terminate the contract for default.
Certain County employees may be authorized in writing to pick-up materials under this
contract. Vendors shall require presentation of this written authorization. The vendor
shall maintain a copy of the authorization. If the vendor is in doubt about any aspect of
material pick-up, vendor shall contact the appropriate user department to confirm the
authorization.
' Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
2.18 BACK ORDER DELAYS IN DELIVERY SHALL NOT BE ALLOWED
The County shall not allow any late deliveries attributed to product back order situations
under this contract. Accordingly, the vendor is required to deliver all items to the County
within the time specified in this solicitation and resultant contract; and no grace period on
account of back order situations shall be honored, unless written authorization is issued
by the user department, and a new delivery date is mutually established. In the event that
the vendor fails to deliver the products within the time specified, the County reserves the
right to cancel the order, seek the items from another vendor, and charge the incumbent
vendor for any re -procurement costs. If the vendor fails to honor these re -procurement
costs, the County may terminate the contract for default.
2.19 Intentionally Omitted
2.20 CONTACT PERSONS:
For any additional information regarding the Terms and Conditions and requirements of
this solicitation and resultant contract, Contact: Pablo Martinez, at (305) 375-2102 or
send an e-mail to, mpablo@miarnidade.gov.
2.21 COUNTY USER ACCESS PROGRAM (UAP)
User Access Fee
Pursuant to Miami -Dade County Budget Ordinance No. 03-192, this contract is subject to
a user access fee under the County User Access Program (UAP) in the amount of two
percent (2%). All sales resulting from this contract, or any contract resulting from this
solicitation and the utilization of the County contract price and the terms and conditions
identified herein, are subject to the two percent (2%) UAP. This fee applies to all contract
usage whether by County Departments or by any other governmental, quasi -
governmental or not -for -profit entity.
The vendor providing goods or services under this contract shall invoice the contract:
price and shall accept as payment thereof the contract price less the 2% UAP as full and
complete payment for the goods and/or services specified on the invoice. The County
shall retain the 2% UAP for use by the County to help defray the cost of the procurement
program. Vendor participation in this invoice reduction portion of the UAP is mandatory.
Joint Purchase
Only those entities that have been approved by the County for participation in the
County's Joint Purchase and Entity Revenue Sharing Agreement are eligible to utilize or
receive Miami -Dade County contract pricing and terms and conditions. The County will
provide to approved entities a UAP Participant Validation Number. The vendor must
obtain the participation number from the entity prior to filling any order placed pursuant
to this section. Vendor participation in this joint purchase portion of the UAP, however,
is voluntary. The vendor shall notify the ordering entity, in writing, within 3 work days of
receipt of an order, of a decision to decline the order.
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
For all ordering entities located outside the geographical boundaries of Miami -Dade
County, the successful vendor shall be entitled to ship goods on an "FOB Destination,
Prepaid and Charged Back" basis. This allowance shall only be made when expressly
authorized by a representative of the ordering entity prior to shipping the goods.
Miami -Dade County shall have no liability to the vendor for the cost of any purchase
made by an ordering entity under the UAP and shall not be deemed to be a party thereto.
All orders shall be placed directly by the ordering entity with the vendor and shall be paid
by the ordering entity less the 2% UAP.
Vendor Compliance
If a vendor fails to comply with this section, that vendor may be considered in default by
Miami -Dade County in accordance with Section I, Paragraph 1.23 of this contract
solicitation and the resulting contract.
2.22 CATALOGS AND PRICE LISTS SHOULD BE SUBMITTED WITH OFFER
The vendor shall submit three (3) copies of the current manufacturer's price list(s) and
catalog(s) with the initial offer. Failure to meet this requirement may result in your offer
being rejected. These documents shall be in effect at the commencement of the contract
and shall remain in effect for the life of the contract; unless price escalations are
specifically allowable in accordance with Section 2.7 of this contract. Discounts offered
will be evaluated against these price lists and catalogs in order to determine the vendor to
whom award will be made pursuant to Section 2.6 herein entitled "Method of Award".
Upon request, the vendor shall provide additional sets of the manufacturer's product
catalogs and price lists at no additional cost to the County.
2.23 ACCEPTANCE OF PRODUCT BY THE COUNTY
The product(s) to be provided hereunder shall be delivered to the County, and maintained
if applicable to the contract, in full compliance with the specifications and requirements
set forth in this contract. If a vendor -provided product is determined to not meet the
specifications and requirements of this contract, either prior to acceptance or upon initial
inspection, the item will be returned, at vendor expense, to the vendor. At the County's
own option, the vendor shall either provide a direct replacement for the item, or provide a
full credit for the returned item. The vendor shall not assess any additional charge(s) for
any conforming action taken by the County under this clause.
2.24 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF'
FEDERAL FUNDING
Since the goods, services, and/or equipment that will be ac'uired under this
will be purchased, in part or in whole, with federal ar63tVtl , it is hereby agreed and
understood that Section 60-250.4, Section 60-250.5 and Section 60-741.4 of Title 4 of the
United States Code, which addresses Affirmative Action re• uirements for handicapped
workers, is incorporated into
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`Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
2.25 COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under this contract shall be in accordance with all
governmental standards, to include, but not be limited to, those issued by the
Occupational Safety and Health Administration (OSHA), the National Institute of
Occupational Safety Hazards (NIOSH), and the National Fire Protection Association
(NFPA).
2.26 DAMAGED GOODS WHEN SHIPPING IS PROVIDED BY VENDOR:
The vendor shall be responsible for filing, processing, and collecting all damage claims
against the shipper.
2.27 ENVIRONMENTALLY ACCEPTABLE PACKAGING
Effective June 16, 1992, all contracts in excess of ten thousand ($10,000) dollars will be
affected by Resolution Number R738-92 amending Miami -Dade County Administrative
Order 3-2 (relating to the procurement of goods and services).
As a waste management alternative, and as an additional means of reducing the volume
and toxicity of waste and by-products entering Florida's solid waste stream, Miami -Dade
County has instituted the following policy with regard to source reduction.
In order to discourage excessive packaging of a product solely for marketing purposes
and to encourage packaging for purposes of ensuring durability, re -usability and
recyclability. No goods shall be purchased if the goods constitute less than 90 percent
(by volume) of the item being purchased or if the goods contain more than 10 percent
package and packing material (by volume). No packaging shall be purchased which is
not environmentally acceptable packaging.
For purposes of meeting the requirements of this resolution, "Environmentally
Acceptable" shall be defined as; any item that is returnable for reuse or recycling, or
which is recyclable.
In order to insure compliance with this resolution, vendors shall indicate in the space
provided on the Bid/Proposal Submission Form or elsewhere as required by this
solicitation, the method to be used for returning packaging materials to the distributor in
conjunction with this solicitation and/or by completing the General Services Certification
of Recycled Product Content Form indicating the ability of the materials to be recycled
through existing recycling collection programs.
Appeals for waiver of these requirements may be made in writing to the County Manager
through the Director of Procurement Management. No waiver shall be effective unless
approved by a majority vote of the Board of County Commissioners. Offers failing to
provide this information may result in being declared non -responsive; however the
vendor shall be given the opportunity to provide the information during the offer
evaluation period. At such time, the vendor shall be given fifteen (15) calendar days to
submit this information.
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
Vendors wishing to obtain a copy of the complete resolution should contact The Clerk of
the Board at 305-375-5126.
2.28 IDENTIFICATION OF EACH ITEM
Each bid item must be clearly identified on the Bid Proposal pages(s) as to Make, Model
#, Style #, Packaging, Case Weight, etc. as requested, in order to be eligible for award.
Uses of terms such as, "As Spec" are unacceptable. Failure to provide this information
with the Bid Proposal will render the bid non -responsive.
2.29 SHOES AND BOOTS SHALL BE NEW AND WARRANTED AGAINST
DEFECTS
The Bidder hereby acknowledges and agrees that all shoes and boots, except where
recycled content is specifically requested, supplied by the Bidder in conjunction with this
Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In
the event any of the shoes and boots supplied to the County by the Bidder are found to be
defective or do not conform to specifications, the County reserves the right to (1) cancel
the order and return such shoes and boots to the Bidder at the Bidder's expense or (2)
require the Bidder to replace the shoes and boots at the Bidder's expense.
2.30 PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING
DELIVERY:
The successful bidder shall enclose a complete packing slip or delivery ticket with any
items to be delivered in conjunction with this bid solicitation. The packing slip shall be
attached to the shipping carton(s) which contain the items and shall be made available to
the County's authorized representative during delivery. The packing slip or delivery
ticket shall include, at a minimum, the following information: purchase order number;;
date of order; a complete listing of items being delivered; and back -order quantities and
estimated delivery of back -orders if applicable.
2.31 PRICE LIST(S) SHOULD BE FURNISHED WITH BID:
The Bidder should furnish three (3) copies of their price list(s) (printed or on diskette)
with its Bid Proposal which provides descriptive literature, technical data and service
information for items bid. Failure to meet this requirement may result in your bid being
declared non -responsive.
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' Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
2.32 PURCHASE OF OTHER ITEMS NOT LISTED ON THIS BID SOLICITATION
BASED ON PRICE LISTS:.
While the County has listed all major items on the bid solicitation which are utilized by
County departments in conjunction with its operations, there may be other items that
must be purchased by the County during the term of this contract. For this reason,
bidders are requested to quote the percentage discount that will be offered to the County
for items which do not appear on this bid solicitation. This discount shall be offered for
all items listed in nationally established annual retail supply catalogs. The most recently
published catalog shall serve as the basis for establishing the retail price to be discounted,
2.33 REBATES AND SPECIAL PROMOTIONS
All rebates and special promotions offered by a manufacturer during the term of the
contract shall be passed on by the successful vendor(s) to the County. It shall be the
responsibility of the vendor to notify the County of such rebates and/or special
promotions during the contract period.
Special promotions shall be offered by the vendor(s) to the County provided that the new
price charged for the item(s) is lower than would otherwise be available through the
contract. It is understood that these may be of limited duration as indicated by the
vendor(s). At the end of such promotion, the standard contract price shall prevail.
2.34 SAMPLES MAY BE REQUIRED DURING EVALUATION
After the County opens the Bid Proposals, the bidders may be required to submit a
sample for the goods to be supplied for evaluation by, and at no cost to the County. If
samples are required, the County will notify the bidder of such in writing and will specify
the deadline for submission of the samples. Each individual sample shall be clearly
labeled with the bidder's name, bid number, bid title, manufacturer's name and brand
name, and style number if applicable. If the bidder fails to submit the samples, properly
labeled, within the specified date stipulated in the notice, the County shall not consider
the bidder's proposal for that item(s); provided however, that in the event of a group or
aggregate award, the bidder's proposal will not be eligible for that group or in the
aggregate as applicable. All samples shall become the property of Miami -Dade County.
The County reserves the right to perform its own testing procedures or to send any and all
samples to the State of Florida's Department of General Services, Division of Purchasing,
Bureau of Standards Laboratory or any other certifiable laboratory for analysis.
Any costs for testing shall be borne by bidder. On the basis of this testing and analysis,
the County shall be sole judge of the acceptability of the sample in conformance with the
bid specifications and its decision shall be final. Any sample submitted shall create an
express warranty that the whole of the goods and/or services to be provided by the bidder
during the contract period shall conform to the sample submitted. The bidder shall be
required to provide adequate restitution to the County, in the manner prescribed by the
County, if this warranty is violated during the term of the contract.
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
2.35 BIDDER LOCATION REQUIREMENTS IN MIAMI-DADE COUNTY
Due to the nature of this contract, the vendor must be located (have a business address)
within Miami -Dade County, Florida or be able to provide a Mobile Unit (See Section 2.0,
Paragraph 2.11, and Paragraph 2.43) equipped with personnel capable of fitting and
sizing the employees for various styles of shoes and boots and provide for pick-up as
required. The Vendors shall have a sample of the shoes and boots, which meet the
County's specifications and are in the catalog(s), on display in their Location within
Miami -Dade County, and/or on display in their Mobile Unit.
Those vendors submitting bids based on the utilization of a Mobile Unit as their place of
business must be able to provide services on a regularly scheduled basis mutually agreed
upon by the using departments and the vendor. A vendor's inability to comply with this
provision may be considered as default of the contract and may be grounds for
termination.
2.36 ADDITIONAL BRANDS MAY BE ADDED
Although this solicitation and resultant contract identifies specific brands to be
purchased, it is hereby understood and agreed that additional brands may be added to this
contract at the option of the County. Vendor(s) under this contract shall be invited to
submit a percentage (%) discount off the lowest price stated on the latest manufacturer's
price list(s) and/or catalog(s) for these additional brands. If these discounts are
comparable with discounts offered for other brands, and are otherwise considered to be
fair and reasonable, then award shall be made to the vendor(s) offering the best pricing
and acceptable product to the County or otherwise serving the best interests of the
County. Award of these additional brand(s) shall be confirmed through the issuance o.f
an addendum to the award sheet These items shall become an integral part of the
contract.
The incumbent vendor(s) has/have no exclusive right to provide these additional brand(s).
The County may determine to obtain similarly structured pricing inputs from other
vendors in response to situations where incumbent vendors do not provide for fair and
reasonable pricing or for other reasons at the County's sole discretion.
2.37 STOCK LEVELS SHALL BE MAINTAINED BY BIDDER
The successful bidder(s) shall ensure that adequate stock levels are maintained at its place
of business in order to assure the County of prompt delivery. If the delivery terms
specified in the Solicitation are not fulfilled by the Bidder, the County reserves the right
to cancel the order, purchase the goods elsewhere, and charge the Bidder for any
reprocurement costs incurred by the County.
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
2.38 SUBSTITUTION OF ITEMS DURING TERM OF CONTRACT
Substitute brands or models may be considered during the contract period for
discontinued models. Samples of the substitute items must be sent to the user
department(s) prior to the delivery, in order to determine if the replacement item meets
the specifications of the County. The bidder shall not deliver any substitute item as a
replacement to an awarded brand or model without express written consent of
Department of Procurement Management, Bids & Contracts Division prior to such
delivery. Substitute items must be of equal or better quality than the awarded item.
Substitutes shall be considered only in emergency situations and excessive substitution
requests may be cause to cancel the contract.
2.39 SCHEDULING AND PURCHASE AUTHORIZATION
Personnel requiring safety shoes and boots shall contact the properly designated
Departmental Supervisor to setup the place(s) and time(s) for individual fittings. The
Vendor shall be responsible for said fittings at a mutually convenient place and time to be
arranged between the County Department(s), the using personnel and the Vendor.
The authorized employees shall be allowed to purchase items under the following
condition:
A. Upon presentation of the proper "Authorization to Pick Up Material" Form, the
Vendor shall provide to the employee the item(s) in accordance with the
Specifications and Award Sheet for this Bid.
B. The Department will issue a voucher to the employee, with a Dollar Cap, to
purchase the shoes or boots which meet the specifications set forth by the
Department, for the employee. The specifications shall be documented on the
voucher, by the County Department, in order to restrict the purchase of other
types of footwear that do not meet the specifications.
C. Any Shoes or Boots that exceed the Dollar Cap, established by the User
Department, must be pre -approved by the properly designated Department
Supervisor, along with the properly completed voucher, based on the
departmental guidelines.
Additionally, any amount that exceeds the Departments established Dollar Cap,
shall be documented by the Vendor along with a copy of the receipt, and notified
to the proper Department personnel.
D. The Price List/ Catalogs are not and open invitation to purchase any style of shoes
or boots listed therein. It is the Vendors responsibility, to sell only the type of
safety shoes or boots specified by the user departments.
There shall be no exchange of money between the Vendors and the County
employees, if the footwear exceeds the Dollar Cap, established by the
Department.
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
2.40 CONTRACT SUBSTITUTION
The issuance of credit for the purchase of items on this Contract, to be used for the
purchase of other non -contract items, is prohibited (i.e. shoe upgrade to a non -contract
shoe or boot.)
Should the successful vendor(s) misuse the Contract, to allow employees to purchase
items other than those specified by the user department(s), they may be subject to
appropriate legal action by the County plus cancellation of the Contract and filing by for
any damages which may be suffered. The same applies to any billing made for which the
item was not delivered to the employee.
2.41 IDENTIFICATION
All shoes and boots delivered by the successful bidder shall be clearly identified within
the shoe with the manufacturer's name or manufacturer's brand name and model number.
Such name and model number to correspond with identification in shoe sample and as
shown in the Bid Proposal. In addition each pair shoes or boots must be identified with
the applicable ANSI Standard number.
2.42 WARRANTY
Vendors shall guarantee replacement of improperly manufactured items or due to
defective materials or product during the contract period, with replacements being made
within two (2) weeks of notification.
Replacements shall be in the local store or on the next scheduled visit by the shoe mobile,
which shall not to exceed the two (2) week lead-time.
No shoes or boots shall be returned to the factory. Factory information sheets
(specifications, catalog data, etc.) of safety shoes or boots being bid shall accompany the
bid proposal as shall any guarantee or warranties. Guarantee information should include
but not be limited to: upper and sole separation guarantee period and water penetration
guarantee period, in addition to wearability guarantee.
All leather Oxfords and Boots are to be certified by the American Footwear Industries
Association (AFIA) in compliance with stipulations of ANSI Z41-1999 Standards,
Current Edition as prescribed by OSHA (Regulation 29, CFF part 1910- 1 3 6) and rated in
class 75.
2.43 NON-EXCLUSIVE CONTRACT:
Although the purpose of this solicitation is to secure a contract that can satisfy the total
needs of the County or of a specific County agency, it is hereby agreed and understood
that this solicitation and resultant contract does not provide an exclusive right to
awardees hereunder to receive all orders that may be generated by the County in
conjunction with this solicitation and resultant contract.
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Miami -Dade County Bid No.: 1802-4/09-OTR
Section 2.0 — Special Conditions
In addition, any and all commodities, equipment, and services required by the County in
conjunction with construction projects are solicited under a distinctly different
solicitation process and shall not be purchased under the terms, conditions and awards
rendered under this solicitation, unless such purchases are determined to be in the best
interest of the County.
2.43 SHOEMOBILE UNIT SCHEDULE
Schedule must be submitted to using departments by the 25th day of the month preceding
the scheduled month (e.g, Schedule for April must be received by the user department on
March 25th)
Shoemobile's (Mobile Unit) schedule shall allow for a visit to each user department
every two (2) weeks.
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