HomeMy WebLinkAboutInvitation to BidSUBMIT BID TO:
Broward County Purchasing Division
115 S. Andrews Avenue, Room 212
e • RD war Fort Lauderdale, Florida 33301-1801
(954) 357-6065/66
BOARD OF COUNTY COMMISSIONERS
BROWARD COUNTY, FLORIDA
INVITATION FOR BID
Bidder Acknowledgment
— GENERA
THESE INSTRUCTIONS ARE STANDARD FOR ALL C
BOARD OF COUNTY COMMISSIONERS. THE BOARD
OR MODIFY ANY OF THESE STANDARD INSTRUCTIO
IN THE SPECIAL INSTRUCTIONS TO BID
PURCHASE ORDER ISSUED BY THE COUNTY, BIDDE
INVITATION FOR BID SHALL PREVAIL OVER ANY
CONTRACT OF THE BIDDER REGARDLESS OF ANY
CONDITIONS —
ONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE
OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE
ONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH
DERS OR IN THE BID SHEETS. BY ACCEPTANCE OF A
R AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS
CONFLICTING PROVISION WITHIN ANY STANDARD FORM
LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY.
L
BIDDER ACKNOWLEDGEMENT MUST BE SIGNED AND RETURNED WITH YOUR BID
SEALED BIDS: This form must be executed and submit-
ted with all bld sheets in a sealed envelope. (DO NOT
INCLUDE MORE THAN ONE BID PER ENVELOPE). The
face of the envelope shall contain the above address, the date
and the time of bid opening, and bid number. Bids not
submitted on attached bid form may be rejected. All bids are
subjected to the conditions specified herein. Those which do
not comply with these conditions are subject to rejection.
1. EXECUTION OF BID: Bid must contain an original signa-
ture of an Individual authorized to bind the bidder, Bid must
be typed or printed in ink. All corrections made by bidder to
his bid must also be initialled. The bidder's name should
also appear on each page of the bid sheet if required. Bids
will not be accepted from firms in arrears to the Board of
County Commissioners upon debt or contract nor from a
defaulter upon obligations to the Board of County Commis-
sioners, Bidder certifies by signing the bid that no princi-
pals or corporate officers of his firm were principals or
corporate officers in any other firm which may have been
suspended or debarred from doing business with Broward
County within the last three years, unless so noted in the
bid documents.
2. NO BID: If not submitting a bid, respond by returning this
Bidder Acknowledgement form, marking It "NO BID", no
later than the stated bid opening date and hour, and explain
the reason in the space provided. Failure to respond
without Justification may be cause for removal of the
bidder's name from the bid mailing list. NOTE; To qualify
as a respondent, bidder must submit a "NO BID."
3. BID WITHDRAWAL: No bidder may withdraw his bld
before the expiration of ninety (90) calendar days from the
date of bid opening unless vendor so notes in the bid.
4. BID OPENING: Shall be public, on date, location and time
specified on the bid form. The official time Is the time clock
located in the Purchasing Division reception area and will
be accepted by all parties without reservation. It Is the
bidder's responsibility to assure that his bid Is delivered on
date, location and time specified on the bid form. Bids,
which for any reason are not so delivered, will not be
considered. Bid flies and any bids after they are opened
may be examined during normal working hours by appoint-
ment. Bid tabulations are available for Inspection upon
request.
(Continued on Page 2)
BIDS WILL BE OPENED 2 p.m. MARCH 16, 2004
and may not be withdrawn within 90 calendar days after such date and time.
BID TITLE PETROLEUM - DEISEL FUEL #2 AND BIODIESEL - COOP
BID NO. D10401881
PURCHASING AGENT WILL GLASMYER (954) 357-6078
DELIVERY DATE
SEE SPECIAL INSTRUCTION
CASH DISCOUNT TERMS
BID GUARANTY IS ATTACHED,
WHEN REQUIRED, IN
THE AMOUNT OF $
REASON FOR NO BID
FEDERAL EMPLOYER I.D. or SOCIAL SECURITY NUMBER
DUN & BRADSTREET NUMBER
BIDDER NAME
BIDDER MAILING ADDRESS/CITY/STATE/ZIP
AREA CODE TELEPHONE NO.
CONTACT PERSON
FAX NO.
INTERNET ADDRESS
AUTHORIZED SIGNATURE (original In Ink)
TYPED NAME OF SIGNER TITLE
t certify that this bid is made without prior understanding, agreement, or connection with any corporation, tirm or person 'submitting a bid for the same IIemrdservicea, and to In all respects lair and without collusion or fraud. I agree
to abide by all conditions of this bid and certify that I am authorized to sign this bld for the bidder. Further by signature of this form, pages 1 through f are acknowledged and accepted as wall es any special instruction sheets} If applicable.
Fin #103-28 (Rev. 3f99)
Page 1 of 4
5. ADDENDA TO BID: Broward County reserves the right to
amend this Bid prior to the Bid opening date indicated. Only
written addenda will be binding. If, upon review, material errors
In specifications are found, contact the Purchasing Division
Immediately, prior to Bid opening date, to allow for review and
subsequent clarification on the part of Broward County.
8. PRICES, TERMS & PAYMENTS: Firm prices shall be bid
and Include all handling, set up, shipping and inside delivery
charges to the destination shown herein unless otherwise
indicated.
(a)
(b)
(c)
The Bidder: in submitting this bid certifies that the
prices quoted herein are not higher than the prices at
which the same commodity(ies) or service(s) is sold in
approximately similar quantities under similar terms
and conditions to any purchaser whomsoever.
F.O.B. —.as specified in Special Instructions to bidder.
Tie Bids: The award on tie bids will be decided by the
Director of the Purchasing Division in accordance with
the provisions of the Procurement Code.
(d) TAXES: Broward County is exempt from Federal Excise
and Florida Sales taxes on direct purchase of tangible
property. Exemption numbers appear on purchase order.
The Contractor shall pay all applicable sales, consumer,
land use, or other similar taxes required by law. The
Contractor's responsible for reviewing the pertinent State
Statutes involving the sales tax and complying with all
requirements.
(e) DISCOUNTS: Bidders may offer a cash discount for
prompt payment. However, such discounts will not be
considered in determining the lowest net cost for bid
evaluation purposes. Bidders should reflect any dis-
counts to be considered in the bid evaluation in the unit
prices bid.
(f) MISTAKES: Bidders are cautioned to examine all
specifications, drawings, delivery instructions, unit
prices, extensions and all other special conditions
pertaining to the bid. Failure of the bidder to examine all
pertinent documents shall not entitle him to any relief
from the conditions Imposed In the contract. In case of
mistakes in extension, the unit price shall govern.
Multiplication or addition errors are deemed clerical
errors and shall be corrected by the County.
(g) ORDERING: The Board of County Commissioners re-
serves the right to purchase commodities/services speci-
fied herein through contracts established byothergovern-
mental agencies or through separate procurement ac-
tions due to unique or special needs. If an urgent delivery
Is required, within a shorter period than the delivery time
specified In the contract and if the seller is unable to
comply therewith, the Board of County Commissioners
reserves the right to obtain such delivery from others
without penalty or prejudice to the County or to the seller.
7. TERMINATION:
(a) FUND -OUT: The Broward County Board of County
Commissioners shall be the final authority as to avail-
ability of funds and how such available funds are to be
allotted and expended. In the eventfunds for this project/
purchase are not made available or otherwise allocated
Broward County may terminate this contract upon thirty
(30) days prior written notice to the contractor.
(b) NON PERFORMANCE: If, in the opinion of the Board
of County Commissioners, the Contractor fails to per-
(0)
form after reasonable notice, or the Contractor willfully
or negligently does not comply with specifications,
requirements, terms and conditions of the Contract, the
County reserves the right to cancel the Contract by
means of written notification.
CANCELLATION FOR CONVENIENCE: The County
reserves the right, at Its option, to cancel this contract
for any or no cause, for County convenience, by giving
thirty (30) days prior written notice to the vendor/
contractor, at the end of which time this contract will
automatically expire without the necessity of any fur-
ther action. In the event this contract is terminated for
convenience as provided in this section, the vendor!
contractor will be paid for all materials, goods and
services (as applicable in such contract) incurred prior
to the effective date of termination. Additionally, the
vendor/contractor may, at the reasonable, professional
discretion of the County Purchasing Director, be al-
lowed direct termination expenses and fixed settle-
ment costs which have become firm prior to the date of
the notice of termination. No payment will be made for
lost or future profits. Upon receipt of the notice of
termination Issued under this section, the vendor/con-
tractor shall discontinue all work, cease any deliveries,
shipment, or carriage of goods and make available to
the County Purchasing Director any and all reports,
data, specifications, estimates, summaries, and infor-
mation as are required by the contract.
8. CONDITIONS AND PACKAGING: Unless otherwise stated
in the special instructions to bidders or the bid sheets, or
specifically ordered from an accepted price list, deliveries
must consist only of new and unused goods and shall be the
current standards production model available at the time of
the bid. The goods must be suitably packaged for shipment
by common carrier. Each container or multiple units or items
otherwise packaged shall bear a label, Imprint, stencil or
other legible markings stating name of manufacturer or
supplier, purchase order number and any other markings
required by specifications, or other acceptable means of
identifying vendor and purchase order number.
9. SAFETY STANDARDS: Unless otherwise stipulated In the
bid, all manufactured items and fabricated assemblies shall
comply with applicable requirements of Occupational Safety
and Health Act and any standards thereunder. In compliance
with Chapter 442, Florida Statutes, any toxic substance listed
In Section 38F-41.03 of the Florida Administrative Code deliv-
ered from a contract resulting from this bid must be accompa-
nied by a Material Safety Data Sheet (MSDS). A Material
Safety Data Sheet (MSDS) should also be submitted to the
Broward County Risk Management Division, 115 South An-
drews Avenue, Room 210, Fort Lauderdale, Florida 33301-
1803. The MSDS must include the following information.
(a) The chemical name and the common name of the toxic
substance.
(b) The hazards or other risks in the use of the toxic
substance, Including:
1. The potential for fire, explosion, corrosivity, and
reactivity;
2. The known acute and chronic health effects of risks
from exposure, including the medical conditions
which are generally recognized as being aggra-
vated by exposure to the toxic substance; and
3. The primary routes of entry and symptoms of over-
exposure.
Page 2 of 4 Pages
(c)
The proper precautions, handling practices, necessary
personal protective equipment, and other safety pre-
cautions In the use of or exposure to the toxic sub-
stances, including appropriate emergency treatment in
case of overexposure.
(d) The emergency procedure for spills, fire, disposal, and
first aid.
(e) A description In lay terms of the known specific poten-
tial health risks posed by the toxic substance Intended
to alert any person reading this information.
(f) The year and month, if available, that the information
was compiled and the name, address, and emergency
telephone number of the manufacturer responsible for
preparing the Information.
10. MANUFACTURERS NAME AND APPROVED EQUIVA-
LENTS: Manufacturer's names, trade names, brand names,
information and/or catalog numbers listed in a specification
are for Information and establishment of quality level de-
sired and are not Intended to limit competition unless other-
wise specified in the bid. The bidder may offer any brand
which meets or exceeds the specifications for any item(s).
If bids are based on equivalent products, indicate on the bid
form the manufacturer's name and catalog number. Bidder
shall submit with his bid complete descriptive literature and!
or specifications. The bidder should also explain in detail the
reason(s) why and submit proof that the proposed equiva-
lent will meet the specifications and not be considered an
exception thereto. Broward County Board of County Com-
missioners reserves the right to be the sole Judge of what is
equal and acceptable. Bids which do not comply with these
requirements are subject to rejection. If Bidder falls to name
a substitute it will be assumed that he is bidding on, and he
will be required to furnish goods identical to bid standard.
11. INTERPRETATIONS: Any questions concerning condi-
tions and specifications of this bid shall be directed in writing
to the Purchasing Division a minimum of 24 hours prior to
bid opening. No interpretation(s) shall be considered bind-
ing unless provided to all Bidders in writing by the Director
of the Purchasing Division.
12. AWARDS: If a specific basis of award is not established
in the special instructions to bidders, the award shall be
to the responsible bidder with the lowest responsive
bid meeting the written specifications. As the best inter-
est of the Board of County Commissioners may require, the
right is reserved to make award(s) by individual commodi-
ties/services, group of commodities/services, all or none or
any combination thereof. When a group is specified, all
Items within the group must be bid. A bidder desiring to bid
"No Charge" on an Item In a group must so indicate,
otherwise the bid for the group will be construed as incom-
plete and maybe rejected. However, if bidders do not bid all
items within a group, the County reserves the right to award
on an item by Item basis. When a group bid is indicated for
variable quantities and the bid for the group shows evidence
of unbalanced bid prices, such bid may be rejected. The
Purchasing Director, or the Board of County Commission-
ers, whichever is applicable reserves the right to waive
technicalities and irregularities and to reject any or all bids.
13. NON-CONFORMANCE TO CONTRACT CONDITIONS:
The County may withhold acceptance of, or reject any items
which are found, upon examination, not to meet the speci-
fication requirements. Upon written notification of rejection,
items shall be removed within five (5) calendar days by the
Vendor at his expense and redelivered at his expense.
Rejected goods left longer than thirty (30) days will be
regarded as abandoned and the Board shall have the right
to dispose of them as its own property. On foodstuffs and
drugs, no written notice or rejection need be given. Upon
verbal notice to do so, the Vendor shall Immediately remove
and replace such rejected merchandise at his expense.
Rejection for non-conformance, failure to provide services
conforming to specifications, or failure to meet delivery
schedules may result in contractor being found in default.
14. INSPECTION, ACCEPTANCE AND TITLE: Inspection and
acceptance will be at destination. Title and risk of loss or
damage to all items shall be the responsibility of the contrac-
tor until accepted by the County.
15. GOVERNMENTAL RESTRICTIONS: In the event any gov-
ernmental restrictions may be Imposed which would necessi-
tate alteration of the material quality, workmanship or perfor-
mance of the items offered on this bid prior to their delivery, it
shall be the responsibility of the successful bidder to notify the
County at once, Indicating in his letter the specific regulation
which required an alteration. The Board of County Commis-
sioners reserves the right to accept any such alteration,
including any price adjustments occasioned thereby, or to
cancel the contract at no further expense to the County.
16. LEGAL REQUIREMENTS: Applicable provisions of all Fed-
eral, State, County and local laws, and of all ordinance, rules
and regulations including the Procurement Code of Broward
County shall govern development, submittal and evaluation
of bids received in response hereto and shall govern any
and all claims and disputes which may arise between
person(s) submitting a bid In response hereto and Broward
County by and through Its officers, employees and autho-
rized representative, or any other person natural or other-
wise. Lack of knowledge by any bidder shall not constitute
a recognizable defense against the legal effect thereof.
17. PATENTS AND ROYALTIES: The bidder, without excep-
tion, shall indemnify and save harmless the County and its
employees from liability of any nature or kind, Including cost
and expenses for or on account of any copyrighted, pat-
ented or unpatented invention, process, or article manufac-
tured or used in the performance of the contract, Including
its use by the County. If the bidder uses any design, device,
or materials covered by letters, patent or copyright, it is
mutually agreed and understood without exception that the
bid prices shall include all royalties or cost arising from the
use of such design, device, or materials in any way involved
in the work.
18. ASSIGNMENT, SUBCONTRACT: Contractor shall not
transfer, convey, pledge, subcontract or assign the perfor-
mance required by this bid without the prior written consent
of the Purchasing Director. Any Award issued pursuant to
this bid invitation and the monies which may become due
hereunder are not assignable, transferrable, or otherwise
disposable except with the prior written consent of the
Purchasing Director.
19. QUALIFICATIONS OF BIDDER: Bids will be considered only
from firms normally engaged in providing the types of com-
modltieslservices specified herein. The Purchasing Directoror
the Board of County Commissioners, reserves the right to
Inspect the facilities, equipment, personnel and organization or
to take any other action necessary to determine ability to
Page 3 of 4 Pages
perform In accordance with specifications, terms and condi-
tions. The Purchasing Director or the Board of County Commis-
sioners will determine whether the evidence of ability to per-
form is satisfactory and reserves the right to reject bids where
evidence or evaluation is determined to Indicate inability to
perform. The Purchasing Director or the Board of County
Commissionersreservesthe rightto consider a bidder's history
of citations and/or violations of Environmental regulations in
determining responsibility. Bidder should submit with his pro-
posal a complete history of all citations andlorviolations notices
and dispositions thereof. Failure of a Bidder to submit such
information may be grounds for termination of any contract
awarded to successful Bidder. Bidder shall notify County
immediately of notice of any citations or violations which he
may receive after the Bid or Proposal opening date and during
the time of performance under any Contract awarded to him.
20. EQUAL EMPLOYMENT OPPORTUNITY: No Contractor shall
discriminate against any employee or applicant for employ-
ment because of race, religion, color, sex or National origin, or
physical or mental handicap if qualified. Contractor shall take
affirmative action to ensure that applicants are employed, and
that employees are treated during their employment without
regard to their race, religion, color, sex or National origin, or
physical or mental handicap. Such actions shall include, but not
be limited to the following: employment, upgrading, demotion,
or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places available to employees
and applicants for employment, notices setting forth the provi-
sions of this non-discrimination clause. The Contractor further
agrees that he/she will ensure that Subcontractors, If any, will
be made aware of and will comply with this nondiscrimination
clause.
21. NOTICE TO SELLER TO DELIVER: No delivery shall
become due or be acceptable without a written order or
shipping instruction by the County, unless otherwise pro-
vided In the Contract. Such order will contain the quantity,
time of delivery and other pertinent data. However, on Items
urgently required, the Seller may be given telephone notice,
to be confirmed by an order In writing.
22, MODIFICATIONS: All changes to purchase orders shall be
by issuance of a change order. Any modifications or changes
to any contract entered into as a result of this bid must be by
written amendment with the same formality and of equal
dignity prior to the initiation of any such change.
23. RESOLVE PROTESTED SOLICITATIONS AND PRO-
POSED AWARDS: In accordance with the Broward County
Procurement Code Sec. 21.118, relative to Pre -Litigation
Protested Solicitations and Proposed Awards":
a. Right to Protest. Any actual or prospective bidder or
offeror who is aggrieved in connection with the solicita-
tion or proposed award of a contract which is $100,000
or greater may protest to the Director of Purchasing. The
protest shall be submitted in writing within seven calen-
dar days after such aggrieved person knows or should
have known the facts giving rise thereto.
b. Any actual or prospective bidderor offer who is aggrieved
in connection with the solicitation or proposed award of a
contract which Is less than $100,000 may protest to the
Director of Purchasing. The protest shall be submitted in
writing within three working days from the time the
recommendation for award is made by a Purchasing
Agent to the Director of Purchasing.
24. PUBLIC ENTITY CRIMES ACT: In accordance with the
Public Entity Crimes Act, Section 287.133, Florida Statutes,
a person or affiliate who is a contractor, consultant or other
provider who has been placed on the convicted vendor list
following a conviction of a Public Entity Crime may not
submit a bid on a contract to provide any goods or services
to the County, may not submit a bid on a contract with the
County for the construction or repair of a public building or
public work, may not submit bids on leases of real property
to the County, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a
contract with the County, and may not transact any business
with the County In excess of the threshold amount (currently
$15,000) provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the
date of being placed on the convicted vendor Ilst. Violation
of this section shall result in cancellation of the County
purchase and may result in debarment.
25. RECYCLED CONTENT INFORMATION: In support of the
Florida waste Management Law, bidders are encouraged to
supply with their bid, any information available regarding
recycled material content in the products bid. The County is
particularly interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percent-
age of recycled material contained in the product. The
County also requests Information regarding any known or
potential material content in the product that may be ex-
tracted and recycled after the product has served its in-
tended purpose.
26. PURCHASE BY OTHER GOVERNMENTAL AGENCIES:
Each Governmental unit which avails itself of this contract
will establish Its own contract, place its own orders, issue Its
own purchase orders, be Invoiced therefrom and make its
own payments and issue its own exemption certificates as
required by the bidder.
It is understood and agreed that Broward County Is not a
legally binding party to any contractual agreement made
between any governmental unit and the bidder as a result of
this bid.
The entire chapter of the Broward County Procurement Code
describing the aforementioned subject matter can be obtained
from the Purchasing Division's Secretary by calling (954) 357-
6071. You may also view and/or download the Procurement Code
Notices for Bids, Requests for Quotation, Request for Letters of
Interest, structure of the Purchasing Division, telephone direc-
tory, How to do Business with Broward County and Vendor
Registration on the Internet at:
http:/Iwww.co.broward.fi.us/purchasing,htm
Page 4 of 4 Pages