HomeMy WebLinkAboutSpecial ConditionsINVITATION TO BID NO. 02C-6E
SPECIAL CONDITIONS
A. SCOPE: The purpose and intent of this invitation to bid is to secure firm discounts and prices and
establish a term contract for the purchase of Portable and Mobile Radios and Accessories, as
specified herein.
B. DELIVERY: All radios shall be shipped to the School Police Department, Radio Communications,
1481 Australian Avenue, Riviera Beach, FL 33404
C. AWARD: For Items 1 — 8, the contract will be awarded to the lowest and best bid from a responsive,
responsible bidder, subject to the terms and conditions contained herein. Items in groups, as marked,
will be awarded by group. (A group is defined.as an item with several parts labeled A, B, C with a total
for the group.) Therefore, it is necessary for a bidder to bid on every item in the particular group for
which the bidder submits a bid in order to have a bid considered. It is also required that the bidder
carefully consider each item, and make sure that each one meets the specifications as indicated. In
the event that one item does not meet such specifications the entire group bid will be disqualified,
For Item 9, the contract will be awarded to the responsive, responsible bidder offering the highest
fixed percentage discount off the balance of line for each manufacturer's price list/catalog submitted
that results in the lowest price for the District.
The Board reserves the right to use the next best bidder(s) in the event the original awardee of the bid
cannot fulfill their contract. The next bidder's prices and discounts must remain the same as originally
bid and must remain firm for the duration of the contract.
It is anticipated that award will be made at the October 17, 2001 Board meeting.
D. M/WBE GOAL: The Goal Setting Committee has not established a bid preference for participation/ -
utilization of Minority/Women's Business Enterprises. •
The Board strongly encourages the use of MinorityNVoman owned business enterprises for participa-
tion 'as partners, joint -venturers, prime' contractor, sub -contractors, and in contracting opportunities.
Inquiries regarding listings of District and State Certified Minority, Women and Disadvantaged Con-
tractors can be made to the Palm Beach County School District's Department of Equity Assurance,
3322 Forest Hill Boulevard, Suite C-323, West Palm Beach, FL 33406, or phone (561) 434.8508.
E. TERM OF CONTRACT: The term of this contract shall be for two years from the date of award, and
may, by mutual agreement between the School Board and the awardee, be renewable, for two
additional one-year periods.. The Board, through the. Purchasing Department, will, if considering to
renew, request a letter of intent to renew from the awardee 60 days prior to the end of the current
contract period. If needed, the contract will be extended 90 days beyond the contract expiration date,
The awardee will be notified when the recommendation has been acted upon by the Board. All prices
shall be firm for the term of this contract. The awardee agrees to this condition by signing their bid.
F. BIDDERS RESPONSIBILITY: Before submitting their bid, each bidder is required to carefully
examine the invitation to bid specifications and to completely familiarize themselves with all of the
terms and conditions that are contained within this bid. Ignorance on the part of the bidder will in no
way relieve them of any of the obligations and responsibilities which are a part of this bid.
G. SEALED BID REQUIREMENTS: The "INVITATION TO BID" bidder's acknowledgement sheet must
be completed, signed, and returned. In addition, the Bid Summary Sheet page(s) on which the bidder
actually submits a bid, needs to be executed and submitted with this bid. Bids received that fail to
comply with these requirements shall not be considered for award.
3
INVITATION TO BID NO. 02C-6E
H. CONTRACT: The submission of your bid constitutes an offer by the bidder. Upon acceptance by the
District, the Purchasing Department will issue a notice of award and purchase order(s) for any
supplies, equipment and/or services as a result of this bid. The bid and the corresponding purchase
order(s) will constitute the complete agreement between the successful bidder and the District.
Unless otherwise stipulated in the bid documents, no other contract documents shalt be issued or
accepted.
I. QUANTITIES: The quantities shown are estimates of the quantity of items expected to be purchased
during the term of award. Actual quantities purchased may often exceed or be less than quantities
shown. Orders will be placed as needed by individual locations during the contract period.
J. SPECIAL ACCOMMODATION: Any person requiring a special accommodation at the bid opening
because of a disability should .call the person named in the Special Condition QQ prior to the bid
opening. If you are hearing or speech impaired, please contact the person named by using the Florida
Relay Service which can be reached at 1-800-955-8771 (TDD)
K. QUANTITY DISCOUNTS: Bidder is urged to offer additional discounts for one-time delivery of large,
single orders of any assortment of items on a separate sheet. Such discounts will not be considered
in evaluation of bid.
L. BALANCE OF LINE: The "balance of line" shall include new product and upgraded catalogs.
Additions shall be submitted as they occur. Deletions and discontinued items shall be reported by bid
awarded vendors as they occur.
M. SALES PROMOTION / PRICE REDUCTION: It is understood that sales promotions occur during the
course of this contract that will tower prices of products for the period of the sales promotion. The
District shall receive the full benefit of such reductions if lower than the price/discount established by
this bid. The Purchasing Department must be notified of these promotions in writing, specifying the
beginning and ending dates of the sales promotion.'
Successful bidder(s) may always offer the District an additional education discount at any time and
invoice the District at a lower cost. .
N. PRICE ADJUSTMENT: The discounts, terms and conditions of this bid are to remain firm throughout
the contract period. If, during the contract period, the vendor issued an upgraded catalog,
replacements to the catalog submitted with the bid, such replacements' are to be forwarded to the
Palm Beach County School District Purchasing Department, 3326 Forest Hill Boulevard, West Palm
Beach, FL 33406-5813, Attention: Gaea Peary, Purchasing Agent. The replacements are to be •
received no less than 21 days prior to the effective date of such changes. Vendor must deliver
copies of the replacement catalogs with new manufacturer prices to the School Police Department
Radio Communications, 1481 Australian Avenue Riviera Beach, FI 33404. The above replacement
catalogs shall not be upgraded more than once a year.
O. PRICE REDUCTIONS: If, from date of bid opening, the successful bidder either.bids the same
products at a lower price than offered to the District or reduces the price of the bid product, the lowest
of these reduced prices will be extended to the District.
P. ORDERS: The District is not obligated to place any order with any vendor participating in this bid.
However, all schools and departments will be urged to refer to catalogs and discounts of participating
vendors in their attempts to fill their requirements at the lowest prices. Individual orders will be placed
for all schools and departments in the county as needed and all shipments are to be FOB each
destination specified on the purchase orders.
•
4
INVITATION TO BID NO. 02C-6E
Q. WARRANTY: Items specified herein shall be guaranteed by the successful bidder to be free of
defects of materials and workmanship for a period of no less than one year from the date of delivery.
All models delivered are to be of the latest and newest model(s) available from the manufacturer and
must be so certified.
R. PARTS WARRANTY: The bidder shall provide a certification from the manufacturer that replacement
parts for ail models bid will be available for a minimum period of five years. Failure to comply with this
requirement may result in the disqualification of your bid response.
S. INSTRUCTION MANUALS: Contractor shall be required to furnish an instructional manual for each
unit ordered.
T. REPAIR AND MAINTENANCE MANUALS: Manuals containing trouble -shooting procedure, parts
list, disassembly instructions, schematic diagrams, etc., shall be available for purchase for each unit of
equipment furnished under any contract resulting from this bid.
U. TECHNICAL• LITERATURE: The availability of technical literature is a requirement of this bid to
accommodate an evaluation to assure that products offered meet or exceed the specification. Hence,
two copies of product information, including technical and descriptive literature, shall be made
available to the District within five work days after receipt of request. information submitted shall be
sufficiently detailed to technically evaluate the product.
V. SERVICE: Bids will be considered only from manufacturers, manufacturer's authorized distributors or
'dealers that are normally engaged in the sale and distribution of the materials offered herein. Bidder
must have adequate organization, facilities, equipment and personnel to, ensure prompt and efficient
service to the School District.
W. ADDITIONAL TERMS AND CONDITIONS: No additional terms and conditions included with the bid
shall be evaluated or considered and any and all such additional terms and conditions shall have no
force and effect and are inapplicable to this bid. If submitted either purposely through intent or design
or inadvertently appearing separately intransmittal letters, specifications, literature,price •lists• or
warranties, it is understood and agreed the general and special conditions in this bid solicitation are
the only conditions applicable to this bid and the bidder's authorized signature affixed to the bidder
acknowledgement form attests to this.
X. USE OF OTHER CONTRACTS: The District reserves the right to utilize other District contracts, State
of Florida Contracts, contracts awarded by other city or county governmental agencies, other school
boards, other community college/state university system cooperative bid agreement, or to directly
negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012 (6) in lieu of any offer
received or award made as a result of this bid, if it is in its best interest to do so. The District also
reserves the right to separately bid any single order or to purchase any item on this bid if it is
in its best interest to do so.
Y. JOINT -BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a response
to this invitation to bid agree that such response also constitutes a bid to all State Agencies and
Political Subdivisions of the State of Florida under the same conditions, for the same prices and for
the same effective period as this bid, should the bidder(s) deem it in the best interest of their business
to do so.
This agreement in no way restricts or interferes with any state agency or political subdivision of the
State of Florida to rebid any or all items.
Z. INSPECTION AND READING OF BiD: As per Florida Statute 119.07(3)(o) the reading of this bid is
hereby waived until such time as the agency provides notice of a decision or intended decision
pursuant to S. 120.57(3) or within ten days after bid or proposal opening, whichever is earlier.
5
INVITATION TO BID NO. 02C-6E
AA. CORRECTIONS: All corrections of unit prices must be initialed by the same person signing the bid.
,This includes the use of correction fluid (white out) or any other method of correction. See General
Condition 1, Execution of Bid, for acceptable means of correction.
BB. POSSESSION OF FIREARMS / DRUG FREE WORKPLACE: Possession of firearms will not be
tolerated on School District property; nor will violations of Federal and State laws and any applicable
School Board policy regarding Drug Free Workplace be tolerated. Violations will be subject to the
immediate termination provision heretofore stated in General Condition 19, Legal Requirements.
"Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or
may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of
any such weapon; any destructive device; or any machine.gun.
No person who has a firearm in their vehicle may park their vehicle on School District property.
Furthermore, no person may possess or bring a firearm on School District property. •
If any employee of an independent contractor or sub -contractor is found to have brought a firearm on
School District property, said employee will be terminated from the School Board project by the
independent contractor or sub -contractor. If the sub -contractor fails to terminate said employee, the
sub -contractor's agreement with the independent contractor for the School Board project shall be
terminated. If the independent contractor fails to terminate said employee or fails to terminate the
agreement with the sub -contractor who fails to terminate said employee, the independentcontractor's
agreement with the School Board shall be terminated.
CC. ASSIGNMENT: The successful bidder shall not sub -contract, assign, transfer, convey, sublet, or
otherwise dispose of this contract, or of any or all of its rights, title, or interest therein, or its power to
execute such contract to any person, firm, or corporation without prior written consent of the District.
DD. ORDERING PROCEDURE:
After approval of contract award by the School Board, a letter of contract acceptance will be issued to
each successful bidder acknowledging which items / services have been awarded. Separate
purchase orders will be issued based on specific items at firm, fixed prices listed in the bid. •
No item may be shipped or service performed that is not listed on the purchase order. Unless
otherwise specified, entire shipment must be completed within 60 days.
EE. PAYMENT TERMS: The District's payment terms are net 30 days. Payment will not be processed
until the following occurs:
1. The complete and satisfactory receipt of all items ordered on a purchase order.
2. The receipt of a properly billed invoice in the Accounting Services Department.
3. The issuance of a change order for unit price increase, quantities ordered, and/or items sub-
stituted.
Invoices to the School District MUST include the following to permit verification of prices and expedite
payment to vendors. Therefore, every invoice MUST list the items below where applicable:
1. Purchase order number.
2. Name and address of vendor, a unique invoice number and date of shipment.
3. Description of item ordered, model number and manufacturer.
4. Line item unit price, quantity, and description as reflected on our purchase order.
b. Line item total or extended price, minus bid discount as listed on our purchase order,
6b Name.and address of the location where merchandise was delivered.
INVITATION TO BID NO. 02C-6E
7. All original invoices must be mailed to Accounting Services/Accounts Payable as listed on the
right top corner of the purchase order.
Failure to correctly invoice in accordance with these guidelines may result in delay of pay-
ment. No payment will be made on partial shipments.
FF. WITHDRAWAL: A bidder may not withdraw a bid after the final call for bids at a designated time of
opening. When a bidder wishes to withdraw a bid, a written request shall be submitted to the Director
of Purchasing and their request will be reviewed for consideration. In no case shall a bidder be
granted a release from their bid or proposal more than one (1) time in a two (2) year period without
penalty.
GG. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid an 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, subcon-
tractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list.
The bidder certifies by submission of this bid, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any State or Federal department/agency.
HH. DEFAULT: .In the event that the awarded vendor should breach this contract, the Board reserves the
right to seek all remedies in law and/or in equity.
II. CANCELLATION: In the event any of the provisions of this bid are violated by the awarded vendor,
the Superintendent or designee will give written notice to the vendor stating the deficiencies and
unless the deficiencies are corrected within ten days, 'recommendation will be made to the Board for
immediate cancellation. Upon cancellation hereunder the Board may pursue any and all legal
remedies as provided herein and by law. The Board reserves the right to terminate any contract re-
sulting from this invitation at any time and for any reason, upon giving 30'days prior written notice to
the other party. If said contract should be terminated for convenience as provided herein,. the Board
will be relieved of all obligations under said contract. The Board will only be required to pay to the
vendor that amount of the contract actually performed to the date of termination.
JJ. SUBCONTRACTING: If a vendor intends to subcontract any portion of this bid for any reason, the
name and address of the subcontracting firm mustbe submitted along with their bid for approval. No
subcontracting will take place prior to bid -awarded vendor furnishing this information and receiving
written approval from the Board.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in the
proper performance of an award or failed to deliver on -time contracts of a similar nature, or who is not
in the position to perform this award. The School District Representative reserves the right to inspect
ail facilities of any subcontractor in order to make determination as to the foregoing. The subcontractor
will be equally responsible for meeting all requirements specified in this Invitation to Bid.
KK. MINORITY BUSINESS PARTICIPATION: The School District of Palm Beach County strongly
encourages the use of Minority/Woman owned business enterprises for participation as partners,
joint -venturers, prime contractor, subcontractors, and in contracting opportunities. inquiries regarding
listings of District and State Certified Minority, Women and Disadvantaged Contractors can be made
to the School District of Palm Beach County's Department of Equity Assurance, 3322 Forest Hill
Boulevard, Suite C-323, West Palm Beach, FL 33406, or phone (561) 434-8508.
7
INVITATION TO BID NO. 02C-6E
Contractors who list minority subcontractors as participants in their bids will complete the MJWBE
SUBCONTRACTING UTILIZATION REPORT (Form 1528) which can be obtained from the
Department of Equity Assurance (address listed above). This form will be submitted with all' requests
for payment.
The District only 'recognizes as acceptable for certification as minority/woman business enterprises
those firms, vendors, and consultants that have successfully completed the certification requirements
of the State of Florida Minority Business Advocacy and Assistance Office or the School District of
Palm Beach County's Department of Equity Assurance. In the case of those firms or small business
enterprises that are certified with the State of Florida Minority Business Advocacy and Assistance
Office the firm shall be required to include a copy of their certification letter or certificate. The fetter or
certificate will only be deemed valid if the dates for certification have not expired. Any pending appli-
cation with the School District of Palm Beach County or the State of Florida Minority Business Advo-
cacy and Assistance Office shall not be considered as certification of the vendor making application
for consideration as a M/WBE firm.
The School District of Palm Beach County does not currently by implication or direct means have
reciprocity with any governmental or non -governmental entity, with the exception of the State of
Florida Minority Business Advocacy and Assistance Office for the purpose of sharing and/or accep-
tance of MNVBE vendors, consultants, small business enterprises for certification.
LL. LOBBYING: BIDDERS ARE HEREBY ADVISED THAT THEY ARE NOT TO LOBBY WITH ANY
DISTRICT PERSONNEL OR BOARD MEMBERS RELATED TO OR INVOLVED WITH THIS BID
UNTIL THE ADMINISTRATION'S RECOMMENDATION FOR AWARD HAS BEEN POSTED IN THE
PURCHASING DEPARTMENT. ALL ORAL OR WRITTEN INQUIRIES MUST BE DIRECTED
THROUGH THE PURCHASING DEPARTMENT.
LOBBYING IS DEFINED AS ANY ACTION TAKEN BY AN INDIVIDUAL, FIRM, ASSOCIATION,
JOINT VENTURE, PARTNERSHIP, SYNDICATE, CORPORATION, AND ALL OTHER GROUPS
WHO SEEK TO INFLUENCE THE GOVERNMENTAL DECISION OF A BOARD MEMBER OR
DISTRICT PERSONNEL AFTER ADVERTISEMENT AND PRIOR TO THE BOARD'S VOTE ON
THE AWARD OF THIS CONTRACT.
ANY BIDDER WHO iS ADVERSELY AFFECTED BY THE RECOMMENDED AWARD MAY FILE A
PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES.
FAILURE TO POST BOND WITH THE SCHOOL BOARD OR TO ADHERE STRICTLY TO THE
REQUIREMENTS QF STATUTES AND STATE BOARD RULES PERTAINING TO PROTESTS WILL
RESULT IN SUMMARY DISMISSAL BY THE PURCHASING DEPARTMENT. ADDITIONALLY, 'ANY
BiDDER WHO IS ADVERSELY AFFECTED BY THE RECOMMENDED AWARD MAY ADDRESS
THE SCHOOL BOARD AT A REGULARLY SCHEDULED BOARD MEETING.
ANY BIDDER OR ANY INDIVIDUALS THAT LOBBY ON BEHALF OF BIDDER DURING THE TIME
SPECIFIED WILL RESULT IN REJECTION / DISQUALIFICATION OF SAID BID.
8
INVITATION TO BID NO. 02C-6E
MM. DELIVERY OF BIDS: When hand delivering your bid, bidders must follow the School District's
security access procedures. The procedures are as follows:
A. Park in visitors' parking area.
B. Enter building through the front door.
C. Sign -in at the front desk and receive visitors pass.
D. Proceed to the Purchasing Department located in A -Wing, Third Floor, Room A-323.
E. Present bid to the Purchasing receptionist for official date/time stamping. .
BIDDERS SHOULD ALLOW AT LEAST 30 MINUTES TO FOLLOW THE ABOVE PROCE-
DURES AND SUBMIT THEIR BID TO THE PURCHASING DEPARTMENT, ROOM A-323,
A -WING, THIRD FLOOR, NO LATER THAN THE DATE AND TIME DESIGNATED IN THE
BID.
NN. POSTING OF BID AND SPECIFICATIONS: Invitation to bid with specifications will be posted for
review .by interested parties, at 3326 Forest Hill Boulevard, Suite A-323, West Palm Beach, FL
33406, on the date of bid mailing and will remain posted for a period of 10 days, Failure to file a
specification protest within the time prescribed in Florida Statutes 120.57(3) will constitute a waiver of
proceedings under Chapter 120, Florida Statutes.
00. POSTING OF BID RECOMMENDATION / TABULATIONS: Bid recommendations and 'tabulations
will be. posted in the Purchasing Department for review by interested parties, at 3325 Forest Hill
Boulevard, Suite A-323, West Palm Beach, FL; on September 19, 2001 at 3:00 p.m., and will
remain posted for a period of 72 hours. If the bid tabulation with recommended awards is not posted
by said date and time, A "Notice of Delay of Posting" will be posted to inform all proposers of the
new posting. date and time. •
Any person adversely affected by the decision or intended decision must file a notice .of protest, in
writing, within 72 hours after the posting. The formal written protest shall state with particularity the
facts and law upon which the protest is based. Failure to file protest within the time prescribed in
Section 120.57(3), Florida Statutes, will constitute a waiver of proceedings under Chapter 120,
Florida Statutes.
PP. BID PROTEST: If a .bidder wishes to protest a bid, they must do so in strict accordance with the
procedures outlined in FS 120.57(3), and Section LL, Lobbying, Paragraph 3, of this proposal and
School Board Policy 6.14.
Any person who files an 'action protesting a decision or intended decision pertaining to this bid
pursuant to FS 120.57(3)(b), shall post with the Purchasing Department, at the time of filing the formal
written protest, a bond secured by an acceptable surety company in Florida payable to the School
District of Palm Beach County in an amount equal to 1 percent (1%) of the total estimated contract
value, but not less than $500 nor more than $5,000. Bond shall be conditioned upon the payment of
all costs that may be adjudged against the protester in the administrative hearing in which the action is
brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check,
certified bank check, bank certified company check or money order will be acceptable form of
security. If, after completion of the administrative hearing process and any appellate court
proceedings, the District prevails, it shall recover all costs and charges included in the final order of
judgment, including charges by the Division of Administrative Hearings. Upon payment of such costs
and charges by the protester, the protest security shall be returned. If the protest prevails, he or she
shall recover from the District all costs and charges, which shall be included in the final order of
judgment.
9
;NVITATION TO BID NO. 02C-6E
QQ. INFORMATION: Any questions by the prospective bidders concerning this invitation to bid should be
addressed to Gaea Peary, CPPB, Purchasing Agent, Purchasing Department (561-434-8210), who is
authorized only to direct the attention of prospective bidders to various portions of the bid so they may
read and interpret such for themselves. Neither Ms. Peary nor any employee of the District is autho-
rized to interpret any portion of the bid or give information as to the requirements of the bid in addition
to that contained in the written bid document. Interpretations of the bid or additional information as to
its requirements, where necessary, will be communicated to bidders by written addendum,
10