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HomeMy WebLinkAboutSpecial ConditionsSection 3.0 Special Conditions 3.01 ELIGIBLE CUSTOMERS OF THE CONTRACT: Eligible customers of the contract are all governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; any independent, non-profit college or university that is located within the State of Florida and is accredited by the Southern Association or Colleges and Schools. Specific Authority 287.042 (12) FS. Law Implemented 287.012 (12) F.S. History — New 8-24-04. Reference General Contract Conditions, PUR 1000, for additional information. 3.02 ELIGIBLE PRODUCTS: All products offered under this contract shall be new and unused and in current production - remanufactured or refurbished products are not part of this offering. No series shall be considered for award under this Invitation if already awarded or in conflict with another State contract. Lateral and vertical files may be awarded separate from furniture. The products included in this Invitation are: Office Furniture Dispatch/911 Furniture Mail Processing Furniture Map Files Reception Desks Sofas & Loveseats (Public Areas) Lateral & Vertical Steel Files Conference or training tables Conference or training chairs Storage and presentation accessories Single & Multiple Seating Units Occasional Tables State Purchasing reserves the right to require Bidders to submit samples of the proposed products before making a final determination of acceptability. 3.03 EXCLUSIONS: The following items are specifically excluded and not within the scope of this contract: + Art work ❖ Decorative lamps and accessories Fireproof files 3.04 PRODUCT LIST: The Product List Form is an example of furniture products offered under this Invitation which will be available on the State of Florida Office Furniture & Files Contract. Eligible users of this contract will be able to view the contractors name for each listing checked on the State Purchasing Contract web site. Please refer to Section 5: Forms. 3.05 QUALIFICATIONS: Only Bids submitted by product manufacturers will be considered for evaluation. Bidders must have the capability to provide office and conference/public area furniture and steel files in all respects in accordance with the solicitation documents. Contract orders may be directed to a manufacturer's representative or to servicing dealers, but only those Bids signed and presented by the product manufacturer will be considered for contract award. 3.06 VENDOR REGISTRATION APPLICATION: Contractors must have a revised, current and complete Vendor Registration Application identified on the MyFloridaMarketPlace Vendor Registration System at: https://vendor.myfloridamarketplace.com/. If you have not registered, please be advised that a minimum of 48 hours will be required for access to the Sourcing Tool. Completion of this registration is mandatory for those vendors who wish to submit a Bid. 3.07 ETHICAL BUSINESS PRACTICES: Any manufacturer awarded business as a result of this Invitation shall work in partnership with the State to ensure a successful and valuable contract, and ethical practices are required of State employees, contractors, and all parties representing the contractor. All work performed under this contract will be subject to review by the Inspector General of the State of Florida, and any findings suggesting unethical business practices may be cause for termination or cancellation. Reference General Contract Conditions, PUR 1000, Lobbying and Integrity, paragraph 19 for additional requirements. 3.08 SALES REQUIREMENTS: Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive contract quarters, the contract supplier may be placed in probationary status or termination or cancellation. State Purchasing reserves the right to require Bidders to submit detailed sales upon request. Reference General Contract Conditions, PUR 1000, Transaction Fee, paragraph 15 for reporting requirements. 3.09 PURCHASING CARD PROGRAM: The State of Florida has implemented a purchasing card program, using the Visa network. Bidders are encouraged to accept orders through the State of Florida Purchasing Card Program utilized by eligible customers. Vendors may receive payment from state agencies by the purchasing -card in the same manner as other Visa purchases. Visa acceptance is mandatory, but is not the exclusive method of payment. 3.10 COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non -exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non -exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. 3.11 TECHNICAL DOCUMENTATION: All products bid must meet or exceed all conditions and specifications of the Invitation to Bid (ITB). When technical documentation is required by this ITB, its purpose is to demonstrate compliance of the product bid with applicable technical requirements of the ITB and to allow a technical evaluation of the product. Failure to provide the required technical documentation with the Bid submittal shall make the Bidder non -responsive, unless State Purchasing, in its sole discretion and in the best interest of the State, determines the acceptability of the products offered through technical documentation available within State Purchasing as of the date and time of Bid opening. Such authority of State Purchasing shall in no way relieve the Bidder from the ultimate responsibility to submit the required technical documentation, nor shall any Bidder assume that such documentation is otherwise available to State Purchasing. The State shall not be responsible for the accuracy of the technical documentation in its possession. 3.12 TESTING —LATERAL & VERTICAL FILES: Laboratory testing is required for all lateral and vertical steel files offered in response to this Invitation. To be considered for award, the manufacturer must have the files listed on a current GSA contract, and must submit the same pricing or better for the State of Florida. Also, sample laterals and verticals must also meet the specifications and pass the testing procedures detailed in the "Lateral File Cabinet Specifications and Testing Procedures" and "Vertical File Cabinet Specifications and Testing Procedures". Verification of specifications and testing must be submitted by the Bidder in the form of the signed lab report from one of the facilities listed in this Invitation or an ISO Certified Testing Lab. Test reports from other sources will not be accepted. Only the lateral and vertical steel files meeting all specifications, tested, and approved shall be awarded under this contract. Failure to submit testing documentation with the Invitation response shall result in disqualification of the Bid. 3.13 REFERENCES: All Bidders shall furnish a minimum of three (3) projects sold to "Eligible Customers" (see Special Conditions, 3.01) completed in Florida in the last 24 months including the name of the agency, university, city, county or school board, responsible personnel and phone number where this specific type of furniture is installed. Three (3) purchase orders or invoices shall be submitted with the Bid package to document the sales of each manufacturer's brand bid. Failure to supply the required documentation will result in disqualification of your Bid. The State of Florida reserves the right to contact the references regarding the services provided. Failure to comply with this requirement will result in disqualification of Bid. 3.14 SERVICING DEALERS: Bidders are required to name at least a minimum of two (2) different servicing dealers for the State of Florida. Bidders are encouraged to use certified Minority Business Enterprise dealers. It is the Bidder's responsibility to insure that all customers will be given equal representation and service with the approved dealers. Each dealer named will be responsible for delivery and installation of products, as well as providing needed assistance to Eligible Customers, as defined in Special Conditions, Eligible Customers, paragraph 3.01. All servicing dealers participating in this contract are required to register in MyFioridaMarketPlace if they will be receiving orders on behalf of the manufacturer. Failure to comply with this requirement will result in disqualification of Bid. 3.15 DELAYS & COMPLAINTS: Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the contract (via the established Complaint to Vendor process (PUR 7017)) may result in default proceedings and/or cancellation. 3.16 CONFORMANCE TO CODES: The installing dealer shall be responsible for verifying furniture space plan/configuration fits the given space and all aisles and openings and doors meet the local fire and safety codes and are in conformance with ADA regulations. Also, upon the request of the State or of a using agency, the contractor shall be responsible for providing written verification of their products conformance to current fire and flammability codes, as regulated by the State of Florida. 3.17 DELIVERY METHODS — DEFINITION OF TERMS: The delivery methods below are specific to this contract. Reference General Contract Conditions, PUR 1000, paragraph 12 for additional information. Drop -Ship: FOB Destination. Orders shipped directly by a manufacturer to the purchaser or user. Items delivered to the ordering agency shall be unloaded by the delivering carrier and placed on the agency's loading dock. If there is no loading dock, items shall be unloaded by the delivery carrier and placed in a space immediately adjacent to the carrier's vehicle at the delivery location. Delivered Not Installed: On delivered non -installed orders items delivered to the ordering agency shall be unloaded by the delivering carrier and placed on the agency's loading dock. If there is no loading dock, items shall be unloaded by the delivery carrier and placed in a space immediately adjacent to the carrier's vehicle at the delivery location. Inside Delivery, Non -Installed: On orders specifying inside (non -installed) delivery, items shall be unloaded and delivered, in the shipping carton, to the ordering agency by the delivering carrier and placed inside the door on the first or ground level floor of the building. Installed Delivery: On installed orders, (open, set in place, ready for use) the contract supplier or the delivering carrier, acting as the contractor's agent, shall be responsible for receipt, inspection, and assembly of items delivered in the area designated by the ordering agency, as well as prompt removal and disposal of all debris which is a result of the delivery. The ordering agency shall be responsible for the immediate removal of any existing furniture from the area in which the contract items are to be installed. Elevator(s) must be made available if more than one story. If no elevator is available, delivery will be made to the ground floor, or additional delivery fees may be negotiated. 3.18 DELIVERY REQUIREMENTS: The delivery requirements below are specific to this contract. Reference General Contract Conditions, PUR 1000, paragraph 12 for additional information. Delivery of all contract items (with the exception of special finish, custom fabric, or customized orders) is required within 90 days from receipt of purchase order containing complete ordering information; contract number, commodity number, item description, manufacturer's model number and street delivery address (not Post Office Box). It is highly recommended that the Agency confirm receipt of the Purchase Order with the manufacturer and servicing_ dealer. If orders are sent directly to the manufacturer. the servicing dealer may not always be aware of pending orders and the time frame. Any known factors (including vacation period, factory inventory, etc.) that may disrupt this delivery schedule must be clearly stated in the Bid along with the specific information on how orders will be processed during such periods. Delay in delivery beyond the time specified in the Bid must be justified to the ordering agency, in writing, and if required, the contract supplier shall provide temporary furniture on a rent-free basis. Furthermore, items not delivered within the required delivery schedule may result in the contractor being found in default by State Purchasing in accordance with contract conditions. 3.19 DELIVERY/INSTALL RECOMMENDATIONS FOR STEEL FILES: The stability of steel files is assured if they are properly installed and loaded, therefore THE STATE OF FLORIDA HIGHLY RECOMMENDS users to consider purchasing steel files "DELIVERED AND INSTALLED" from the approved manufacturer. If steel files are ordered "Drop -ship" or "Delivered Not Installed"; it is highly recommended that the user note on the order to the contractor or servicing dealer that a delivery carrier must be equipped with a way to remove the files from the truck (see "Drop -ship" or "Delivered Not Installed" under Section 3.17 Delivery Methods — Definitions of Terms). Follow the instructions that are shipped with the files to ensure that they are properly installed to provide safe performance. Instructions should include information about leveling files and ganging files together. Counterbalance for lateral file units is recommended unless cabinets are ganged from most manufacturers. There may be an additional charge for counterbalance. 3.20 INSTALLATION COSTS/SPACE PLANNING FEES: Installation charges shall be listed as a per -item fee, percentage of price fee, or negotiable* on the price sheets. Installing agent shall be responsible for receipt, inspection, and assembly of items at the location listed on the purchase order. The installation charges shall also apply to any required reconfiguration of systems furniture during the term of the contract. Space planning fees for systems and modular furniture shall be listed as an hourly fee on the price sheet. *(Rev 26 October 26, 2005) 3.21 CHANGE ORDERS: Issuance of a purchase order under a contract resulting from this Bid is a binding agreement. Purchasers should carefully check the accuracy of the order. Change orders or revisions are thereafter subject to the following: 4�. All requests for changes must be submitted in written form or entered in the Ariba System (per format of the purchase order). Changes in the number of units (additions or deletions), commodity number, description, features of colors can only be made subject to the approval of the contractor. Changes or revisions in the method of delivery or the designated delivery destination can only be made subject to the approval of the contractor. Multiple delivery points must be clearly indicated on the purchase order. When multiple delivery locations are required, enter "See Below" in the "Ship To" box on the purchase order. List delivery locations and instructions in the body of the purchase order, as well as the commodity number and quantity for each location. Orders may be cancelled ONLY by obtaining approval from the contractor, and may be subject to a 25% (or greater) re -stocking fee, plus freight charges. Most custom orders cannot be cancelled or returned. 3.22 PRICES & DISCOUNTS: Prices shall be submitted in the form of: 1.) A discount off manufacturer's current published price list with the GSA -approved discount structure or better, in effect at the time of Bid opening. A copy of your GSA contract must be submitted with the Bid. OR 2.) The published GSA discounted price lists, in effect at the time of Bid opening. All pricing shall duplicate GSA price lists and discounts for every item offered. A copy of the price list quoted and documentation of the GSA approved contract with discount structure must be submitted with the Bid. Any GSA revision of pricing and products shall be submitted to State Purchasing with the State reserving the right to accept or reject within 30 days, or cancel the contract. Any increase accepted shall not become effective until approved by State Purchasing. Pricing submitted for balance -of -line items shall be within 5% of the discount offered for similar items already on the current contract. State Purchasing reserves the right to except or reject any items submitted. State Purchasing reserves the right to reject items offered whose discounts are less favorable than those offered to other entities in the State (i.e., city or county contracts), and reject items that do not offer the best value to the State. 3.23 FILL- IN PRICING: The Bidder must also honor "fill-in" orders at the same pricing and discount for 90 days after substantial completion of a single job, delivered to a single location. 3.24 NEW PRODUCTS —ADDITIONS: New products may be considered for addition to the contract. All requests must include the following: Contract Revision/Authorization Form. ❖ Copy of the Federal GSA Modification approving any price changes or adjustments. + Manufacturer's current Federal GSA Contract - compact disc format (CD). + Current price book consistent with GSA Contract- compact disc format (CD). ❖ Literature of product or series requested for addition. 3.25 NEW MANUFACTURERS — ADDITIONS: The addition of manufacturers will not be considered until the time of the contract anniversary date of one year; and after that date, as determined by State Purchasing to be in the best interest of the State. Upon receipt of completed Bid documents and product review, manufacturers may be considered for addition. All requests must include the following information and sent to the attention of the Contract Manager: g+ Completed Bid documents per this Invitation. Must include all forms and requirements in addition to those listed here. Registered in MyFloridaMarketPlace as a vendor. Product offering must be represented on manufacturer's Federal GSA contract and represent at least 80% of the company's offered product. ❖ Dedicated web site address for the State Contract. All information must be approved prior to award. + Manufacturer's current Federal GSA Contract - compact disc format (CD). ❖ Current price book consistent with GSA Contract- compact disc format (CD). • Three (3) Letters from Eligible Customers supporting addition to contract. + Literature of product or series in product scope. 3.26 ADDITION/DELETION OF VENDORS AND PRODUCTS OFFERED: State Purchasing reserves the right to add or delete vendors and products within 180 days after such action by GSA, as published in the Federal Supply Schedule and all "Supplements". 3.27 QUANTITY DISCOUNTS: Bidder is urged to offer additional discounts for one time delivery of large single orders of any assortment of items in the space provided on the price sheets. Such discounts will not be considered in the evaluation of the Bid. 3.28 SPECIAL SALES OFFERS: All purchases made from State contracts by Eligible Customers, as defined in Section 163.3164, F.S., must be in strict adherence to all terms, conditions and prices contained therein; therefore, all contract suppliers and their representatives are required to present any "special" price proposals directly to State Purchasing. Please note that any proposals that extend beyond the terms currently in effect must be submitted as a pricing revision for use by any State contract customer, and must be approved by State Purchasing prior to presentation. 3.29 MANUFACTURER CONTRACT ADMINISTRATION — DEDICATED STATE TERM CONTRACT WEB SITE REQUIREMENT: The contract resulting from this Invitation will become a public document. The State of Florida, State Purchasing, is using the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute contract and product information to users of State Term Contracts outside of MyFloridaMarketPlace. The following components and activities are required of each contractor: • Each contractor shall develop and maintain a State contract Web Page on the Internet WWW to post approved contract information to enable access to and ordering of Customers' specific items from the Contractor's catalog . The contractor's web page will be linked from the State Contract web site and dedicated to the State of Florida Contract. Access to the site and its' information cannot be password protected. • Each vendor's State Contract Web Page must be built and then maintained over the life of the State Term Contract to be compatible with the most recent version of browser software being used by State Purchasing. As of the writing of this Invitation, Netscape Navigator is the State Purchasing browser standard. State Purchasing intends to upgrade to new browser versions as they become available and fully tested, at its discretion. Except in the event of unforeseen technological interruptions or forces of nature, continued disruption of service or inadequate access may be grounds for the contract link to be removed and/or contract cancellation. • Each contractor's State Contract Web Page must include the following information in the exact format provided in this Invitation: ❖ Price Sheet, Section 4.0 ❖ Ordering Instructions, Section 5.0 + Servicing Dealers with current contact information, Section 5.0 ❖ Commercial Price Book or GSA Price Book, PDF or HTML + Environmental & Recycled Content Information. Please refer to Section 3, paragraph 3.32. Though not required at this time, it is highly recommended that graphics and/or audio based information also be used. Additional links may be included to access additional product literature, the vendor's home page, or any other pertinent information. • The Universal Resource Locator (URL) for the State Contract Web Page must be supplied to State Purchasing no later than the Bid Opening Date and Time. See Event Calendar. 3.30 MYFLORIDAMARKETPLACE (MFMP) ELECTRONIC CATALOG REQUIREMENT: Awarded vendors will be required to provide a completed data template that contains necessary information to enable your electronic catalog in MyFloridaMarketPlace (MFMP). This format is generally Microsoft Excel. Necessary information may include, but is not limited to, Contractor name, SKU, brand/manufacturer, product name and brief description, unit of measure, and price. Contractor shall provide this information in the format required by the MyFloridaMarketPlace third -party Service Provider. No costs or expenses associated with providing this information shall be charged to the Department, Customers, or Service Provider. Final award is contingent on completion of submitted MyFloridaMarketPlace electronic catalog. See Event Calendar. 3.31 CONTRACT REVISIONS: Though contractors are responsible for maintaining their own contract information through their State Contract Web Page, any revisions to the originally approved contract information must be authorized in writing by State Purchasing prior to implementation. A revision authorization form is included in this document, and should be submitted with any request to revise pricing and/or terms, ordering instructions, or servicing dealer listing. Upon review of a State Contract Web Page, should unauthorized information be discovered within the site, the contract link may be immediately suspended until the information is appropriately revised, or until the contract is cancelled. 3.32 ENVIRONMENTAL & RECYCLED CONTENT REQUIREMENTS: The State of Florida, as outlined in Florida Statutes 287.045, is committed to reducing waste and promoting energy conservation. To that effort, Bidders responding to this Invitation are required to meet minimum recycled content standards AND to submit information relating to their company's environmental policy and implementation process. Bidder shall submit a detailed environmental policy. This policy should explain the Bidder's environmental mission and shall include detailed information on initiatives or procedures related to the realization of the environmental mission, for example: • Pollution prevention opportunities • Energy conservation • Water conservation • Green House Gas (GHG) reductions • Disposal of solid and/or hazardous waste • Recycling of scrap • Health and safety issues • Community involvement Bidder shall provide a link to this information on the State Contract Web Page as described in the Special Conditions, Section 3, Manufacturer Contract Administration -- Dedicated Web Site Requirements, paragraph 3.29. Bid responses not including this environmental information will be rejected. If applicable, Bidder shall submit any prepared and/or approved documentation in relation to the BIFMA Sustainability Guidelines, ISO 14001, and EPA Comprehensive Procurement Guidelines. Bidder shall confirm that all corrugated cardboard materials and containers used in the packaging and transport of office furniture products will be made with a minimum of 35% recycled material (post -consumer and/.or post-industrial) and meets standard performance requirements. Verification of the recycled material content shall be confirmed in writing by the product supplier or through documented specifications from the product supplier. Bid responses not including this verification will be reiected. Bidder shall identify all product lines (or products) including recycled content and/or post consumer recycled content. Awarded contractor shall provide the content percentage of the recycled materials in the identified product lines no later than 30 days after contract award date. DEFINITIONS: Environmental Policy or Mission: Is a statement by the organization of its intentions and principles in relation to its overall environmental performance, which provides a framework for action and for the setting of its environmental objectives and targets. Greenhouse Gas Emissions: Emissions of gases related to human activities that accelerate the "greenhouse effect." The term "greenhouse effect" describes the natural heat -trapping qualities of trace gases in the Earth's atmosphere. Human activities have significantly increased the concentrations of natural greenhouse gases such as carbon dioxide. While carbon dioxide is not the only greenhouse gas, it is the main contributor to warming. Post -Consumer Content: Materials in a recycled product which are derived from businesses or consumers after having served their intended uses, and which have been separated or diverted from solid waste for the purpose of collection, recycling and disposition. Post-industrial Content: Materials generated by manufacturers or product converters, such as trimmings, overruns and obsolete products, that are incorporating back into the manufacturing process of the same or a different products are considered post-industrial materials or scraps. 3.33 REQUIREMENTS OF BIDDERS: ❖ Printed paper copies of this contract will not be automatically distributed to contractors or users. Contractors can view their current contract through the State Purchasing web site at http://purchasipg.state. fl.us. + Color brochures and fabric/finish cards must be provided to all users upon request. + All price lists and literature will be provided at no charge to the users or the State. + State Purchasing shall review and approve all literature, price lists, and promotional materials before distribution to agencies and political subdivisions. Failure to comply with these reQuiumelta ngy molt in thesontraexor being fQun in default. 3.34 WARRANTY: All equipment including material used therein shall be warranted by the contractor against mechanical, electrical, and workmanship defects. In the event defects become evident within the warranty period, the contractor shall either repair or replace the defective parts and materials at no additional cost to the purchaser. The contractor shall be liable to the purchaser for supply of information and material necessary for mandatory revisions determined by the manufacturer at no additional cost to the purchaser for the duration of the warranty period. The duration of this full parts warranty period shall be at least 5 years (except for fabric and pneumatic cylinders, which shall be warranted for a minimum of 1 year). The warranty period shall start with the date of equipment acceptance and shall be extended to include times during which the equipment is out of service for warranty repair. The warranty shall apply to all equipment provided under any. contract resulting from this Bid regardless of the location within the State of Florida. 3.35 INSURANCE, WORKER'S COMPENSATION: The contractor shall take out and maintain during the life of this agreement, Worker's Compensation Insurance for all of his employees connected with the work of this project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workmen's Compensation statute, the Contractor shall provide, and cause each sub -contractor to provide, adequate insurance, satisfactory to the Purchaser, for the protection of his employees not otherwise protected. INSURANCE, CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE The contractor shall take out and maintain during the life of this agreement COMPREHENSIVE GENERAL LIABILITY AND COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this agreement whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be the minimum limits as follows: A. CONTRACTOR'S COMPREHENSIVE GENERAL LIABILITY COVERAGES, BODILY INJURY & PROPERTY DAMAGE B. AUTOMOBILE LIABILITY COVERAGES, BODILY INJURY & PROPERTY DAMAGE $300,000.00 Each Occurrence, Combined Single Limit $100,000.00 Each Occurrence, Combined Single Limit Insuring clause for both BODILY INJURY and PROPERTY DAMAGE shall be amended to provide coverage on an OCCURRENCE BASIS.