HomeMy WebLinkAboutGeneral Instructions to RespondentsState of Florida
PUR 1001
General Instructions to Respondents
Contents
1. Definitions.
2. General Instructions.
3. Electronic Submission of Responses.
4. Terms and Conditions.
5. Questions.
6. Conflict of Interest.
7. Convicted Vendors.
8. Discriminatory Vendors.
9. Respondent's Representation. and Authorization.
10. Performance Qualifications.
11. Public Opening.
12. Electronic Posting of Notice of Intended Award.
13. Firm Response.
14. Clarifications/Revisions.
15. Minor Irregularities/Right to Reject.
16. Contract Formation.
17. Contract Overlap.
18. Public Records.
19. Protests.
1. Definitions. The definitions found in s. 60A-11, F.A.C. shall apply to this agreement. The
following additional terms are also defined:
(a) "Buyer" means the entity that has released the solicitation.
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory
Materials.
(c) "Respondent" means the entity that submits materials to the Buyer in accordance with these
Instructions.
(d) "Response" means the material submitted by the respondent in answering the solicitation.
(e) "Timeline" means the list of critical dates and actions included in the Introductory Materials.
2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review
all the materials contained herein and prepare responses accordingly.
3. Electronic Submission of Responses. Respondents are required to submit responses electronically.
For this purpose, all references herein to signatures, signing requirements, or other required
acknowledgments hereby include electronic signature by means of clicking the "Submit Response"
button (or other similar symbol or process) attached to or logically associated with the response created
by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of
electronically submitting its response constitutes:
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• an electronic signature on the response, generally,
• an electronic signature on any form or section specifically calling for a signature, and
• an affirmative agreement to any statement contained in the solicitation that requires a definite
confirmation or acknowledgement.
4. Terms and Conditions. All responses are subject to the terms of the following sections of this
solicitation, which, in case of conflict, shall have the order of precedence listed:
• Technical Specifications,
• Special Conditions,
• Instructions to Respondents (PUR 1001),
• General Conditions (PUR 1000), and
• Introductory Materials.
The Buyer objects to and shall not consider any additional terms or conditions submitted by a
respondent, including any appearing in documents attached as part of a respondent's response. In
submitting its response, a respondent agrees that any additional terms or conditions, whether submitted
intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and
conditions, including those specifying information that must be submitted with a response, shall be
grounds for rejecting a response.
5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement
Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be
RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be
answered in accordance with the Timeline. All questions submitted shall be published and answered in
a manner that all respondents will be able to view. Respondents shall not contact any other employee
of the Buyer or the State for information with respect to this solicitation. Each respondent is
responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The
Buyer shall not be bound by any verbal information or by any written information that is not contained
within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel.
Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of
the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions.
6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents
shall disclose with their response the name of any officer, director, employee or other agent who is also
an employee of the State. Respondents shall also disclose the name of any State employee who owns,
directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.
7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction
for a public entity crime is prohibited from doing any of the following for a period of 36 months from
the date of being placed on the convicted vendor list:
• submitting a bid on a contract to provide any goods or services to a public entity;
• submitting a bid on a contract with a public entity for the construction or repair of a public
building or public work;
• submitting bids on leases of real property to a public entity;
• being awarded or performing work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity; and
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• transacting business with any public entity in excess of the Category Two threshold amount
($25,000) provided in section 287.017 of the Florida Statutes.
8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor List pursuant to
section 287.134 of the Florida Statutes may not:
• submit a bid on a contract to provide any goods or services to a public entity;
• submit a bid on a contract with a public entity for the construction or repair of a public building
or public work;
• submit bids on leases of real property to a public entity;
• be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a
contract with any public entity; or
• transact business with any public entity.
9. Respondent's Representation and Authorization. In submitting a response, each respondent
understands, represents, and acknowledges the following (if the respondent cannot so certify to any of
following, the respondent shall submit with its response a written explanation of why it cannot do so).
• The respondent is not currently under suspension or debarment by the State or any other
governmental authority.
• To the best of the knowledge of the person signing the response, the respondent, its affiliates,
subsidiaries, directors, officers, and employees are not currently under investigation by any
governmental authority and have not in the last ten (10) years been convicted or found liable
for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect
to bidding on any public contract.
• To the best of the knowledge of the person signing the response, the respondent has no
delinquent obligations to the State, including a claim by the State for liquidated damages under
any other contract.
• The submission is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary or other noncompetitive
response.
• The prices and amounts have been arrived at independently and without consultation,
communication, or agreement with any other respondent or potential respondent; neither the
prices nor amounts, actual or approximate, have been disclosed to any respondent or potential
respondent, and they will not be disclosed before the solicitation opening.
• The respondent has fully informed the Buyer in writing of all convictions of the firm, its
affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers,
and employees of the firm and its affiliates for violation of state or federal antitrust laws with
respect to a public contract for violation of any state or federal law involving fraud, bribery,
collusion, conspiracy or material misrepresentation with respect to a public contract. This
includes disclosure of the names of current employees who were convicted of contract crimes
while in the employ of another company.
• Neither the respondent nor any person associated with it in the capacity of owner, partner,
director, officer, principal, investigator, project director, manager, auditor, or position involving
the administration of federal funds:
o Has within the preceding three years been convicted of or had a civil judgment rendered
against them or is presently indicted for or otherwise criminally or civilly charged for:
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commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a federal, state, or local government transaction or public contract;
violation of federal or state antitrust statutes; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property; or
o Has within a three-year period preceding this certification had one or more federal, state, or
local government contracts terminated for cause or default.
• The product offered by the respondent will conform to the specifications without exception.
• The respondent has read and understands the Contract terms and conditions, and the submission
is made in conformance with those terms and conditions.
• If an award is made to the respondent, the respondent agrees that it intends to be legally bound
to the Contract that is formed with the State.
• The respondent has made a diligent inquiry of its employees and agents responsible for
preparing, approving, or submitting the response, and has been advised by each of them that he
or she has not participated in any communication, consultation, discussion, agreement,
collusion, act or other conduct inconsistent with any of the statements and representations made
in the response.
• The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against
any cost, damage, or expense which may be incurred or be caused by any error in the
respondent's preparation of its bid.
• All information provided by, and representations made by, the respondent are material and
important and will be relied upon by the Buyer in awarding the Contract. Any misstatement
shall be treated as fraudulent concealment from the Buyer of the true facts relating to
submission of the bid. A misrepresentation shall be punishable under law, including, but not
limited to, Chapter 817 of the Florida Statutes.
10. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time
whether the product, qualifications, or facilities offered by respondent meet the Contract requirements.
Respondent shall at all times during the Contract term remain responsive and responsible. Respondent
must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial
standing, as well as a statement as to plant, machinery, and capacity of the respondent for the
production, distribution, and servicing of the product bid. if the Buyer determines that the conditions of
the solicitation documents are not complied with, or that the product proposed to be furnished does not
meet the specified requirements, or that the qualifications, financial standing, or facilities are not
satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the
Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in
respondent's employment, has previously failed to perform satisfactorily in connection with public
bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to
make an investigation either before or after award of the Contract, but should the Buyer elect to do so,
respondent is not relieved from fulfilling all Contract requirements.
11. Public Opening. Responses shall be opened on the date and at the location indicated on the
Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce
prices or release other materials pursuant to s. 119.07(3)(m), Florida Statutes. Any person requiring a
special accommodation because of a disability should contact the Procurement Officer at least five (5)
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workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the
Buyer by using the Florida Relay Service at (800) 955-8771 (TDD).
12. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated
on the Timeline the Buyer shall electronically post a notice of intended award at
http://fcn.state.fi.us/owa_vbsIowa/vbs_www.main menu. If the notice of award is delayed, in lieu of
posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for
posting the notice of intended award. Any person who is adversely affected by the decision shall file
with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not
provide tabulations or notices of award by telephone.
13. Firm Response. The Buyer may make an award within sixty (60) days after the date of the
opening, during which period responses shall remain firm and shall not be withdrawn. If award is not
made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract
or the Buyer receives from the respondent written notice that the response is withdrawn. Any response
that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected.
14. Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or
request any information deemed necessary for proper evaluation of submissions from all respondents
deemed eligible for Contract award. Failure to provide requested information may result in rejection of
the response.
15. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all
bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the
Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response
not submitted in the manner specified by the solicitation documents,
16. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s),
however, no contract shall be formed between respondent and the Buyer until the Buyer signs the
Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or
producing its response or for any work performed before the Contract is effective.
17. Contract Overlap. Respondents shall identify any products covered by this solicitation that they
are currently authorized to furnish under any state term contract. By entering into the Contract, a
Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer
deems to be in its best interest.
18. Public Records. Florida law generously defines what constitutes a public record; see, for
example, section 119.07 of the Florida Statutes. If a respondent believes that its response contains
information that should not be a public record, the respondent shall clearly segregate and mark that
information (for example, placing the material in a separate electronic file, and including the word
"Confidential" in the filename) and briefly describe in writing the grounds for claiming exemption
from the public records law, including the specific statutory citation for such exemption.
19. Protests. Any protest concerning this solicitation shall be made in accordance with sections
120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative
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Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the
Buyer's intent to ensure that specifications are written to obtain the best value for the State and that
specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the
solicitation process.
Section 120.57(3)(b), F.S. and Section 28-1103, FIa. Admin. Code require that a notice of protest of
the solicitation documents shall be made within seventy-two hours after the posting of the solicitation.
Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure
to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a
waiver of proceedings under chapter 120, Florida Statutes."
Section 28-1105, Fla. Admin. Code requires the following statement to be included in the solicitation:
"Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to
post the bond or other security required by law within the time allowed for filing a bond shall
constitute a waiver of proceedings under Chapter 120, Florida Statutes."
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