HomeMy WebLinkAboutITBINVITATION TO BID
(ITB)
FOR
LABORATORY & SAFETY SUPPLIES &
EQUIPMENT
ITB No. 9-490-000-G
ITB ISSUE DATE: DECEMBER 28, 2006
RESPONSES DUE: JANUARY 29, 2007 AT 2:00 P.M. EST
Dawn Gunter
Purchasing Analyst, State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
(850) 488-4946
Email: Dawn.Gunter@dms.myflorida.com
TABLE OF CONTENTS
1.0 INTRODUCTION
1.1 PURPOSE AND SCOPE
1.2 TIMELINE
2.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)
2.1 DEFINITIONS
2.2 GENERAL INSTRUCTIONS
2.3 ELECTRONIC SUBMISSION OF RESPONSES
2.4 TERMS AND CONDITIONS
2.5 QUESTIONS
2.6 CONFLICT OF INTEREST
2.7 CONVICTED VENDORS
2.8 DISCRIMINATORY VENDORS
2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION
2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS
2.11 PERFORMANCE QUALIFICATIONS
2.12 PUBLIC OPENING
2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD
2.14 FIRM RESPONSE
2.15 CLARIFICATIONS / REVISIONS
2.16 MINOR IRREGULARITIES / RIGHT TO REJECT
2.17 CONTRACT FORMATION
2.18 CONTRACT OVERLAP
2.19 PUBLIC RECORDS\
2.20 PROTESTS
2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD
3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS
3.1 CONTACT PERSON
3.2 DEFINITIONS
3.3 WHO MAY RESPOND
3.4 ESTIMATED QUANTITIES
3.5 PERIOD OF AGREEMENT
3.6 BASIS FOR AWARD
3.7 ADDENDUMS TO THE SOLICITATION DOCUMENTS
3.8 PRICING
3.9 ELECTRONIC POSTING
3.10 SUBMISSION OF RESPONSE
3.11 MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW
3.12 COMPLIANCE WITH LAWS
3.13 ORDER OF PRECEDENCE
3.14 STATE OBJECTIVES
3.15 STATE OF FLORIDA PURCHASING CARD PROGRAM
3.16 DOCUMENTATION BECOMES THE PROPERTY OF THE STATE
3.17 SUBSTITUTIONS
3.18 POLITICAL SUBDIVISIONS AND OTHER COOPERATIVE PURCHASING PARTICIPANTS
3.19 QUALITY
3.20 OCCUPATIONAL HEALTH AND SAFETY
3.21 LOBBYING
3.22 GREAT SEAL OF FLORIDA
4.0 GENERAL CONTRACT CONDITIONS (PUR 1000)
4.1 DEFINITIONS
4.2 PURCHASE ORDERS
4.3 PRODUCT VERSION
4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS
4.5ADDITIONAL QUANTITIES
4.6 PACKAGING
4.7 INSPECTION AT CONTRACTOR'S SITE
4.8 SAFETY STANDARDS
4.9 AMERICANS WITH DISABILITIES ACT
4.10 LITERATURE
4.11 TRANSPORTATION AND DELIVERY
4.12 INSTALLATION
4.13 RISK OF LOSS
4.14 TRANSACTION FEE
4.15 INVOICING AND PAYMENT
4.16 TAXES
4.17 GOVERNMENTAL RESTRICTIONS
4.18 LOBBYING AND INTEGRITY
4.19 INDEMNIFICATION
4.20 LIMITATION OF LIABILITY
4.21 SUSPENSION OF WORK
4.22 TERMINATION FOR CONVENIENCE
4.23 TERMINATION FOR CAUSE
4.24 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY
4.25 CHANGES
4.26 RENEWAL
4.27 PURCHASE ORDER DURATION
4.28 ADVERTISING
4.29 ASSIGNMENT
4.30 ANTITRUST ASSIGNMENT
4.31 DISPUTE RESOLUTION
4.32 EMPLOYEES, SUBCONTRACTORS, AND AGENTS
4.33 SECURITY AND CONFIDENTIALITY
4.34 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS
4.35 INSURANCE REQUIREMENTS
4.36 WARRANTY OF AUTHORITY
4.37 WARRANTY OF ABILITY TO PERFORM
4.38 NOTICES
4.39 LEASES AND INSTALLMENT PURCHASES
4.40 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE)
4.41 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED
4.42 MODIFICATION OF TERMS
4.43 COOPERATIVE PURCHASING
4.44 WAIVER
4.45 ANNUAL APPROPRIATIONS
4.46 EXECUTION IN COUNTERPARTS
4.47 SEVERABILITY
5.0 SPECIAL CONDITIONS
5.1 DEFINITIONS
5.2 ELECTRONIC CATALOG DATA
5.3 "PUNCHOUT" ALTERNATIVE
5.4 CONTRACTOR'S STATE CONTRACT WEBPAGE
5.5 CONTRACT REVISIONS
5.6 PRODUCT ADDITIONS AND DELETIONS
5.7 DEALER CHANGES
5.8 TRANSACTION FEE REPORT
5.9 PRICE ADJUSTMENTS
5.10 SALES SUMMARY REPORTS
5.11 BUSINESS REVIEW MEETINGS
5.12 CUSTOMER SERVICE SUPPORT
5.13 IMPLEMENTATION OF CONTRACT
5.14 ELECTRONIC INVOICING
6.0 TECHNICAL SPECIFICATIONS
6.1 SCOPE
6.2 MINIMUM ORDER AMOUNT
6.3 FREIGHT CHARGES, TRANSPORTATION AND DELIVERY
6.4 OTHER FEES
6.5 INSPECTION AND ACCEPTANCE
6.6 WARRANTY
7.0 PRICE SHEETS AND FORMS
ATTACHMENT A - SAVING / PRICE -REDUCTIONS FORM
ATTACHMENT B - ORDERING INSTRUCTIONS FORM
ATTACHMENT C - CONTRACTOR WORK PLAN FORM
ATTACHMENT D - EMERGENCY CONTRACT INFORMATION FORM
ATTACHMENT E - CERTIFICATION OF A DRUG FREE WORKPLACE PROGRAM FORM
ATTACHMENT F - CONTRACT
ATTACHMENT G - REFERENCE FORM
ATTACHMENT H - PRICE SHEET
ATTACHMENT 1- BID CHECKLIST FORM
ATTACHMENT J - FLORIDA DISTRICT MAP
ATTACHMENT K - STATE CONTRACT CHANGE FORM
ATTACHMENT L- QUARTERLY SALES REPORT FORM
SECTION 1.0
INTRODUCTION
CONTENTS:
1.1 PURPOSE AND SCOPE
1.2 TIMELINE
1.1 Purpose and Scope
The State of Florida ("State"), Department of Management Services ("Department"), invites interested Vendors
to submit a Response in accordance with these solicitation documents. The purpose of this solicitation is to
establish a sixty (60) month State Term Contract for the purchase of Laboratory & Safety Supplies &
Equipment with the potential option for renewals as allowed by Chapter 287, Florida Statutes.
The intent is to obtain the most cost effective pricing for these goods for the State of Florida while maximizing
the quality and level of service. Qualified companies must have the capability to provide products and service
in all respects in accordance with the solicitation documents.
1.2 Timeline
Respondents should review and become familiar with the Event Timeline listed below. The dates and times of
each activity within the Timeline may be subject to change. It is the responsibility of the Respondent to check
for any changes. All changes to the Timeline will be made through an addendum to this solicitation and posted
within the Vendor Bid System and MyFloridaMarketPlace eProcurement sourcing tool.
Event
Event Date
.1I41
Release solicitation to public
12/28/06
Deadline for uestions from Bidders
1/10/07 by 2:00 p.m. EST
"1 0
Date answers will be posted to MFMP in
Response to questions received, in an Addendum
format
1/12/07 by 2:00 p.m. EST
Note:
Although the system allows bids to be submitted once the "start period" commences, it is
«,.
strongly recommended that vendors wait until questions have been posted to MFMP to
ensure that no significant changes have been made to bid that would affect the vendors
Response.
Date solicitation is available to Vendors to submit
their Responses online.
1/12/07 by 2:00 p.m. EST
` PEN DATE
Date solicitation Responses are due
1/29/07 by 2:00 p.m. EST
S ICITATI
Evaluate ITB Responses
1/30/07 through 2/13/07
Obtain approval on recommendation for award
2/16/07
=&RD
Post Notice of Intended Award
2/19/07
PERT OD
Contract is awarded
2/22/07
Contract is implemented
3/22/07
SECTION 2.0
GENERAL INSTRUCTIONS TO RESPONDENTS (PUR1001 FORM)
CONTENTS:
2.1 DEFINITIONS
2.2 GENERAL INSTRUCTIONS
2.3 ELECTRONIC SUBMISSION OF RESPONSES
2.4 TERMS AND CONDITIONS
2.5 QUESTIONS
2.6 CONFLICT OF INTEREST
2.7 CONVICTED VENDORS
2.8 DISCRIMINATORY VENDORS
2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION
2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS
2.11 PERFORMANCE QUALIFICATIONS
2.12 PUBLIC OPENING
2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD
2.14 FIRM RESPONSE
2.15 CLARIFICATIONS/REVISIONS
2.16 MINOR IRREGULARITIES/RIGHT TO REJECT
2.17 CONTRACT FORMATION
2.18 CONTRACT OVERLAP
2.19 PUBLIC RECORDS
2.20 PROTESTS
2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD
2.1 Definitions
The definitions found in s. 60A-1.001, 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. The "Buyer" may also be the "Customer" as
defined in the PUR 1000 if that entity meets the definition of both terms.
(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.
2.2 General Instructions
Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein
and prepare responses accordingly.
2.3 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:
• 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.
2.4 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 and Instructions,
• 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.
2.5 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.
2.6 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.
2.7 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
• 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.
2.8 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.
2.9 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.
• Respondent currently 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: 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.
2.10 Manufacturer's Name and Approved Equivalents
Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog
numbers listed in a specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor
may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate
comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall
determine in its sole discretion whether a product is acceptable as an equivalent.
2.11 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 atall times during the
Contract term remain responsive and responsible. In determining Respondent's responsibility as a vendor, the
agency shall consider all information or evidence which is gathered or comes to the attention of the agency
which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the
contract.
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.
2.12 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.
119.071(1)(b), Florida Statutes. Any person requiring a special accommodation because of a disability should
contact the Procurement Officer at least five (5) 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).
2.13 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.fl.usiowa vbs/owa/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.
2.14 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.
2.15 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.
2.16 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.
2.17 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.
2.18 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.
2.19 Public Records
Article 1, section 24, Florida Constitution, guarantees every person access to all public records. and Section
119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive
solicitation are public records unless exempt by law. Any respondent claiming that its response contains
information that is exempt from the public records law shall clearly segregate and mark that information and
provide the specific statutory citation for such exemption.
2.20 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 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 28-110.003, Fla. 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 28-110.005, 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."
2.21 Limitation on Vendor Contact with Agency During Solicitation Period
Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the
solicitation and the end of the 72-hour period following the agency posting the notice of intended award,
excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch
concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the
solicitation documents. Violation of this provision may be grounds for rejecting a response.
SECTION 3.0
SPECIAL INSTRUCTIONS To RESPONDENTS
CONTENTS:
3.1 CONTACT PERSON
3.2 DEFINITIONS
3.3 WHO MAY RESPOND
3.4 ESTIMATED QUANTITIES
3.5 PERIOD OF AGREEMENT
3.6 BASIS FOR AWARD
3.7 ADDENDUMS TO THE SOLICITATION DOCUMENTS
3.8 PRICING
3.9 ELECTRONIC POSTING
3.10 SUBMISSION OF RESPONSE
3.11 MYFLORIDAMARKETPLACE SOLICITATION,OVERVIEW
3.12 COMPLIANCE WITH LAWS
3.13 ORDER OF PRECEDENCE
3.14 STATE OBJECTIVES
3.15 STATE OF FLORIDA PURCHASING CARD PROGRAM
3.16 DOCUMENTATION BECOMES THE PROPERTY OF THE STATE
3.17 SUBSTITUTIONS
3.18 POLITICAL SUBDIVISIONS AND OTHER COOPERATIVE PURCHASING PARTICIPANTS
3.19 QUALITY
3.20 OCCUPATIONAL HEALTH AND SAFETY
3.21 LOBBYING
3.22 GREAT SEAL OF FLORIDA
3.1 Contact Person
Refer all inquiries to:
Dawn Gunter, Purchasing Analyst
Department of Management Services, Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
Phone: 850-488-4946
Suncom: 278-4946
Fax: 850-414-6122
Email: Dawn.Gunter@dms.myflorida.com
3.2 Definitions
The definitions found in s. 60A-1.001. F.A.C. shall apply to this agreement. The following additional terms are
also defined:
a. "The Department" means the Florida Department of Management Services.
b. "Procurement Officer" means the Buyer's Contracting personnel, as identified in Section 3.1.
c. "MSRP" is an acronym for the Manufacturer's Suggested Retail Price. It represents the manufacturer's
recommended retail selling price for a specific item. or list of items, and must be publicly listed, available,
and verifiable by the Department. In the event a Vendor does not create.. maintain, or utilize MSRP for
specific Commodities within this solicitation. that Vendor may use its Government Book Price as the MSRP
for those specific Commodities. The Vendor must use the MSRP or Government Book Price for all items
within a specific Commodity and shall not use both within the same Commodity.
d. "Government Book Price" represents the manufacturer's pre -determined selling price for a specific item, or
list of items, to all non -Contracted government entities.
e. "Eligible Users" is defined in 60A-1.005, F.A.C. The following entities are eligible users:
1. All governmental Agencies, as defined in Section 163.3164, F.S., which have a physical presence within
the State of Florida;
2. Any independent, non-profit college or university that is located within the State of Florida and is
accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042 (12) F.S.
Law Implemented 287.012 (12) F.S. History — New 8-24-04.
Section 287.056 of the Florida Statutes governs Agencies' use of the Contract. Others may seek
Department approval under section 287.042(2)(a) as an eligible user of the Contract.
f. "Contractor" means any person who contracts to sell commodities or contractual services to an agency.
3.3 Who May Respond
Fully capable dealers, distributors, and manufacturers who are regularly engaged in the sale of laboratory and
safety supplies and equipment and who are in good standing with the State of Florida, meet the terms, conditions,
and specifications of the solicitation, and which possess the financial capability, experience, and personnel
resources to provide products and services of the scope and breadth described in this ITB. Reminder: Successful
Contractor(s) must have the ability to supply and service equipment to State Agencies and eligible political
subdivisions, as requested, regardless of geographic location within the State of Florida.
Respondents who bid may use their authorized dealer networks to fulfill the requirements of the Contract.
However, in each and every case, the Respondent, not the distributor, will be held accountable for performance.
under the Contract and shall be the focal point for all performance issues. Only the authorized dealers listed in
the solicitation Response will be eligible to provide products on behalf of the manufacturer through this
solicitation.
By submitting a Response, each Respondent certifies that it satisfies all criteria specified in the solicitation
documents. The Department may request, and the Respondent shall provide, supporting information and / or
documentation. Failure to supply supporting information and / or documentation within the timeframe
requested may result in disqualification of bid.
The Department and Eligible Users retain the right to request additional information pertaining to the
Respondent's ability and qualifications to accomplish all services described in this ITB as deemed necessary
during the ITB or after Contract award.
3.4 Estimated Expenditure
Historically. the State of Florida Agencies and other eligible users have expended approximately twelve
million dollars ($12,000,000) annually for the acquisition of products and services covered in this ITB. Past
expenditures are no guarantee of future sales. These estimated figures are given only as a guideline for
preparing your ITB Response and should not be construed as representing guaranteed sales under the Contract.
3.5 Period of Agreement
This agreement shall be in effect from the start date of the Contract for an initial period of sixty (60) months,
with the potential for renewal. Renewal is contingent upon satisfactory performance by the Contractor.
3.6 Basis for Award
The Department will evaluate Responses against all criteria set forth in the Invitation to Bid. The Department
shall award the Contract to the lowest, most responsible and responsive Respondent, with price being the
controlling criterion, which the Department determines will provide the best value to the State.
The Department reserves the right to accept or reject any and all Responses, or separable portions, and to waive
any minor irregularities, technicality, or omission if the Department determines that doing so will serve the
State's best interest.
The Department reserves the right to award by line item, product group, or to a single or multiple Respondents
on a Statewide basis if it is determined that doing so will serve the State's best interest. The Department
reserves the right to reject pricing that is greater than pricing offered on the current awarded State Contract or to
other potential Customers (e.g., city, county, university, national Contracts, GSA federal Contracts, etc).
However, it is the desire of the State to award to one single vendor, should pricing and product line offered be
sufficiently competitive.
Current State Contract pricing may be viewed at the following website:
http://dms.mvflorida.com/dms/purchasing/State Contracts_agreements and_price lists/State term Contracts/la
boratory_suppl ies_and_equipment
The percent discount from list price that applies to the Manufacturer's/Supplier's price list will be calculated
automatically on results tab of the price sheet. The results of the weighted score can be located on the tab entitled
"Results".
Pricing for each product group will be weighted by spend volume. The weight factors supplied on the price sheet are
derived from the relative sales quantity to state agencies of the high volume items specified on the price sheet. The weight
factors are as follows:
' �r
Class `�
Wes,
Factor _.
Class la
5.8%
Class lb
1.5%
Class 2
6.7%
Class 3
0.1%
Class 4
2.8%
Class 5
38.3%
Class 6
14.7%
Class 7
16.7%
Class 8
13.4%
All items in a class must be bid on the spreadsheet entitled "Price Sheet #2". The yellow spaces (cells) on the price sheet
are the places where the bidder is required to supply bid data. Additionally, the class tabs must be completed for each
product listed that the Respondent currently offers. The following information must be supplied on the bid price sheet for
each category bid: The current list price per item (labeled as "actual price"). the percentage discount bid to the State
through this solicitation, and the overall actual "contract price" offered to the State of Florida.
3.7 Addendums to the Solicitation Documents
The Department reserves the right to issue addendums to the solicitation. Notice of any addendums will be
posted within MyFloridaMarketPlace and the Vendor Bid System. Such notice, if required, will contain the
appropriate details for identifying and / or reviewing the formal changes to the solicitation. Each Respondent is
responsible for monitoring the site(s) for new or changing information concerning this solicitation.
3.8 Price
Respondents shall submit, via the on-line electronic procurement system, the Price Sheet provided in the
solicitation. The Price Sheet provides a method for offering percentage discounts (Sheet 1) off MSRP for
Classes 1 through 9 and provides a method of comparing pricing on 180 past purchased items (Sheet 2). Failure
by the Respondent to complete and submit both sheets in the price workbook will result in its bid being
disqualified.
Prices shall be submitted in the form of a single, fixed discount per class off manufacturer's suggested retail
price List (MSRP) in effect at the time of the solicitation due date with current Contract pricing and GSA
discount structure or better preferred. All purchase prices shall include FOB destination.
For the price comparison component, Bidders may bid alternate brands that comply with the specifications of
the brands listed. Submit with bid submittal a letter explaining any product deviations and/or changes. The
percentage discount bid for each class on the price sheets shall apply to the entire Contractor's Price List for
that class on any Contract resulting from this bid.
Discount structure offered under the current State term Contract (#490-000-03-1) through awarded vendor
Fisher Scientific Company LLC is as follows:
Class
Description
State
Discount
Political
Subdivision
Discount
1 a
Laboratory Chemicals
71.0%
52.0%
1b
Fine Organic Chemicals
18.0%
12.0%
2
Culture Media
30.0%
18.0%
3
Plasticware, Sterile
38.0%
25.0%
4
Glassware
43.1%
26.0%
5
Miscellaneous Expendable Supplies
47.0%
28.0%
6
Miscellaneous Equipment
30.8%
16.0%
7
Biotechnology Products
20.0%
10.0%
8
Safety Equipment and Products
25.5%
15.0%
Additional Quantity Discount for orders totaling
$15,000 or greater
1.0%
1.0%
The Bidder shall provide copies of its comprehensive price list as part of the submittal Response on a CD in an
Excel format for all products. Price list will include item description, model number, manufacturer's suggested
retail price, percentage discount off retail, contract purchase price, and unit of measure item is sold in.
Percentage discount per class used for product calculations must be the same for the life of the Contract. The
State must be able to understand how pricing was derived in order to calculate future pricing when new
products are added to the Contract. Note: The price list submitted with Response will be used by Agencies and
eligible users for purchase under this Contract. All prices must be listed on a per unit basis, and all prices are
binding. Vendors are encouraged to offer larger discounts to qualified ordering entities for large, one-time,
single orders.
3.9 Electronic Posting
Offers shall be opened on the date and time indicated on the Event Timeline and thereafter evaluated. Prices
will not be read, pursuant to Section 119.071(1)(b) [Supersedes reference in paragraph 2.11, Section 2 General
Instructions to Respondents (PUR 1001)] of the Florida Statutes. On the date indicated on the Timeline, the
Department shall electronically post a Notice of Intended Award in MyFloridaMarketPlace and also in the State
vendor bid system at http://fcn.State.fl.us/owa vbs/owa/vbs_www.main_menu. If the award is delayed, in lieu
of posting it on the date indicated on the Timeline, the Department 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 Department a notice of protest within 72 hours after the electronic posting. The Department shall not
provide notices of award by telephone.
3.10 Submission of Response
. Submittal of Bid
Potential Respondents to the solicitation are encouraged to carefully review all the materials contained
herein and prepare their Responses accordingly. Respondents will submit their Responses via the
MyFloridaMarketPlace (MFMP) eProcurement Sourcing Tool located at
https://sourcing.myfloridamarketplace.com. The Response shall include all appropriate forms located
within the MyFloridaMarketPlace Sourcing Tool RFX Info Section. All required or requested question
Responses, documents, files, location information, and pricing shall be entered electronically into the
MyFloridaMarketPlace Sourcing Tool for this solicitation as indicated. If no indication for submission is
provided for required or requested documents or files, or if instructions to mail a specific document or file
are provided, then those specific documents or files only shall be mailed to the attention of the Contact
Person in Section 3.1 of the solicitation.
In addition to the submittal in the MyFloridaMarketPlace Sourcing tool, submit three (3) electronic copies
of the Response and all attachments (on CD-ROMS) in a sealed enveloped. The outer packaging for all
mailed documents shall clearly state: Solicitation Title and Number (Laboratory and Safety Supplies and
Equipment, ITB No. 9-490-000-G), and the ITB Responses Due Date and Time from the Timeline in
Section 1.2 of the solicitation. Failure to provide all required information within the solicitation Response
may result in rejection of the Response. Each Respondent is responsible for ensuring its Response is
delivered at the proper time and to the proper location. The Department will not consider late submissions.
ALL RESPONSES MUST BE RECEIVED AT STATE PURCHASING, 4050 ESPLANADE WAY,
TALLAHASSEE, FL 32399 AT OR BEFORE 2 P.M. ON THE DATE AND TIME SPECIFIED ON
THE TIMELINE.
In the event a Respondent submits more than one Response in the MyFloridaMarketPlace Sourcing Tool,
only the last Response received by the system shall be considered for award. Previous Responses will not
be visible to the State of Florida. Responses not submitted within the System shall be rejected. The System
will require Respondents to review the Bid Checklist Form and confirm that they have completed all
required activities before accepting offer. The Bid Checklist Form (Attachment J) does not relieve the
Respondent of responsibility for ensuring that all requirements of the solicitation are included with the
solicitation Response. The Bid Checklist Form does not have to be provided with the Response.
Each Respondent is responsible for ensuring that the offer is submitted before the submittal deadline noted
on the Timeline in Section 1.2 of the solicitation. The Department shall not consider late offers and the
System WILL NOT accept offers after the due date and time specified in the Timeline or as amended by the
Department. ALL OFFERS MUST BE SUBMITTED IN THE MYFLORIDAMARKETPLACE
SOURCING TOOL BY THE DATE AND TIME SPECIFIED ON THE TIMELINE.
b. Prices and Discounts
Product pricing shall be submitted in the location and format provided in the Price Sheet of the solicitation.
A discount shall be provided for each requested class and the sample price list shall be filled out for
comparison purposes using that discount structure. Respondents shall bid all items. All prices shall be in
USD ($; e.g., $1.00) and single fixed discount per class shall be in a percentage (%; e.g., 75%) format.
Respondents shall provide two (2) copies of their current MSRP List as part of the solicitation package on a
CD as a Microsoft Excel document. The price List shall identify all supplies and equipment offered by
Respondent. The MSRP list provided must show, at a minimum, the manufacturer's item number, product
description, manufacturers suggested retail price, price list date; effective period and must be publicly listed,
available, and verifiable by the Department. The list shall be mailed to the person identified in Section 3.1
of the solicitation.
Respondents shall submit a completed Savings / Price Reductions Form (Attachment A) for the bid in order
to assist the Department in verifying the Prices and Discounts submitted.
d. Ordering Instructions
Respondent shall submit a completed Ordering Instructions Form (Attachment B) identifying the persons
responsible for answering questions about the Response and persons responsible for administering the
Contract, if awarded, and shall provide information necessary for placing orders under the Contract, if
awarded.
In the event that the Contract is awarded, it is the sole responsibility of the awarded vendor to ensure the
accuracy and content of the Ordering Instructions Form (Attachment B). Should the information listed on
the Ordering Instructions Form (Attachment B) change, the awarded vendor must resubmit an updated
completed Ordering Instructions Form to the contact person listed in Section 3.1 of this solicitation as a
Microsoft Word document attachment via email.
e. Contract Signature Page
Respondent shall submit a completed and executed Contract Signature Page (Attachment F) with its Response by mail
to the contact person listed in Section 3.1 of the solicitation. The submission of the Contract Signature Page does not
signify, imply, or guarantee award of the Contract, but may be used if the Respondent is awarded the Contract.
3.11 MyFloridaMarketPlace Solicitation Overview
The Department uses the MyFloridaMarketPlace system ("MFMP") to receive Responses to solicitations electronically.
a. MyFloridaMarketPlace Vendor Registration Application
Vendors must have a revised, current, and complete Vendor Registration Application identified on the
MyFloridaMarketPlace Vendor Registration System at:
https://vendor.mvfloridamarketplace.com/.
If the Respondent has 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 Response.
b. MyFloridaMarketPlace Sourcing Tool Training
This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool. Optional training on
how to respond to this solicitation electronically is offered at:
http://dms.myflorida.com/business operations/state purchasing/mytorida marketplace/vendors/vendor trai
ning.
• For all technical questions about the Sourcing Tool, Vendors should contact the MyFloridaMarketPlace
Customer Service Desk at 866-FLA-EPRO (866-352-3776) or:
vendorhelp@mvfloridamarketplace.com.
mvfloridamarketplace.com.
• For additional information or assistance on using the Sourcing Tool, please visit the
MyFloridaMarketPlace website at the following link:
http://dms.myflorida.com/business_operations/state purchasing/myflorida marketplace/vendors
c. MyFloridaMarketPlace Sourcing Tool Tips
When working in the Sourcing tool, be aware of the twenty (20) minute time-out function in the tool. This means that
one should save his or her work (click the SAVE button) at intervals of less than twenty (20) minutes to ensure the
entries since the last saving are not lost.
Please note that clicking the SAVE button within the Sourcing Tool only saves the solicitation Response.
The SAVE button does not transmit the solicitation Response to the State. In order to transmit the
solicitation Response to the State, click the SUBMIT button on the SUMMARY page of the solicitation
Response.
After clicking the SUBMIT button, it is the Respondent's responsibility to check any submitted Response within the
Sourcing Tool to verify that the Response is accurately and completely captured within the Sourcing Tool. Respondents
must do this while there is sufficient time remaining in the Solicitation period in the event an error is discovered and one
needs to resubmit a revised Response.
To validate the Response, do the following before the Solicitation period ends:
• Go to the "My Bids / My Responses" tab within the Sourcing Tool after submitting the Response.
• Click on the Response ID number of the last submitted Response.
• Review entire Response to make sure all Responses are complete, accurate, and as intended for submission.
• Minimum areas to check are:
• Text boxes — Is the entire answer viewable?
• Yes/No questions — Is the displayed answer correct?
• All uploaded document files — Can the attached document(s) be opened and clearly viewed in its
entirety? Does the content of the file(s) match the Response within the tool (e.g., not an earlier
version or working copy)?
• Pricing and Other Information — Are all prices and other information intended for submission visible
and accurately captured within the Sourcing Tool?
• Required hems - Are all items listed on the Bid Preparation Checklist completed as required within
the Sourcing Tool?
It is strongly recommended not to wait until the last minute to upload and validate the Response to
this or any solicitation.
d. MyFloridaMarketPlace Email Notification
Vendors are reminded that the Sourcing Tool's Email Notifications are an option provided as a courtesy.
The State of Florida is not under any obligation and does not guarantee that Vendors will receive Email
Notifications concerning the posting, amendment, or closing of solicitations. Vendors are responsible for
checking the MyFloridaMarketPlace Sourcing Tool and / or the Vendor Bid System for information
and updates concerning solicitations.
3.12 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.
3.13 Order of Precedence
Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein
and prepare Responses accordingly. 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
• Price Sheets
• Special Instructions
• Special Conditions
• General Instructions to Respondents (PUR 1001)
• General Contract Conditions (PUR 1000)
• Forms
The Department 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.
This Section supercedes Section 2.4, Terms and Conditions, of this Solicitation.
3.14 State Objectives
a. One Florida Initiative
Florida is a State rich in its diversity. Governor Bush's One Florida Initiative is dedicated to fostering the
continued development and economic growth of small, minority, and women -owned businesses. Central to
this initiative is the participation of a diverse group of Vendors doing business with the State.
To this end, it is vital that minority and women -owned business enterprises participate in the State's
procurement process as both prime Contractors and subcontractors under prime Contracts. Small, minority,
and women -owned businesses are strongly encouraged to submit replies to this solicitation.
To track the success of the One Florida Initiative, which has achieved substantial gains in extending
opportunity to minority- and women -owned businesses, the State of Florida maintains data to establish
benchmarks from which to measure Contractor diversity in State Contracting. Vendors who contract with
the State are obligated to provide information related to the use of minority- and women -owned businesses
and subcontractors.
The Respondent shall submit documentation addressing the Governor's One Florida Initiative and
describing the efforts being made to encourage the participation of small, minority, and women -owned
businesses. The Contractor Workplan Form (Attachment C) shall be submitted via the Sourcing Tool.
Please refer to the Governor's "Equity in Contracting Plan" when preparing this documentation:
http://www.oneflorida.orb/mvflorida/government/governorinitiatives/one florida/equity Contracting.html
Equity in Contracting documentation should identify any participation by diverse Contractors and
Contractors as prime Contractors, subcontractors, Vendors, resellers, distributors, or such other participation
as the parties may agree. Equity in Contracting documentation shall include the timely reporting of
spending with certified and other minority business enterprises. Such reports must be submitted at least
quarterly and include the period covered, the name, minority code, and Federal Employer Identification
Number of each minority vendor utilized during the period, commodities, and services provided by the
minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing
Department ordering under the terms of this Contract.
In furtherance of the One Florida Initiative, responders are encouraged to seek the participation of Certified
Minority Business Enterprises (CMBE). Information on the One Florida Initiative and CMBE's is available
from the Office of Supplier Diversity at http://osd.dms.State.fl.us.
b. Environmental Considerations
The State supports and encourages initiatives to protect and preserve our environment. The Respondent
shall submit as part of any proposal the Respondent's plan to support the procurement of products and
materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Respondent shall
also provide a plan for reducing and or handling of any hazardous waste generated by the responding
company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida
Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain
threshold must have a valid and current Hazardous Waste Generator Identification Number. This
identification number shall be submitted as part of Respondent's explanation of its company's hazardous
waste plan and shall explain in detail its handling and disposal of this waste.
The Respondent shall submit documentation addressing Environmental Considerations via the Contractor
Workplan Form (Attachment C), which shall be submitted via the Sourcing Tool.
c. Certification of Drug -Free Workplace Program
The State supports and encourages initiatives to keep the workplaces of Florida's businesses and
Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie Responses
are received. preference shall be given to a Response received from a Respondent that certifies it has
implemented a drug -free workforce program. If applicable, Respondent shall certify that it has a drug -free
workplace program using the "Certification of Drug -Free Workplace" form included in Section 7.0 of this
solicitation.
The Respondent shall submit documentation addressing the Certification of Drug -Free Workplace Program
via the Certification of a Drug Free Workplace Program Form (Attachment E), which shall be submitted via
the Sourcing Tool.
d. Products Available from the Blind or Other Handicapped (RESPECT)
The State supports and encourages the gainful employment of citizens with disabilities. It is expressly
understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be
purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to
Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section
413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business
entity carrying out the provisions of this Contract shall be deemed to be substituted for the State Agency
insofar as dealings with such qualified nonprofit department are concerned. Additional information about
the designated nonprofit department and the products it offers is available at
http://www.respectofflorida.org.
The Respondent shall describe how it will address the use of RESPECT in offering the items in this
solicitation through completing the Contractor Workplan Form (Attachment C) and submitting it via the
Sourcing Tool.
e. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)
The State supports and encourages the use of Florida correctional work programs. It is expressly
understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall
be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the
same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this Contract the person,
firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted
for the State Agency insofar as dealings with such corporation are concerned. Additional information about
PRIDE and the products it offers is available at http://www.pride-enterprises.org/.
The Respondent shall describe how it will address the use of PRIDE in offering the items in this solicitation through
completing the Contractor Workplan Form (Attachment C) and submitting it via the Sourcing Tool.
3.15 State of Florida Purchasing Card Program
The State has implemented a purchasing card program through Bank of America, using the Visa network.
Contractors will receive payment from the purchasing card in the same manner as other Visa purchases.
Accordingly, bidders must presently have the ability to accept Visa for any purchase or payment or take
whatever steps necessary to implement the ability before the start of the contract term. The State will not fill
out any contractor forms or contracts in association with contractor accepting a purchasing card payment. The
State reserves the right to revise this program in conjunction with implementation of an on-line procurement
system.
On-line billing or payment systems maintained by the contractor will not store the cardholders account number
and expiration date for reuse. Cardholders will provide the Contractor with card account information at the
point of sell for each occurrence.
3.16 Documentation Becomes the Property of the State
All documentation produced as part of this solicitation shall become the exclusive property of the State.
Documentation may not be removed by the Respondent or its agents and will not be returned to the Respondent.
Selection or rejection of a reply shall not affect this right.
3.17 Substitutions
Prior written approval of State Purchasing is required for substitution of any equipment. The State retains sole
discretion to accept and approve such requests when deemed to be in the State's best interest.
3.18 Political Subdivisions and Other Cooperative Purchasing Participants
Non -State Agency participants are responsible for ensuring that the purchase order issued reflects the correct Contract
item pricing and that payment is processed accordingly. Note that only these items / services specified in the State
Contract may be purchased from the Contract vennor(s) of record, unless otherwise specified. Participants assume full
responsibility for all purchase transactions issued through this State Contract, including purchase order, delivery
compliance, and payments.
3.19 Quality
All products offered under this Contract shall be new, unused, of current production, and of the latest design
and construction. Used, rebuilt, remanufactured, shopworn, demonstrator, discontinued, or prototype items
shall not be offered. All products and services supplied shall comply with customary, reasonable, and prudent
standards of professionalism and care in the industry.
All products, equipment, merchandise, and miscellaneous material bid shall comply with applicable
requirements and standards of the Occupational Safety and Health Act and applicable Florida codes.
Respondent warrants that all products, equipment, materials, and workmanship furnished, whether furnished by
bidder or its sub -suppliers, will comply with its and the product specifications, drawings and other descriptions
supplied or adopted, and will be new, fit and sufficient for purpose for which they are intended, of good
materials, design and workmanship and free from defects or failure.
Respondents may be required, at no expense to the agency, to make available for test / demonstration, material
or equipment equal in all aspects to the solicitation, and/or equal material or equipment that may be seen under
operating conditions.
3.20 Occupational Health and Safety
In compliance with Chapter 442, Florida Statutes, any item delivered from a Contract resulting from this
solicitation must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by
the user Agency and must include the following information:
• The chemical name and the common name of the toxic substance.
• The hazards or other risks in the use of the toxic substance, including:
a. The potential for fire, explosion, corrosivity, and reactivity;
b. The known acute and chronic health effects of risks from exposure, including the medical
conditions which are generally recognized as being aggravated by exposure to the toxic
substance; and
c. The primary routes of entry and symptoms of overexposure.
• The proper precautions, handling practices, necessary personal protective equipment, and other safety
precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in
case of overexposure.
• The emergency procedure for spills, fire, disposal, and first aid.
• A description in lay terms of the known specific potential health risks posed by the toxic substance intended
to alert any person reading this information.
• 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.
3.21 Lobbying
In accordance with Section 216.347, Florida Statutes, and as provided herein, the Service Provider or
Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the
executive branch, or any State Agency. This restriction does not apply to requests of the Service Provider or
Contractor to provide any information relating to any aspect of this Contract, if requested by any legislative,
judicial, or executive branch, or any State Agency.
3.22 Great Seal of Florida
Use of the Great Seal is permitted only as provided in section 15.03, F.S., and rule 1-2.0021, F.A.C. Violation
of these provisions would be in contravention of law and rule and may result in termination of any prospective
contract and placement of the vendor on the suspended vendor list in accord with the process provided in rule
60A-1.006, F.A.C.
SECTION 4.0
GENERAL CONTRACT CONDITIONS (PUR 1000)
CONTENTS:
4.1 DEFINITIONS
4.2 PURCHASE ORDERS
4.3 PRODUCT VERSION
4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS
4.5ADDITIONAL QUANTITIES
4.6 PACKAGING
4.7 INSPECTION AT CONTRACTOR'S SITE
4.8 SAFETY STANDARDS
4.9 AMERICANS WITH DISABILITIES ACT
4.10 LITERATURE
4.11 TRANSPORTATION AND DELIVERY
4.121NSTALLATION
4.13 RISK OF LOSS
4.14 TRANSACTION FEE
4.15 INVOICING AND PAYMENT
4.16 TAXES
4.17 GOVERNMENTAL RESTRICTIONS
4.18 LOBBYING AND INTEGRITY
4.19 INDEMNIFICATION
4.20 LIMITATION OF LIABILITY
4.21 SUSPENSION OF WORK
4.22 TERMINATION FOR CONVENIENCE
4.23 TERMINATION FOR CAUSE
4.24 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY
4.25 CHANGES
4.26 RENEWAL
4.27 PURCHASE ORDER DURATION
4.28 ADVERTISING
4.29 ASSIGNMENT
4.30 ANTITRUST ASSIGNMENT
4.31 DISPUTE RESOLUTION
4.32 EMPLOYEES, SUBCONTRACTORS, AND AGENTS
4.33 SECURITY AND CONFIDENTIALITY
4.34 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS
4.35 INSURANCE REQUIREMENTS
4.36 WARRANTY OF AUTHORITY
4.37 WARRANTY OF ABILITY TO PERFORM
4.38 NOTICES
4.39 LEASES AND INSTALLMENT PURCHASES
4.40 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE)
4.41 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED
4.42 MODIFICATION OF TERMS
4.43 COOPERATIVE PURCHASING
4.44 WAIVER
4.45 ANNUAL APPROPRIATIONS
4.46 EXECUTION IN COUNTERPARTS
4.47 SEVERABILITY
4.1 Definitions
The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms.
are also defined:
(a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties
to the Contract will be the Customer and Contractor.
(b) "Customer" means the State agency or other entity identified in a contract as the party to receive
commodities or contractual services pursuant to a contract or that orders commodities or contractual services
via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer"
may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms.
(c) "Product" means any deliverable under the Contract, which may include commodities, services, technology
or software.
(d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a
formal written purchase order, electronic purchase order, procurement card, contract or other authorized
means).
4.2 Purchase Orders
In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall
not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the
Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be
deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy
between the Contract terms and the terms stated on the Contractor's order form, confirmation, or
acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for
services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by
reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract
manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes.
4.3 Product Version
Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the
product at the time of the order, unless the Customer specifically requests in writing an earlier model or version
and the contractor is willing to provide such model or version.
4.4 Price Changes Applicable only to Term Contracts
If this is a term contract for commodities or services, the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single
orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products
offered under the Contract. State Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term. if the Customer becomes aware of better pricing offered by the
Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same
or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be
immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in
market conditions. a Contractor may conduct sales promotions involving price reductions for a specified lesser
period. A Contractor ,shall submit to the Contract Specialist documentation identifying the proposed (l) starting
and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then -
authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall
provide conspicuous notice of the promotion.
(d) Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be
negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair
market value when trading equipment, and to keep accurate records of the process. For State agencies, it may
be necessary to provide documentation to the Department of Financial Services and to the agency property
custodian pursuant to Chapter 273, F.S.
(e) Equitable Adjustment. The State may, in its sole discretion, make an equitable adjustment in the Contract
terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the
marketplace, that is, by circumstances that satisfy all the following criteria: (I) the volatility is due to causes
wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the
particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the
volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.
4.5 Additional Quantities
For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right
to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for
Category Two at the prices submitted in the response to the solicitation.
4.6 Packaging
Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate,
clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for
packing materials, cases, or other types of containers. All containers and packaging shall become and remain
Customer's property.
4.7 Inspection at Contractor's Site
The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or
plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine
whether they are adequate and suitable for proper and effective Contract performance.
4.8 Safety Standards
All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection
to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be
constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily
requires, at a minimum, identification marking of the appropriate safety standard organization, where such
approvals of listings have been established for the type of device offered and furnished, for example: the
American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National
Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association
for gas -operated assemblies. In addition, all items furnished shall meet all applicable requirements of the
Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution.
4.9 Americans with Disabilities Act
Contractors should identify any products that may be used or adapted for use by visually, hearing, or other
physically impaired individuals.
4.10 Literature
Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user
manuals, price schedules, catalogs, descriptive brochures, etc.
4.11 Transportation and Delivery
Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation
of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A
Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential
delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and
Contractor suspension.
4.12 Installation
Where installation is required, Contractor shall be responsible for placing and installing the product in the
required locations at no additional charge, unless otherwise designated on the Contract or purchase order.
Contractor's authorized product and price list shall clearly and separately identify any additional installation
charges. All materials used in the installation shall be of good quality and shall be free of defects that would
diminish the appearance of the product or render it structurally or operationally unsound. Installation includes
the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper
location. Contractor shall protect the site from damage and shall repair damages or injury caused during
installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required
to achieve installation, the Contractor shall promptly restore the structure or site to its original condition.
Contractor shall perform installation work so as to cause the least inconvenience and interference with
Customers and with proper consideration of others on site. Upon completion of the installation, the location
and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order.
4.13 Risk of Loss
Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage
shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all
damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of
visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the
Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report.
When a Customer rejects a product, Contractor shall remove it from the premises within ten days after
notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product
shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be
deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property.
Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or
disposition of rejected product.
4.14 Transaction Fee
The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System").
Pursuant to section 287.057(23). Florida Statutes (2002), all payments shall be assessed a Transaction Fee of
one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be
automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the
Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments,
Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s)
are retumed to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a
Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform
or comply with specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and
recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS
DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED
FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN
RULE 60A-1.006, F.A.C.
4.15 Invoicing and Payment
Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor
identification number. The State may require any other information from the Contractor that the State deems
necessary to verify any purchase order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the
Department of Management Services. Current guidelines require that Contractor supply electronic invoices in
lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be
submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms —
EDI 810, cXML, or web -based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern
time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will
result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the
status of payments by State Agencies. The . Customer is responsible for all payments under the Contract. A
Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve
the Contractor of its obligations to the Department or to other Customers.
4.16 Taxes
The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The
State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees'
wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract
conditions section of the solicitation or in the Contract or purchase order.
4.17 Governmental Restrictions
If the Contractor believes that any governmental restrictions have been imposed that require alteration of the
material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall
immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right
and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the
Customer.
4.18 Lobbying and Integrity
Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection
with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit
on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of
discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at
the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more
than nominal monetary value in the form of cash, travel. entertainment, gifts, meals, lodging, loans, subscriptions, advances,
deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or
other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to
the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's
business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor
shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable
costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's
compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension
or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including
overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for
any costs of investigations that do not result in the Contractor's suspension or debarment.
4.19 Indemnification
The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees,
from suits, actions, dathages, and costs of every name and description, including attorneys' fees, arising from or
relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission
of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any
suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or
relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right,
provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of
Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated
by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the
Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense
procure for the Customer the right to continue using the product or to modify it to become non -infringing. If
the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the
product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for any royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent
upon the State or Customer giving the Contractor (I) written notice of any action or threatened action, (2) the
opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in
defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or
compromise incurred or made by the State or Customer in any legal action without the Contractor's prior
written consent, which shall not be unreasonably withheld.
4.20 Limitation of Liability
For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which
the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be
limited to the greater Hof $100,000, the dollar amount of the contract or purchase order, or two times the charges
rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the
Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to
another for special, indirect, punitive, or consequential damages, including lost data or records (unless the
contract or purchase order requires the Contractor to back-up data or records), even if the party has been
advised that such damages are possible. No party shall be liable for lost profits. Lost revenue, or lost
institutional operating savings. The State and Customer may, in addition to other remedies available to them at
law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be
necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State
may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments
due the Contractor under any contract with the State.
4.21 Suspension of Work
The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at
any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written
notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not
limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a
suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within
ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice
authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase
order. Suspension of work shall not entitle the Contractor to any additional compensation.
4.22 Termination for Convenience
The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the
Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not
furnish any product after it receives the notice of termination, except as necessary to complete the continued
portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost
profits.
4.23 Termination for Cause
The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time
specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the
Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement.
Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue
work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be
liable for any excess costs if the failure to perform the Contract arises from events completely beyond the
control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default
of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the
Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable
for any excess costs for failure to perform, unless the subcontracted products were obtainable from other
sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is
determined that the Contractor was not in default, or that the default was excusable. the rights and obligations of
the parties shall be the same as if the termination had been issued for the convenience of the Customer. The
rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by
law or under the Contract.
4.24 Force Majeure, Notice of Delay, and No Damages for Delay
The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault tior the
negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to
acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the
Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of
supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor
shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1)
within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could
reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five
(5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING
SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO
DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor
shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause
whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in
this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the
Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to
the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from
the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products
subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the products that are the subject of the delay, which
purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.
4.25 Changes
The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the
Contract specifications, provided that such changes are within the general scope of the Contract. The Customer
may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of
performance. Such equitable adjustments require the written consent of the Contractor, which shall not be
unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy
them.
4.26 Renewal
Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a
period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall
specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by
both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds.
4.27 Purchase Order Duration
Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later
than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged
to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the
contractor after close of business on the last day of the state term or agency contract's term shall be considered
void.
Purchase orders for a,one-time delivery of commodities or performance of contractual services shall be valid
through the performance by the Contractor. and all terms and conditions of the state term or agency contract
shall apply to the single delivery/performance, and shall survive the termination of the Contract.
Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted
schedule even when such extended delivery will occur after expiration of the state term or agency contract. For
example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies
delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor
will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten
(10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms
beyond the expiration of the state term contract, then the purchase order will either be amended in writing by
the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term
contract delivery schedule, or it shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance of services shall not
exceed the expiration of the state term or agency contract by more than twelve months. However, if an
extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract
terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such w ,
pricing plans and renewals.
Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all
terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as
provided herein, and shall survive the termination of the Contract.
Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the
underlying contract expires prior to the effective date of the renewal.
4.28 Advertising
Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information
concerning the Contract without prior written approval from the Customer, including, but not limited to
mentioning the Contract in a press release or other promotional material, identifying the Customer or the State
as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name
of the State or the Customer in any material published, either in print or electronically, to any entity that is not a
party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative.
4.29 Assignment
The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or
under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In
the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless
the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior
written notice to Contractor of its intent to do so.
4.30 Antitrust Assignment
The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from
antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to
the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in
connection with the Contract.
4.31 Dispute Resolution
Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract
manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be
final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the
Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject
to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative
remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute
resolution; provided, however, that the parties may employ the alternative dispute resolution procedures
outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates
to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law
shall apply and the parties waive any right to jury trial.
4.32 Employees, Subcontractors, and Agents
All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly
trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall
furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents
performing work under the Contract must comply with all security and administrative requirements of the
Customer and shall comply with all controlling laws and regulations relevant to the services they are providing
under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check
or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse
access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other
requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance
with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees,
subcontractors, or agents.
4.33 Security and Confidentiality
The Contractor shall comply fully with all security procedures of the United States, State of Florida and
Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential
information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or
employees in the course of performing Contract work, including, but not limited to, security procedures,
business operations information, or commercial proprietary information in the possession of the State or
Customer. The Contractor shall not be required to keep confidential information or material that is publicly
available through no fault of the Contractor, material that the Contractor developed independently without
relying on the State's or Customer's confidential information, or material that is otherwise obtainable under
State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its
personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract.
4.34 Contractor Employees, Subcontractors, and Other Agents
The Customer and the State shall take all actions necessary to ensure that Contractor's employees,
subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not
limited to, ensuring that Contractor's employees. subcontractors, and other agents receive benefits and necessary
insurance (health, workers' compensations, and unemployment) from an employer other than the State of
Florida.
4.35 Insurance Requirements
During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such
terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage
is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The Limits of
coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and
obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in
Florida.
4.36 Warranty of Authority
Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective
party to the Contract.
4.37 Warranty of Ability to Perform
The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding,
or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish
the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any
affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes,
or on any similar list maintained by any other state or the federal government. The Contractor shall
immediately notify the Customer in writing if its ability to perform is compromised in any manner during the
term of the Contract.
4.38 Notices
All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air
courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise
identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either
designated recipient may notify the other, in writing, if someone else is designated to receive notice.
4.39 Leases and Installment Purchases
Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter
into or to extend any lease or installment -purchase agreement in excess of the Category Two amount established by
section 287.017 of the Florida Statutes.
4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)
Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly
understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be
purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same
manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for
purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract
shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned."
Additional information about PRIDE and the products it offers is available at http://www.pridefl.com.
4.41 Products Available from the Blind or Other Handicapped
Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly
understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be
purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to
Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1)
and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out
the provisions of this,contract shall be deemed to be substituted for the State agency insofar as dealings with
such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency
and the products it offers is available at http://www.respectofflorida.org.
4.42 Modification of Terms
The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall
govern all transactions between the Customer and the Contractor. The Contract may only be modified or
amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or
representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of
the Contract terms, including substitution of product, shall be valid or binding against the Customer. The
Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon
delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms
accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the
Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The
Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for
approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.
4.43 Cooperative Purchasing
Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be
permitted to make purchases at the terms and conditions contained herein. Non -Customer purchases are
independent of the agreement between Customer and Contractor, and Customer shall not be a party to any
transaction between the Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the provisions of s.
287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the
requestor's use of the contract is cost-effective and in the best interest of the State.
4.44 Waiver
The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not
constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single
or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other
right.
4.45 Annual Appropriations
The State's performance and obligation to pay under this contract are contingent upon an annual appropriation
by the Legislature.
4.46 Execution in Counterparts
The Contract may be executed in counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument.
4.47 Severability
If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to
the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain
in full force and effect.
SECTION 5.0
SPECIAL CONDITIONS
CONTENTS
5.1 DEFINITIONS
5.2 ELECTRONIC CATALOG DATA
5.3 "PUNCHOUT" ALTERNATIVE
5.4 CONTRACTOR'S STATE CONTRACT WEBPAGE
5.5 CONTRACT REVISIONS
5.6 PRODUCT ADDITIONS AND DELETIONS
5.7 TRANSACTION FEE REPORT
5.8 PRICE ADJUSTMENTS
5.9 SALES SUMMARY REPORTS
5.10 BUSINESS REVIEW MEETINGS
5.11 CUSTOMER SERVICE SUPPORT
5.12 IMPLEMENTATION OF CONTRACT
5.13 ELECTRONIC INVOICING
5.1 Definitions
The definitions found in the General Contract Conditions, Section 4.0 of this document, shall apply to this
Section. The following additional terms are also defined:
a. "MSRP" is an acronym for the Manufacturer's Suggested Retail Price. It represents the manufacturer's
recommended retail selling price for a specific item, or list of items, and must be publicly listed, available,
and verifiable by the Department. In the event a Vendor does not create, maintain, or utilize MSRP for
specific Commodities within this solicitation, that Vendor may use its Government Book Price as the MSRP
for those specific Commodities. The Vendor must use the MSRP or Government Book Price for all items
within a specific Commodity and shall not use both within the same Commodity.
b. "Government Book Price" represents the manufacturer's pre -determined selling price for a specific item, or
list of items, to all non -Contracted government entities.
5.2 Electronic Catalog Data
The MyFloridaMarketPlace ("MFMP") third -party Service Provider, Accenture, is responsible for converting
the Contract catalog information into an electronic catalog format supported by the eProcurement System. To
accomplish this conversion, the awarded Contractor shall provide certain information in electronic format
directly to the Service Provider (This format is generally Microsoft Excel). or alternatively, the Contractor may
follow the "punchout" solution described herein.
Within ten (10) days of written notice from the Service Provider, the awarded Contractor shall provide all
information necessary to facilitate electronic purchases from this Contract. Such information may include, but
is not limited to, Contractor name, brand/manufacturer, SKU, product name, brief description (for supplies,
include what machine product is for), unit of measure, and price. Contractor shall provide this information in
the format required by the Service Provider. No costs or expenses associated with providing this information
shall be charged to the Department. Eligible Users, or Service Provider. With the Contractor's timely
assistance, the Service Provider shall create and maintain web -based placement of the requested Contract
information.
The Contractor is required to provide its catalog data electronically using the State's eProcurement system
either through the Electronic Catalog or Punchout Alternative option. After the Contract has been awarded, the
Contractor will have up to thirty (30) days to either (a) load data into the ARAVO electronic catalog system or
(b) establish a State Contract punchout website.
5.3 "Punchout" Alternative
The Contractor may offer. as an alternative to the Electronic Catalog, an online "punchout" solution, in which
the Agency accesses the Contractor's website directly from the system, rather than the system maintaining the
Contractor's data. This solution must allow the Agency to reach the Contractor's site, browse for Contracted
items only, and return to the system with a list of items ready to be inserted into a requisition. If Contractor
selects this alternative, it must meet the following requirements:
• The solution must conform to cXML 1.0 or 1.1 standards.
• The solution must conform to the technical specifications and implementation requirements provided by
Accenture, and the Contractor must work with Accenture to ensure successful integration of the punchout
solution into the system
• The solution must have the capability to provide only those products awarded under the Contract, and block
any non -Contract item(s) from being added to the requisition.
5.4 Contractor's State Contract Webpage
The Contract resulting from this solicitation will become a public document. State Purchasing is using
http://myflorida.com on the Internet World Wide Web (www) to distribute State Term Contracts and product
information to eligible users and other interested entities.
For the "Punchout" alternative option, the Contractor shall, within thirty (30) days after the date of award listed
on the Certification of Contract document, develop and maintain a State Contract web page on the Internet to
post approved Contract information, which shall include price lists, percentage discounts, terms, catalogs,
ordering instructions, descriptive information, and product pictures. The Home Page must be compatible with
the most recent version of browser software being used by State Purchasing. As of the writing of this
solicitation, Internet Explorer 6.0 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. The Universal Resource
Locator (URL) for the Internet Home Page must be listed in the space provided on the Ordering Instructions
page of the solicitation. No costs or expenses associated with providing this information shall be charged to the
State.
The State Contract vendor supplied web site must have the following requirements:
• State of Florida approved Contract price list;
• Detailed item descriptions, model numbers, unit of measure;
• Robust search engine capabilities;
• Additional links or information to access product literature of awarded items;
• Additional links to the vendor's home page, the history of the company, etc.;
• Additional links to access technical product literature of awarded items;
• Servicing dealers with current contact information;
• Offer as many photos as possible of awarded products;
• When possible, provide indicators of recycled product and minority manufactured products; and
• Universal Resource Locator (URL) for the Internet Page must be supplied to the Department prior to the
implementation of the Contract.
No changes in items and pricing may be posted to the Contractor maintained website without prior written
approval from State Purchasing. Failure to follow this critical requirement may be grounds for termination and
removal from the Contract.
In addition, except i,n the event of unforeseen technological interruptions or forces of nature, continued
disruption of service or inadequate access may be grounds for termination and removal from the Contract.
5.5 Contract Revisions
Although the Contractor is responsible for maintaining its own Contract information through its State Contract
Web Page, any revisions to the originally approved Contract information must be authorized in writing by State
Purchasing prior to implementation. A State Contract Change Form (Attachment L) is included in Section 7.0,
Forms, of this document and should be submitted with any request to revise the website; i.e. pricing, products,
ordering instructions, or servicing dealers list. Upon review to the Contractor's 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 the Contract may be canceled due to non-compliance.
5.6 Product Additions and Deletions
The awarded Contractor may amend the Contract Price Sheet to add or delete line items to accommodate new or
obsolete items to its catalog two (2) times per year (January and July) with the prior written approval of the
Department. Any proposed product additions shall be offered at the Contracted percentage discount from the
manufacturer's current MSRP and verifiable at the time of the requested addition. Additionally, the Prices for
new items, per line item, shall not exceed the current Manufacturer's current MSRP or Government Book Price.
Any proposed product additions offered shall satisfy all criteria specified in the solicitation documents and the
terms of the Contact.
The Contractor shall advise the Department of a request for Product Additions / Deletions in writing and
received by the Department no later than thirty (30) days prior to the effective date of the proposed change(s) in
the Contract Price Sheet content. No changes to the Contract Price Sheet are permitted without the prior written
approval of the Department. The Department may, in its sole discretion, prohibit any requested change or direct
a Contractor to undo any change already made. In addition, the Department may direct rescission of any
purchase order entered into on the basis of unauthorized lists. Changes to the Contract Price Sheet or to related
information (e.g., ordering information) shall not be deemed Contract amendments.
5.7 Transaction Fee Report
The Contractor is required to submit monthly Transaction Fee Reports in electronic format in association with
1% Transaction Fee outlined in Section 4.15. For information on how to submit Transaction Fee Reports
online, please reference the detailed fee reporting instructions and Vendor training presentations available
online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the
MyFloridaMarketPlace website (located at http://dms.myflorida.com/mfmp). Assistance is also available with
the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at
feeprocessinggrufloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM
to 5:30 PM Eastern Time.
5.8 Price Adjustments
Prices shall be firm against increase for twelve (12) months from the original effective date of the Contract.
After this period, requests for increase or decrease may be submitted to the State if there has been, or is, a
documented increase (or decrease) in cost, with the State reserving the right to accept or reject request within
thirty (30) days after the receipt of request. Price increase or decrease may be requested by either party one (1)
time per year, ninety (90) days prior to the Contract anniversary date by using the Producer Price Index (PPI)
for Industry: Laboratory Apparatus & Furniture. as published by the U.S. Bureau of Labor Statistics. The rate
adjustments will be based on the PPI (Series ID PCU339111339111).
The last published non -preliminary Producer Price Index for the month prior to award / anniversary date of the Contract will
be the reference date for the, beginning (old) PPI Index. The most recent published Producer Price Index prior to the Contract
year to be priced will establish the reference data for the New PPI Index.
The price escalation / de-escalation formula will be tied to the change in the commodity for Laboratory
Apparatus & Furniture, PPI Series ID PCU339111339111. The formula is calculated by dividing the New PPI
Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price
Escalation Rate to determine the New Price. This formula applies after Year 1 of the Contract and on each
subsequent anniversary of the Contract effective date.
Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and
following the below steps:
• Go to BLS website: http://www.b1s:aov/ppi/
• Navigate to the "Get Detailed PPI Statistics" section
• Select "Create Customized Tables (one table)"
• Click on the link titled "Industry Data"
Type "339111" in the "Select An Industry" box for the Laboratory Apparatus & Furniture category and hit
the adjacent "Find" button.
Select "339111339111" for Laboratory Apparatus & Furniture in the "Select One or More Products" box
and hit the adjacent "Find" button.
ISeries
Industry:
Product:
;Base Date:
Year !
Id: PCU339111339111
Laboratory apparatus
Laboratory apparatus
9112
Jan Feb Mar
and furniture
and furniture
Apr May
Jun
Jul Aug
Sep
Oct I
Nov Dec Annual
1996
116.0
115.8
115.9
116.1
116.4
116.7
116.6 116.8
116.8
116.8
116.8
116.8
116.5
1997
118.7
118.8
119.0
119.1
118.9
119.4
119.5
119.5
119.9
119.9
119.9
119.9
119.4
1998
121.3
121.3
121.3
122.2
122.2
' 122.3
122.4
123.1
123.1 "
123.2
123.2
123.2
122.4
1999 '
123.7
124.5
124.6 `
124.6
124.9
125.1
125.1
125.2
125.2
125.3
125.3
125.0
124.9
2000
=
2002 f
126.3
127.0
127.0
126.4
126.2 '
127.2
127.2 127.2
127.2
127.9
127.9
127.9
127.1
128.7
128.8
129.1
129.3
129.7 129.7
129.7
129.7
129.7
129.7
129.6
129.6
129.4
131.1
131.5
131.4
132.0
132.0
132.5
133.4
133.4
133.5
133.8
133.8
133.9
132.7
2003
135.5
136.5
136.5
137.5
137.5
137.5 `
137.7
137.7
137.7
137.8
137.8
137.7
137.3
138.9
139.5 '.140.4
140.8
140.0
140.1
142.2 '142.1
141.9
142.5
142.1
143.6
141.2
2005
145.9
146.5 h46.2
1
147.8
148.1
148.3
148.4 1 148.4
148.4
149.0 !
149.9
149.8(
'..
P}
148.0(P
)
2006 ,150.6(P
)
151.7(1151.5(
P) IP)
P: Preliminary. All indexes are subject to revision four months after original publication
A table similar to the one shown below will be created.
Example:
Feb 2004 is the first year anniversary of the Contract
Old PPI: Jan 2004 PPI = 138.9
New PPI: Jan 2005 PP1= 145.9
Price Escalation / De-escalation Formula:
New PPI / Old PPI = Price Escalation Rate
"Old Price" x "Price Escalation Rate" = New Price (rounded up to the nearest %)
Calculation:
145.9 = 138.9 = 1.0503959 which equates to a Price Escalation Rate of 5.03%
$50.00 (unit price) x 1.0503959 = $52.51 (New unit price for this product)
Any increases accepted during the term of the Contract shall not become effective until thirty (30) days after the
State provides written approval of request. All requests for price adjustments must be substantiated by
manufacturer's certification of cost or other documentation and approved by State prior to implementation.
There can only be one rate adjustment per twelve (12) month period, and the maximum net rate percentage
increase or decrease per twelve (12) month period shall not exceed (five) 5.0%.
5.9 Sales Summary Reports
The following data must be reported to the Department on a quarterly and annual Contract basis: Report shall
include:
• Contractor's Name;
• Reporting Period;
• Total dollar value of purchases per quarter separated by State Agency and Eligible User totals;
• Total dollar value of purchases per quarter separated by product group;
• Excel report itemizing total purchases for period that includes columns for the following information:
manufacturer's name, agency name, product number, item description, product group number, identify lease
or purchase status, unit of measure, quantity, manufacturer list price, percentage discount taken and final
purchase price; and
• Emphasis where the most significant purchase volumes are by product group.
Failure to provide quarterly and annual sales reports, including no sales, within thirty (30) calendar days following
the end of each quarter (January, April, July and October) and/or Contract year may result in the Contract supplier
being found in default and cancellation of the Contract by State Purchasing.
Upon request, the Contractor shall report to the Department, the spend with certified and other minority
business enterprises. Reports must include the period covered, the name, minority code, and Federal Employer
Identification Number (FEIN) of each minority vendor utilized during the period, commodities and services
provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each
purchasing Agency ordering under the terms of this Contract.
Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor without
prompting or notification by the Purchasing Analyst. The Contractor will submit the completed Contract Sales
Summary forms by email to the Purchasing Analyst. The Department shall distribute, in electronic format, the
Contract Sales Summary forms to be used by the awarded Contractor upon Contract signature.
5.10 Business Review Meetings
In order to maintain the partnership between the Department and the Contractor, each quarter the Department
may request Business Review meetings. The business review meeting may involve, but not be limited to, the
following:
• Review of Contractor performance
• Review of minimum required reports
• Review of continuous improvement plans
The Department encourages Contractors to identify opportunities to generate lower costs. A continuous
improvement effort, consisting of various ideas to enhance business efficiencies, may be discussed 'at the
Business Review meetings or as identified.
5.11 Customer Service Support
The awarded Contractor must provide a salesman to visit and service, on a bi-weekly basis, those accounts that
purchase in excess of $50,000.00 per year from any Contract resulting from this solicitation.
The awarded Contractor shall have a single point of contact for customer support. This individual may support
multiple Customers and respond to Customer calls and / or emails within twenty-four (24) hours. Customer
Support contact information shall be provided on the Ordering Instructions form. The Contractor shall make all
Customers of the Contract aware of its existence at the time of order to ensure that Contractual pricing is
utilized.
The Contractor shall provide toll -free customer service phone support from 8:00 AM (EST) to 5:00 PM (EST)
Monday through Friday, except for National and State recognized holidays. TDD (Telecommunication Device
for the Deaf) access must be made available during the above customer service operating hours.
The Contractor shall provide an after-hours contact number for use by Customers, for emergency purposes only,
after standard customer service operating hours.
5.12 Implementation of Contract
Within ten (10) calendar days after date of award on Certification of Contract document, the Contractor shall
provide the Department with (1) a general order information in a Microsoft Word format that explains how
customers can order goods and services under this Contract, three (3) copies of an itemized price list in
Microsoft Excel format for all items awarded, and three (3) copies of an Excel document supplying a Price List
that will list all products by manufacturer, manufacturer part number, description, unit of measure, retail unit
cost, specific discount off MSRP list, and actual Contract unit price and/or implementation of a State Contract
website that includes all products and Contract prices where customers can obtain product information needed
to place orders of this Contract.
5.13 Electronic Invoicing
Notwithstanding any provision, of the Contract, the Contractor shall supply electronic invoices in lieu of paper -based invoices
for those transactions processed through the State's eProcurement system. Electronic invoices shall be submitted to the
Agency through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based
invoice entry within the ASN.
For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to
and hereby grants the State and Accenture, a State Contractor, the right and license to use, reproduce, transmit,
distribute, and publicly display within the system the information outlined above. in addition, the Contractor
warrants and represents that it is authorized and empowered to and hereby grants the State and Accenture the
right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos,
trade dress, or other branding designation that identifies the products made available by the Contractor under
the Contract. If the Contractor is not the manufacturer, it shall be the Contractor's responsibility to obtain
authorization from the manufacturer to comply with the provisions of this section, including securing any
intellectual property rights of the manufacturer. If the Contractor is the manufacturer, it shall only authorize
dealers, outlets, distributors, value-added resellers, etc. within its network that can comply with the provisions
of the Contract.
SECTION 6.0
TECHNICAL SPECIFICATIONS
CONTENTS
6.1 SCOPE
6.2 MINIMUM ORDER AMOUNT
6.3 FREIGHT CHARGES, TRANSPORTATION AND DELIVERY
6.4 OTHER FEES
6.5 INSPECTION AND ACCEPTANCE
6.6 WARRANTY
6.1 Scope
The State of Florida ("State"), Department of Management Services ("Department"), invites interested Vendors
to submit a Response in accordance with these solicitation documents. The purpose of this solicitation is to
establish a sixty (60) month State Term Contract for the purchase of Laboratory & Safety Supplies &
Equipment. The intent is to obtain the most cost effective pricing for these goods for the State of Florida while
maximizing the quality and level of service.
The Department wishes to Contract for the following commodities:
Commodity Numbers:
490-100 490-400
490-140 490-480
490-150 490-650
490-210 773-000
Class 1 - Commodity Number 490-140:
This covers the specification for Laboratory Chemicals [Analytical Chemicals (la) and Fine Organic Chemicals
(lb)] including, but not limited to, the following items:
• Acetone 4 Liter Amber Glass ACS Certified
• Acetonitrile 4 Liter amber glass also meets ACS specifications
• Methylene Chloride 4 Liter Amber Glass ACS Certified
• Hydrochloric Acid 2.5 Amber Liter Glass Certified ACS Plus
• Ethyl Ether Anhydrous BHT Stabilized aluminum can ACS Certified
Class 2 - Commodity Number 490-210:
This covers the specification for Culture Media including, but not limited to, the following items:
• "Difco" Media Additives/Ingredients Typtone 500g
• "Difco" UVM Modified Listeria Enrichment Broth 500g
• "Difco" Microbiological Antibiotic Medium 500g
Class 3 - Commodity Number 490-650:
This covers the specification for Plastic Labware Sterile including, but not limited to, the following items:
• Brand Tissue Culture Flask Plug Sealed 75cm
• Tissue Culture Flask Plug Sealed 50cm
• Untreated Polystyrene Dishes Assay Plates
• Individually Wrapped Non -Treated Tissue Culture Plates
• Clear Inserts for 24 Well Plates
Class 4 - Commodity Number 490-400:
This covers the specification for Glassware including, but not limited to, the following items:
• 50mm Weighing Bottle
• 17 X 130mm GPI Tubes Calibrated "To Contain"
• Capillary Tubes
• 10mL Sterilizes Class A Cylinders with Single Metric Scale
• 10mL Flask w/Pennyhead Stoppers
Class 5 - Commodity Number 490-480:
This class is defined as having all commodities not listed in Class 1, 2, 3, and 4. This covers the specification
for Miscellaneous Expendable Supplies including, but not Limited, to the following items:
• Delicate Task Wipers
• Reinforced Wipers & Health & Fitness Towels
• Towel Pak Dispenser
• 4oz./118mL Non -Sterile Container
• 50mL Clear Polypropylene Graduated Tubes
• 3cc/40 Minimum Disposable Syringe Needle 100/pak
Class 6 - Commodity Number 490-150:
This class is defined as having all items in the vendor's catalog not listed in Class 1, 2, 3, 4, and 5. This covers
the specification for Miscellaneous Equipment including, but not limited, to the following items:
• Laboratory General Purpose Adjustable High Limit Control Circulating Water Bath
• Hotplate and Hotplate Stirrers
• 120V 50/60 HZ Solid State Control Modular Dri-Bath
• 110/1 1 5v 50/60HZ Dissolved Oxygen Meters
• Mechanical Convection Ovens with Microprocessor Temperature Control
• Laboratory Research Grade pH/mV/°C Meters
Class 7 - Commodity Number 490-100:
This covers the specification for Biotechnology products including, but not Iimited to, the following items:
• DNA Kits,
• Molecular Reaction Storage Thin Wall Tubes
• DNA Polymerase in Buffer B 5X100U
• Microbiological Analysis Membrane Filters 47 mm 0.45 Pore Size
• Detergents and Denaturing Agent Urea 1 0kg
• Enzymes TAQ DNA
• Polymerase 250U (Dntp's and buffer included)
Class 8 - Commodity Number 773-000: This covers the specification for Safety Equipment and Protective
Clothing, but not limited to, the following items:
• Ear Protectors
• Head Covering Safety
• Chemical Splash & Impact Resistant Goggles
• Adaptor Assay for Dual Cartridge Full Face Respirator
• Laboratory Wall Mount Hose & Spray Storage Cabinet
• Extra Large Polypropylene Disposable Lab Coat
• Large, Knee Length, Full Sleeve Lab Coat
• Media 3M Cartridge/Filter (ammonia, dust, etc.)
• Dual Cartridge Respirator Complete
• Biohazard Handling Materials
Class 9 —Balance of Product Line:
Bidders are asked to bid an additional percentage discount for "balance of line" products that the Bidder offers
that are not identified in one of the identified classifications. This percentage discount will be used by Agencies
and eligible users to purchase other products offered by the Contractor that is not specifically requested in this
solicitation. Note: Bidders may bid a single fixed discount for balance of product line OR provide a single
fixed discount per manufacturer for products the Vendor wishes to offer the State.
6.2 Minimum Order Amount
There shall be no minimum order amount required to place an order under this Contract. The Contractor is required to
honor all Contract related orders, made using a purchase order or a credit card, that are placed prior to the date of
expiration of the Contract or if received by mail by the Contractor within fifteen (15) calendar days following the date of
Contract expiration.
6.3 Freight Charges, Transportation, and Delivery
Prices shall include all charges for packing, handling, freight, distribution, and inside delivery for all orders
totaling more than $50.00. For orders totaling less than $50.00, the Contractor may elect to invoice for freight
charges as a separate line item.
Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an
Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any
potential delivery delays. Evidence of inability to deliver or intentional delays shall be cause for Contract
cancellation and Contractor suspension.
6.4 Other Fees
Contractor may not add any additional fees to the order including, but not limited to, special handling charges,
hazardous materials fees, fuel surcharges, etc.
6.5 Inspection and Acceptance
Inspection and acceptance shall be at destination unless otherwise provided. For Contractor -installed products,
the date of acceptance is the date the Customer accepts the product as installed and in good working order, as
determined by any appropriate acceptance testing, and the Customer shall certify in writing to the Contractor
when the product is accepted (if training or other post -installation services are included in the purchase order,
the acceptance shall be conditional). For Customer -installed products, the date of acceptance shall be the
delivery date. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall
be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage
claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill
of Lading; report the damage to the carrier and the Contractor; and provide the Contractor with a copy of the
carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, the Contractor shall
remove it from the premises within ten (10) days after notification of rejection. Upon rejection notification, the
risk of loss of rejected or non -conforming product shall remain with the Contractor. The rejected product not
removed by the Contractor within ten (10) days shall be deemed abandoned by the Contractor, and the
Customer shall have the right to dispose of it as its own property. The contractor shall reimburse the Customer
for costs and expenses incurred in storing or effecting removal or disposition of rejected product.
6.6 Warranty
The Contractor shall fully warrant all items furnished under this Contract against defects in materials and
workmanship for a minimum period of ninety (90) days or manufacturer's standard warranty, whichever is
longer.