HomeMy WebLinkAboutCertification of ContractDEPARTMENT .OF MANAGEMENT
ervices
Divisiori of StatePurchasing
4050 Esplanade Yva}; Suite 360
Tallahassee,;Floriiia 32399-0950:
Tei 850: +88.8440:
Fax 850.414-61.22
www dms.MyFloridacorn•
G(;:lc+errtorCharlie Crist Secretary Linda. H. South
CERTIFICATION OF CONTRACT
TITLE: Educational/Institutional Furniture
CONTRACT NO.: 420-420-10-1
ITB NO.: 14-420-420-M
EFFECTIVE: 06/01/2010 through 05/31/2014
SUPERSEDES: 420-420-07-1
CONTRACTOR(S): See attached listing
AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services, a contract has been executed between the State of F lorida and the
designated contractors.
B) EFFECT - This contract was entered into to provide econom ies in the purchase of
Educational/Institutional Furniture by all State of Florida agencies and institutions. Therefore,
in compliance with Section 287.042, Florida Statutes, all purchases of these commodities
shall be made under the terms, prices, and conditions of this contract and with the suppliers
specified.
C) ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the
attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all
Federal, State and local taxes.
All contract purchase orders shall show the State Purchasing contract number, product
number, quantity, description of item, with unit prices extended and purchase orde r totaled.
(This requirement may be waived when purchase is made by a blanket purchase order.)
D) CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perfor m
according to the requirements of this contract on Com plaint to Vendor, form PUR 7017.
Should the vendor fail to correct the problem within a prescribed period of time, then form
PUR 7029, Request for Assistance, is to be filed with this office.
E) SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for
your information. Any restrictions accepted from the s upplier are noted on the ordering
instructions.
Authorized Signature (date)
DSP/mb
Attachments
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Contractors Awarded:
ABCO Office Furniture (A)
Adden Furniture, Inc. (A)
Allied Plastics Co., Inc. (A)
American Seating Company (A)
Arcadia Chair Company (A)
August Incorporated (A)
BioFit Engineered Products (A)
Blockhouse Co., Inc. (A)
Built Rite Office Furniture (A)
Clarin seating (A)
Columbia Mfg. Inc. (A)
Contemporary Interiors, Inc. (A)
Corilam Fabricating Co., Inc. (A)
Crest Cabinet Manufacturing Co. (A)
DCI, Inc. (A)
Educational Specialty Furnishings, Inc. (A)
Egan Visual International, Inc. (A)
Electronic Classroom Furniture (A)
ERG International (A)
Ergo Genesis LLC (A)
Fleetwood Group, Inc. (A)
Foliot Furniture, Inc. (A)
Global industries, Inc. (A)
Greene Manufacturing, Inc. (A)
Hanel Storage Systems (A)
Herman Miller, Inc. (A)
Hussey Seating Company (A)
Interior Concepts Corporation (A)
ISE, Inc. (A)
John Savoy and Son, Inc. (A)
JSJ Furniture Corporation dba Fixtures Furniture (A)
Keilhauer (A)
Keystone Ridge Designs, Inc. (A)
Krueger International, Inc. (A)
Krug, Inc. (A)
Legacy Furniture Group, Inc. (A)
Lesro Industries, Inc. (A)
Moduform, Inc. (A)
MooreCo, Inc. (A)
National Public Seating (A)
Neocase, Inc. (A)
Nevins Ltd (A)
New England Woodcraft, Inc. (A)
Nightingale Corp (A)
Norix Group, Inc. (A)
OCI Contract (A)
Palmer Hamilton, LLC (A)
Palmer Snyder Furniture Company (A)
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Palmieri Furniture (A)
Peter Pepper Products, Inc. (R)
Recycled Plastic Factory (M)
RT London (A)
Sauder Manufacturing Co. (A)
Scholar Craft Products (A)
Sedia Systems, Inc. (A)
ShuttleSystem, LLC (A)
Sico America, Inc. (A)
Sis-USA, Inc. (A)
Sitmatic (A)
Smith System (A)
SouthCo, Inc. (A)
Southwest Contract (A)
Spacesaver Storage Systems, Inc. (A)
Surface Technologies, Inc. (A)
Toledo Furniture, Inc. (A)
USA Capitol, Inc. (A)
VanerumStelter (A)
VIA, Inc. (A)
VS America, Inc. (A)
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CONTRACT MANAGER
MINA BAREKAT
PHONE: 850.488.1985
E-MAIL: mina.barekatadms.myflorida.com
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TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06)]
3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS
4.0 GENERAL CONTRACT CONDITIONS [PUR1000 (10/06)]
5.0 SPECIAL CONTRACT CONDITIONS
6.0 PRICE SHEET
7.0 FORMS
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SECTION 1.0
INTRODUCTION
CONTENTS:
1.1 PURPOSE AND SCOPE
1.2 TIMELINE
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1.1 Purpose and Scope
The State of Florida ("State"), Department of Management Services ("Department"), invites
interested Bidders, to submit Responses in accordance with these solicitation documents.
The purpose of the solicitation is to establish a forty-eight (48) month State Term Contract
for the acquisition of Educational/Institutional Furniture by all State Agencies and other
Eligible Users (as defined in Section 3.3(d)), with potential options for renewals as allowed
by Chapter287, Florida Statutes (F.S.).
The scope of this contract includes furniture commonly used in educational facilities or
institutions, including but not limited to: dormitory furniture, cafeteria/dining furniture,
classroom furniture, laboratory furniture, outdoor furniture, folding tables & chairs,
auditorium seating, lockers, stages & risers, individual and multiple seating units,
correctional, and healthcare furn iture. See section 5.5 for specifically excluded items.
1.2 Timeline
Issue Solicitation within MyFloridaMarketPlace Sourcing Tool.
November 9 2009
Questions from Respondents due via the Q&A Board within
MyFloridaMarketPlace Sourcing Tool (No later than 4:00 pm ET).
November 20, 2009
Post Answers to Vendor Questions within MyFloridaMarketPlace
Sourcing Tool and the Vendor Bid System (VBS).
December 1, 2009
Solicitation Responses within MyFloridaMarketplace Sourcing Tool and
additional required hard copy documents and forms due (No later than
4:00 pm ET).
December 16, 2009
Post Notice of Intended Award within the Vendor Bid System (Per
Section 2.13, Electronic Posting of Notice of Intended Award).
January 25, 2010
Contract Award.
Per Section 2.17, Contract
Formation
Anticipated Contract Effective Date.
' March 1, 2010
DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING
CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN
SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline,
of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the
official submission date and time deadline, it is intended only to approximate the solicitation closing
and may require periodic adjustments. It is strongly recommended to submit your bid as early
as possible. You should allow time to receive any requested assistance and to receive
verification of your submittal; waiting until the last hours of the solicitation could impact
the timely submittal of your bid.
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SECTION 2.0
GENERAL INSTRUCTIONS TO RESPONDENTS EPUR1001 (10/06)1
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.
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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 P UR 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 sol icitation.
(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 acknowl edgement.
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 Contract 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 orconditions 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
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Procurement Officer or to any Buyer personnel shall not constitute formal protest of the
specifications or of the solicitation, a process addressed in paragrap h 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 nam e 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
govemmental 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
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• 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 em ploy 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 govemment 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 FI orida 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
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requirements. Respondent shall at all 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.us/owa vbs/owa/vb s 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 aw and 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.
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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 o r for any work perform ed before the Contract is effecti ve.
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 exem ption.
2.20 Protests. Any protest conceming 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
those 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 requires 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, F lorida 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.
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SECTION 3.0
SPECIAL INSTRUCTIONS TO RESPONDENTS
CONTENTS:
3.1 CONTACT PERSON
3.2 ORDER OF EVENTS
3.3 DEFINITIONS
3.4 WHO MAY RESPOND
3.5 MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW
3.6 AMENDMENTS OR ADDENDUMS TO THE SOLICITATION DOCUMENTS
3.7 ORDER OF PRECEDENCE
3.8 ESTIMATED QUANTITIES
3.9 SUBMITTAL OF RESPONSE
3.10 EXECUTION OF RESPONSE
3.11 EVALUATION CRITERIA
3.12 BASIS FOR AWARD
3.13 STATE OBJECTIVES
3.14 ENVIRONMENTAL POLICY
3.15 RECYCLED CONTENT REQUIREMENTS
3.16 FLORIDA CLIMATE FRIENDLY PRODUCT LIST
3.17 LOBBYING
3.18 SPECIAL ACCOMMODATION
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3.1 Contact Person
Mina E. Barekat, CPM, FCCM
Purchasing Analyst
Division of State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
(850) 488-1985 (voice)
(850) 414-6122 (facsimile)
mina.barekatadms.mvflorida.com
Refer to Section 2.5 for direction related to contacting the Buyer. Any technical questions
relating to the MyFloridaMarketPlace System can be directed to the MyFloridaMarketPlace
Customer Service Desk at 866-FLA-EPRO (866-352-3776) or:
vendorhelpna mvfloridamarketrlace.com.
3.2 Order of Events
Respondents shall review and become familiar with the Event Timeline and solicitation
documents, enter any questions in the MyFloridaMarketPlace Sourcing Tool Q&A Board °by
the date and time specified in the Event Timeline, answer all questions, submit required
documents, and complete information within the MyFloridaMarketPlace Sourcing Tool for this
solicitation including pricing and related terms.
The Event Timeline gives the date and time (where applicable) for major activities in the
solicitation. See Section 1.2, Timeline, of this solicitation.
3.3 Definitions
The Definitions found and referenced in the General Instructions to Respondents
[PUR1001 (10/06)], Section 2.1, and General Contract Conditions [PUR1000 (10/06)],
Section 4.1, shall apply to this Section. The following additional terms are also defined:
(a) "State" means the State of Florida.
(b) "Department" means the Florida Departm ent of Management Services.
(c) "Procurement Officer", "Contract Manager", or "Contract Administrator" means the
Buyer's contracting personnel, as identified in Section 3.1 or as amended by the
Department.
(d) "Eligible User" is defined in Rule 60A-1.005, Florida Administrative Code (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. Section 287.056, Florida Statutes governs agencies' use of the
Contract.
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(e) "Vendor(s)" means the entity that believes itself capable and is in the business of
providing a Commodity and/or contractual service similar to those within the
solicitation, and may or may not respond to the solicitation. •
(f) "Contractor(s)" means the Respondent that contracts to sell Commodities and/or
contractual services, which meet the requirements, specifications, terms, and
conditions herein, to an Eligible User.
(g) "Manufacturer(s)" means the original producer of a Commodity and/or contractual
service.
(h) "Servicing Dealer(s)" or "Certified Representative(s)" means a Manufacturer's
representative authorized to market, sell, and service specific Commodities and/or
contractual services.
(i) "Commodity(ies)" means a tangible good, which may or may not meet the
specifications herein.
(j) "Commodity Code(s)" means the State of Florida specified numeric code for
classifying specifications, Commodities, contractual services, Acquisition Methods,
and Discounts which meet specific requirements, specifications, terms, and
conditions herein.
(k) "Part(s)", "Accessory(ies)", or "Attachment(s)" means an optional component or
collection of components, which is / are intended for a specific
Educational/Institutional Furniture item, that meets the requirements, specifications,
terms, and conditions herein, and may be installed to or in conjunction with the
applicable Educational/Institutional Furniture item by the Manufacturer, Dealer,
Certified Representative, or Eligible User, as specified herein.
(I)
(m)
"MSRP" is an acronym for the Manufacturer's Suggested Retail Price. It represents
the Manufacturer's recommended retail selling Price, list Price, published Price, or
other usual and customary Price that would be paid by the purchaser for specific
Commodities and contractual services without benefit of a Contract resulting from
the solicitation. It must be publicly listed, available, and verifiable by the
Department.
"Environmental Policy" is a statement by the organization of its intentions and
principles in relation to its overall environmental performance, which provides a
framework for action and for the setting of its environmental objectives and
targets.
(n) "Post -Consumer Recycled Content" identifies materials which are derived from
businesses or consumers after having served their intended uses, and which have
been separated or diverted from solid waste for the purpose of collection, recycling
and disposition.
(o) "Post -Industrial Recycled Content" identifies materials generated by Manufacturers
or product converters, such as trimmings, overruns and obsolete products, that are
incorporated into the manufacturing process.
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(p)
"GSA" is an acronym for the U.S. General Services Administration. GSA leverages
the buying power of the federal government to acquire best value for taxpayers and
federal customers. GSA exercises responsible asset management and delivers
superior workplaces, quality acquisition services, and expert business solutions.
GSA develops innovative .and effective management policies. For additional
information about GSA, please visit the U.S. General Service Administration at:
http://www.gsa.gov/Portal/qsa/ep/home.do?tabid=0 .
(q) , "Balance -of- Line" means the remaining portion of a Manufacturer's current
commercial published price list that is not approved for GSA.
(r) "End User" The person or entity uses the product or item .
(s) Delivery Methods — Definition of Terms
Drop -Ship: FOB Destination. Orders shipped directly by a Manufacturer to the
purchaser or user. Items delivered to the ordering agency shall be unloaded by the
delivering carrier and placed on the age ncy's loading dock. If there is no loading
dock, items shall be unloaded by the delivery carrier and placed in a space
immediately adjacent to the carrier's vehicle at the delivery location.
Delivered Not Installed: On delivered non- Installed orders item s delivered to then:
ordering agency shall be unloaded by the delivering carrier and placed on the
agency's loading dock. If there is no loading dock, i tems shall be unloaded by the
delivery carrier and placed in a space im mediately adjacent to the carrier's vehicl e
at the delivery location.
Inside Delivery, Non -Installed: On orders specifying inside (non -installed) delivery,
items shall be unloaded and delivered, in the shi pping carton, to the ordering
agency by the delivering carrier an d placed inside the door on the first or ground.
level floor of the building.
Installed Delivery: On installed orders, (open, set in place, ready for use) the
contract supplier or the d elivering carrier, acting as the contractor's agent, shall be
responsible for receipt, inspection, and assem bly of items delivered in the area
designated by the ordering agency, as well as prompt removal and disposal of all
debris which is a result of the delivery. The ordering agency shall be responsible for
the immediate removal of any existing furniture from the area in which the contract
items are to be installed. Elevator(s) must be made available if more than one
story. If no elevator is available, delivery wi II be made to the ground floor, or
additional delivery fees m ay be negotiated.
3.4 Who May Respond
The Department will accept Responses from responsible and responsive Furniture
Manufacturers, who are in good standing with the State of Florida, satisfying the
requirements, specifications, terms, and conditions of the solicitation documents. To be
eligible for award, a Respondent shall have the demonstrated capability to perform a
statewide Contract in the State of Florida.
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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 as requested will result in disqualification of the
Response.
In furtherance of the One Florida Initiative, Respondents are encouraged to seek the
participation of certified minority business enterprises (CMBE). Information on the One
Florida Initiative and CMBEs is available from the Office of Supplier Diversity at
http://dms.myflorida.com/other programs/office of supplier diversity osd/.
3.5 MyFloridaMarketPlace Solicitation Overview
The Department uses the MyFloridaMarketPlace System ("MFMP") to receive Responses to
solicitations electronically.
3.5.1 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.myfloridamarketplace.com/. If you have not registered, please be
advised that a minimum of forty-eight (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.
3.5.2 MyFloridaMarketPlace Sourcing Tool Training
This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool at:
http://sourcing.myfloridamarketplace.com/. Optional training on how to respond to this
solicitation electronically is offered at:
http://marketplace.mvflorida.com/vendor/vendor solicitation help.htm.
Download and review the document titled "ITB Event User Guide."
• 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 anmyfloridamarketplace.com.
• For additional information or assistance on using the Sourcing Tool, please visit the
MyFloridaMarketPlace website at the following link:
http://marketplace.mvflorida.com/vendor/vendor solicitation help.htm.
This site includes:
a. Solicitation User Guides
b. On Demand web -based Sourcing training link
c. WinZip FAQs
d. Vendor FAQs
3.5.3 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 you should save your work (click the SAVE button)
at intervals of less than twenty (20) minutes to ensure your entries since you last saved
are not lost.
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Please note that clicking the SAVE button within the Sourcing Tool only saves your
solicitation Responses. The SAVE button does not transmit your solicitation
Response to the State. In order to transmit your solicitation Response to the State,
you must click the SUBMIT button on the SUM MARY page of the sol icitation 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 you discover an error and
need to resubmit a revised Response.
To validate your Response, you should do the following before the solicitation period ends:
• Go to the "My Bids / My Responses" tab within the Sourcing Tool after you
submitted your Response.
• Click on the Response ID number of your last submitted Response.
• Review entire Response to make sure all responses are complete, accurate,
and as you intended to submit.
• Minimum areas to check are:
• Text boxes — Is your entire answer viewable?
• Yes/No questions — Is the displayed answer correct?
• All uploaded document files — Can you open attached document(s)
and clearly view entire content? Does the content of the file(s) match
your Response within the Tool (e.g., not an earlier version;
incomplete copy, or working copy)?
• Pricing and Other Information — Are all Prices and other information
you intended to submit visible and accurately captured within
Sourcing Tool?
• Required Items - Are all items listed in the solicitation completed as
required within the S ourcing Tool?
DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME
REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE
AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as
reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace
Sourcing Tool's time remaining clock is not the official submission date and time
deadline, it is intended only to approximate the solicitation closing and may require
periodic adjustments. °
It is strongly recommended to submit your bid as early as possible. You should
allow time to receive any requested assistance and to receive verification of your
submittal; waiting until the last hours of the solicitation could impact the timely
submittal of your bid.
3.5.4 MyFloridaMarketPlace and Vendor Bid System Email Notification
Vendors are reminded that the Sourcing Tools' 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, award, or close of solicitations. Vendors are responsible for checking
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the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System for
information and updates concerning solicitations.
3.6 Amendments or Addendums to the Solicitation Documents
The Department reserves the right to issue Amendments or Addendums to the solicitation.
Notice of any Amendment or Addendum will be posted within MyFloridaMarketPlace and
the Vendor Bid System. Such notice, if required, will contain the appropriate details for
identifying and reviewing the formal notices and/or changes to the solicitation. Each
Vendor is responsible for monitoring the MyFloridaMarketPlace Sourcing Tool and the
Vendor Bid System sites for new or changing information concerning the solicitation.
3.7 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 requirements, specifications, terms, and conditions of the
following sections of this solicitation, which, in case of conflict, shall have the order of
precedence listed:
• Section 1.0, Introduction
• Section 5.0, Special Contract Conditions
• Section 3.0, Special Instructions to Respondents
• Section 4.0, General Contract Conditions [PUR 1000 (10/06)]
• Section 2.0, General Instructions to Respondents [PUR 1001 (10/06)]
• Section 6.1, Price Sheet
• Section 7.0, Forms
The Department objects to and shall not consider any additional term s or conditions
submitted by a Respondent, including any appearing in documents attached as part of a
Respondent's Response. In submitting its Response, the Respondent agrees that any
additional terms or conditions, whether submitted intentionally or inadvertently, shall result
in the disqualification of the Respondent's Response for any offers associated with the
additional terms or conditions. Failure to comply with the solicitation requirements,
specifications, terms, and conditions, including those specifying information that must be
submitted with a Response, may be grounds for rejecting a Response.
This Section, 3.7, supersedes and replaces Section 2.4, Terms and Conditions.
3.8 Estimated Quantities
To assist Respondents in the solicitation process, average estimated annual historical
spend information is provided. Spend information is based on FY 07/08 and 08/09 data.
This figure shall not be construed as a commitment.
• Estimated Annual Spend: $17 Million ($17M USD)
The above figure reflects estimated annual spend generated by Eligible Users of past
contracts for similar Commodities and/or contractual services and is not a commitment.
21
Additional estimations of usage, quantity, volume, weight, spend, and/or other estimates
may be provided by the Department in the solicitation documents. The figures provided are
to assist Respondents in the solicitation process and/or to assist the Department in
evaluating, measuring, and/or scoring Responses to the solicitation and shall not be
construed as commitments.
3.9 Submittal of Response
3.9.1 Submittal of Offer
Respondents will submit their offers via the MyFloridaMarketPlace Sourcing Tool
(httos://sourcing.myfloridamarketplace.com/). The Response shall include all
appropriate pricing, documents, forms, files, question responses, and information
responses located within the MyFloridaMarketPlace Sourcing Tool for the solicitation.
All required or requested pricing, documents, forms, files, question responses, and
information responses will be entered electronically in the MyFloridaMarketPlace
Sourcing Tool during 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, form, or file are provided, then those specific documents, forms, or files only
shall be mailed to the attention of the Contact Person in Section 3.1 of the solicitation.
The outer packaging of mailed documents shall clearly state: Solicitation Title, Number
(ITB No. 14-420-420-M; Educational/Institutional Furniture), and the Solicitation
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.
In the event theRespondent 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 (other than document, file, or form submissions indicated by the
solicitation to be mailed) not submitted within the MyFloridaMarketPlace Sourcing Tool
shall be rejected. The System will require Respondents to review the Solicitation
Preparation Checklist (Section 7.8) and confirm that they have completed all required
activities before receiving the offer. The Solicitation Preparation Checklist does not
relieve the Respondent of responsibility for ensuring that all requirements of the
solicitation are included with the solicitation Response. The Solicitation Preparation
Checklist does not have to be provided with t he Response.
Each Respondent is responsible for ensuring that their offer is accurately and
completely submitted before the Solicitation Responses Due Date and Time 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 Solicitation Responses Due Date
and Time specified in the Timeline. The Response must be accurate, complete, and
submitted in the MvFloridaMarketplace Sourcing Tool, or as otherwise provided
in the solicitation documents, by the date and time specified on the Timeline or
the Response shall be deemed non -responsive.
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3.9.2 Price Sheet Responses
Price Sheet Responses shall be submitted on the Price Sheet form, Section 6.1. If
Respondent holds a Federal GSA contract, the same, or lower, product pricing must be
offered to the State. If Respondent does not hold a Federal GSA contract, prices shall
represent the lowest price available in the public sector for like volumes.
Prices shall be submitted in the form of:
• GSA Prices for GSA Approved Products — Discount off Manufacturer's current
commercial published price list with the GSA — approved discount structure OR the
published GSA discounted price list (net price catalog). Please provide the
following pricing documentation:
• A copy of Manufacturer's GSA contract terms and conditions. GSA contract
must specify discount percentage or pricing on compact disc.
• GSA Price Catalog on compact disc.
• Commercial price list must clearly identify name and/or number, and effective
date on compact disc.
• Pricing submitted for balance -of -line items shall be within 5% of the discount
offered for similar items already on the current contract. State Purchasing
reserves the right to except or reject any items submitted. These items shall be
submitted on Section 6.1, Price Sheet, Section B, Non -GSA prices for products.
not on GSA.
Adjustments to address a difference between the GSA Industrial Funding Fee and the
MyFloridaMarketPlace Transaction Fee may be listed on the Price Sheet as a
percentage of the total applicable charge, and shall not exceed the exact difference of
the two fees (.25%). Reference Contract Sales Summary and Transaction Fee
Reports, Section 5.29 for additional information.
• Non -GSA Prices for Products Not on GSA — Prices offered shall represent the
lowest price available in the public sector for like volumes. Please provide the
following pricing documentation:
• Commercial price list must clearly identify name and/or number, and effective
date on compact disc.
State Purchasing reserves the right to reject Responses with prices, discounts, and/or
terms less favorable than those offered to other entities in the State (i.e., city or county
contracts), and/or do not offer the best value to the State.
Failure to provide the Price Sheet form and pricing documentation by the date
and time specified in Section 1.2, Timeline shall result in the Respondent being
deemed non -responsive.
3.9.3 Savings / Price Reductions
Respondent shall submit one (1) accurately completed Savings / Price Reductions form
(Section 7.3) with their Response containing the required savings information for each
23
Commodity offered and a method(s) for the Department to verify the savings
information provided. The Savings / Price Reductions form will be submitted to the
Department electronically using the MyFloridaMarketPlace Sourcing Tool, per Section
3.9.1 of the solicitation.
Failure to provide the Savings / Price Reductions form by the date and time
specified in Section 1.2, Timeline may result in the Respondent being deemed
non -responsive.
3.9.4 Ordering Instructions
Respondent shall submit one (1) completed Ordering Instructions form (Section 7.1)
with their Response identifying persons responsible for answering questions about the
Response and administering the Contract, if awarded, and shall provide information
necessary for placing orders under the Contract, if awarded. The Ordering Instructions
form will be submitted to the Department electronically using the MyFloridaMarketPlace
Sourcing Tool, per Section 3.9.1 of the solicitation.
Failure to provide the Ordering Instructions form by the date and time specified
in Section 1.2, Timeline may result in the Respondent being deemed non-
responsive.
3.9.5 Authorized Servicing Dealer & Manufacturer's Representatives
Respondent shall submit two (2) Authorized Servicing Dealer & Manufacturer's
Representatives form (Section 7.2) with their Response identifying Manufacturer's
representatives authorized to market, sell, and service specific Commodities and/or
contractual services. The Authorized Servicing Dealer & Manufacturer's
Representatives form will be submitted to the Department electronically using the
MyFloridaMarketPlace Sourcing Tool, per Section 3.9.1 of the solicitation.
Failure to provide the Authorized Servicing Dealer & Manufacturer's
Representatives form by the date and time specified in Section 1.2, Timeline may
result in the Respondent being deemed non -responsive.
3.9.6 Contract Signature Page
The Contract Signature page is provided for reference purposes and is not required to
be submitted as part of a solicitation response. A revised Contract Signature page will
be provided to successful Respondents following the award posting and contract
development process. Executed original(s) will be maintained by the Department of
Management Services.
3.9.7 Certification of Drug -Free Workplace
Respondent shall submit one (1) Certification of Drug -Free Workplace form (Section
7.5). Respondent shall certify that the Respondent has a drug -free workplace program.
The Certification of Drug -Free Workplace form will be submitted to the Department
electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.9.1 of the
solicitation.
24
Failure to provide the Certification of Drug -Free Workplace form by the date and
time specified in Section 1.2, Timeline may result in the Respondent being
deemed non -responsive.
3.9.8 Product List
Respondent shall submit one (1) Product List form (Section 7.6). The Product List
Form is a listing of product categories available in this Contract. A category listing, and
a listing of Contractors providing those products, will be made available as a reference
aid to Customers. The Product List form shall be submitted to the Department
electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.9.1 of the
solicitation.
Failure to provide the Product List form by the date and time specified in Section
1.2, Timeline may result in the Respondent being deemed non -responsive.
3.9.9 References
Respondent shall submit one (1) References form (Section 7.7). Respondent shall
present a minimum of three (3) projects sold to Eligible Users (defined in Section 3.3(d))
completed in the previous 24 months. Purchase orders or invoices related to each
reference shall also be submitted for review. Submitted purchase orders or invoices
shall clearly reference the Eligible User and shall clearly list the Manufacturer's product.
The References form shall be submitted to the Department electronically using the
MyFloridaMarketPlace Sourcing Tool, per Section 3.9.1 of the solicitation. Purchase
order or invoice copies shall be submitted in hard copy to the contact person in Section
3.1 by the solicitation submission deadline.
Failure to provide the References form and supporting documentation by the
date and time specified in Section 1.2, Timeline may result in the Respondent
being deemed non -responsive.
3.10 Execution of Response
The bid shall include all appropriate forms located within the MyFloridaMarketPlace
Sourcing Tool RFX Info Section for this solicitation including pricing and related terms.
Failure to provide all requested information within the bid package may result in rejection of
the bid.
3.11 Evaluation Criteria
The Department shall evaluate eligible responsive offers. Responses that do not meet all
requirements of the solicitation or fail to provide all required information, documents, or
materials may be rejected as non -responsive. Respondents whose Responses, past
performance, or current status do not reflect the capability, integrity, or reliability to fully and
in good faith perform the requirements of a Contract may be rejected as non -responsible.
The Department reserves the right to determine which Responses meet the requirements
of this solicitation, and which Respondents are responsive and responsible.
25
3.12 Basis for Award
The Department reserves the right to award all items to a single vendor or award to multiple
vendors by item, category, or any other separable portion if deemed to be in the best
interest of the State. The Department reserves the right to make awards as determined to
be in the best interest of the State of Florida, and to accept or reject any and all offers, or
separable portions, and to waive any minor irregularity, technicality, or omission if the
Department determines that doing so will serve the State of Florida's best interest.
3.13 State Objectives
Within thirty (30) calendar days following award of the Contract, if awarded, the Contractor
shall submit plans addressing each of the State's five (5) objectives listed below, to the
extent applicable to the items / services covered by this solicitation.
3.13.1 Diversity
The State of Florida is committed to supporting its diverse business industry and
population through ensuring participation by minority- and women -owned business
enterprises in the economic life of the state. The State of Florida Mentor Protege
Program connects minority- and women -owned businesses with private corporations for
business development mentoring. We strongly encourage firms doing business with
the State of Florida to consider this initiative. For more information on the Mentor
Protege Program, please contact the Office of S upplier Diversity at (850) 487-0915.
It is vital that small, minority, and women -owned business enterprises participate in the
State's procurement process as both prim e Contractors and Subcontractors under
prime Contracts. Small, minority, and women -owned businesses are strongly
encouraged to submit replies to this solicitation.
The Contractor shall submit documentation addressing Diversity and describing the
efforts being made to encourage the participation of small, minority, and women -owned
businesses. Information on Certified Minority Business Enterprises (CMBE) is available
from the Office of Supplier Diversity at:
http://dms.mvflorida.com/other programs/office of supplier diversity osd/ .
3.13.2 Environmental Considerations
The State supports and encourages initiatives to protect and preserve our environment.
The Contractor shall submit as part of any response the Contractor's plan to support
the procurement of products and m aterials with recycled content, and the intent of
Section 287.045, Florida Statutes. The Contractor shall also provide a plan for
reducing and or handling of any hazardous waste gener ated by Contractor's 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 Contractor's explanation of its company's hazardous waste plan and shall
explain in detail its handling and disposal of this waste.
26
3.13.3 Certification of Drug -Free Workplace Program
The State supports and encourages initiatives to keep the workplaces of Florida's
Suppliers 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 the Respondent has a
drug -free workplace program using the Certification of Drug -Free Workplace form
included in Section 7.5 of the solicitation. The Contractor shall describe how it will
address the implementation of a drug free workplace in offering the items of the
solicitation.
3.13.4 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
agency are concerned. Additional information about the designated nonprofit agency
and the products it offers is avail able at httb://www.resoectoffiorida.orq.
The Contractor shall describe how it will address the use of RESPECT in offering the
items of the solicitation.
3.13.5 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 this agency insofar as dealings with such corporation are concerned.
Additional information about PRIDE and the products it offers is available at
http://www.Dride-enter,rises.orq/.
The Contractor shall describe how it will address the use of PRIDE in offering the items
of the solicitation.
3.14 Environmental Policy
The State of Florida, as outlined in Section 287.045, F.S., is committed to reducing waste
and promoting energy conservation. To that effort, Respondents are required to meet
minimum recycled content standards AND to submit information relating to their company's
environmental policy and implementation process.
27
Respondent shall submit a detailed environmental policy. This policy should explain the
Respondent's environmental mission and shall include detailed information on initiatives or
procedures related to the realization of the environmental mission, for example:
• Pollution prevention opportunities
• Energy conservation
• Water conservation
• Green House Gas (GHG) reductions
• Disposal of solid and/or hazardous waste
• Recycling of scrap
• Health and safety issues
• Community involvement
If applicable, Respondent shall also subm it any prepared and/or approved docum entation
in relation to the Business & Institutional Furniture Manufacturer's Association (BIFMA)
Sustainability Guidelines, ISO 14001, and Environmental Protection Agency (EPA)
Comprehensive Procurement Guidelines.
Contractor shall provide a li nk to their Environmental Policy and any additional industry
documentation on the State Contract Web Page as described in Section 5.27.
Failure to provide a detailed Environmental Policy by the date and time specified in
Section 1.2, Timeline may result in the Respondent being deemed non -responsive.
3.15 Recycled Content Requirements
Respondent shall identify all product lines (or products) including recycled content and/or
post -consumer recycled content. Respondent shall confirm that all corrugated cardboard
materials and containers used in the packaging and transport of office furniture products
will be made with a minimum of 35% recycled material (post -consumer and/or post-
industrial) and meets standard performance requirements. Verification of the recycled
material content shall be confirmed in writing by the product supplier or through
documented specifications from the product supplier, and shall be submitted on compact
disc no later than the opening date and time.
3.16 Florida Climate Friendly Preferred Product List
In addition to ENERGY STAR compliance, Contractors are encouraged to propose products
that meet the Florida approved green product labels/standards. Under the
leadership of Florida Governor Charlie Crist, the Department of Management Services
(DMS) encourages the purchase of environmentally preferable products (EPPs) by
Florida governmental entities where possible. Upon award, Contractors will be
encouraged to submit a list of their qualifying products for review and posting to the
Florida Climate Friendly Preferred Products List. The current list can be viewed at the
following DMS website link:
http://dms.mvflorida.com/business operations/state purchasing/vendor information/state
contracts agreements and price lists/florida climate friendly products list
28
The Florida Climate Friendly Preferred Products List includes state contract approved
products that have received one or more of the following certifications, labels, and
standards:
California Energy Commission (CEC) Appliance Efficiency Regulations
California Environmentally Preferred Products Guide
California State Agency Buy Recycled Program (SABRC)
Electronic Product Environmental Assessment Tool (EPEAT)
Energv Star
EPA Comprehensive P rocurement Guidelines (CPG)
EPA SmartWav and SmartWav Elite
EPA WaterSense
Forest Stewardship Council (FSC)
Green Seal
Greenqua rd
MDBC's Cradle to Cradle Silver Certification (or higher)
Minnesota Green Guardian EP P Guide
NEMA Premium
RoHS
SCS (Scientific Cert. Sys.) / NSF International
Terra Choice / Ecoloqo
US Federal Energy Management Program (FEMP1
USDA Orqanic Label
3.17 Lobbying
Please reference Section 2.21, Limitation on Vendor Contact with Agency During
Solicitation Period.
Respondents are advised that the following will be included in the Contract for these
services: In accordance with Section 216.347, Florida Statutes, and as provided herein,
the Contractor may not expend any State funds for the purpose of lobbying the legislature,
the judicial branch, the executive branch, or any State Agency.
3.18 Special Accommodation
Any person requiring a special accommodation at State Purchasing because of a
disability should call State Purchasing at (850) 488-8440 at least five (5) business days prior to
the bid opening., If you are hearing or speech impaired, please contact State Purchasing by
using the Florida Relay Service at (800) 955-8771 (TTY).
[The remainder of this page is intentionally left blank (other than footer information).]
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SECTION 4.0
GENERAL CONTRACT CONDITIONS fPURI000 (10/06)1
CONTENTS:
4.1 DEFINITIONS.
4.2 PURCHASE ORDERS.
4.3 PRODUCT VERSION.
4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS.
4.5 ADDITIONAL 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.
30
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 m eans).
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 shallbe
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 im mediately 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
31
reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist
documentation identifying .the proposed (1) 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 Customer 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: (1) 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 properand 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.
32
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 returned 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
33
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 Departm ent 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
34
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, damages, 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 Toss or damages proximately caused by the
negligent act or om ission of the State or a Gust omer.
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 (1) 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 of $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.
35
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 canc ellation 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 nor 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
36
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 w hole 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 performanc e 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
37
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 prici ng 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 expi res 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
38
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 exclus ive venue of any leg al or equitable acti on 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 fumish 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.
39
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.oridefl.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.orq.
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
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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 pur chaser.
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 a nnual 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.
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SECTION 5.0
SPECIAL CONTRACT CONDITIONS
CONTENTS:
5.1 DEFINITIONS
5.2 PERIOD OF AGREEMENT
5.3 ELIGIBLE USERS
5.4 ELIGIBLE PRODUCTS
5.5 EXCLUDED PRODUCTS
5.6 CUSTOMIZED PRODUCTS
5.7 QUALIFICATIONS
5.8 DELIVERY REQUIREMENTS
5.9 DELAYS & COMPLAINTS
5.10 PRICE ADJUSTMENTS
5.11 FILL-IN PRICING
5.12 INSTALLATION CHARGES
5.13 SPACE PLANNING / DESIGN FEES
5.14 NEW PRODUCTS
5.15 PRODUCT ADDITIONS AND DELETIONS
5.16 CHANGES TO PURCHASE ORDERS
5.17 CHANGES TO INVOICES
5.18 SPECIAL SALES OFFERS
5.19 SERVICING DEALERS
5.20 CONFORMANCE TO CODES
5.21 QUANTITY DISCOUNTS
5.22 WARRANTY
5.23 CONTRACT SERVICE REQUIREMENTS
5.24 INSURANCE, WORKER'S COMPENSATION
.5.25 ETHICAL BUSINESS PRACTICES
5.26 CONTRACT REVISIONS
5.27 CONTRACTOR STATE CONTRACT WEB PAGE
5.28 MYFLORIDAMARKETPLACE ELECTRONIC CATALOG REQUIREMENT
5.29 CONTRACT SALES SUMMARY AND TRANSACTION FEE REPORTS
5.30 PURCHASING CARD PROGRAM
5.31 COMPLIANCE WITH LAWS
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5.1 Definitions
The Definitions found and referenced in the General Contract Conditions [PUR1000
(10/06)], Section 4.1, and the Definitions found and referenced in the General Instructions
To Respondents [PUR1001 (10/06)], Section 2.1, and the Definitions found and referenced
in Section 3.3, Definitions, shall apply to this Section. The following additional terms are
also defined:
"Manufacturer's Price List" means the most recent document published by the
Manufacturer for all commercial users that details products available, model numbers,
options, and prices for each.
"Manufacturer's Representative," refers to a person engaged by the Manufacturer to sell or
promote sales of the Manufacturer's products.
5.2 Period of Agreement
The contract resulting from this solicitation, if awarded, will be effective for 48 months from
the Contract Formation date, per Section 2.17. This agreement has the opti on to renew per
Section 287.057(14), Florida Statutes and in accordance with 60A-1.048, F.A.C. Renewal
is contingent upon satisfactory performance by the Contractor.
5.3 Eligible Users
Please reference Section 3.3(d).
5.4 Eligible Products
The Department reserves the right to determine scope compatibility for the Contract. All
products offered under this contract shall be new and unused and in current production.
No series shall be considered for award if already awarded on or in conflict with another
State contract. Eligible products for this contract include, but are not lim ited to:
• Dormitory Furniture (beds, dressers, tables, workstations, chairs, storage, lounge
furniture, etc.)
• Healthcare Furniture (patient room furniture, waiting room furniture, nursing station
desks & seating, sleeper chairs, etc.)
• Classroom Furniture (student & teacher desks, student & teacher seating, stools,
tables, workstations, computer stations, lab furniture, fume hoods, bookcases,
storage cabinets, etc.)
• Cafeteria & Dining Furniture (tables, booths, chairs, stools, cabinets, etc.)
• Institutional Furniture (auditorium seating, lobby seating, lockers, stages, risers,
folding tables & chairs, display cabinets, etc.)
• Outdoor furniture (tables, chairs, benches)
• Correctional furniture(tables, chairs, benches, beds)
The Department reserves the right to require samples of proposed products before making
a final determination of acceptance.
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5.5 Excluded Products
Items excluded_ from the Contract include:
• Remanufactured or refurbished prod ucts.
• Any items or product lines currently awarded under another state term contract.
• Any items or product lines that may qualify for award under another state term
contract.
• Park accessories, site accessories, medical equipment, lighting, carpets/rugs, and
decorative accessories and items.
5.6 Customized Products
Minor customization of standard product(s) is allowable. Standard Contract Warranty
(Section 5.22) will apply to the customized product(s). Standard products must be
approved for the contract.
Customizations that alter the basic structure or function, or substantially change the
appearance of a standard product are not considered minor and will require written
approval from the Department prior to order placement. Eligible Users shall verify the
following:
• Standard product is available throug h GSA offering (if applicable) or on contr act.
• All warranties, services, terms and conditions applicable for standard products on
this contract will be honored in writing by the M anufacturer for customized products.
• Best value for the customized products (prices, item/service quality, terms and
conditions) has been documented.
Customized products are subject to the end user's approval following delivery. Items not
conforming to customized specifications may be rejected and customers will not be liable
for contractor's cost.
If the contractor approves a conform ing item for return, the item may be subject to a re-
stocking fee, plus freight charges.
5.7 Qualifications
Only Responses submitted by product Manufacturers will be considered for evaluation.
Respondents must have the capability to provide Educational/Institutional furniture in
accordance with the solicitation documents. Contract orders may be directed to a
Manufacturer's representative or to servicing dealers, but only those Responses signed
and presented by the product M anufacturer will be considered for contract award.
5.8 Delivery Requirements
Delivery and shipping costs shall mirror charges as approved by GSA (if applicable).
Any charges for freight, delivery, and installation shall be noted on the price sheet, Section
6.1. The Department reserves the right to reject any additional charges.
44
Delivery of standard product is required within 90 days from receipt of a Purchase Order
containing complete and correct ordering information. Exceptions (for special finishes,
custom fabrics, or other non-standard options, large volume order, etc.) shall be negotiated
with the Customer. Delivery delayed beyond 90 days or the agreed upon term must be
justified to the Customer in writing, and if requested, the Contractor shall provide furniture
on a temporary rent-free basis until delivery of ordered items is completed. Any known
factors that may disrupt the delivery schedule (shut -downs, inventory periods, etc.) must be
clearly stated in the product quote.
Multiple delivery points must be clearly indicated on the Purchase Order. Customer shall
list delivery locations and instructions in the body of the Purchase Order, as well as the
commodity number and quantity for each location.
For non -installed orders, items shall be unloaded by the delivering carrier and placed on
the Customer's loading dock. If there is no loading dock, items shall be unloaded by the
carrier and placed in a space immediately adjacent to the carriers vehicle at the delivery
location.
For orders specifying inside (non -installed) delivery, items shall be unloaded and delivered
by the delivering carrier and placed inside the door on the first or ground level floor of the
building.
For installed orders, the Contractor or its representative shall be responsible for receipt,
inspection, and assembly of items delivered in the area designated by the Customer,, as
well as prompt removal and disposal of all debris resulting from the deli very. The Customer
shall be responsible for the immediate removal of any existing furniture from the area in
which the items are to be installed. Elevators must be made available if more than one
story. If no elevator is available, delivery shall be made to the ground floor or an additional
delivery charge shall be negotiated if the Contractor is willing to transport the items via
stairways.
5.9 Delays & Complaints
Delivery delays and service complaints will be monitored on a continual basis.
Documented inability to perform under the conditions of the contract (via the established
Complaint to Vendor process (PUR 7017)) may result in default proceed ings and/or
termination.
5.10 Price Adjustments
Revisions to pricing or terms impacting pricing shallbe requested in writing and must be
approved by the Department prior to advertisement or implementation. The Contractor
shall:
• Submit Contract Revision Authorization Form.
• Submit written justification for requested adjustment.
• Submit a new or revised price list (if applicable), or Manufacturer's current Federal
GSA Contract, on compact disc.
• If applicable, submit a copy of the signed Federal GSA Modification approving any
price changes or adjustments along with all corresponding attachments, on compact
disc.
• Identify the percentage(s) of requested increase and affected products or services,
45
or
• Identify the percentage( s) of requested decrease and affected products or services.
• Update the State Contract Web Page immediately following written approval.
Any GSA approved revision of pricing and products shall be submitted to State
Purchasing with the State reserving the right to accept or reject within 30 days, or cancel
the contract. Any increase accepted shall not become effective until approved in
writing by State Purchasing.
If Contractor does not provide GSA pricing, price adjustments shall be based on a
percentage equal to the amount of increase (or decrease) in the Producer Price Index (PPI)
on the date closest to the change date versus to the index on the date closest to the time of
the contract award date or the last contract price change. A price increase may be
requested by either party one (1) time per 12 month period by using the Producer Price
Index (PPI) for Industry: Institutional Furniture Manufacturing as published by the U.S.
Bureau of Labor Statistics. The rate adjustments will be based on the latest non -preliminary
PPI (Series ID PCU337127337127).
PPI information can be found by going to the U.S . Bureau of Labor Stati stics website at:
http://www.bls.00v/ppi/#data. Scroll down to PPI Databases. Then select "Industry Data"
(one -screen data search). In Box 1 enter "Institutional" and click find. In Box 2, click on
"337127337127 Institutional Furniture Manufacturing". In Box 3, click "Get Data". By
clicking the following link below the PPI information will appear:
http://data.bls.gov/PD Q/servlet/SurveyOutputS ervlet:isessionid=f0306e310312Dv$3 F$3F.
The index will be updated as new information is available.
Price increase requests that exceed the corresponding PPI increases for the category
noted above may not be approved. Review factors may include, but are not limited to,
previous pricing adjustments, comparative study of other Contractors offering similar
products, and market trends. The Department reserves the right to accept or reject any
requested pricing adjustment within 30 days, or terminate the contract for convenience.
Any increase accepted by GSA shall not become effective until approved by the
Department.
The State, at its sole discretion, may allow 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. Reference General Contract Conditions, PUR 1000, paragraph 4.4(e) for
detailed criteria.
If for any reason, during the term of the contract, the contractor reduces the pricing for
similar services or products to a similarly situated entity with similar or smaller contract
volume, the State shall receive an equivalent reduction in pricing for the services or
products delivered to the State. Additionally, in the event the contractor offers additional
shared savings to a similar situated entity with similar or smaller contract volume, the
additional shared savings also shall be giv en to the State.
Unapproved pricing marketed to Eligible Users may result in the default proceedings, and
the Contractor shall be responsible for any reprocurement costs incurred by the Customer.
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5.11 Fill -In Pricing
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. Reference General Contract Conditions, PUR 1000, paragraph
4.5 for additional inform ation.
5.12 Installation Charges
Installation charges shall be listed on the Price Sheet as a per -item fee, percentage of price
fee, or negotiable per project. Installing agent shall be responsible for receipt, inspection,
assembly of items, and debris removal at the location listed on the purchase order.
Separate installation charges may apply to any required reconfiguration of furniture during
the term of the Contract. Additional charges for installation during non -regular work hours
or other unique applications shall be agreed upon in writing and approved by the Customer
prior to installation services being performed.
5.13 Space Planning / Design Fees
Space Planning / Design fees shall be listed on the Price Sheet as an hourly fee,
percentage of price fee, or negotiable per project. Customer shall approve Space Planning
fees in writing prior to any services being performed by the Contractor or Servicing Dealer.
5.14 New Products
New products may be considered for addition to the contract. New products may not be
marketed as approved products prior to written approval from the C ontract Administrator.
All requests for review shall be made in writing and shall inc lude the following:
• Completed Contract Revision Authorization Form. The Department shall distribute,
in electronic format, the Contract Revision Authorization Form to be used by the
Contractor upon Contract F ormation, Section 2.17.
• Written justification for requested adjustment.
• New or revised price list (if applicable), or Manufacturer's current Federal GSA
Contract - on compact disc.
• Copy of the signed Federal GSA Modification approving any price changes or
adjustments along with all corresponding attachments (if applicable), on compact
disc.
• Current price book consistent with GSA Contract- on compact disc.
• Literature of product or series requested for addition.
• Update State Contract Web Page immediately following written approval.
5.15 Product Additions and Deletions
During the Contract P eriod of Agreement, Section 5.2, the Department shall have the right
to add or delete Products to this agreement. A ny new Products added shall meet the
requirements, specifications, terms, and conditions herein, and at mutually agreed upon
pricing, accepted in writing, by both the contractor and the Department. Products may be
removed at the sole discretion of the Department, per the requirements, terms, and
conditions herein and/or as permitted by Florida Statute or Florida Administrative Code.
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5.16 Changes to Purchase Orders
A Purchase Order issued pursuant to the Contract is a binding agr eement. Customers
should verify the accuracy of their Purchase Orders. Changes to P urchase Orders are
subject to the following:
Changes in the num ber of units, commodity number, description, features or colors can
only be made subject to the approval of the Contractor;
Changes to the method of delivery or the designated delivery location can only be made
subject to the approval of the Contractor;
Most furniture items are considered custom orders. If the Contractor approves an item for
return, the item may be subject to a re -stocking fee, plus freight charges.
5.17 Changes to Invoices
Changes to Invoices may be allowed if agreed upon by the Custom er, in writing. Additional
funds may not be available for orders funded by Legislative appropriation, pu blic grants, or
developed through an official requ est for quote or bid process. Payment revisions may also
be subject to the Customer's internal payment adjustment percentages or policies. A
responsible effort should be made by the Customer to accommodate typographical or
minor errors, but the ultimate responsibil ity for accuracy is with the Contractor and the.
Customer shall not be liable for circumstances beyond their control.
5.18 Special Sales Offers
Contractors are required to present a ny special sales offers or programs to the Department
for approval prior to implementation or presentation. A ny special sales proposals approved
for the Contract must be accessible by any Eligible Customer.
5.19 Servicing Dealers
Respondent shall name a minimum of two (2) Authorized Servicing Dealers or service
representatives for the Contract. Respondents are encouraged to utilize Certified Minority
Business Enterprise (CMBE) dealers. Respondent shall identify any CMBE dealers on the
Authorized Servicing Dealer & Manufacturer's Representatives Form (Section 7.2). Each
dealer or representative named will be responsible for product delivery and installation (if
applicable), as well as providing assistance to Eligible Customers. If Servicing Dealers will
be receiving orders on behalf of the Contractor, they are required to register in
MyFloridaMarketPlace, and registration confirmation shall be noted on the Servicing Dealer
Form. The Authorized Servicing Dealer & Manufacturer's Representatives Form will be
submitted to the Department electronically using the MyFloridaMarketPlace Sourcing Tool.,
per Section 3.9.1 of the solicitation.
Failure to provide the Authorized Servicing Dealer & Representatives form by the
date and time specified in Section 1.2. Timeline may result in the Respondent being
deemed non -responsive.
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5.20 Conformance to Codes
If installation is required, the authorized servicing dealer or Representative shall be
responsible for verifying furniture space plan/configuration fits the given space and that all
aisles, openings, and doors meet local fire and safety codes and are in conformance
with ADA regulations. Also, upon the request of the Department or Eligible Customer,
the Contractor shall be responsible for providing written verification of their product's
conformance to current fire and flammability codes, as regulated by the State of Florida.
5.21 Quantity Discounts
Respondents are urged to offer additional discounts for one tim e delivery of large single
orders of any assortment of items in the space provided on the price sheets. Such
discounts will not be considered in the evaluation of the Response.
5.22 Warranty
All products shall be warranted by the Contractor against m echanical, electrical, and
workmanship defects for a warranty period of at least 5 years, or the period stated in the
Manufacturer's warranty, whichever is greater. Fabric and pneumatic cylinders shall be
warranted for a minimum of 1 year.
Should defects become evident within the warranty period, th e Contractor shall either repair
the defective parts and materials or replace the contract item at no additional cost. The
warranty period shall start with the date of product acceptance and shall be extended to
include times during which the products are o ut of service for warranty repair.
5.23 Contract Service Requirements
Requests by Customers for Product Literature, Price Lists, and Specifications mustbe
provided within five (5) working days after receipt of written request, at no charge to
Customers. However, the Department shall review and approve all Product Literature,
Price Lists, and promotional materials before distribution to Custom ers.
5.24 Insurance, Worker's Compensation
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, which, at a minimum, shall be: workers' compensation and employer's liability
insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person,
and $500,000 policy aggregate) covering all employees engaged in any Contract work;
commercial general liability coverage on an occurrence basis in the minimum amount of
$500,000 (defense cost shall be in excess of the limit of liability), naming the State as an
additional insured; and automobile liability insurance covering all vehicles, owned or
otherwise, used in the Contract work, with minimum combined limits of $500,000, including
hired and non -owned liability, and $5,000 medical payment. Providing and maintaining
adequate insurance coverage is a material obligation of the Contractor and is of the essence
of the Contract. The Contract shall not limit the types of insurance Contractor may desire to
obtain or be required to obtain by law. 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 to write policies
49
in Florida. Copies of insurance certificates are to be mailed annually to the Contract
Administrator.
5.25 Ethical Business Practices
Contractor and servicing dealer partners shall work in partnership with the State to ensure
a successful and valuable contract. Ethical practices are required of State employees,
contractors, and all parties representing the contractor. All work performed under this
contract will be subject to review by the Inspector General of the State of Florida and the
Inspector General of the Department of Management Services, and any findings
suggesting unethical business practices may be cause for termination. Reference
General Contract Conditions, PUR 1000, Lobbying and Integrity, paragraph 4.18 for
additional requirements.
5.26 Contract Revisio ns
Revisions to product, pricing, terms, or presented materials must be approved by the
Department prior to advertisement or implementation. Requests for revision shall be
submitted in writing to the Contract Administrator for review and writing approval. See
Section 5.10, Price Adjustments, for more information.
Any GSA approved revision of pricing and products shall be submitted to State
Purchasing with the State reserving the right to a ccept or reject within 30 days, or cancel
the contract. Any increase accepted shall not become effective until approved by
State Purchasing.
5.27 Contractor State Contract Web Page
This Contract shall be available for review via MyFlorida.com. Within 30 days following
notice of contract award, Contractors are required to present a dedicated State Contract
Web Page to contain all inform ation listed below:
• Ordering Instructions (see Section 7.1)
• Servicing Dealers (see Secti on 7.2)
• Approved Contract prici ng (in Word, Excel, or PDF format)
• Environmental policy & Recycled Content Information, as addressed in Sections
3.14 and 3.15.
The Department shall link the Contractor's web page and Price Sheet (Section 6.1) to the
Contract site on htto://dms.mvflorida.com/. Contractor shall maintain this dedicated State
Contract Web Page for the life of the Contract.
Additional mandates include:
• If unauthorized information is discovered on the State Contract Web Page, the
Contractor's link may be immediately disconnected and the Contractor shall be
liable for any incorrect or unauthorized purchases, and any refunds due.
• Access to the Contractor's State Contract Web Page, or to links or documents on
that Web Page, shall not require a password.
• Contractor's State Contract Web Page shall be compatible with the current version
of browser software used by S tate Purchasing.
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• Barring unexpected technological interruptions or forces of nature, frequent or
consistent web page inaccessibil ity may be grounds for contract termination.
• Additional links to the Contractor's home page, product literature, or other pertinent
information may be included on the State Contract Web Page.
5.28 MyFloridaMarketPlace (MFMP) Electronic Catalog Requirement
Within 30 days following notice of award, Contractors shall provide a completed data
template that contains necessary information to enable your electronic catalog in
MyFloridaMarketPlace (MFMP). This format is generally Microsoft Excel. Necessary
information may include, but is not limited to, Contractor name, SKU, brand/Manufacturer,
product name and brief description, unit of measure, and price. Contractor shall provide
this information in the format required by the MyFloridaMarketPlace third -party Service
Provider. No costs or expenses associated with providing this information shall be charged
to the Department, C ustomers, or Service Provider.
5.29 Contract Sales Summary and Transaction Fee Reports
Contract Sales Summary: The Contractor is required to provide quarterly Contract Sales
Summary reports to the Contract Manager. Reports shall include:
• Contractor's Name
• Reporting Period
• Total dollar value of purchases per quarter differentiating between Eligible User
types, State Agencies and Political Subdivisions.
• Listing total dollar of Environmentally Preferred Products sales and contract sales
through Certified M inority Business Enterprises.
Initiation and submission of the Contract Sales Summaries are to be the responsibility of
the Contractor without prompting or notification by the Contract Manager. The Contractor
will submit the completed Contract Sales Summary forms by email to the Contract Manager
as stipulated. The Department shall distribute, in electronic format, the Contract Sales
Summary forms to be used by the Contractor up on Contract Formation, Section 2.17.
Failure to provide a quarterly report, including no sales, within thirty (30) calendar
days following the end of each quarter and/or contract year may result in the default
proceedings and termination of the contract by State Purchasing.
Transaction Fee Report: The Contractor is required to submit monthly Transaction Fee
Reports in electronic format. 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
feeprocessinqamyfloridamarketolace.com or 866-FLA-EPRO (866-352-3776) between the
hours of 8:00 AM to 5:30 PM Eastern Time. Refer to Section 4.14 for additional information
and requirements.
The Department reserves the right to request more detailed reports as necessary.
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5.30 Purchasing Card Program
The State of Florida has implemented a purchasing card program, currently using the Visa
platform. Contractors may receive payment from state agencies by the purchasing card in
the same manner as other Visa purchases. Visa acceptance is mandatory but is not the
exclusive method of payment. The State will not fill out any contractor forms or contracts in
association with the Contractor accepting a purchasing card payment. Contractors shall
not charge a fee for accepting a purchasing card payment. Surcharges or convenience
fees are prohibited. Fees should not be charged for using a purchasing card unless the
fees are charged for all methods of payment (cash, check, debit cards, vouchers, etc.), and
must be approved by the Customer prior to order acceptance.
On-line billing or payment systems maintained by the Contractor will not store the card
holder's account number and expiration date for re -use. Card holders will provide the
Contractor with card account i nformation at each transacti on.
5.31 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.
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SECTION 6.0
PRICE SHEET
CONTENTS:
6.1 PRICE SHEET
(MICROSOFT EXCELT"' ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S)
MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
[The remainder of this page is intentionally left blank (other than footer information).]
53
SECTION 7.0
FORMS
7.1 ORDERING INSTRUCTIONS
(MICROSOFT WORDT" ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S)
MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
7.2 AUTHORIZED SERVICING DEALER & MANUFACTURER'S REPRESENTATIVES
(MICROSOFT WORDT" ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S)
MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
7.3 SAVINGS / PRICE REDUCTIONS
(MICROSOFT WORD'" ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S)
MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
7.4 CONTRACT SIGNATURE PAGE
(PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE
SUBMITTED AS PART OF A SOLICITATION RESPONSE. ANY SUBMITTED ORIGINAL(S) MAINTAINED BY THE
DEPARTMENT OF MANAGEMENT SERVICES.)
7.5 CERTIFICATION OF DRUG -FREE WORKPLACE
(MICROSOFT WORDT" ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S)
MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
7.6 PRODUCT LIST
(MICROSOFT WORDT" ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S)
MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
7.7 REFERENCES
(MICROSOFT WORDT" ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S)
MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
7.8 SOLICITATION PREPARATION CHECKLIST
(MICROSOFT WORDT" ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S)
MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.)
[The remainder of this page is intentionally left blank (other than footer information).]
54
7.1 ORDERING INSTRUCTIONS
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RESPONDENT
NAME:
[Enter Respondent's Name]
RESPONDENT FEID
NO.:
[Enter Respondents Federal Employer Identification Number]
MFMP /SPURS
VENDOR NO.:
[Enter Respondent's MFMP / SPURS Vendor Number, if Known]
STREET ADDRESS:
[Enter Respondent's Street Address]
CITY, STATE and
ZIP:
[Enter Respondent's City, State and ZIP]
INTERNET
ADDRESS:
[Enter Respondents Internet Address]
TELEPHONE NO.:
[Enter Respondent's Main Telephone Number]
TOLL -FREE NO.:
[Enter Respondent's Main Toll -Free Telephone Number, if Available]
FAX NO.:
[Enter Respondents Main Fax Number]
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NAME:
[Enter Contacts Name]
TITLE:
[Enter Contact's Title]
STREET ADDRESS:
[Enter Contacts Street Address]
CITY, STATE and
ZIP:
[Enter Contacts City, State and ZIP]
E-MAIL ADDRESS:
[Enter Contacts E-Mail Address]
TELEPHONE NO.:
[Enter Contact's Telephone Number]
TOLL -FREE NO.:
[Enter Contact's Toll -Free Telephone Number, if Available]
CELL PHONE NO.:
[Enter Contact's Cell Phone Number (Optional)]
FAXNO.:
[Enter Contact's Fax Number]
' aK v edz" i1� ^«a"dkk �lrm`
; _ ter 0fri and ROrli o Information
REMIT -TO:
[Enter Respondent's Remit -To Name] Or Enter "See Servicing Dealer List"
REMIT -TO STREET
ADDRESS:
[Enter Respondents Remit -To Street Address]
REMIT -TO CITY,
STATE and ZIP:
[Enter Respondent's Remit -To City, State and ZIP]
Note: Please make sure the Ordering Instructions information provided above matches the MyFloridaMarketPlace ("MFMP")
Vendor Registration account information (http://vendor.myfloridamarketpiace.com/).
55
7.2 AUTHORIZED SERVICING DEALER & MANUFACTURER'S REPRESENTATIVES
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DEALER NAME:
[Enter Dealer's Name]
DEALER FEID NO.:
[Enter Dealer's Federal Employer Identification Number]
MFMP / SPURS
VENDOR NO.:
[Enter Dealer's MFMP / SPURS Vendor Number, if Known]
STREET ADDRESS:
[Enter Dealer's Street Address]
CITY, STATE and
ZIP:
[Enter Dealer's City, State and ZIP]
INTERNET
ADDRESS:
[Enter Dealer's Internet Address]
TELEPHONE NO.:
[Enter Dealer's Main Telephone Number]
TOLL -FREE NO.:
[Enter Dealer's Main Toll -Free Telephone Number, if Available]
FAX NO.:
[Enter Dealer's Main Fax Number]
nuf4C ..rer,Reprefailfartl „, a s :
MANUFACTURER'S
REPRESENTATIVE
NAME:
[Enter Manufacturer's Representative Name]
TITLE:
[Enter Manufacturer's Representative Title]
STREET ADDRESS:
[Enter Manufacturer's Representative Street Address]
CITY, STATE and
ZIP:
[Enter Manufacturer's Representative City, State and ZIP]
E-MAIL ADDRESS:
[Enter Manufacturer's Representative E-Mail Address]
TELEPHONE NO.:
[Enter Manufacturer's Representative Telephone Number]
TOLL -FREE NO.:
[Enter Manufacturer's Representative Toll -Free Telephone Number, if
Available]
CELL PHONE NO.:
[Enter Manufacturer's Representative Cell Phone Number (Optional)]
FAX NO.:
[Enter Manufacturer's Representative Fax Number]
GORAPHIC AREA
OF TERRITORY:
[Enter Manufacturer's Representative Geographic Area of Territory]
NOTES:
Note: Please make sure the Ordering Instructions information provided above matches the MyFloridaMarketPlace ("MFMP")
Vendor Registration account information (http://vendor.mvfloridamarketplace.com/).
PLEASE DUPLICATE THIS FORM ON ADDITIONAL TABS AS NEEDED
56
7.3 Savings / Price Reductions
SAVINGS/PRICE REDUCTIONS
The Respondent is required to fur nish the percent (%) savings price offered compared to MSRP.
DATE
Competitive prices offered in Section 6.1, Price Sheet, provide a base disc ount of _% off of the
MSRP.
HOW CAN WE VERIFY THE CLAIMED SAVINGS
AUTHORIZED SIGNATURE:
TELEPHONE NUMBER:
RESPONDENT NAME:
IF CONTRACT AWARDED, STATE PURCHASING ANALYST / SPECIALIST TOOK THE
FOLLOWING STEPS TO VERIFY THE SAVINGS OFFERED:
WHAT WERE THE RESULTS?
PURCHASING ANALYST / SPECIALIST:
57
7.4 Contract Signature Page
CONTRACT
This Contract, effective (date to be determined) is by and between the State of Florida,
Department of Management Services ("Department"), an agency of the State of Florida with offices
at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below as
Contractor ("Contractor").
The Contractor responded to the Department's Invitation to Bid No. 14-420-420-M;
Educational/Institutional Furniture. The Department has determined to accept select Contractor's
responses and to enter into this Contract in accordance with the requirements, terms, and
conditions of the solicitation.
Accordingly, and in consideration of the mutual promises contained in the Contract
documents, the Department and the Contractor do hereby enter into this Contract, which is a state
term contract authorized by section 287.042(2)(a) of the Florida Statutes (2001). The term of the
Contract begins on the Effective Date for a period of 48 months. The Contract consists of the
following documents, which, in case of conflict, shall have priority in the order listed, and which are
hereby incorporated as if fully set forth:
• Any written amendments to the Contract
• This document, Section 7.4, Contract Signature Page
• Section 5.0, Special Contract Conditions
• Section 3.0, Special Instructions to Respondents
• Section 4.0, General Contract Conditions [ PUR1000 (10/06)]
• Section 2.0, General Instructions to Respondents [PUR1001 (10/06)]
• Section 6.1, Price Sheet
• Section 7.0, Forms
• Any Purchase Order under the Contract
• Contractor's response
State of Florida, Date
Department of Management Services
By: Linda H. South, Secretary
Contractor Name: (Seal)
Street Address or P.O. Box:
City, State, Zip:
By:
Its:
Date
Approved as to form and legal ity by the General Counsel' s Office:
Print Name: Date:
58
7.5 Certification of Drug -Free Workplace
Section 287.087 of the Florida Statutes provides that, where identical tie bids are received,
preference shall be given to a bid received from a Bidder that certifies it has implemented a drug -
free workforce program. Please sign below and return this form to certify that your business has a
drug -free workplace program.
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and
specifying the actions that wil I be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation and
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under Bid a copy of the statement specified in Subsection (1).
4) In the statement specified in Subsection (1), notify the e mployees, as a condition of working
on the commodities or contractual services that are under Bid, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of
the United States or any State, for a violation occurring in the workplace no later than five
(5) days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements. False statements are punishable at law .
DATE:
ORGANIZATION NAME:
BY:
59
7.6 Product List
PRODUCT LIST
Please identify each type of product your company offers for this solicitation. This list will be used
to compile an on-line reference guide for state contract customers. Failure to submit this
completed form with your response may be grounds for rejection of your response.
DORMITORY FURNITURE:
_Beds, Tables, Storage
_Lounge Furniture
Desks, Chairs
HEALTHCARE FURNITURE:
Patient Room Furniture
_Waiting Room Furniture
_Nurses Station Desks & Seating
CLASSROOM FURNITURE:
Student/Teacher Desks & Seating
_Lab Furniture (Fume Hoods, Tables, Storage)
Computer Furniture
_Storage, Bookcases
CAFETERIA & DINING FURNITURE:
Booths
Tables, Chairs, Stools
Cabinets
INSTITUTIONAL FURNITURE:
Lockers
_Auditorium Seating
_Multiple Seating Units (including Fixed or Ganged Seating)
_Lobby, Lounge Furniture
_Stages, Risers
_Folding Tables & Chairs
_Display Cabinets
OUTDOOR FURNITURE:
_Tables, Chairs
Benches
CORRECTIONAL:
_Tables, Chairs
Benches
Beds
60
7.7 References
REFERENCES
Please identify below three (3) Eligible Users as defined in Section 3.3(d) who have purchased
furniture from Respondent in the last 24 m onths. This completed form must be submitted in the
Sourcing Tool in MyFloridaMarketPlace.
Reference solicitation section 3.9.9 References, for additional requirements.
Failure to supply required documentation may result in the resection of your response.
Reference #1:
Agency or Institution:
Contact Name:
Address:
City, State, Zip:
Telephone Number:
Email address (if available):
Date project com pleted:
Reference #2:
Agency or Institution:
Contact Name:
Address:
City, State, Zip:
Telephone Number:
Email address (if available):
Dateproject com pleted:
Reference #3:
Agency or Institution:
Contact Name:
Address:
City, State, Zip:
Telephone Number:
Email address (if available):
Date project com pleted:
61
7.8 Solicitation Preparation Checklist
The Solicitation Preparation Checklist is a guide to assist the Respondent in verifying the
completeness of their response. The Solicitation Preparation Checklist does not relieve the
Respondent of the responsibility of ensuring that all requirements of the solicitation are met with
submittal of their response. Check off each of the following as you com ply:
The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee
reporting and payment requirements as specified in the requirements, terms, and
conditions of all previous or existing agreements with State of Florida agencies.
Download, read, understand, and agree to the entire solicitation, including all
attachments (ITB No. 14-420-420-M; Educational/Institutional Furniture: Sections
1.0 through 7.8 of the solicitation, and the MyFloridaMarketPlace RFX Info tab
contents).
Review and abide by the Timeline, Section 1.2 of the solicitation.
If necessary, review the MyFloridaMarketPlace Sourcing Tool Online Training Guide
and/or receive assistance from the MyFloridaMarketPlace Customer Service Desk
at 866-FLA-EPRO (866-352-3776) or vendorhelpem vfloridamarketplace.com.
Submit any Questions via the MyFloridaMarketPlace Q&A Board, no later than as
specified in the Timeline, Section 1.2 of the solicitation.
View the Department's Answers .to the submitted questions as posted in any
Addendum or Amendment to the solicitation on the MyFloridaMarketPlace Sourcing
Tool and/or Vendor Bid System.
Complete and upload the Price Sheet, Ordering Instructions, Authorized Servicing
Dealer & Manufacturer. Representatives, Savings/Price Reduction, Product List and
References to the MyFloridaMarketPlace Sourcing Tool as required.
Provide answers to all required questions within the MyFloridaMarketPlace
Sourcing Tool.
Submit response using the My FloridaMarketPlace Sourcing Tool.
Mail any required documents and forms specified in Section 3.9, Submittal of
Response, of the solicitation documents to the attention of:
Mina E. Barekat, CPM, FCCM
Purchasing Analyst
Division of State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
The outer packaging shall clearly state Solicitation Title, Solicitation Number,
and Solicitation Opening Date and .Time.
62