Floor Maintenance Machines Contract No.: 365-001-11-1 AMENDMENT NO.: 1

Floor Maintenance Machines Contract No.:  365-001-11-1 AMENDMENT NO.: 1
AMENDMENT NO.: 1
RENEWAL NO.: 1
Floor Maintenance Machines
Contract No.: 365-001-11-1
This Amendment, effective November 24, 2014, 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 (Contractor), and amends 365-001-11-1 Floor Maintenance Machines
State Term Contract.
WHEREAS, the Department awarded the above referenced Contract to Company for the provisions of Floor
Maintenance Machines; and
WHEREAS, the Parties agree to amend the contract as provided in sections 4.42 of State Term Contract No.
365-001-11-1; and
WHEREAS, the Parties agree to execute a renewal to the contract as provided in sections 4.26 and 5.2 of
State Term Contract No. 365-001-11-1; and
THEREFORE, in consideration of the mutual promises contained below, and other good and valuable
consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following;
1.0 Preferred Pricing Compliance.
Paragraph 5.9 Preferred Pricing Compliance is deleted in its entirety and replaced with the following:
5.9 Best Pricing Offer
The Contractor agrees to submit to Department at least annually an affidavit from an authorized
representative attesting that the Contractor is in compliance with the best pricing provision in Section 4(b)
of form PUR 1000. (Attachment A of contract)
2.0 Contract Renewal.
State Term Contract No. 365-001-11-1 is renewed for a period of four (4) years, with a new contract
expiration date of November 23, 2018.
3.0 Public Records, Scrutinized Company List, and E-Verify.
Section 5 is amended to add the additional paragraphs recognizing Public Records, Scrutinized Company
List, and E-Verify as Paragraph 5.18, 5.19 and 5.20 respectively:
5.18. Contractor - Public Records
If, under this contract, the Contractor is providing services and is acting on behalf of the Department as
provided under section 119.011(2), Florida Statutes, the Contractor, subject to the terms of section
287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
Department in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the
Department would provide the records and at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all
public records in possession of the Contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the Department in a format that is
compatible with the information technology systems of the Department.
The Department may unilaterally cancel this Contract for refusal by the Service Provider to comply with
this section by not allowing public access to all documents, papers, letters, or other material made or
received by the contractor in conjunction with the contract, unless the records are exempt from s. 24(a)
of Art. I of the State Constitution and s. 119.07(1).
5.19. Scrutinized Company List
Pursuant to subsection 287.135(5), F.S., by submitting a response to a procurement to which this
clause is attached or by signing a contract or renewal of a contract where the value exceeds $1 million
to which this clause is attached, the Respondent or Contractor certifies that it is not listed on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, created pursuant to section 215.473, F.S.
Pursuant to subsection 287.135(3)(b), F.S, Department may immediately terminate any contract for
cause if the Contractor is found to have submitted a false certification under subsection 287.135(5),
F.S., or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the
Contract.
5.20 Employment Verification (E-Verify)
Pursuant to State of Florida Executive Order Number 11-116, Contractor is required to utilize the U.S.
Department of Homeland Security’s E-Verify system to verify eligibility of all new employees hired by
the Contractor to work in the U.S. during the Contract term. Also, Contractor shall include in related
subcontracts a requirement that subcontractors performing work or providing services pursuant to the
Contract utilize the E-Verify system to verify the eligibility of all new employees hired by the
subcontractor to work in the U.S. during the Contract term.
4.0 Conflict.
To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this
Amendment shall control.
5.0 Warrant of Authority.
Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the
respective party.
6.0 Effect.
Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall
continue in full force and effect.
2
State of Florida,
Department of Management Services:
Contractor:
By: ___________________________
By: ___________________________________
Name: Kelley J. Scott
Name: _________________________________
Director of State Purchasing and
Title: Chief Procurement Officer
Title: __________________________________
Date: ___________________________
Date: __________________________________
3
4050 Esplanade Way
Tallahassee, Florida 32399-0950
Tel: 850.488.2786 | Fax: 850. 922.6149
Rick Scott, Governor
Craig J. Nichols, Agency Secretary
CERTIFICATION OF CONTRACT
TITLE: Floor Maintenance Machines
CONTRACT NO.: 365-001-11-1
ITB NO.: 11-365-001-M
EFFECTIVE: November 22, 2010 through November 23, 2014
1st RENEWAL: November 22, 2014 through November 23, 2018
(Rev 31 Oct 14)
CONTRACTOR(S):
All-State Company dba Norman's Vacuum Supply (R)
Karcher North America, Inc. dba Windsor a member of KNA (A)
Lawton Bros., Inc. (Y)
Nilfisk-Advance, Inc. (A)
Tennant Sales & Service Company (A)
A.
AUTHORITY – Upon affirmative action taken by the State of Florida Department of Management
Services, a Contract has been executed between the State of Florida and the designated Contractor(s).
B.
EFFECT – This Contract was entered into to provide economies in the purchase of Library 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 prices, discounts, requirements,
specifications, terms, and conditions of this Contract and with the Contractor(s) specified.
C.
ORDERING INSTRUCTIONS – All purchase orders shall be issued in accordance with the attached
ordering instructions, requirements, terms, and conditions. Purchaser shall order at the prices and
discounts indicated, exclusive of all Federal, State, and local taxes.
All Contract purchase orders shall show the State Purchasing Contract number, Commodity Code
number, Line number, description of item, quantity, with unit prices extended and purchase order
totaled. (This requirement may be waived when purchase is made by a blanket purchase order.)
D.
CONTRACTOR PERFORMANCE – Agencies shall report any Contractor failure to perform according
to the requirements of this Contract on Complaint to Vendor, form PUR7017. Should the Contractor fail
to correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance,
is to be filed with this office.
E.
SPECIAL AND GENERAL CONDITIONS – Special and general conditions are enclosed for your
information.
4
CONTRACT MANAGER / CONTRACT ADMINISTRATOR
NAME: Jamie Harley
TELEPHONE: 850-414-6740
E-MAIL: [email protected]
(Rev 31 Oct 14)
[The remainder of this page is intentionally left blank (other than footer information).]
5
CONTRACT BETWEEN
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
AND
[CONTRACTOR NAME]
This Contract is between the State of Florida (“State”), Department of Management Services (“Department”),
Division of State Purchasing (“Division”), an agency of the State of Florida with offices at 4050 Esplanade Way,
Tallahassee, Florida 32399-0950, and [CONTRACTOR NAME] (“Contractor”).
Whereas, the Contractor replied to the Division’s Invitation to Bid (“ITB”) No. 11-365-001-M; Floor Maintenance
Machines, Commercial;
Whereas, the Division accepted the lowest responsive and responsible offers for Commercial Floor
Maintenance Machines pursuant to Section 287.057(1)(c), Florida Statutes, and the requirements,
specifications, terms, and conditions of ITB No. 11-365-001-M; Floor Maintenance Machines, Commercial;
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), Florida Statutes.
I.
NAME OF PROJECT
State Term Contract No. 365-001-11-1; Floor Maintenance Machines, Commercial
II.
SUMMARY OF THE CONTRACTUAL SERVICES / SCOPE OF WORK
The purpose is to establish a State Term Contract for the acquisition of Commercial Floor Maintenance
Machines. Contractors shall provide Commercial Floor Maintenance Machines in all respects in
accordance with the Contract documents and to the satisfaction of the Department.
lll.
CONTRACT DOCUMENTS
The Contract includes this document and the following attached documents. If a conflict exists among
any of the attached documents, the documents shall have priority in the order listed:
 This document
 Any written Amendments to the Contract
 ITB No. 11-365-001-M; Floor Maintenance Machines, Commercial (as amended)
 Section 7.1, Price Sheet & Ordering Instructions (As Approved by the Department)
 Section 6.0, Technical Specifications
 Section 5.0, Special Conditions
 Section 4.0, General Contract Conditions [PUR1000 (10/06)]
 Section 3.0, Special Instructions to Respondents
 Section 2.0, General Instructions to Respondents [PUR1001 (10/06)]
 Section 1.0, Introduction
 Contractor’s Response to ITB No. 11-365-001-M; Floor Maintenance Machines, Commercial
lV.
EFFECTIVE DATE
This Contract shall begin on the last date in which it is signed by all parties.
V.
EXPIRATION DATE
This Contract shall expire on November 24, 2014, unless terminated earlier in accordance with its
terms.
VI.
RENEWAL
Upon mutual written agreement, the Department and the Contractor may renew the Contract for up to
four (4) additional years, pursuant to the provision of Section 4.26, Renewal.
Vll.
DELIVERABLES
6
The Contract Deliverables are identified in and shall be provided in accordance with the following
requirements, specifications, terms, and conditions:
 Any written Amendments to the Contract
 Section 7.1, Price Sheet & Ordering Instructions (As Approved by the Department)
 Section 6.0, Technical Specifications
 Section 5.0, Special Conditions
 Section 4.0, General Contract Conditions [PUR1000 (10/06)]
 Section 3.0, Special Instructions to Respondents
 Section 2.0, General Instructions to Respondents [PUR1001 (10/06)]
 Section 1.0, Introduction
Vlll.
SUMMARY OF PENALTY FOR FAILURE OF CONTRACTOR TO MEET DELIVERABLES
Termination for Convenience: as provided in Section 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.
Termination for Cause: as provided in Section 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.
X.
PREFERRED PRICE
Per the provisions of Section 5.9, Preferred Pricing Compliance.
XI.
INTELLECTUAL PROPERTY
The parties do not anticipate that any intellectual property will be developed as a result of this contract.,
however, any intellectual property developed as a result of this contract will belong to and be the sole
property of the state. This provision will survive the termination or expiration of the contract.
XII.
CONTRACT MANAGEMENT
 Contract Manager / Contract Administrator
The Contract Manager is the Department employee who is primarily responsible for overseeing
the Contractor’s performance of its duties and obligations pursuant to the terms of this Contract.
The Contract Administrator is the Department employee who is primarily responsible for
maintaining the Contract administration file. The Contract Manager / Contract Administrator
shall be as follows:
Mina Barekat, CPM, CSM, FCCM
Division of State Purchasing
Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
Telephone: 850-488-1985
Fax: 850-414-6122
E-Mail: [email protected]
The Department may appoint a different Contract Manager / Contract Administrator, which shall
not constitute an Amendment to the Contract, by sending written notice to Contractor. Any
communication to the Department relating to the Contract shall be addressed to the Contract
Manager / Contract Administrator.

Contractor’s Representative
Per Section 7.1, Price Sheet & Ordering Instructions, Ordering Instructions form.
7
Changes to the Contractor’s Representative and Ordering Instructions information shall be
requested in accordance with Section 5.5, Ordering Instructions Information. Any Ordering
Instructions updates or changes shall not constitute an Amendment to the Contract.
State of Florida
Department of Management Services
Approved as to form and legality
by the Department General Counsel’s Office
By:
Date
Date
Contractor:
[CONTRACTOR NAME]
Signature
Print Name
Date
8
TABLE OF CONTENTS
1.0
2.0
3.0
4.0
5.0
6.0
7.0
INTRODUCTION
GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06)]
SPECIAL INSTRUCTIONS TO RESPONDENTS
GENERAL CONTRACT CONDITIONS [PUR1000 (10/06)]
SPECIAL CONDITIONS
TECHNICAL SPECIFICATIONS
PRICE SHEET & ORDERING INSTRUCTIONS AND FORMS
[The remainder of this page is intentionally left blank (other than footer information).]
9
SECTION 1.0
INTRODUCTION
CONTENTS:
1.1
PURPOSE AND SCOPE
1.2
TIMELINE
[The remainder of this page is intentionally left blank (other than footer information).]
10
1.1
Purpose and Scope
The State of Florida (“State”), Department of Management Services (“Department”), invites interested
Vendors, including Commercial Floor Maintenance Machines Manufacturers and Dealers, to submit
Responses in accordance with these solicitation documents. The purpose of the solicitation is to
establish a State Term Contract for the acquisition of Commercial Floor Maintenance Machines with
potential options for renewals as allowed by Chapter 287, Florida Statutes.
The intent of the solicitation is to obtain the most cost effective Commercial Floor Maintenance
Machines for the State of Florida while maximizing availability, quality, and level of service. Qualified
Vendors must have the capability to provide Commercial Floor Maintenance Machines in all respects in
accordance with the solicitation documents and to the satisfaction of the Department.
The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per
Section 2.17, and to end November 24, 2014, with potential options to renew per Chapter 287, Florida
Statutes.
1.2
Timeline
Event
Event Date
Issue Solicitation within MyFloridaMarketPlace Sourcing Tool (Provide Notice within
Vendor Bid System).
September 24, 2010
Questions from Vendors Due via Q&A Board within MyFloridaMarketPlace Sourcing
Tool (No later than 2:00 pm ET).
October 01, 2010
Post Responses to Vendor Questions within MyFloridaMarketPlace Sourcing Tool
and Vendor Bid System.
October 11, 2010
Solicitation Responses Due within MyFloridaMarketPlace Sourcing Tool (Some
Required Documents via Mail) (No later than 4:00 pm ET).
October 22, 2010
Post Notice of Intended Award within Vendor Bid System (Per Section 2.13,
Electronic Posting of Notice of Intended Award).
November 08, 2010
Per Section 2.17, Contract
Formation
Contract Award.
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 Response 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 Response.
[The remainder of this page is intentionally left blank (other than footer information).]
11
SECTION 2.0
GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06)]
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.
[The remainder of this page is intentionally left blank (other than footer information).]
12
2.1 Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following
additional terms are also defined:
(a) "Buyer" means the entity that has released the solicitation. The “Buyer” may also be the “Customer” as
defined in the PUR 1000 if that entity meets the definition of both terms.
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials.
(c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions.
(d) "Response" means the material submitted by the respondent in answering the solicitation.
(e) "Timeline" means the list of critical dates and actions included in the Introductory Materials.
2.2 General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the
materials contained herein and prepare responses accordingly.
2.3 Electronic Submission of Responses. Respondents are required to submit responses electronically.
For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments
hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol
or process) attached to or logically associated with the response created by the respondent within
MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response
constitutes:
 an electronic signature on the response, generally,
 an electronic signature on any form or section specifically calling for a signature, and
 an affirmative agreement to any statement contained in the solicitation that requires a definite
confirmation or acknowledgement.
2.4 Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation,
which, in case of conflict, shall have the order of precedence listed:
 Technical Specifications,
 Special Conditions and Instructions,
 Instructions to Respondents (PUR 1001),
 General Conditions (PUR 1000), and
 Introductory Materials.
The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent,
including any appearing in documents attached as part of a respondent’s response. In submitting its response,
a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently,
shall have no force or effect. Failure to comply with terms and conditions, including those specifying
information that must be submitted with a response, shall be grounds for rejecting a response.
2.5 Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer.
Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO
LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with
the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be
able to view. Respondents shall not contact any other employee of the Buyer or the State for information with
respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for
new or changing information. The Buyer shall not be bound by any verbal information or by any written
information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's
contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute
formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these
Instructions.
2.6 Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall
disclose with their response the name of any officer, director, employee or other agent who is also an
employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or
indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.
13
2.7 Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a
public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being
placed on the convicted vendor list:
 submitting a bid on a contract to provide any goods or services to a public entity;
 submitting a bid on a contract with a public entity for the construction or repair of a public building or
public work;
 submitting bids on leases of real property to a public entity;
 being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and
 transacting business with any public entity in excess of the Category Two threshold amount ($25,000)
provided in section 287.017 of the Florida Statutes.
2.8 Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section
287.134 of the Florida Statutes may not:
 submit a bid on a contract to provide any goods or services to a public entity;
 submit a bid on a contract with a public entity for the construction or repair of a public building or public
work;
 submit bids on leases of real property to a public entity;
 be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract
with any public entity; or
 transact business with any public entity.
2.9 Respondent’s Representation and Authorization. In submitting a response, each respondent
understands, represents, and acknowledges the following (if the respondent cannot so certify to any of
following, the respondent shall submit with its response a written explanation of why it cannot do so).







The respondent is not currently under suspension or debarment by the State or any other governmental
authority.
To the best of the knowledge of the person signing the response, the respondent, its affiliates,
subsidiaries, directors, officers, and employees are not currently under investigation by any
governmental authority and have not in the last ten (10) years been convicted or found liable for any act
prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any
public contract.
Respondent currently has no delinquent obligations to the State, including a claim by the State for
liquidated damages under any other contract.
The submission is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary or other noncompetitive response.
The prices and amounts have been arrived at independently and without consultation, communication,
or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual
or approximate, have been disclosed to any respondent or potential respondent, and they will not be
disclosed before the solicitation opening.
The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as
defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of
the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for
violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material
misrepresentation with respect to a public contract. This includes disclosure of the names of current
employees who were convicted of contract crimes while in the employ of another company.
Neither the respondent nor any person associated with it in the capacity of owner, partner, director,
officer, principal, investigator, project director, manager, auditor, or position involving the administration
of federal funds:
o Has within the preceding three years been convicted of or had a civil judgment rendered against
them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state,
or local government transaction or public contract; violation of federal or state antitrust statutes; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property; or
14
o






Has within a three-year period preceding this certification had one or more federal, state, or local
government contracts terminated for cause or default.
The product offered by the respondent will conform to the specifications without exception.
The respondent has read and understands the Contract terms and conditions, and the submission is
made in conformance with those terms and conditions.
If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the
Contract that is formed with the State.
The respondent has made a diligent inquiry of its employees and agents responsible for preparing,
approving, or submitting the response, and has been advised by each of them that he or she has not
participated in any communication, consultation, discussion, agreement, collusion, act or other conduct
inconsistent with any of the statements and representations made in the response.
The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any
cost, damage, or expense which may be incurred or be caused by any error in the respondent’s
preparation of its bid.
All information provided by, and representations made by, the respondent are material and important
and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as
fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A
misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the
Florida Statutes.
2.10 Manufacturer’s Name and Approved Equivalents. Unless otherwise specified, any manufacturers’
names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not
restrictive. With the Buyer’s prior approval, the Contractor may provide any product that meets or exceeds the
applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog
materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a
product is acceptable as an equivalent.
2.11 Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether
the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent
shall 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/vbs_www.main_menu. If the notice of award is delayed, in lieu of posting the
notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of
intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of
15
protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award
by telephone.
2.14 Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening,
during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty
(60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from
the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration
may, in the Buyer's sole discretion, be accepted or rejected.
2.15 Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request
any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible
for Contract award. Failure to provide requested information may result in rejection of the response.
2.16 Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or
separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer
determines that doing so will serve the State’s best interests. The Buyer may reject any response not
submitted in the manner specified by the solicitation documents.
2.17 Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s),
however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract.
The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or
for any work performed before the Contract is effective.
2.18 Contract Overlap. Respondents shall identify any products covered by this solicitation that they are
currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor
authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its
best interest.
2.19 Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public
records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all
responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that
its response contains information that is exempt from the public records law shall clearly segregate and mark
that information and provide the specific statutory citation for such exemption.
2.20 Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3)
and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the
Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that
specifications are written to obtain the best value for the State and that specifications are written to ensure
competitiveness, fairness, necessity and reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code 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, Florida Statutes."
Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation:
"Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the
bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes.”
2.21 Limitation on Vendor Contact with Agency During Solicitation Period. Respondents to this
solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the
end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays,
Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any
16
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.
[The remainder of this page is intentionally left blank (other than footer information).]
17
SECTION 3.0
SPECIAL INSTRUCTIONS TO RESPONDENTS
CONTENTS:
3.1
CONTACT PERSON
3.2
TERMS AND CONDITIONS
3.3
DEFINITIONS
3.4
WHO MAY RESPOND
3.5
MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW
3.6
AMENDMENTS OR ADDENDUMS TO THE SOLICITATION DOCUMENTS
3.7
ESTIMATED QUANTITIES
3.8
COST SAVING OBJECTIVE
3.9
SUBMITTAL OF RESPONSE
3.10 EVALUATION CRITERIA
3.11 BASIS FOR AWARD
3.12 STATE OBJECTIVES
3.13 LOBBYING
[The remainder of this page is intentionally left blank (other than footer information).]
18
3.1
Contact Person
Refer ALL Inquiries to:
Mina Barekat, CPM, CSM, 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)
m[email protected]
Please Note: All solicitation related Questions must be submitted through the MyFloridaMarketPlace
Sourcing Tool Q&A Board per Section 2.5; MyFloridaMarketPlace system Questions may be answered in
the MyFloridaMarketPlace Solicitation Overview, Section 3.5. Any additional technical Questions related
to the MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk
at 866-FLA-EPRO (866-352-3776) or [email protected]
3.2
Terms and Conditions
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 6.0, Technical Specifications
Section 5.0, Special 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 7.0, Price Sheet & Ordering Instructions and Forms
The Department objects to and shall not consider any additional terms or conditions submitted by a
Respondent, including any appearing in documents attached as part of a Respondent’s Response. In
submitting its Response, the Respondent agrees that any additional terms or conditions, whether
submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with the
solicitation requirements, specifications, terms, and conditions, including those specifying information
that must be submitted with a Response, shall be grounds for rejecting a Response.
This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions.
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 Department 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.
19
(d)
“Eligible User(s)” is defined in 60A-1.005, F.A.C. The following entities are eligible users:
1. All governmental agencies, as defined in Section 163.3164, F.S., which have a physical
presence within the State of Florida;
2. Any independent, non-profit college or university that is located within the State of Florida
and is accredited by the Southern Association of Colleges and Schools.
Section 287.056 of the Florida Statutes governs agencies’ use of the Contract. Others may
seek Department approval under section 287.042(2)(a) as an eligible user of the Contract.
(e)
“Vendor(s)” means the entity that believes itself capable and is in the business of providing a
Commodity and / or service similar to those within the solicitation, and may or may not respond
to the solicitation.
(f)
“Contractor(s)” means the Respondent that has been awarded and 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)
“Dealer(s)” means a Manufacturer’s certified representative authorized by the Manufacturer to
market, sell, provide, and / or service specific Commodities and / or services of the
Manufacturer in the State of Florida.
(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
Commodities and contractual services which meet specific requirements, specifications, terms,
and conditions herein.
(k)
“Machine(s)”, “Equipment”, or “Unit(s)”, unless stated otherwise, means a Department specified
Commodity, which meets the requirements, specifications, terms, and conditions herein, and
may include components, features, and configurations different than those provided by the
Manufacturer and Dealer on the standard version of the Commodity.
(l)
“Parts(s)”, “Attachment(s)”, “Accessory(ies)” means an original Manufacturer’s equipment
related optional component, feature, or configuration, which meets the requirements,
specifications, terms, and conditions herein, and may be installed to, uninstalled from, or
provided with or separately from the Equipment by the Manufacturer or Dealer, as is specified,
ordered, legal, customary, reasonable, and prudent in the industry.
(m)
“MSRP(s)” is an acronym for the Manufacturer’s Suggested Retail Price. It represents the
Manufacturer’s pre-determined and 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, if awarded.
“MSRP List(s)” is an acronym for the Manufacturer’s Suggested Retail Price List, a collection of
MSRPs and related information.
MSRPs and MSRP Lists must be formally published, and verifiable by the Department. MSRPs
and MSRP Lists may not be custom or solely developed, created, maintained, altered, revised,
changed, modified, or utilized for purposes of the solicitation and resulting Contract, if awarded.
(n)
“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.
20
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/category/100000.
(o)
3.4
“Manufacturer’s Representative,” refers to a person engaged by the Manufacturer to sell or
promote sales of the Manufacturer’s products.
Who May Respond
The Department will accept Responses from capable Commercial Floor Maintenance Machines
Manufacturers and Dealers, 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.
By submitting a Response, each Respondent certifies that it understands, agrees to, and satisfies all
criteria specified in the solicitation documents. The Department may request, and the Respondent shall
provide, supporting information and documentation. Failure to supply supporting information and
documentation as required or requested may result in disqualification of the Response.
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 or have requested a
registration update, please be advised that a minimum of forty-eight (48) hours will be required for
access to the MyFloridaMarketPlace 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:
https://sourcing.myfloridamarketplace.com/. Optional training on how to respond to this solicitation
electronically is offered at: http://marketplace.myflorida.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
MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776)
[email protected]
 For additional information or assistance on using the Sourcing Tool, please visit
MyFloridaMarketPlace
website
at
the
following
http://marketplace.myflorida.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
21
the
or:
the
link:
When working in the MyFloridaMarketPlace 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.
Please note that clicking the SAVE button within the MyFloridaMarketPlace 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 SUMMARY page of the solicitation Response.
After clicking the SUBMIT button, it is the Respondent’s responsibility to check any submitted
Response within the MyFloridaMarketPlace Sourcing Tool to verify that the Response is accurately
and completely captured within the MyFloridaMarketPlace 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 MyFloridaMarketPlace 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 intended
Response within the MyFloridaMarketPlace Sourcing 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 MyFloridaMarketPlace Sourcing
Tool?
 Required Items - Are all items listed in the solicitation completed as required
within the MyFloridaMarketPlace Sourcing 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 Response 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
Response.
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, Addendum, Amendment, or close of
solicitations. Vendors are responsible for checking the MyFloridaMarketPlace Sourcing Tool
and the Vendor Bid System for information and updates concerning solicitations.
3.6
Amendments or Addendums to the Solicitation Documents
22
The Department reserves the right to issue Amendments or Addendums to the solicitation. Notice of
any Amendment or Addendum will be posted within the MyFloridaMarketPlace Sourcing Tool and / or
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
Estimated Quantities
To assist Respondents in the solicitation process, average estimated annual historical spend
information is provided. Spend information is based on historic data. This figure shall not be construed
as a commitment.

Estimated Annual Spend: $1 Million ($1M USD)
The above figure reflects estimated annual spend generated by Eligible Users of past contracts for
similar commodities and is not a commitment.
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.
3.8
Cost Savings Objective
Chapter 2010-151, Laws of Florida, Section 47, provides the following:
Each state agency, as defined in s. 216.011, Florida Statutes, shall review existing contract renewals
and reprocurements with private providers and public-private providers in an effort to reduce contract
payments by at least 3 percent. It is the statewide goal to achieve substantial savings; however, it is
the intent of the Legislature that the level and quality of services not be affected. Each agency shall
renegotiate and reprocure contracts consistent with this section. Any savings that accrue through
renegotiating the renewal or reprocurement of an existing contract shall be placed in reserve by the
Executive Office of the Governor.
In order to achieve this objective, the Department seeks to achieve a cost savings of at least 3 percent
when compared to the pricing contained in the Department’s most recent state term contract for these
commodities. Current and previous contracts can be accessed through the Division of State
Purchasing website at:
http://dms.myflorida.com/business_operations/state_purchasing.
3.9
Submittal of Response
3.9.1
Submittal of Offer
Respondents shall submit their offers via the MyFloridaMarketPlace Sourcing Tool
(https://sourcing.myfloridamarketplace.com/). The Response shall include all appropriate pricing,
discounts, documents, forms, files, question responses, and information responses located within
the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or requested pricing,
discounts, documents, forms, files, question responses, and information responses will be entered
electronically in the MyFloridaMarketPlace Sourcing Tool, or as otherwise indicated. If instructions
23
to mail a specific document, form, or file are provided, then those specific documents, forms, or files
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.
11-365-001-M; Floor Maintenance Machines, Commercial), 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 the Respondent submits more than one Response in the MyFloridaMarketPlace
Sourcing Tool, only the last Response received by the system shall be considered for award.
Previous Responses will not be visible to the State of Florida. Responses (other than documents,
files, or form submissions indicated by the solicitation to be mailed) not submitted within the
MyFloridaMarketPlace Sourcing Tool shall be rejected. The MyFloridaMarketPlace Sourcing Tool
will require Respondents to review the Solicitation Preparation Checklist (Section 7.2) 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 the 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 MyFloridaMarketPlace Sourcing
Tool 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
MyFloridaMarketplace 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.
3.9.2
Price Sheet & Ordering Instructions Responses
Price Sheet & Ordering Instructions Responses will be submitted in the locations and formats
provided in the Price Sheet & Ordering Instructions, Section 7.1, as described and / or referenced
within this Section, 3.9.2.
The Price Sheet & Ordering Instructions, Section 7.1, is contained within a separate Microsoft
Excel™ workbook. There are three (3) individual spreadsheet tabs within the Price Sheet &
Ordering Instructions: one (1) Section A. – GSA Price Sheet tab (per this Section 3.9.2), one (1)
Section B. – Non-GSA Price Sheet tab (per this Section 3.9.2) and one (1) Ordering Instructions
Form tab (per Section 3.9.7, Ordering Instructions, and 5.5, Ordering Instructions Information).
All related information must be supplied and submitted in the appropriate fields, provided locations,
and formats required on the Price Sheet & Ordering Instructions, Section 7.1.
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:

Prices for GSA Approved Products – Discount off Manufacturer’s current commercial
published price list (MSRP) with the GSA – approved discount structure OR the published GSA
discounted price list (net price catalog).
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%).
24
For more information please refer to Transaction Fee reporting available online at the
Vendor Training subsections under Vendors on the MyFloridaMarketPlace website,
located at http://dms.myflorida.com/mfmp).

Prices for Products Not on GSA – Prices offered shall represent the lowest price available in
the public sector for like volumes.
State Purchasing reserves the right to reject Responses with prices, discounts, and/or terms less
favorable than those offered to other public entities in the State (i.e., city or county contracts), other
states, public cooperative groups, and/or do not offer the best value to the State.

Ordering Instructions – Information regarding the Ordering Instructions and their submission
can be found in Section 3.9.7, Ordering Instructions, and 5.5 Ordering Instructions Information.
The Price Sheet & Ordering Instructions, Section 7.1, will be submitted to the Department
electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.9.1 of the solicitation.
Failure to properly submit or provide a compliant Section 7.1, Price Sheet, with the
Response shall result in the Respondent being deemed non-responsive.
3.9.3
Supporting Documents
Respondent shall submit the following Supporting Documents with their Response, as noted:
 Prices for GSA Approved Products: With the Response, Respondent shall provide the
following pricing documentation under Section 7.1, Price Sheet & Ordering Instructions
(Section A. – GSA Price Sheet tab):
o Manufacturer’s Federal GSA contract terms and conditions. GSA contract must
specify discount percentage or pricing.
o Federal GSA Price Catalog.
o Commercial price list (MSRP) will include the Manufacturer’s Item Number,
Manufacturer’s Item Description, and MSRP for only and each of the Manufacturer /
Brand Name; Attachments & Accessories; and Parts offered. The MSRP List must
include the applicable Manufacturer / Brand Name, MSRP List Name, and MSRP List
Date on the cover or first page.

Prices for Products Not on GSA: With the Response, Respondent shall provide one (1)
applicable, current, complete, and separate MSRP List (as defined under Section 3.3(m)) for
each Manufacturer / Brand Name offered under Section 7.1, Price Sheet & Ordering
Instructions (Section B. – Non-GSA Price Sheet tab).
The MSRP List will include the Manufacturer’s Item Number, Manufacturer’s Item
Description, and MSRP for only and each of the Manufacturer / Brand Name;
Attachments & Accessories; and Parts offered. The MSRP List must include the
applicable Manufacturer / Brand Name, MSRP List Name, and MSRP List Date on the
cover or first page.
The supporting documents shall be submitted as follows:
o In Adobe Acrobat 9 or earlier (.pdf) electronic format (encoded or scanned) with
logical electronic filenames, and
o On CD(s) or DVD(s) [clearly mark the exterior of each CD or DVD for its general
content].
o Note: It is the Respondent’s responsibility to ensure that the documents and discs
are applicable, complete, and readable. Non-compliant or non-readable documents
and discs will be rejected.
The Supporting Documents shall be mailed to the Department per Section 3.9.1 of the solicitation.
Failure to provide accurate and compliant Supporting Documents with the Response will
result in the Respondent being deemed non-responsive.
25
3.9.4
Full-Service Repair Facilities
Respondent must offer Commodities having a minimum of one (1) Manufacturer’s authorized FullService Repair Facility available in the State of Florida from which the Commodities offered may be
serviced and repaired under Warranty and the requirements, specifications, terms, and conditions
of the Contract, if awarded. Provision of a Manufacturer’s authorized Full-Service Repair Facility
shall be a requirement for the entire Period of Agreement, Section 5.2. Respondent shall submit
with their Response an answer in the MyFloridaMarketPlace Sourcing Tool RFX Info section of the
solicitation attesting to this requirement. A positive, “Yes”, answer is one requirement of a
responsive Response
3.9.5
Manufacturer’s Certification
Respondent shall submit one (1) completed Manufacturer’s Certification form (Section 7.3),
certifying that the Respondent is the Manufacturer or a Dealer for each Manufacturer / Brand Name
they offer Commodities for as part of their Response. The Manufacturer’s Certification form must
be executed by the Manufacturer only and may not be completed by a Dealer or third-party. Dealer
agreements will not be accepted in lieu of a Manufacturer’s Certification form. The Manufacturer’s
Certification form shall be mailed to the Department per Section 3.9.1 of the solicitation. Failure to
provide a complete and compliant Manufacturer’s Certification form with the Response may
result in the Respondent being deemed non-responsive.
3.9.6
Savings / Price Reductions
Respondent shall submit one (1) accurately completed Savings / Price Reductions form (Section
7.4) with their Response containing the required savings information for each Manufacturer / Brand
Name 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 with the Response may result in the Respondent being
deemed non-responsive.
3.9.7
Ordering Instructions
Respondent shall submit one (1) completed Ordering Instructions form (contained within Section
7.1, Price Sheet & Ordering Instructions) 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 and remitting payments under the Contract, if
awarded. Additional Ordering Instruction requirements, terms, and conditions can be found in
Section 5.5, Ordering Instructions Information. The Ordering Instructions form will be submitted
with Section 7.1, Price Sheet & Ordering Instructions, to the Department electronically using the
MyFloridaMarketPlace Sourcing Tool, per Section 3.9.1 of the solicitation. Failure to provide the
Ordering Instructions form with the Response may result in the Respondent being deemed
non-responsive.
3.10
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, specifications, terms, and conditions of the solicitation, and which
Respondents are responsive and responsible.
3.11
Basis for Award
26
The Department anticipates award to the lowest responsive and responsible offer per
Manufacturer/Brand Name on a statewide basis, and 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.
3.12
State Objectives
Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent
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.
3.12.1
Diversity
The State of Florida is committed to supporting its diverse business industry and population through
ensuring participation by minority-, women-, and service-disabled veteran business enterprises in
the economic life of the State. The State of Florida Mentor Protégé Program connects minority-,
women-, and service-disabled veteran business enterprises 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 Protégé Program, please contact the
Office of Supplier Diversity at (850) 487-0915.
The State is dedicated to fostering the continued development and economic growth of small,
minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse
group of Vendors doing business with the State is central to this effort. To this end, it is vital that
small, minority-, women-, and service-disabled veteran business enterprises participate in the
State’s procurement process as both Contractors and Sub-Contractors in this solicitation. Small,
minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to
contribute to this solicitation.
The Contractor shall submit documentation addressing diversity and describing the efforts being
made to encourage the participation of small, minority-, women-, and service-disabled veteran
business enterprises.
Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled
Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:
http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.
Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE Contractors (agents or
Sub-Contractors) as a result of any award shall be provided to the Agency Purchasing Office by the
Prime Contractor on an Agency by Agency (or other Eligible User) level.
3.12.2
Environmental Considerations
The State supports and encourages initiatives to protect and preserve our environment. The
Department encourages the Contractor to submit as part of any response the Contractor’s plan to
support the procurement of products and materials with recycled content. The Contractor shall also
provide a plan for reducing and or handling of any hazardous waste generated 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
27
explanation of its company’s hazardous waste plan and shall explain in detail its handling and
disposal of this waste.
3.12.3
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, one 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 7.6 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. The
Certification of Drug-Free Workplace form will be submitted with Section 7.6, the Certification of
Drug-Free Workplace, to the Department electronically using the MyFloridaMarketPlace Sourcing
Tool, per Section 3.9.1 of the solicitation. Failure to provide the Certification of Drug-Free
Workplace form with the Response may result in the Respondent being deemed nonresponsive.
3.12.4
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 available at http://www.respectofflorida.org.
The Contractor shall describe how it will address the use of RESPECT in offering the items of the
solicitation.
3.12.5
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.pridefl.com.
The Contractor shall describe how it will address the use of PRIDE in offering the items of the
solicitation.
3.13
Lobbying
Please reference Section 2.21, Limitation on Vendor Contact with Agency During Solicitation Period.
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. This restriction does not apply to requests of the Contractor to provide
any information relating to any aspect of this Contract, if requested by any legislative, judicial, or
executive branch, or any State Agency.
28
[The remainder of this page is intentionally left blank (other than footer information).]
29
SECTION 4.0
GENERAL CONTRACT CONDITIONS [PUR1000 (10/06)]
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.
[The remainder of this page is intentionally left blank (other than footer information).]
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
means).
4.2 Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase
order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All
purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with
the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and
conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor’s order form,
confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A
purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to
incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate
a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the
Florida Statutes.
4.3 Product Version. Purchase orders shall be deemed to reference a manufacturer’s most recently release
model or version of the product at the time of the order, unless the Customer specifically requests in writing an
earlier model or version and the contractor is willing to provide such model or version.
4.4 Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services,
the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single
orders. Customers should seek to negotiate additional price concessions on quantity purchases of any
products offered under the Contract. State Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the
Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the
same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall
be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in
market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser
period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting
and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to thenauthorized 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.
31
(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 proper and effective
Contract performance.
4.8 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure,
operation by connection to an electric source, or operation involving connection to a manufactured, natural, or
LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector.
Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard
organization, where such approvals of listings have been established for the type of device offered and
furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters
Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies; and the
American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all
applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating
to clean air and water pollution.
4.9 Americans with Disabilities Act. Contractors should identify any products that may be used or adapted
for use by visually, hearing, or other physically impaired individuals.
4.10 Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered,
for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
4.11 Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution,
and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after
the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify
the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for
Contract cancellation and Contractor suspension.
4.12 Installation. Where installation is required, Contractor shall be responsible for placing and installing the
product in the required locations at no additional charge, unless otherwise designated on the Contract or
purchase order. Contractor’s authorized product and price list shall clearly and separately identify any
additional installation charges. All materials used in the installation shall be of good quality and shall be free of
defects that would diminish the appearance of the product or render it structurally or operationally unsound.
Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the
product in the proper location. Contractor shall protect the site from damage and shall repair damages or
injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling,
excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to
its original condition. Contractor shall perform installation work so as to cause the least inconvenience and
interference with Customers and with proper consideration of others on site. Upon completion of the
32
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 rejected or returned, or declined, due to the
Contractor’s failure to perform or comply with specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and
recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS
DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE
DEPARTMENT OF MANAGEMENT SERVICES’ VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C.
4.15 Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if
applicable, and the appropriate vendor identification number. The State may require any other information
from the Contractor that the State deems necessary to verify any purchase order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the
Department of Management Services. Current guidelines require that Contractor supply electronic invoices in
lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be
submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms –
EDI 810, cXML, or web-based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which
govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation
errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire
about the status of payments by State Agencies. The Customer is responsible for all payments under the
Contract. A Customer’s failure to pay, or delay in payment, shall not constitute a breach of the Contract and
shall not relieve the Contractor of its obligations to the Department or to other Customers.
4.16 Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal
property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied
on employees’ wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the
special contract conditions section of the solicitation or in the Contract or purchase order.
33
4.17 Governmental Restrictions. If the Contractor believes that any governmental restrictions have been
imposed that require alteration of the material, quality, workmanship or performance of the products offered
under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific
restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to
cancel the Contract at no further expense to the Customer.
4.18 Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section
216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly
or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State
officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a
known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction
or request of, any State officer or employee. For purposes of clause (2), “gratuity” means any payment of
more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans,
subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of
the Customer’s Inspector General, or other authorized State official, the Contractor shall provide any type of
information the Inspector General deems relevant to the Contractor’s integrity or responsibility. Such
information may include, but shall not be limited to, the Contractor’s business or financial records, documents,
or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for
the longer of (1) three years after the expiration of the Contract or (2) the period required by the General
Records
Schedules
maintained
by
the
Florida
Department
of
State
(available
at:
http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for
the reasonable costs of investigation incurred by the Inspector General or other authorized State official for
investigations of the Contractor’s compliance with the terms of this or any other agreement between the
Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall
include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses;
and expert witness and documentary fees. The Contractor shall not be responsible for any costs of
investigations that do not result in the Contractor’s suspension or debarment.
4.19 Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their
officers, agents, and employees, from suits, actions, 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 loss or
damages proximately caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any
suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or
relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right,
provided, however, that the foregoing obligation shall not apply to a Customer’s misuse or modification of
Contractor’s products or a Customer’s operation or use of Contractor’s products in a manner not contemplated
by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the
Contractor’s opinion is likely to become the subject of such a suit, the Contractor may at its sole expense
procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the
Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the
product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for any royalties.
The Contractor’s obligations under the preceding two paragraphs with respect to any legal action are
contingent upon the State or Customer giving the Contractor (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.
34
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.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to
another for special, indirect, punitive, or consequential damages, including lost data or records (unless the
contract or purchase order requires the Contractor to back-up data or records), even if the party has been
advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost
institutional operating savings. The State and Customer may, in addition to other remedies available to them
at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be
necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The
State may set off any liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
4.21 Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the
Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall
provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for
suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such
circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not
accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the
Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or
(2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any
additional compensation.
4.22 Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the
Contract in whole or in part when the Customer determines in its sole discretion that it is in the State’s interest
to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as
necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to
recover any cancellation charges or lost profits.
4.23 Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver
the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus
endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory,
regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of
default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors
at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises
from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure
to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely
beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either,
the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products
were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.
If, after termination, it is determined that the Contractor was not in default, or that the default was excusable,
the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any
other rights and remedies provided by law or under the Contract.
4.24 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible
for delay resulting from its failure to perform if neither the fault 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 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
35
first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for
an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an
increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency,
arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is
suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the
causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer
determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or
to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the
Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products
subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the products that are the subject of the delay, which
purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.
4.25 Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or
deducting from the Contract specifications, provided that such changes are within the general scope of the
Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change
affects the cost or time of performance. Such equitable adjustments require the written consent of the
Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer
may solicit separate bids to satisfy them.
4.26 Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole
or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any
renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing
and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to
availability of funds.
4.27 Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be
received by the Contractor no later than close of business on the last day of the contract’s term to be
considered timely. The Contractor is obliged to fill those orders in accordance with the contract’s terms and
conditions. Purchase orders received by the contractor after close of business on the last day of the state term
or agency contract’s term shall be considered void.
Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid
through the performance by the Contractor, and all terms and conditions of the state term or agency contract
shall apply to the single delivery/performance, and shall survive the termination of the Contract.
Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted
schedule even when such extended delivery will occur after expiration of the state term or agency contract.
For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order
specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the
Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office
within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended
delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended
in writing by the ordering entity within ten (10) calendar days of receipt of the contractor’s notice to reflect the
state term contract delivery schedule, or it shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance of services shall not
exceed the expiration of the state term or agency contract by more than twelve months. However, if an
extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the
contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting
such pricing plans and renewals.
36
Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all
terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as
provided herein, and shall survive the termination of the Contract.
Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the
underlying contract expires prior to the effective date of the renewal.
4.28 Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any
information concerning the Contract without prior written approval from the Customer, including, but not limited
to mentioning the Contract in a press release or other promotional material, identifying the Customer or the
State as a reference, or otherwise linking the Contractor’s name and either a description of the Contract or the
name of the State or the Customer in any material published, either in print or electronically, to any entity that
is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service
representative.
4.29 Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under
the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of
the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the
contract, unless the Customer expressly waives such secondary liability. The Customer may assign the
Contract with prior written notice to Contractor of its intent to do so.
4.30 Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic
practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida.
Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to
goods, materials or services purchased in connection with the Contract.
4.31 Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the
Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the
Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of
receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer’s decision
on the petition shall be final, subject to the Contractor’s right to review pursuant to Chapter 120 of the Florida
Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability
to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative
dispute resolution procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates
to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law
shall apply and the parties waive any right to jury trial.
4.32 Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents
performing work under the Contract shall be properly trained technicians who meet or exceed any specified
training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of
qualification. All employees, subcontractors, or agents performing work under the Contract must comply with
all security and administrative requirements of the Customer and shall comply with all controlling laws and
regulations relevant to the services they are providing under the Contract. The State may conduct, and the
Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor,
or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any
personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in
security status, or non-compliance with a Customer’s security or other requirements. Such approval shall not
relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may
reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents.
4.33 Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United
States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third
parties any confidential information obtained by the Contractor or its agents, distributors, resellers,
subcontractors, officers or employees in the course of performing Contract work, including, but not limited to,
security procedures, business operations information, or commercial proprietary information in the possession
37
of the State or Customer. The Contractor shall not be required to keep confidential information or material that
is publicly available through no fault of the Contractor, material that the Contractor developed independently
without relying on the State’s or Customer’s confidential information, or material that is otherwise obtainable
under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to
its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract.
4.34 Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all
actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees
of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees,
subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations,
and unemployment) from an employer other than the State of Florida.
4.35 Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide
commercial insurance of such a type and with such terms and limits as may be reasonably associated with the
Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor.
Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy
maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the
Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida.
4.36 Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to
do so and to bind the respective party to the Contract.
4.37 Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no
pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would
in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The
Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant
to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal
government. The Contractor shall immediately notify the Customer in writing if its ability to perform is
compromised in any manner during the term of the Contract.
4.38 Notices. All notices required under the Contract shall be delivered by certified mail, return receipt
requested, by reputable air courier service, or by personal delivery to the agency designee identified in the
original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to
the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else
is designated to receive notice.
4.39 Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section
17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase
agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes.
4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S.
requires the following statement to be included in the solicitation: "It is expressly understood and agreed that
any articles which are the subject of, or required to carry out, the Contract shall be purchased from the
corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the
same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the
Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed
to be substituted for the agency insofar as dealings with such corporation are concerned." Additional
information about PRIDE and the products it offers is available at http://www.pridefl.com.
4.41 Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the
following statement to be included in the solicitation: "It is expressly understood and agreed that any articles
that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the
Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same
manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for
purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract
shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency
38
are concerned." Additional information about the designated nonprofit agency and the products it offers is
available at http://www.respectofflorida.org.
4.42 Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties,
which terms and conditions shall govern all transactions between the Customer and the Contractor. The
Contract may only be modified or amended upon mutual written agreement of the Customer and the
Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the
Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid
or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by
affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms,
product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or
by incorporating such terms onto the Contractor’s order or fiscal forms or other documents forwarded by the
Contractor for payment. The Customer's acceptance of product or processing of documentation on forms
furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed
modification to terms and conditions.
4.43 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the
Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein.
Non-Customer purchases are independent of the agreement between Customer and Contractor, and
Customer shall not be a party to any transaction between the Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the provisions of s.
287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the
requestor's use of the contract is cost-effective and in the best interest of the State.
4.44 Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract
shall not constitute or be deemed a waiver of the Customer’s right thereafter to enforce those rights, nor shall
any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of
any other right.
4.45 Annual Appropriations. The State’s performance and obligation to pay under this contract are
contingent upon an annual appropriation by the Legislature.
4.46 Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
4.47 Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be
enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other
provisions shall remain in full force and effect.
[The remainder of this page is intentionally left blank (other than footer information).]
39
SECTION 5.0
SPECIAL CONDITIONS
CONTENTS:
5.1
DEFINITIONS
5.2
PERIOD OF AGREEMENT
5.3
CATALOG DATA
5.4
INTERNET POSTING OF AUTHORIZED LISTS
5.5
ORDERING INSTRUCTIONS INFORMATION
5.6
PRODUCT ADDITIONS AND DELETIONS
5.7
GSA AND MSRP LIST PRICE ADJUSTMENT
5.8
NEW PRODUCTS
5.9
PREFERRED PRICING COMPLIANCE
5.10 ACQUISITION BY ELIGIBLE USERS
5.11 CONTRACT PRICE QUOTES AND SALES LITERATURE / TECHNICAL INFORMATION
5.12 PURCHASE ORDERS
5.13 PURCHASING CARD
5.14 TRANSPORTATION AND DELIVERY
5.15 CONTRACT SALES SUMMARY AND TRANSACTION FEE REPORTS
5.16 LOBBYING AND INTEGRITY
5.17 COMPLIANCE WITH LAWS
[The remainder of this page is intentionally left blank (other than footer information).]
40
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 Section 3.3, Definitions, shall apply to this Section 5.1,
Definitions.
5.2
Period of Agreement
The State Term Contract shall be in effect beginning on the Contract Formation date, per Section 2.17,
for a term of four (4) years. This agreement has the option for renewal pursuant to Section
287.057(13), Florida Statutes. Renewal is contingent upon satisfactory performance by the Contractor
and will not be subject to pricing increases or discount decreases.
5.3
Catalog Data
The MyFloridaMarketPlace (“MFMP”) third-party service provider is responsible for converting Contract
catalog information into a format supported by the system. To accomplish this conversion, the
Contractor, if requested, shall provide certain information in electronic format directly to the service
provider (Note: This format is generally Microsoft Excel™.).
Within ten (10) business days of written notice from the MFMP service provider, Contractor shall
provide all information necessary to facilitate electronic purchases from this Contract. Such information
may include, but is not limited to, Contractor Name, Manufacturer / Brand Name, SKU, Commodity
Description, unit of measure. Contractor shall provide this information in the format required by the
MFMP service provider. No costs or expenses associated with providing this information shall be
charged to the State, Department, Eligible Users, or MFMP service provider. With the Contractor’s
timely assistance, the MFMP service provider shall create and maintain web-based placement of the
requested Contract information.
5.4
Internet Posting of Authorized Lists
During the Contract Period of Agreement, Section 5.2, the Department shall maintain on the internet a
working copy of the complete Contract, including, but not limited to, the Section 7.1, Price Sheet &
Ordering Instructions, with the associated and Department approved MSRP List(s). The MSRP List(s) will
be provided to the Department by the Contractor in electronic format as stipulated in Section 3.9.3,
Supporting Documents, MSRP List; as required herein; and in accordance with the prices, discounts,
requirements, specifications, terms, and conditions of the Contract.
The Contractor agrees to not maintain, publish, provide, or allow discovery of competing, conflicting,
unofficial, unauthorized, or non-Department approved contract similar documents to or by Eligible Users.
However, the Contractor may manually or electronically direct Eligible Users to the Department’s Contract
website. The Contractor shall not accept any orders using unofficial MSRP List(s) until the Department
approves the respective MSRP List(s) and publishes it / them to the Contract website as noted above.
The Department may direct rescission of any purchase entered into on the basis of competing,
conflicting, unofficial, unauthorized, or non-Department approved documents or lists.
5.5
Ordering Instructions Information
The Ordering Instructions are contained or referenced via a link from the individual Line No.’s
Organization Name field in the Section 7.1, Price Sheet & Ordering Instructions. Click on the specific
link for the associated Ordering Instructions.
The Ordering Instructions contained or referenced within Section 7.1, Price Sheet & Ordering
Instructions will contain current information relevant to the acquisition of the awarded Commodities
under the Contract. This information shall include, but not be limited to, the Contractor’s Organization
Information, the Contractor’s Representative Information, the Contractor’s Remit-To Information, and a
list of Department maintained instructions to assist Eligible Users in placing orders under the Contract.
41
Should the Contractor be the Manufacturer (not a Dealer) of the Commodities awarded, they may also
include specific Dealer information within the Ordering Instructions in the provided locations. The
Manufacturer as Contractor who selects to also include specific Dealer information within the Ordering
Instructions is also required to appropriately register the listed Dealers as locations under the
Contractor’s vendor registration in the State of Florida Vendor Registration System (Vendor Information
Portal (“VIP”): https://vendor.myfloridamarketplace.com/). A Dealer as Contractor may not include
other Dealer’s information in the Ordering Instructions. The Manufacturer as Contractor is fully
responsible for compliance with all the prices, discounts, requirements, specifications, terms, and
conditions of the Contract and for any actions or inactions of the Dealer(s) they include in the Ordering
Instructions.
It is the Contractor’s responsibility to notify the Department of any updates to organization information,
relevant personnel, and contact information contained in the Ordering Instructions. The Contractor
shall notify the Department of a requested change to the Ordering Instructions in writing (email is
acceptable) and received by the Contract Manager no later than five (5) business days prior to the
effective date of the proposed change. The Department may accept or reject any proposed change, or
may unilaterally amend the Ordering Instructions as it deems is in the best interest of the State and / or
will best assist Eligible Users.
Please Note: Any changes to the Ordering Instructions will also require the Contractor to appropriately
update their vendor registration in the State of Florida Vendor Registration System (Vendor Information
Portal (“VIP”): https://vendor.myfloridamarketplace.com/).
5.6
Product Additions and Deletions
During the Contract Period of Agreement, Section 5.2, the Department shall have the right to add or
delete Products (Manufacturer / Brand Names) to or from this agreement by adding them to or
removing them from the Price Sheet & Ordering Instructions, Section 7.1. Any new Products
(Manufacturer / Brand Names) added will be at the requirements, specifications, terms, and conditions
herein or as later stipulated by the Department, and at mutually agreed pricing and discounts accepted,
in writing, by both the Contractor and the Department. Products (Manufacturer / Brand Names) may be
removed at the sole discretion of the Department, per the requirements, specifications, terms, and
conditions herein and / or as permitted by Florida Statutes or Florida Administrative Code.
5.7
GSA and MSRP List Price Adjustment
Revisions to pricing or terms impacting pricing shall be requested in writing and must be approved by
the Department prior to advertisement or implementation. The Contractor shall:
•
•
•
•
•
•
Submit Contract Revision Authorization Form. The Department shall distribute, in electronic
format, the Contract Revision Authorization Form to be used by the Contractor upon Contract
Formation, Section 2.17.
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,
or
Identify the percentage(s) of requested decrease and affected products or services.
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.
42
If GSA pricing does not apply, price adjustments shall be based on a percentage equal to the amount of
increase (or decrease) in the latest version of the U.S. Department of Labor, 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 one (1) time
per 12 month period by using the Producer Price Index (“PPI") for Industry: Other commercial & service
machinery manufacturing as published by the U.S. Department of Labor. The rate adjustments will be
based on the latest non-preliminary PPI (Series ID: PCU333319333319).
The U.S. Department of Labor, PPI indices are available at: http://www.bls.gov/ppi/home.htm. Scroll to
and click on: “Series Report”; Enter Series ID “PCU333319333319” and scroll to and click on “Retrieve
Data”.
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.
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 given 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.
5.8
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 Contract Administrator. All requests for review
shall be made in writing and shall include the following:
•
•
•
•
•
•
5.9
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
Formation, 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.
Preferred Pricing Compliance
In accordance with Chapter 2010-151, Laws of Florida, Section 48(2), the Contractor is required to
submit, at least once during each year of the Contract, an Affidavit from an authorized representative of
the Contractor attesting that the Contract is in compliance with Section 4.4(b), Best Pricing Offer.
Contractor’s failure to comply with Section 4.4(b) may be grounds for terminating the Contract, at the
43
Department’s sole discretion. The Department shall distribute the Affidavit form to be used by the
Contractor upon Contract Formation, Section 2.17.
5.10
Acquisition by Eligible Users
Eligible Users are encouraged to purchase any contracted Commodities, including Manufacturer /
Brand Name; Attachments & Accessories; and Parts, that will meet their needs, provide the lowest total
cost, and be in accordance with the Eligible User’s applicable procurement statutes, laws, ordinances,
codes, rules, policies, and procedures. Any non-contract products and services must be ordered and
invoiced as non-contract options separately from Contract purchases in accordance with the Eligible
User’s applicable procurement statutes, laws, ordinances, codes, rules, policies, and procedures.
Eligible Users may purchase a contracted commodity with or without contracted Attachments &
Accessories and Parts. Additionally, Attachments & Accessories and Parts may be purchased
separate of any contracted Equipment.
5.11
Contract Price Quotes and Sales Literature / Technical Information
Eligible Users may request and the Contractor will provide within five (5) business days at no charge
Contract Price Quotes under the Contract. The Contractor agrees that Contract Price Quotes provided
to an Eligible User shall be submitted for only those Manufacturer / Brand Names, which the Contractor
is awarded, and are the minimum required to meet the Eligible User’s needs. All Contract Price Quotes
will be according to the Prices, Discounts, requirements, specifications, terms, and conditions of the
Contract, and will include the following:
 Quotation Date.
 Quotation Number (as applicable).
 Contractor Information.
 State Term Contract Number and Name.
 Manufacturer / Brand Name: Commodity Codes, Line Number, and description, and negotiated
Equipment Net Price.
 Attachments & Accessories (if applicable, individually listed): Attachments & Accessories code
and description, and negotiated Attachments & Accessories Net Price.
 Parts (if applicable, individually listed): Part code and description, and negotiated Part Net Price.
 Total State Term Contract negotiated Price (sum of the applicable negotiated Equipment Net
Price(s); Attachments & Accessories Net Price(s); and Parts Net Price(s)).
During the Term of the Contract, the Contractor shall supply at no charge printed Sales Literature and
Technical Information to Eligible Users upon request, unless the literature and information requested is
available on the Contractor’s or Manufacturer’s website. If the literature and information is available on
the Contractor’s or Manufacturer’s website, the Contractor will direct the requesting Eligible User to the
specific website location. All Eligible User requests for Sales Literature and Technical Information shall
be completed by the Contractor within five (5) business days.
5.12
Purchase Orders
Under the Contract, Eligible Users may place orders using a Purchase Order or using a Purchasing
Card, per Section 5.13. Purchase Orders issued by Eligible Users shall be in accordance with the
Section 7.1 Price Sheet & Ordering Instructions and the Prices, Discounts, requirements, specifications,
terms, and conditions of the Contract. The Contractor and the Eligible User agree to the following:
 Under the Contract, Eligible Users may only place and Contractors shall only accept Purchase
Orders for Manufacturer / Brand Name the Contractor is awarded.
 For each Manufacturer / Brand Name and contractual service ordered, Eligible Users are
responsible for notating the following information on and with the Purchase Order based on their
negotiations with the Contractor:
o Eligible User’s issuing contact person and contact information;
o Contractor Information from the Ordering Instructions;
o State Term Contract Number and Name;
44
o


Manufacturer / Brand Name: Commodity Codes, Line Number, and description, and
negotiated Equipment Net Price;
 Note: Specify any special needs or instructions (e.g., other associated
equipment).
o Attachments & Accessories (if applicable, individually listed): Attachments & Accessories
code and description, and negotiated Attachments & Accessories Net Price;
 Note: Specify any special needs or instructions (e.g., other associated
equipment).
o Parts (if applicable, individually listed): Part code and description, and negotiated Part
Net Price;
o Any Eligible User special instructions, requirements, terms, and conditions;
o Total State Term Contract negotiated Price (sum of the applicable negotiated Equipment
Net Price(s); Attachments & Accessories Net Price(s); Parts Net Price(s).
Contractor shall honor all Purchase Orders received during the Contract Period of Agreement
(Section 5.2) for Manufacturer / Brand Name the Contractor is currently awarded (Section 7.1,
Price Sheet & Ordering Instructions).
Contractor, from receipt of the Purchase Order until delivery is made to the ordering Eligible
User, shall promptly notify the Eligible User of any potential delivery delays.
This Section 5.12, Purchase Orders, does not modify or replace Section 4.2, Purchase Orders, of the
Contract.
5.13
Purchasing Card
The State of Florida and numerous Eligible Users have adopted and implemented various Purchasing
Card programs using different universal card formats (e.g., American Express, MasterCard, and Visa).
Accordingly, the Contractor and the Manufacturer’s authorized Dealers must have the ability to accept
universal card format Purchasing Cards, including American Express, MasterCard, and Visa, during the
Contract term. Contractors and Manufacturer’s authorized Dealers may receive payments from Eligible
Users by universal card format Purchasing Cards in the same manner as other credit / debit card
purchases. Universal card format Purchasing Cards (e.g., American Express, MasterCard, and Visa)
acceptance is mandatory, but is not the exclusive method of payment (e.g., Purchase Order). The
method of ordering and payment (e.g., Purchase Order, Purchasing Card) shall be selected by the
Eligible User.
The Eligible User will not fill out any Contractor or Manufacturer’s authorized Dealer forms or separate
contracts in association with the Contractor or Manufacturer’s authorized Dealer accepting a
Purchasing Card payment. Contractors and Manufacturer’s authorized Dealers are not allowed to
charge a fee for accepting a Purchasing Card payment. Surcharges or convenience fees are
prohibited. On-line billing or payment systems maintained by the Contractor, Manufacturer’s authorized
Dealer, or their respective agent will not store the card holder’s name, account number, and expiration
date for re-use. Card holders will provide the Contractor or Manufacturer’s authorized Dealer, as
applicable, with card account information at each Purchasing Card transaction.
5.14
Transportation and Delivery
Delivery and shipping costs shall mirror charges as approved by GSA (if applicable).
Any charges for freight and/or delivery shall be noted on the price sheet, Section 7.1 Price Sheet &
Ordering Instructions. The Department reserves the right to reject any additional charges.
Delivery of standard product is required within 30 days from receipt of a Purchase Order containing
complete and correct ordering information. Delivery delayed beyond 90 days or the agreed upon term
must be justified to the Customer in writing.
45
Delivery of the awarded Equipment is defined as receipt of the Commodity at the Eligible User’s place
of business or other location as indicated in the order.
The Contractor is responsible for delivering an awarded Commodity that is properly serviced, clean,
and in first class operating condition. Delivery service, at a minimum, shall include the following:
 Clean equipment, if necessary, and remove all unnecessary tags, stickers, papers, etc.;
 Where applicable, packaged to insure safe delivery to the destination. Packaging shall comply
with the requirements of Section 403.7191, Florida Statutes. Each package will be marked to
include the name of the Contractor, the State Term Contract number, Purchase Order number,
and brief description of the contents.
All Commodities will be delivered with each of the following applicable documents completed and
included:
 Copy of ordering Eligible User’s Purchase Order;
 Copy of the applicable Manufacturer(s)’s specification(s);
 Copy of the Manufacturer’s Invoice(s) (prices may be deleted or obscured) for each Commodity,
including individual Equipment and Attachments & Accessories, in the shipment;;
 Manufacturer’s Certificate of Origin, if applicable;
 Copy of the Manufacturer’s Standard Warranty Certifications;
 Sales Tax Exemption Form, if applicable;
These Transportation and Delivery requirements, terms, and conditions also apply to the re-delivery of
an awarded Commodity that was previously rejected upon initial delivery.
This Section 5.14, Transportation and Delivery, supersedes and replaces Section 4.11, Transportation
and Delivery.
5.15
Contract Sales Summary and Transaction Fee Reports
Contract Sales Summary: The Contractor is required to provide quarterly Contract Sales Summary
reports (Section 7.5) 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 Minority Business Enterprises.
The Department may require additional ad hoc Contract Sales Summaries for various periods of time;
the Contractor shall submit these specific ad hoc summaries within twenty (20) calendar days of
notification by the Department.
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.
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 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
46
available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service
Desk at [email protected] 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.
5.16
Lobbying and Integrity
Please note that there has been an update to the Florida Department of State website link given in
Section 4.18 of this solicitation regarding General Records Schedules. The revised URL is:
http://dlis.dos.state.fl.us/recordsmgmt/gen_records_schedules.cfm.
5.17
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 nonexhaustive example, the Contractor shall comply with section 247A 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.
47
SECTION 6.0
TECHNICAL SPECIFICATIONS
CONTENTS:
6.1
DEFINITIONS
6.2
SCOPE AND ELIGIBLE COMMODITIES
6.3
COMMODITY SPECIFICATIONS AND STANDARDS
6.4
UNDERWRITERS LABORATORIES STANDARDS
6.5
TESTING
6.6
WARRANTY
6.7
COMMODITY COMPLIANCE AND COMPATIBILITY
[The remainder of this page is intentionally left blank (other than footer information).]
48
6.1
Definitions
The Definitions found and referenced in the Special Conditions, Section 5.1 shall apply to this Section
6.1, Definitions.
6.2
Scope and Eligible Commodities
The Floor Maintenance Machines, Commercial Commodities (including the Equipment; associated
Attachments & Accessories; and associated Parts) offered under the Contract shall be classified under
seven (7) Commodity codes, which are listed and described as follows:
APPLICABLE COMMODITY CODE(S)*
365-180
365-270
365-450
365-540
365-720
365-810
365-850
GROUP DESCRIPTION
VACUUM CLEANER, BACKPACK ELECTRIC
VACUUM CLEANER, CARPET UPRIGHT TYPE
VACUUM CLEANER, HOT WATER EXTRACTION
VACUUM CLEANER, CANISTER GRAG ALONG & SHOULDER CARRY TYPE,
ELECTRIC
VACUUM CLEANER,MULTI-PURPOSE WITH METAL/CHROME HEAD
VACUUM CLEANER, WET/DRY
BUFFERS AND SPRAYERS
SCRUBBING, BURNISHER, AND POLISHING
SCRUBBING AND BUFFERS, AUTOMATIC
SCRUBBER WITH VACUUM PICK-UP
SHAMPOOER, CARPET
SWEEPERS, MANUAL AND MOTORIZED
* - Applicable Commodity Codes are provided for general information purposes only. Eligible Users must confirm the appropriate and applicable
Commodity Code(s) to be used.
The Contract is intended to cover only those Commercial Floor Maintenance Machines Commodities
generally used by the State of Florida as listed and described herein, and does not include all varieties
of equipment that are commercially available. Excluded products include, but are not limited to,
cleaning chemicals and street sweepers. The Department in its sole discretion shall determine the
eligibility and acceptability of all Commodities available and included under the Contract. The
Contractor will be responsible for removing all non-eligible and unacceptable Commodities under the
Contract.
Delivery of non-conforming Commodities, which are not remedied as required herein, may be
cause for default proceedings and / or Contract termination.
6.3
Commodity Specifications and Standards
The Commodity Specifications and Standards are based on the known needs of Eligible Users and
best information available to the Department at the time the Commodity Specifications and Standards
were created.
The following specifications and standards form a part of the overall Technical Specifications except as
modified or noted herein.
All Commodities, including all Equipment; Attachments & Accessories; Parts; and their respective
features, and components, must individually and jointly comply with the following:
 All Commodities shall be designed, constructed, equipped, assembled to be fully suitable for
their intended use, purpose, and service;
 All Commodities shall be new and unused for the current Manufacturer’s model year or later, of
current or recent production, and of the latest design and construction;
 All Commodities shall be free of damage and / or rust which may affect appearance,
performance or serviceability;
 All Commodities shall meet the requirements, specifications, terms, and conditions herein.
49
Delivery of non-conforming Commodities, which are not remedied as required herein, may be
cause for default proceedings and / or Contract termination.
6.4
Underwriters Laboratories Standards
It is the intent of the Department that all specifications herein are in full and complete compliance with
all applicable portions of the publications, requirements, and regulations applicable to the type and
class of Commodities being provided. This includes, but is not limited to Underwriters’ Laboratories
Standard 1017. Copy may be obtained by contacting Underwriters’ Laboratories, Inc., 333 Pfingsten
Road, Northbrook, IL 60062-2096 or email at: http://www.ul.com/info/standard.htm, or phone: 1-877854-3577.
Delivery of non-conforming Commodities, which are not remedied as required herein, may be
cause for default proceedings and / or Contract termination.
6.5
Testing
Samples of delivered Commodities may be selected at random by the Department or Eligible User and
tested for compliance with the requirements, specifications, terms, and conditions. The testing facility
and process will be determined by the Department or Eligible User. Contractor will be responsible for
testing costs.
Delivery of non-conforming Commodities, which are not remedied as required herein, may be
cause for default proceedings and / or Contract termination.
6.6
Warranty
The Manufacturer’s Standard Warranty shall cover all Commodities of the Contract.
The
Manufacturer’s Standard Warranty is required to provide coverage against defective material,
workmanship, and failure to perform in accordance with the specifications and required performance
criteria, for a period of not less than 18 months from the date of acceptance, or the Manufacturer’s
Standard Warranty period, whichever is greater, from the date of delivery, Section 5.14, and will begin
only at the time of receipt of the Commodity at the Eligible User’s place of business or other location as
indicated in the order. Replacement of all parts found to be defective including all labor, materials and
transportation charges, if any, within the warranty period shall be made without cost to the State. This
warranty shall not cover adjustment, repair or parts replacement required because of purchaser’s
negligence, misuse, or machine alterations.
6.7
Commodity Compliance and Compatibility
It is the Contractor’s responsibility to insure that the Commodity / Commodities supplied are compliant
with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor must
insure that the Commodity / Commodities ordered by the Eligible User are fully compatible with each
other and with any associated pre-existing Commodity / Commodities possessed by the Eligible User
and pre-disclosed to the Contractor by the Eligible User. The Contractor’s acceptance of the Eligible
User’s Purchase Order shall indicate that the Contractor agrees to deliver Commodity / Commodities
that will be fully compliant and compatible with the Contract requirements, specifications, terms, and
conditions.
In the event any ordered Equipment; Attachments & Accessories; Parts; and their respective features,
and components are found by the Eligible User to be missing, incorrect, defective, damaged, noncompatible, or non-compliant, the Contractor shall, at the Eligible User’s discretion, be required to do
one of the following:
 Replace or repair the Equipment; Attachments & Accessories; Parts; and their respective
features, and components;
 Refund the purchase price of the applicable Equipment; Attachments & Accessories; Parts; to
the Eligible User.
50
Any changes necessary after the delivery of the Commodity / Commodities that are required to
bring a Commodity / Commodities into compliance and / or compatibility due to an incorrect
order fulfillment by the Contractor will be accomplished at the Contractor’s expense.
Delivery of non-conforming Commodities, which are not remedied as required herein, may be
cause for default proceedings and / or Contract termination.
[The remainder of this page is intentionally left blank (other than footer information).]
51
SECTION 7.0
PRICE SHEET & ORDERING INSTRUCTIONS AND FORMS
CONTENTS:
7.1
PRICE SHEET & ORDERING INSTRUCTIONS
(MICROSOFT EXCEL™ ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S) MAINTAINED BY THE
DEPARTMENT OF MANAGEMENT SERVICES.)
7.2
SOLICITATION PREPARATION CHECKLIST
7.3
MANUFACTURER’S CERTIFICATION
7.4
SAVINGS / PRICE REDUCTIONS
7.5
QUARTERLY SALES SUMMARY REPORT
7.6
CERTIFICATION OF DRUG-FREE WORKPLACE
[The remainder of this page is intentionally left blank (other than footer information).]
7.2
Solicitation Preparation Checklist
52
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 comply:
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. 11-365-001-M; Floor Maintenance Machines, Commercial: Sections 1.0 through 7.6 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 [email protected]
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 Vendor Questions as posted in any Addendum
or Amendment to the solicitation on the MyFloridaMarketPlace Sourcing Tool and / or Vendor
Bid System.
Download the Price Sheet & Ordering Instructions (Section 7.1), review carefully, enter required
pricing and information on the Price Sheet & Ordering Instructions, and upload the Price Sheet
& Ordering Instructions to the MyFloridaMarketPlace Sourcing Tool as required.
Provide answers to all required questions within the MyFloridaMarketPlace Sourcing Tool.
Submit response using the MyFloridaMarketPlace Sourcing Tool.
Mail any required documents and forms of the solicitation specified in Section 3.9, Submittal of
Response, to the attention of:
Mina E. Barekat, CPM, CSM, 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.
7.3
Manufacturer’s Certification
THIS IS TO CERTIFY THAT
IS THE MANUFACTURER
53
(RESPONDENT’S NAME)
OR A MANUFACTURER’S AUTHORIZED DEALER OF
(MANUFACTURER / BRAND NAME)
IN THE STATE OF FLORIDA.
BY:
MANUFACTURER NAME:
ADDRESS:
TELEPHONE NUMBER:
E-MAIL:
AUTHORIZED SIGNATURE:
TITLE:
PLEASE NOTE: THIS CERTIFICATION FORM MUST BE EXECUTED BY AN AUTHORIZED EMPLOYEE
OF THE MANUFACTURER ONLY. DEALERS / REPRESENTATIVES ARE NOT AUTHORIZED TO
EXECUTE THIS CERTIFICATION FORM ON BEHALF OF THE MANUFACTURER. THE MANUFACTURER
MUST EXECUTE THIS CERTIFICATION FORM EVEN IF THEY ARE OFFERING THEIR OWN PRODUCTS.
FAILURE TO SUBMIT THIS CERTIFICATION FORM WITH THE RESPONSE AS REQUIRED SHALL
RESULT IN THE DISQUALIFICATION OF THE RESPONSE.
7.4
Savings / Price Reductions
SAVINGS/PRICE REDUCTIONS
The Respondent is required to furnish the percent (%) savings price offered compared to MSRP.
54
DATE
Competitive prices offered in Section 7.1, Price Sheet & Ordering Instructions, provide a base discount of
___% off of the MSRP.
HOW CAN WE VERIFY THE CLAIMED SAVINGS
AUTHORIZED SIGNATURE:
TELEPHONE NUMBER:
ORGANIZATION NAME:
IF CONTRACT AWARDED, STATE PURCHASING ANALYST / SPECIALIST TOOK THE FOLLOWING
STEPS TO VERIFY THE SAVINGS OFFERED:
WHAT WERE THE RESULTS?
PURCHASING ANALYST / SPECIALIST:
7.5
Quarterly Sales Summary Report
QUARTERLY STATE TERM CONTRACT SALES SUMMARY REPORT
Contractor Name:
FEID#:
55
Contact Person:
Phone Number:
Email:
Contract Title: Floor Maintenance Machines, Commercial
Contract #: 365-001-11-1
Fax or Email this form to: Mina Barekat - Fax: 850-414-6122 / Email: [email protected]
Report reflects all sales for the 2010 (YEAR) CONTRACT QUARTER: Check One
Quarterly Period Ending March 31st
Quarterly Period Ending June 30th
Quarterly Period Ending September 30th
Quarterly Period Ending December 31st
ENTITY
STATE AGENCIES:
Report dollar amount sold to all State
TOTAL DOLLARS
agencies.
$
POLITICAL SUBDIVISIONS:
Report dollar amount sold to other Political Subdivisions
[including but not limited to, Counties, Cities, Schools,
Universities, Colleges and Utilities].
$
ENVIRONMENTALLY PREFERRED PRODUCTS:
Report dollar amount sold to State agencies:
$
Report dollar amount sold to political subdivisions:
$
MINORITY BUSINESS ENTERPRISES:
Report dollar amount sold to State agencies:
$
Report dollar amount sold to political subdivisions:
$
GRAND TOTAL:
$
Under penalties of perjury, I declare that this is a true and accurate report of all sales due under the terms and conditions of this state term
contract for the specified quarterly reporting period.
AUTHORIZED TYPED SIGNATURE:
AUTHORIZED ELECTRONIC SIGNATURE:
Notes:
1) A quarterly report is required even if there are no sales for the specified quarter; please enter zero dollars where applicable.
2) This form is for the reporting of quarterly sales only. It is not related to reporting and payment of vendor transaction fees.
3) To enter electronic signature, click text box, click “Insert” (on tool bar), select “picture”, and select picture type to paste or enter signature.
4) For information concerning the use of this form, please contact the Contract Administrator named above.
7.6
Certification of Drug-Free Workplace
Section 287.087 of the Florida Statutes provides that, where identical tie offers are received, one preference
shall be given to an offer received from a Respondent 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.
56
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 will 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 that are under the solicitation a copy of the
statement specified in Subsection (1).
4)
In the statement specified in Subsection (1), notify the employees, as a condition of working on the
commodities that are under the solicitation, 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.
5)
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:
Authorized Signature
Print Name and Title
57
Was this manual useful for you? yes no
Thank you for your participation!

* Your assessment is very important for improving the work of artificial intelligence, which forms the content of this project

Download PDF

advertisement