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ITB 2016C-22

Intent to Respond Notice:

Ref: Bid No.: 2016C-22 Bid Title: Culinary Arts Equipment Downtown Campus For companies learning of this solicitation from the Internet, please FAX this form today to the Florida State College at Jacksonville Purchasing Department (904) 632-3087, due to the possibility of an addendum being issued changing information. This will place your company on the mailing list for any addendums issued.

Note: Failure to respond to an addendum issued may result in your bid/proposal response being considered Non-Responsive.

Company name: ___________________________________

Address: ___________________________________ ___________________________________

Contact Person: ___________________________________ Phone #: ___________________________________ Fax #: ___________________________________ E-mail: ___________________________________ Contact Karen Hart for additional information if needed.

Karen Hart Florida State College at Jacksonville

Purchasing Agent II 501 West State Street, 305

Jacksonville FL 32202 904-632-3358

khart@fscj.edu

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ITB 2016C-22

Florida State College at Jacksonville serving over 60,000 students annually in Duval and Nassau Counties is the tenth largest community college in the country. At this time the College has a requirement your company could potentially provide. The College is soliciting sealed bids for the purchase of: Culinary Arts Equipment For the College’s Downtown Campus Culinary Program Location at 101 West State Street, Jacksonville, Fl. 32202 Please review and submit your formal bids by the date and time shown on the cover of this document to:

SEALED BID # 2016C-22

RANDI BROKVIST Executive Director, Purchasing and Auxiliary Services

Florida State College at Jacksonville 501 West State Street, Room 305 Jacksonville, FL 32202-4068

Please boldly indicate the bid number on the outside of your sealed bid envelope to assist the College internally in identifying your bid. All prices to be quoted are to be FOB destination, freight prepaid. FSCJ is a political subdivision of the State of Florida and as such is exempt from all Federal and State taxes. The College reserves the right to reject any portion or all bids, to resolicit bids or not and to waive informalities as deemed in the best interest of the College. Public bid opening: Florida State College at Jacksonville will conduct a Public bid/proposal opening at 2:00p.m. on 05/24/2016 at the Colleges Administrative Offices Bldg. Room AO305, 501 West State Street. Sealed bids, proposals, or replies received by the College pursuant to this solicitation will remain confidential and are exempt from Florida’s Public Records Act (Ch. 119, Florida Statutes) until such time as the College provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Thereafter, by submitting a response to this solicitation, the proposer acknowledges that all documents and information submitted to the College, including pricing information, is considered a public record under Florida’s Public Records Act and may be disclosed to third parties upon request notwithstanding any confidentiality clauses or labels contained in such documents. Please direct any inquires to the College contact listed below. Having carefully examined the terms, general conditions, general specifications of this solicitation and special conditions by signing and submitting a bid thereto with the following commitment and agreement: ANTI-COLLUSION STATEMENT: The Bidder by signing and submitting a bid has "not" divulged to, discussed or compared his/her bid with any other Bidders and has not colluded with any other Bidders or parties to a bid whatsoever. (NOTE: Including there have been No premiums, rebates or gratuities paid or permitted either with, prior to, or after any delivery or personal contact. Any such violation will result in the cancellation of award of any resulting contract from this bid and the Bidder being debarred for not less than three (3) years of doing business with the College.) To be responsive proposers shall disclose in their proposal any additional transaction surcharge / fee they will be charging the College if the College opts to pay their invoice by use of a VISA credit card. The College further shall add said any proposer additional VISA credit card transaction surcharge / fee to their bid/proposal when evaluating award of the resultant contract.

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ITB 2016C-22

GENERAL CONDITIONS Contractors are to review Florida State College at Jacksonville’s (“College”) General Terms and Conditions (which are specifically incorporated by reference into this Invitation to Bid) by visiting: http://www.fscj.edu/discover-fscj/gov-admin/purchasing/forms-and-standard-contracts/. All Companies submitting a response to this ITB understand and agree that the affirmative act of submitting a response constitutes acceptance and agreement to those General Terms and Conditions. Proposers are responsible for adhering to the General Terms and Conditions. Lack of knowledge by the Proposer will in no way be cause for relief from responsibility. INSTRUCTIONS FOR W-9 FORM: Contractors can obtain the W-9 Form and Instructions by visiting: http://www.irs.gov/pub/irs-pdf/fw9.pdf The W-9 form is requested to be completed and returned with your ITB proposal submittal:

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ITB 2016C-22

Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

Give Form to the

requester. Do not

send to the IRS.

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.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification; check only one of the following seven boxes:

Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single-member LLC

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶

Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.

Other (see instructions) ▶

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting

code (if any)

(Applies to accounts maintained outside the U.S.)

5 Address (number, street, and apt. or suite no.) Requester’s name and address (optional)

6 City, state, and ZIP code

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)

Social security number

–

–

Employer identification number

–

Part II Certification

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or

Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding

as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and

dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an

individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the

instructions on page 3.

Sign Here

Signature of

U.S. person ▶ Date ▶

General Instructions

Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. Information about developments affecting Form W-9 (such as legislation

enacted after we release it) is at www.irs.gov/fw9.

Purpose of Form

An individual or entity (Form W-9 requester) who is required to file an information return with the

IRS must obtain your correct taxpayer identification number (TIN) which may be your social

security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer

identification number (ATIN), or employer identification number (EIN), to report on an information

return the amount paid to you, or other amount reportable on an information return. Examples of

information returns include, but are not limited to, the following:

• Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)

• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)

• Form 1099-S (proceeds from real estate transactions)

• Form 1099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)

• Form 1099-C (canceled debt)

• Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your

correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup

withholding. See What is backup withholding? on page 2.

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be

issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable,

you are also certifying that as a U.S. person, your allocable share of any partnership income

from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of

effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from

the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.

Cat. No. 10231X Form W-9 (Rev. 12-2014)

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ITB 2016C-22

Proposal’s Checklist

This checklist is for the convenience of the company submitting a proposal and may be used to ensure that sections of the ITB/Proposal are properly completed and returned. A copy of this sheet will be retained in the college files as a record of your response to this ITB. On the Invitation to Bid (ITB) sheet (Page #2 of this ITB):

1. Company name, mailing address, telephone, FAX number and Federal ID# blocks are all correctly

entered on the Invitation to Bid Sheet? ___

2. Minority Business Enterprise Type # correctly entered? ___

3. If not submitting a ITB, have you noted “No ITB” on page #2? Have you stated your reason(s) for not submitting a proposal? ___

4. Is your ITB proposal signed by an authorized officer of the company submitting this ITB/proposal? ___

5. Have you completed the Request for Taxpayer Certification (W-9) form noting your tax employer identification number (or SSN) in the appropriate block? ____

Proposals returned unsigned are considered non-responsive and are not eligible for award! Please ensure that your ITB (page 2) is signed by an authorized officer for your company. Submit with your bid package the following:

Special Conditions Page 9 Special Condition 15.08 Special Condition 15.08 FEDERALLY FUNDED ATTESTATION – (NON

CONSTRUCTION PROGRAMS) Page10-11 DRUG-FREE WORK PLACE Certification Page 12 Sworn Statement on Public Entity Crime Page 13-14 Disclosure of Ownership Page 15 Florida Preference-Personal Property Page 16 ITB 2016C-22 Cost Sheets

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ITB 2016C-22

1.0 Overview

1.01 Florida State College at Jacksonville (College) has a requirement for which your company may

be interested in submitting a formal bid in response to this ITB #2016C-22.

1.02 To be considered responsive, bidders shall deliver before 2:00 p.m., local Jacksonville, Florida time, on 05/24/2016 one (1) original hard copy and provide one (1) USB drive that contains “all” of your documentation included in the original bid in an electronic format. Note: Original bid must be marked ORIGINAL and must have original signatures. Please label the USB drive with the College’s name, bid number, and your company’s name. (i.e. “Copy” Acme Bid, 2016C-22 to FSCJ) It is the bidder’s responsibility to guarantee the USB drive is 100% identical to your original hard copy bid. In the event of a discrepancy, your original hard copy will prevail.

1.03 To be responsive your bid shall be signed by an authorized employee/officer with the

authority to bind a contract. 1.04 Any bid submitted shall have prices firm for at least 90 calendar days from public opening to

allow adequate time for the College to evaluate all bids submitted. If your company is awarded,

all items quoted above shall be delivered by July 1, 2016 unless delivery is otherwise

specified on 2016C-22 Cost Sheet and invoiced no later than 5pm on July 08, 2016 based

on the College issuing your company a PO by June 5, 2016.

1.05 The College reserves the right to reject any or all bids submitted, to resolicit or not and to

waive informalities as deemed in the College’s best interest. 1.06 CONE OF SILENCE:

From the time the public advertisement of this ITB takes place until the ITB is awarded and approved by the Board of Trustees, a vendor shall not contact any other College personnel or members of the College’s District Board of Trustees, or Administrative staff either directly or indirectly, to discuss the selection process or in an attempt to further their interest in being selected. Failure to abide by the Cone of Silence policy is grounds for disqualification from this ITB process and vendor will not receive further consideration in reference to this ITB.

1.07 Protests. A respondent may only protest a decision or intended decision of the College (including the issuing of specifications and/or awards) resulting from a competitive solicitation for a contract of $65,000 or more. Bid tabulations with recommended awards will be posted on or about 05/02/2016 for review by interested parties on the purchasing web page: www.fscj.edu/bids unless changed by addendum, and will remain posted for a period of 72 hours (not including Saturdays, Sundays and State Holidays). Any person who is adversely affected by the college’s decision or intended decision shall file a written notice of protest that includes the solicitation # and title, together with a brief description of the basis for the protest with the Executive Director of Purchasing and Auxiliary Services at 501 W. State Street, Jacksonville, FL 32202, within 72 hours after the posting of the ITB bid tabulation. A formal written protest must be filed within 10 days after the date the notice of protest was filed. The formal written

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ITB 2016C-22

protest shall state with particularity all facts and law upon which the protest is based. Inspection or examination of opened bids or proposals are available for inspection from 7am-5pm Monday–Friday by appointment, upon notice of a decision or intended decision, or 10 days after Invitation to Bid (ITB), public opening, whichever is earlier. Failure to timely file a protest or failure to timely deliver the required filing fee and security bond in accordance with the Florida State College of Jacksonville Administrative Procedure 05-0601 shall constitute a waiver of any right to protest proceedings. A copy of the College’s protest procedures maybe requested from the College’s Purchasing Department.

1.08 By submitting the College a bid /proposal, to be responsive the winning contractor(s) agrees that the College payment to your company shall be electronically by ACH. The College requires the winning bidder/proposer to register on the College’s e-Supplier online system which will require your attachment of your completed W-9 form, as well as fully completing payment bank routing information to facilitate payment by ACH.

1.09 Pursuant to Section 1010.04, Florida Statutes, before purchasing nonacademic commodities and contractual services, greater than Category III, the College President or designee shall review the purchasing agreements and state term contracts available under Section 287.056, Florida Statutes, to determine whether it is in the Board of Trustees’ economic advantage to use the agreements and contracts.

For the purchase of nonacademic commodities and contractual services the State of Florida purchasing agreements and state term contracts available under Section 287.056, Florida Statutes, have been reviewed.

1.10 Public Entity Crimes (PURCHASES GREATER THAN $35,000 IN VALUE)

As a proposer our company attests we have not been convicted of a public entity crime of the State of Florida or any federal agency and are not listed in the federal Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA).

Pursuant to OMB Circular a-110,Subpart B, Section 13 a person or affiliate who has been placed on either the federal excluded parties list system or the State of Florida convicted contractor list following a conviction for a public entity crime may not submit a bid/proposal or enter into a contract to provide any goods or services to a public entity, may not submit a bid/proposal or enter into an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or energy performance contractor under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, for category two (i.e. $35,000) while on the convicted contractor list. The excluded parties’ list system can be found at https://www.sam.gov/portal/SAM/#1

1.11 As a Federally funded purchase you are also required to attest your agreement by submitting with

your quote a signed copy of the USDOE attestation form provided (FED Clauses 15.08) regarding federally required clauses that pertain to purchases made with Federal Funds.

1.12 In order to maintain a fair and impartial competitive process, the College shall avoid any oral communication with prospective proposers other than through the purchasing office during the proposal preparation and evaluation period. Questions concerning the ITB must be submitted in writing prior to the deadline of 05/12/2016 via email to Karen Hart at khart@fscj.edu.

1.13 Specifications- On Separate Cover

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ITB 2016C-22

Specifications include:

Section 11400 Part 1 of 2

Section 11400 Part 2 of 2

Food Service Equipment Package Drawings prepared by JAX Design Group, Inc. o Cover Sheet o FS101 – Food Service Floor Plan, Elevations and Equipment Schedule o FS102 – Utility Connection Schedule o FS103 – Utility Connection Schedule

1.14 Cost Sheet-On Separate Cover in one submission, either by the provided Excel 2003 or Excel 2010

format.

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ITB 2016C-22

Special Conditions

** COOPERATIVE PURCHASE AGREEMENT ** PURCHASES BY OTHER STATE OF FLORIDA COLLEGES, UNIVERSITIES AND STATE AGENCIES: With the consent and agreement of the successful Proposer(s), purchases may be made under this ITB by other community colleges, state universities, district school boards, and other state agencies within the State of Florida. Such purchases shall be governed by the same terms and conditions stated in the ITB/proposal solicitation as provided in State Board of Education Rule 6A-14.0734(2)(d). If the period of time is not defined within the solicitation, the prices, terms and conditions shall be firm for 120 days from date of award. Proposer(s) shall note exceptions to the above paragraph, if any:

** TERMS AND DELIVERY ** PAYMENT TERMS: NET 40 DAYS OR PROMPT PAYMENT DISCOUNT OF %, DAYS OFFERED BY PROPOSER. NOTE: ANY PROMPT PAYMENT DISCOUNT OFFERED BY THE PROPOSERS WILL BE TAKEN BY THE

COLLEGE IF PAYMENT IS MADE WITHIN THE TIME PERIOD OFFERED, HOWEVER, ONLY TERMS ALLOWING 40 DAYS PAYMENT WILL BE CONSIDERED IN EVALUATING.

DELIVERY: UNLESS OTHERWISE SPECIFIED IN THE SOLICITATION, DELIVERY TO BE NO LATER THAN

30 DAYS AFTER RECEIPT OF ORDER. DELIVERY WILL BE MADE DAYS AFTER RECEIPT OF ORDER (PROPOSER COMPLETE IF OTHER THAN 30 DAYS)

FLORIDA SALES TAX EXEMPTION NO: 85-8012556864C-6 FSCJ RESERVES THE RIGHT TO REJECT ANY OR ALL ITBS/PROPOSALS RECEIVED, TO RESOLICIT OR NOT AND TO WAIVE INFORMALITIES AS DEEMED IN THE BEST INTERESTS OF THE COLLEGE. F.O.B. Destination: All bids and proposals to the College shall include all shipping and handling cost in the bidder’s unit prices on a F.O.B. destination basis, where the awarded supplier shall be responsible to file all trucking damage claims that happen prior to arriving at the destination.

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ITB 2016C-22

Special Condition 15.08 FEDERALLY FUNDED ATTESTATION – (NON CONSTRUCTION PROGRAMS)

Note: Certain of these assurances may not be applicable to sale of your products or services. If you have questions, please contact the FSCJ Purchasing Department. Further, certain Federal awarding agencies may require FSCJ certify additional assurances. If such is the case, you will be notified. Our company understands this purchase has federal funding and by signing this attestation we agree to: 1. Give the Federal Government the Comptroller General of the United States through their authorized representative access the right to examine

all records, books, papers or documents related to this purchase, as well as establish a proper accounting system in accordance with generally accepted accounting standards and to retain all records a minimum of five years.

2. Establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

3. Initiate and complete the scope of work within the applicable time frame after receipt of an approved FSCJ College purchase order.

4. Comply with the Intergovernmental Personnel Act of 1970 (42 U.S. C. 4728-4763 relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).

5. Comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964

(P.L.. 88.352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 – 1683, and 1685 – 1686), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 – 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92.255) as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91.616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd.3 and 290 ee-3), as amended, relating to confidentially of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application.

6. Comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970 (P.L. 91.646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

7. Comply with the provision of the Hatch Act (U.S.C. 1501 – 1508 and 7324 – 7328) which limit the political activities of employees whose

principal employment activities are funded in whole or in part with Federal funds.

Comply as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a - 276a 7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874, and the Contract Work Hours and Standards Act (40.327 – 333), regarding labor standards for federally assisted construction sub-agreements

8. Comply, as applicable, with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental

quality control measures under the National Environmental Policy Act of 1969 (P.L.91.190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) (f) conformity of Federal actions to State (Clear Air) implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93.523; and (h) protection of endangered species under the Endangered Species Act of 1973, as amended. (P.L 93.205).

9. Comply, as applicable, with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential

components of the national wild and scenic rivers system. 10. Assist the US Federal Government (as requested) in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as

amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a.1 et seq.).

11. Comply, as applicable, with P.L. 93.348 regarding the protection of human subjects involved in research, development, and related activities

supported by this award of assistance. 12. Comply, as applicable, with the Laboratory Animal Welfare Act of 1966 (P.L) 89.544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care,

handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance. 13. Comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this purchase.

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ITB 2016C-22

14. Strongly strive to provide subcontracting opportunities to small businesses owned and controlled by socially and economically disadvantaged

individuals (WBE/MBE) in accord with Executive Order 12928. 15. Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order

11375 of October 13, 1967, and as supplemented in Federal regulations (41 CFR Chapter 60). 16. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508

of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR part 15). 17. Compliance with mandatory standards and policies (as applicable) relating to energy efficiency which is contained in the state energy

conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 – 163, 89 Stat. 871). 18. Compliance with the federal agency requirements and regulations (as applicable) pertaining to patent rights with respect to any discovery or

invention which arises or is developed in the course of or under such contract, as well as awarding agency requirements and regulations pertaining to copy‐rights and rights in data. A. Supplier agrees to provide access to the Federal grantor agency, the Comptroller General of the United States, or any of their duly

authorized representatives to any books, documents papers, and records or documents of the supplier which are directly pertinent to this specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

B. Supplier agrees to retain all records relative to this procurement for five full years after College makes final payment and all other pending matters are closed.

Our company _______________________________________________________________ attests that it is in full compliance with all of the cited United States federal contractual requirement attestations. __________________________________________ _________________________________________ ____/_____/____

Authorized Signature Signer’s Title Date

Please submit this signed form with Invitation to Bid

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ITB 2016C-22

** DRUG-FREE WORK PLACE **

THE UNDERSIGNED VENDOR IS ACCORDANCE WITH FLORIDA STATUTE 287.087 HEREBY CERTIFIES THAT

DOES: (NAME OF BUSINESS) 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 ACTION THAT WILL 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 EMPLOYEES ASSISTANCE PROGRAMS, AND THE PENALTIES THAT MAY BE IMPOSED UPON EMPLOYEES FOR DRUG ABUSE VIOLATIONS.

3. GIVE EACH EMPLOYEE ENGAGED IN PROVIDING THE COMMODITIES OR CONTRACTUAL SERVICES THAT

ARE UNDER ITB A COPY OF THE STATEMENT SPECIFIED IN SUBSECTION (1). 4. IN THE STATEMENT SPECIFIED IN SUBSECTION(1), NOTIFY THE EMPLOYEES THAT, AS A CONDITION OF

WORKING ON THE COMMODITIES OR CONTRACTUAL SERVICES THAT ARE UNDER ITB, 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 1893 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.

______________________________ Date: __________________ PROPOSER'S SIGNATURE

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ITB 2016C-22

SWORN STATEMENT UNDER SECTION 287.133(3)(A),

FLORIDA STATUTES ON PUBLIC ENTITY CRIME

This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted to _____________________________________________________ (Print name of the public entity)

by _________________________________________________________________________________

(Print individual’s name and title)

for _________________________________________________________________________________ (Print name of the entity submitting sworn statement)

Whose business address is ______________________________________________________________ (If Applicable) its Federal Identification Number (FEIN) is ______________________________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: On the attached sheet.) Required as per IRS Form W-9.

2. I understand that a “Public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means

a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the United States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes,

means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilt or nolo contendere.

4. I understand that “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or:

2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those offices, directors, executives. Partners, shareholders, employees, members and agents who active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm’s length agreement, shall be a facie case that one person controls another. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

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5. I understand that a “person” as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract and which bids or applies to bid on contracts for the provision of goods or services let b y a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity.

6. Based on information and belief, the statement, which I have marked below, is true in relation to

the entity submitting those sworn statements. (Please indicate which statement applies.)

_______ Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. _______ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. _______ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administration Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order)

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

__________________________________________ (Signature)

__________________________________________ (Date)

STATE OF _________________________ COUNTY OF _______________________ PERSONALLY APPEARED BEFORE ME, the undersigned authority, _______________________________________ (Name of individual signing)

who, after first being sworn by me, affixed his/her signature in the space provided on this ________ day of _________________, 20_____. ____________________________________________ (NOTARY PUBLIC) My Commission Expires: _____________________________

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** Pursuant to Florida Statute 112.313(7) and FSCJ Board Rule # 6Hx 7-2.9 (4), College Employees, while acting in a private capacity, are not allowed to do business with the College. This also applies to the buying or selling of goods or services to the College from any business entity of which the employee or their spouse or child is an officer, partner, director, or proprietor or otherwise has a material interest. This may include private instructional services provided to the College from a full time or adjunct faculty member.

As such does your company have any employee or their Spouse that owns > 5% of your company and is also a FSCJ full time/ part time or adjunct employee of the College? Yes___ No ____ ( If Yes, Define below the name of the employee and or Board member as well as detail below their relationship with your company and the College): _________________________________________________________________________ ________________________________________________________________________

**Discrimination Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a ITB on a contract to provide goods or services to a public entity, may not submit a ITB on a contract with a public entity for the construction or repair of a public building or public work, may not submit ITBs on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. This is in accordance with HB 2127, Section 6(3)(a), all invitations to ITB, as defined by 287.012(11) FS, request for proposals, as defined by 287.012(15) FS, and any written contract document of the State shall contain a statement informing entities of the discrimination provisions. 6.02 ** Equivalents ** The models shown are meant to demonstrate the type of culinary equipment required, and the functional limits listed are to be considered as minimal unless changed by addendum to the bid. Bid evaluation will be made strictly from the minimal specifications. However, vendors wishing to offer items having less functional capabilities and/or limits that are less than the minimal limits specified or beyond maximum limits otherwise specified, should submit recommended changes to stated specifications, as set forth in the "brand name or equal" paragraph in the solicitation general conditions, to the Executive Director, Purchasing and Auxiliary Services or Chief Business Affairs Officer for evaluation purposes not later than seven (7) to fourteen (14) calendar days (number of days vary) prior to the public bid opening. Each particular specification change being recommended must be identified and submitted along with the detailed manufacturers' descriptive literature for the recommended item. An addendum will be issued to all known bidders prior to the public bid opening reflecting approved recommended changes to be added to the specifications. NOTE: Bid each model in the space provided on the price sheet. Bidders offering more than one manufacturer's model must identify on the 2016C-22 Cost Sheet in the appropriate provided space.

NOTE: If you are submitting a quote to provide alternate or technical equivalents for an item please attach to your bid O.E.M. technical cut-sheets with a detailed description of the mfg./model # being bid so the College can review it and determine if in fact the model your item bid is in fact a technical equivalent

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“Written Opinion Requirement re: Florida Preference- Personal Property”

Florida State College at Jacksonville is required in solicitations to comply with providing a preference to Florida

Businesses in accord with Fla. Statute # 287.084(personal property). To be Responsive, Personal Property Out of State Bidders/Proposers/Firms shall submit with their bid /proposal/submittal a fully completed “Written Opinion Requirement re: Florida Preference- Personal Property” form OR on the Attorney at Law’s LETTERHEAD a written opinion with all required information. The submitted document MUST be signed by an attorney at law licensed to practice law in the bidder’s/proposer’s foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of

business are in that foreign state in the letting of any or all public contracts. 1. Name of firm submitting a Bid /proposal/ ITN Reply: _________________________________ 2. List the State which is the Principal Place of Business for the Bidders/Proposer: ____________ 3. List the Name of your Attorney at Law licensed to do business in that state: ___________________________

3A. Phone # and email address of your attorney: (___) ________

Email: _________________________

4. Attorney Written Opinion: Define below if the bidders/proposers foreign State, has laws that provide preferences, if any or none, granted by

the law of the foreign state as to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. ______________________________________________________________________________________________________________________________________________________________________________________ 4A. What is the specific web url where the bidders/proposers foreign state law is defined as to providing

preference to in state businesses for any or all public contracts?

_____________________________________________________________________

4B. The bidders’/proposers’ foreign state law provides what percentage preference to in state businesses for any or all public contracts? _____%

4C. The bidders’ / proposers’ foreign state does not have any laws that provide a preference to in state businesses for any or all public contracts? Yes___ No ____

5. Signature of your Attorney at law licensed to do business in that state:

________________________________ Printed Name: ______________________________ Note: Bidders/Proposers who are submitting bids/proposals for Personal Property whose principal place of Business is out of the State other than Florida; Failure to submit a fully completed “Written Opinion

Requirement re: Florida Preference- Personal Property” will cause their Bid/ Proposal to be considered non-responsive.

Listed below is a copy of: Florida Statute # 287.084 Preference to Florida businesses. — (1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property

through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a

state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business

is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest

responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the

state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive

solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant

a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent.

(b) Paragraph (a) does not apply to transportation projects for which federal aid funds are available.

(c) As used in this section, the term “other political subdivision of this state” does not include counties or municipalities.

(2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written

opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its

own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.

(3)(a) A vendor whose principal place of business is in this state may not be precluded from being an authorized reseller of information technology

commodities of a state contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such

as ISO 9001 or its equivalent, and provides a warranty on the information technology commodities which is, at a minimum, of equal scope and length as that of the contract.

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23.90 ** Interpretations/Protests ** Any questions concerning conditions or specifications shall be directed in writing to the purchasing department. Inquires must reference the date of bid opening and bid number. No interpretations to such questions or inquiries shall be considered binding unless provided in writing by the college. 23.91 **Protest of Solicitation Specifications ** A respondent may only protest a decision or intended decision of the College resulting from a competitive solicitation for a contract of $65,000 or more. To protest the specifications or the terms and conditions contained in

this Invitation to Bid (ITB), a written notice that includes the solicitation # and title, together with a brief description of the basis for the protest must be filed with the Executive Director of Purchasing and Auxiliary Services at 501 W. State street, Jacksonville, FL 32202, within 72 hours after receipt of the project plans/solicitation specifications. For purposes of this section, Saturdays, Sundays and state holidays shall be excluded in the computations of the 72-hour time period. A formal written protest must be filed within 10 days after the date of the notice of protest is filed. The formal written protest must state with particularity all facts and law upon which the protest is based. Failure to timely file a protest or failure to timely deliver the required filing fee and security bond in accordance with the Florida State College of Jacksonville Administrative Procedure 05-0601 shall constitute a waiver of any right to protest proceedings. A copy of the College’s protest procedures maybe requested from the College’s Purchasing Department. 23.92 ** Protest of Awards and Intended Award ** A respondent may only protest a decision or intended decision of the College resulting from a competitive solicitation for a contract of $65,000 or more. Bid tabulations with recommended awards will be posted on or about 05/31/2016 for review by interested parties on the purchasing web page: www.fscj.edu/bids unless changed by addendum, and will remain posted for a period of 72 hours (not including Saturdays, Sundays and State Holidays). Any person who is adversely affected by the college’s decision or intended decision shall file a written notice of protest that includes the solicitation # and title, together with a brief description of the basis for the protest with the Executive Director of Purchasing and Auxiliary Services at 501 W. State Street, Jacksonville, FL 32202, within 72 hours after the posting of the ITB bid tabulation. A formal written protest must be filed within 10 days after the date the notice of protest was filed. The formal written protest shall state with particularity all facts and law upon which the protest is based. Inspection or examination of opened bids or proposals are available for inspection from 7am-5pm Monday–Friday by appointment, upon notice of a decision or intended decision, or 10 days after

Invitation to Bid (ITB), public opening, whichever is earlier. Failure to timely file a protest or failure to timely deliver the required filing fee and security bond in accordance with the Florida State College of Jacksonville Administrative Procedure 05-0601 shall constitute a waiver of any right to protest proceedings. A copy of the College’s protest procedures maybe requested from the College’s Purchasing Department. The link to the APM’s on the website is http://www.fscj.edu/discover-fscj/gov-admin/policies-and-procedures/apm/ They would then need to select Volume 5, then Chapter 6, and then APM 05-0601 Procedure for Contract Solicitation or Award Bid Protest.

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Florida State College at Jacksonville is a member of the Florida College System and is not affiliated with any other public or private university or college in Florida or elsewhere. Florida State College at Jacksonville does not discriminate against any person on the basis of race, disability, color, ethnicity, national origin, religion, gender, age, sex, sexual orientation/expression, marital status, veteran status, pregnancy or genetic information in its programs or activities. Inquiries regarding the non-discrimination policies may be directed to the College’s Equity Officer, 501 West State Street, Jacksonville, Florida 32202 | (904) 632-3221 | equityofficer@fscj.edu. Florida State College at Jacksonville is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award the baccalaureate and associate degree. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097, or call (404) 679-4500 for questions about the accreditation of Florida State College at Jacksonville. The Commission is to be contacted only if there is evidence that appears to support an institution’s significant non-compliance with a requirement or standard.