invitation to bid for water treatment chemicals

INVITATION TO BID (ITB)

FOR

WATER TREATMENT CHEMICALS

ITB NO. 07-885-000-A

ITB ISSUE DATE: SEPTEMBER 14, 2010 RESPONSES DUE: NOVEMBER 2, 2010

REFER ALL INQUIRIES TO:

TREY COLLINS, CPPB PURCHASING ANALYST

DIVISION OF STATE PURCHASING DEPARTMENT OF MANAGEMENT SERVICES

4050 ESPLANADE WAY, SUITE 360 TALLAHASSEE, FL 32399

TELEPHONE: 850-488-9996 EMAIL: [email protected]

07-885-000-A Water Treatment Chemicals ITB of 80

TABLE OF CONTENTS

1.0 INTRODUCTION

2.0 GENERAL INSTRUCTIONS TO RESPONDENTS, STATE OF FLORIDA FORM PUR 1001

3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS

4.0 GENERAL CONTRACT CONDITIONS, STATE OF FLORIDA FORM PUR 1000

5.0 SPECIAL CONTRACT CONDITIONS

6.0 PRODUCT SPECIFICATIONS

7.0 RESPONSE AND EVALUATION

8.0 ATTACHMENTS


SECTION 1.0

INTRODUCTION

1.1 PURPOSE / TERM

1.2 SCOPE

1.3 ESTIMATED USAGE

1.4 ELIGIBLE USERS

1.5 EVENT TIMELINE

1.6 PROCUREMENT OFFICER


1.1 Purpose / Term

The State of Florida Department of Management Services‟ Division of State Purchasing (“the Department”) invites interested companies to submit Responses in accordance with these solicitation documents to establish a State Term Contract for Water Treatment Chemicals, which include drinking water and wastewater treatment chemicals. The initial term of the expected State Term Contract will be for three (3) years, with the potential option for one (1) three-year renewal as allowed by Section 287.057 (14)(a), Florida Statutes. The initial contract term is anticipated to begin on December 1, 2010. Eligible Users of the new State Term Contract include Florida state agencies, counties, cities, universities, colleges and Other Eligible Users as defined in Rule 60A-1.005, Florida Administrative Code (FAC). Respondents should carefully review all Sections of this ITB with particular attention to Section 2 (PUR 1001), Section 4 (PUR 1000), and Section 5 (Special Contract Conditions). All Sections of this ITB must be accepted and will be incorporated into the Contract without modification. The State‟s MyFloridaMarketPlace e-Procurement system‟s eSourcing tool (“MFMP Sourcing Tool”) will be used to conduct this competitive event.

1.2 Scope

The scope of products for this Water Treatment Chemicals solicitation is described in the table below and is listed under the column “In Scope”. The Product Categories listed in the “Out of Scope” column refer to categories outside of the intended scope of this solicitation and include categories covered by another statewide agreement (State Term Contract, Alternate Contract Source, or State Purchasing Agreement). State agency users are encouraged to use the existing State Term Contracts for the applicable categories. All users are encouraged to compare statewide agreements for best pricing.

In Scope Out of Scope

Aluminum Sulfate

Anhydrous Ammonia

Calcium Hypochlorite

Carbon Dioxide

Carbon, Powdered Activated

Chlorine

Copper Sulfate Pentahydrate

Ferric Chloride, Liquid

Ferric Sulfate

Fluorosilicic Acid

Lime - Hydrated Lime

Lime - Quicklime

Methanol, Liquid

Oxygen, Liquid

Potassium Permanganate

Soda Ash

Sodium Aluminate

Sodium Hexametaphosphate

Sodium Hydroxide (Caustic Soda) - 25%

Sodium Hydroxide (Caustic Soda) - 50%

Sodium Hypochlorite

Solar Salt

Sulfur Dioxide

Sulfuric Acid

Other drinking water and wastewater treatment chemicals (Balance of Line per Section 3.12)

Agrochemicals (e.g., fertilizer, pesticides)

Boiler treatment chemicals

Chemicals used to treat swimming pools

Water treatment services

Chemicals covered by another statewide agreement

o Cleaning products o Lab chemicals


1.3 Estimated Usage The Department recently conducted a survey of Florida cities and counties, and found that the responding Eligible Users, who expressed interest in a new State Term Contract for this category, spend an estimated $69,000,000 annually on Water Treatment Chemicals. Florida State Agencies spend an additional estimated $1,000,000 annually on Water Treatment Chemicals. These figures are given only as a guideline for preparing an offer and should not be construed as representing actual or guaranteed purchases under any new contract.

1.4 Eligible Users

State agencies are required to use State Term Contracts established by the Department. However, all other Florida government and educational entities are considered Eligible Users of the Water Treatment Chemicals State Term Contract. This includes all agencies, school districts, universities, community colleges, counties, cities, towns, villages, special districts, and other entities, pursuant to Florida Administrative Code and Statutes. With the consent of the successful Respondent(s), purchases may also be made under the terms and conditions of this solicitation by governmental and educational entities located outside the State of Florida. Appropriate governmental and educational entities' purchasing laws, rules, and regulations shall apply to purchases made under this contract. Eligible Users and governmental entities are defined in Florida Administrative Code and Statutes as described below:

Rule 60A-1.005, Florida Administrative Code, identifies Eligible Users as:

All governmental agencies, as defined in Section 163.3164, of the Florida Statutes, which have a physical presence within the State of Florida;

Any independent, nonprofit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools.

Section 163.3164, Florida Statutes:

(10) "Governmental agency" means: o The United States or any department, commission, agency, or other

instrumentality thereof. o This state or any department, commission, agency, or other instrumentality

thereof. o Any local government, as defined in this section, or any department, commission,

agency, or other instrumentality thereof. o Any school board or other special district, authority, or governmental entity.

1.5 Event Timeline

The table below contains the intended schedule of events for this solicitation.

Events Event Time (EDT)

Event Date

Issue the Water Treatment Chemicals ITB / Solicitation Preview Period Opens in the MFMP Sourcing Tool

September 14, 2010

MFMP Sourcing Tool Respondent Training (1st Session)

(Not Mandatory) 2:00 PM September 22, 2010

Pre-Bid Conference (Not Mandatory) and MFMP Sourcing Tool Respondent Training (2

nd Session)

4050 Esplanade Way, Suite 101 Tallahassee, FL 32399 Conference Call Information Call number: 1-888-808-6959; Conference Code: 5263885 *SUNCOM Conferencing Service will only accept the first 120 callers*

2:00 PM September 28, 2010

Questions and Comments from Respondents Due / Solicitation Response Period Opens in the MFMP Sourcing Tool

2:00 PM October 1, 2010


Events Event Time (EDT)

Event Date

Post Responses to Respondents‟ Questions October 19, 2010

Responses Due 2:00 PM November 2, 2010

Post Notice of Intent to Award November 16, 2010

Award Contract December 1, 2010

YOU SHOULD SUBMIT YOUR RESPONSE IN THE MFMP SOURCING TOOL AS

EARLY AS POSSIBLE . YOU SHOULD ALLOW FOR ADEQUATE 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 .

DO NOT RELY ON THE MFMP SOURCING TOOL’S TIME REMAINING CLOCK. THE

OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN THE

EVENT TIMELINE (SECTION 1.5) OF THIS ITB.

1.6 Procurement Officer

The Procurement Officer is the sole point of contact from the date of release of this ITB until the contract award is made. Respondents shall not contact any other State agency, Department of

Management Services, or Eligible User employee for information with respect to this solicitation. Procurement Officer for this ITB is:

Trey Collins, CPPB Purchasing Analyst, Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Phone: 850-488-9996 Email: [email protected]

THIS SPACE IS INTENTIONALLY LEFT BLANK

mailto:[email protected]


SECTION 2.0

GENERAL INSTRUCTIONS TO RESPONDENTS, STATE OF FLORIDA FORM PUR 1001 2.1 DEFINITIONS

2.2 GENERAL INSTRUCTIONS

2.3 ELECTRONIC SUBMISSION OF RESPONSES

2.4 TERMS AND CONDITIONS

2.5 QUESTIONS

2.6 CONFLICT OF INTEREST

2.7 CONVICTED VENDORS

2.8 DISCRIMINATORY VENDORS

2.9 RESPONDENT’S REPRESENTATION AND AUTHORIZATION

2.10 MANUFACTURER’S NAME AND APPROVED EQUIVALENTS

2.11 PERFORMANCE QUALIFICATIONS

2.12 PUBLIC OPENING

2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD

2.14 FIRM RESPONSE

2.15 CLARIFICATIONS/REVISIONS

2.16 MINOR IRREGULARITIES/RIGHT TO REJECT

2.17 CONTRACT FORMATION

2.18 CONTRACT OVERLAP

2.19 PUBLIC RECORDS

2.20 PROTESTS

2.21 LIMITATION ON VENDOR CONTACT


2.1 Definitions The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The “Buyer” may also be the

“Customer” as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory

Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these

Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials.

2.2 General Instructions

Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly.

2.3 Electronic Submission of Responses

Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes:

an electronic signature on the response, generally,

an electronic signature on any form or section specifically calling for a signature, and

an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement.

2.4 Terms and Conditions

All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed:

Technical Specifications,

Special Conditions and Instructions,

Instructions to Respondents (PUR 1001),

General Conditions (PUR 1000), and

Introductory Materials.

The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent‟s response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response.

2.5 Questions

Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions.


2.6 Conflict of Interest This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.

2.7 Convicted Vendors

A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list:

submitting a bid on a contract to provide any goods or services to a public entity;

submitting a bid on a contract with a public entity for the construction or repair of a public building or public work;

submitting bids on leases of real property to a public entity;

being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and

transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes.

2.8 Discriminatory Vendors

An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not:

submit a bid on a contract to provide any goods or services to a public entity;

submit a bid on a contract with a public entity for the construction or repair of a public building or public work;

submit bids on leases of real property to a public entity;

be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or

transact business with any public entity. 2.9 Respondent’s Representation and Authorization

In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so).

The respondent is not currently under suspension or debarment by the State or any other governmental authority.

To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response.

The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening.

The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company.


Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered

against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

The product offered by the respondent will conform to the specifications without exception.

The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions.

If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State.

The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response.

The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent‟s preparation of its bid.

All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes.

2.10 Manufacturer’s Name and Approved Equivalents

Unless otherwise specified, any manufacturers‟ names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer‟s prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent.

2.11 Performance Qualifications

The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall 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 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

http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu


ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.”

2.21 Limitation on Vendor Contact with Agency During Solicitation Period

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.



SECTION 3.0

SPECIAL INSTRUCTIONS TO RESPONDENTS

SPECIAL INSTRUCTIONS TO RESPONDENTS CONTAINED IN THIS SECTION 3.0 MAY SUPERSEDE OR

SUPPLEMENT GENERAL INSTRUCTIONS TO RESPONDENTS CONTAINED IN SECTION 2.0.

3.1 OVERVIEW OF THE SOLICITATION PROCESS

3.2 WHO MAY RESPOND

3.3 ORDER OF PRECEDENCE

3.4 ADDENDA TO THE ITB DOCUMENTS

3.5 SUBMITTAL OF RESPONSE

3.6 MANUFACTURER OR MANUFACTURER’S AUTHORIZED REPRESENTATIVE

3.7 NOTIFICATION PROCESS

3.8 MYFLORIDAMARKETPLACE (MFMP) REGISTRATION AND SOURCING TOOL

OVERVIEW

3.9 REQUESTS FOR CLARIFICATION / SUBMISSION OF QUESTIONS

3.10 RESPONSE CRITERIA

3.11 BASIS FOR AWARD

3.12 BALANCE OF LINE

3.13 VOLUME DISCOUNTS

3.14 RESPONSE OPENING AND ELECTRONIC POSTING OF NOTICE OF INTENT TO AWARD

3.15 SPECIAL ACCOMMODATION

3.16 FIRM RESPONSE

3.17 USE OF THIRD-PARTY CONSULTANT

3.18 CANCELLATION OR WITHDRAWAL OF ITB

3.19 CONFIDENTIAL INFORMATION

3.20 DOCUMENTATION BECOMES THE PROPERTY OF THE STATE

3.21 NOTICE TO CONTRACTOR

3.22 LIMITATION OF VENDOR CONTACT


3.1 Overview of the Solicitation Process The Department intends to use an Invitation to Bid (ITB) to conduct this solicitation, which includes the following components (detailed below): Qualification Questions, Pricing Response, Forms and Additional Information. The Department reserves the right to award to one or multiple Respondents, statewide or by region, or to make no award, as determined to be in the best interest of the State.

3.1.1 Qualification Questions The intent of the Qualification Questions is to determine if Respondents are capable and willing to meet the mandatory requirements of this solicitation. Respondents will submit Yes / No answers to each mandatory question within the MFMP Sourcing Tool. All of the submitted responses to the qualification questions in the MFMP Sourcing Tool will be reviewed by the Procurement Officer. Respondents that answer “No” to any of the mandatory requirements will be considered non-responsible to fulfill the requirements of the solicitation. Respondents that answer “Yes” to all of the mandatory requirements may be considered responsible and their Pricing Responses will be evaluated. Respondents should use care and integrity in preparing their responses to the qualification questions, since these are mandatory requirements.

3.1.2 Pricing Response

The Pricing Response shall be completed within the MFMP Sourcing Tool. The Pricing Response covers 22 chemicals to be purchased in various units of measure (UOM) for a total of 47 items. To submit pricing for items 1-6, the Respondent shall list the Product Cost per UOM for each chemical. The Respondent shall also indicate the Transportation Cost per UOM for delivery to each region. The sum total of the Product Cost per UOM and the Transportation Cost per UOM for items 1-6 will be used to calculate the lowest priced bid(s) for these items. Note: For any region(s) in which the Respondent is not bidding, the Respondent shall leave the Transportation Cost per UOM field blank. To submit pricing for items 7-47 (which include 19 chemicals and UOM considered to be in the scope of this solicitation), the Respondent shall list Total Delivered Price per UOM. Total Delivered Price per UOM should reflect the total price per UOM to be charged to the Customer. Product cost and costs associated with transporting the product to Customer-specified location(s) should be included in the Total Delivered Price per UOM. Note: For any chemical(s) the Respondent is not bidding, the Respondent shall enter a "0" value in the Total Delivered Price per UOM field. The Department has provided the Annual Estimated Volumes by UOM in the Description field for items 1-47 for reference only (click on the chemical name to view the Annual Estimated Volumes by UOM). The listed quantities are based on data collected from a representative sample of Eligible Users of the contract. These volumes are given only as a guideline for preparing an offer and should not be construed as representing actual or guaranteed purchases under any new contract.

3.1.3 Forms and Additional Information All Respondents shall use the MFMP Sourcing Tool to submit their Responses to this solicitation. Respondents shall also complete and upload the required forms and additional information below in the MFMP Sourcing Tool:

Attachment A – Reference Check Form

Attachment B – Supplier Qualifier Report

Attachment C – Certification of Drug-Free Workplace Program

Attachment D – Department of State Registration Form / Authority to Do Business in the State of Florida

Attachment E – Ordering Instructions

Attachment F – Products and Services Catalog 3.2 Who May Respond

To be eligible to respond to this solicitation, Respondents must meet the following requirements: 1. Must not be on any of the following lists, as referenced at


http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists:

a. Florida Convicted Vendor List b. Florida Suspended Vendor List c. Florida Discriminatory Vendor List d. Federal Excluded Parties List e. Vendor Complaint List

2. Have no delinquent State of Florida Transaction Fees (see Section 4.14) 3. Meet the Qualification Questions outlined in Section 7.4 by answering “Yes” to each

question 4. Possess the financial capability, experience, and personnel resources to provide services

of the scope and breadth described in this ITB

The Department reserves the right to request additional information and / or clarification pertaining to Respondents‟ experience, ability, and qualifications to perform services described in this ITB, during the solicitation or after contract award. Respondents failing to provide requested information and / or clarification or submitting false or erroneous information may be deemed non-responsive and shall not be awarded a contract. If a Respondent‟s Response is found to contain false and / or erroneous information after contract award, the contract may be terminated.

3.3 Order of Precedence

Potential Respondents for this solicitation are encouraged to carefully review all materials contained herein and prepare Responses accordingly. In the event any conflict exists between the Special and General Instructions, those instructions specified in the Special Instructions shall prevail. In the event any conflict exists between the Special and General Conditions, those conditions specified in the Special Conditions shall prevail. All Responses are subject to the terms of the following sections of these solicitation documents, which, in case of conflict, shall have the order of precedence listed:

Addenda (if any) to the ITB Documents

Introduction (Section 1.0)

Product Specifications (Section 6.0)

Special Contract Conditions (Section 5.0)

Special Instructions to Respondents (Section 3.0)

General Contract Conditions (Section 4.0 (PUR 1000))

General Instructions to Respondents (Section 2.0 (PUR 1001))

Response and Evaluation (Section 7.0)

Attachments (Section 8.0) 3.4 Addenda to the ITB Documents

The Department reserves the right to issue amendments to the solicitation. Notice of any amendment will be posted within the MFMP Sourcing Tool and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and / or reviewing formal changes to the solicitation. Each Respondent is responsible for monitoring the site for new or changing information concerning this solicitation. Respondents are reminded that the MFMP Sourcing Tool‟s email notifications are an option provided to Respondents as a courtesy. The State of Florida is not under any obligation to provide, and does not guarantee that Respondents will receive email notifications concerning any posting, amendment, or close of solicitations.

3.5 Submittal of Response

Responses shall be completed per instructions in this ITB document, and Respondents will submit their Response via the MFMP Sourcing Tool BY THE DATE AND TIME SPECIFIED IN SECTION 1.5

http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists

http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists


EVENT TIMELINE. In the event a Respondent submits more than one Response, only the last Response received by the MFMP Sourcing Tool shall be considered for award. Responses not submitted within the MFMP Sourcing Tool shall be rejected. Each Respondent is responsible for ensuring that the Response is submitted at the proper time. The Department shall not consider late Responses and the MFMP Sourcing Tool will NOT accept Responses after the due date and time specified in the Event Timeline in Section 1.5, or as amended by the Department.

3.6 Manufacturer or Manufacturer’s Authorized Representative Only the product manufacturer or the manufacturer‟s authorized distributor or dealer is allowed to bid on this solicitation. The manufacturer‟s authorized distributor(s) or dealer(s) must provide a current year letter from the product manufacturer, stating that the Respondent is an authorized distributor / dealer of the product manufacturer. This letter must be signed and on the manufacturer‟s letterhead with the contact person‟s name and phone number.

3.7 Notification Process

All solicitation documents and notices of agency decisions will be posted both in the MFMP Sourcing Tool and on the Vendor Bid System. The MFMP Sourcing Tool can be accessed by Respondents that are properly registered in the MFMP Vendor Information Portal, as detailed in Section 3.8 MyFloridaMarketPlace (MFMP) Registration and Sourcing Tool Overview. The Vendor Bid System can be accessed by going to http://vbs.dms.state.fl.us/vbs/search.criteria_form and selecting the Department of Management Services under the Agency search criteria box. Then select the Initiate Search button near the bottom of the page and look for the name of this solicitation. Respondents are reminded that the MFMP Sourcing Tool‟s email notifications are an option provided to Respondents as a courtesy. The State of Florida is not under any obligation to provide, and does not guarantee that Respondents will receive, email notifications concerning any posting, amendment, or close of solicitations (ITBs). Respondents are responsible for checking the MFMP Sourcing Tool and / or the Vendor Bid System for information and updates concerning solicitations.

3.8 MyFloridaMarketPlace (MFMP) Registration and Sourcing Tool Overview

The Department uses the MFMP Sourcing Tool to post solicitations and receive Responses to solicitations electronically. MFMP Vendor Registration Application: Respondents must have current and complete Vendor Registration Application identified on the MFMP Vendor Information Portal at: https://vendor.MFMP.com/. If you have not registered, please be advised that a minimum of 48 hours will be required for access to the MFMP Sourcing Tool upon completion of your registration in the MFMP system. Completion of this registration and acceptance of the Terms of Use are mandatory for those Respondents who wish to submit a Response to this solicitation.

MFMP Sourcing Tool Training for Respondents:

This solicitation will be conducted using the MFMP Sourcing Tool. Training materials can be found at: http://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm. Copy link and paste in to web browser to access site. Download and review the document titled ITB Event User Guide.

For all technical questions about the MFMP Sourcing Tool, Respondents should contact the MFMP Customer Service Desk at (866) FLA-EPRO or [email protected].

For additional information / assistance on using the MFMP Sourcing Tool, please visit the MFMP website at following link:

http://vbs.dms.state.fl.us/vbs/search.criteria_form

https://vendor.myfloridamarketplace.com/

http://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm

mailto:[email protected]


http://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm.

The MFMP Sourcing Tool site includes:

Solicitation User Guides

On-Demand web-based Sourcing Tool training link

WinZip FAQs

Vendor FAQs

MFMP Sourcing Tool Tips:

When working in the MFMP Sourcing Tool, be aware of the thirty (30) minute time-out function (with a two (2) minute warning in the tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty minutes to ensure your entries (since last saved) are not lost. Please note that clicking the SAVE button within the MFMP Sourcing Tool only saves your Responses. The SAVE button does not transmit your Response to the State. In order to transmit your Response to the State, you must click the SUBMIT button on the SUMMARY page of the Response. After clicking the SUBMIT button, it is your responsibility to check your submitted Response within the MFMP Sourcing Tool to verify that your Response is accurately and completely captured within the tool. You must do this while there is time remaining in the Response period in case you discover an error and need to submit a revised Response. To validate your Response, you should do the following before the Response period ends:

1) Go to the “My Bids / My Responses” tab within the MFMP Sourcing Tool after you submit

your Response. 2) Click on the Bid ID number of your last submitted Response. 3) Review entire Response to make sure all Responses are complete, accurate, and as you

intended to submit. 4) Minimum areas to check are:

i) Text boxes – Is your entire answer viewable? ii) Yes / No questions – Is the displayed answer correct? iii) All uploaded document files / scanned documents – Can you open attached

document and clearly view entire content? iv) Offline electronic backup copy sent to the State (if applicable) - Can you open

attached document and clearly view entire content? Does content of this file match your Response within the tool (e.g., not an earlier version or working copy)?

v) Pricing Information – Are all prices you intended to submit visible and accurately captured within the MFMP Sourcing Tool?

It is strongly recommended that you 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 MFMP 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. DO NOT RELY ON THE MFMP SOURCING TOOL‟S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN THE EVENT TIMELINE (Section 1.5) OF THIS ITB.

3.8.1 Optional MFMP Sourcing Tool Training Optional conference call training sessions on how to use the MyFloridaMarketPlace Sourcing Tool for

this ITB are scheduled on the dates indicated on the Event Timeline at 2:00PM ET. The Conference Call number is (888) 808-6959. Conference Code is 5263885.

http://marketplace.myflorida.com/vendor/vendor_solicitation_help.htm


Please go to: http://marketplace.myflorida.com/vendor/vendor_solicitation/rfp_event_user_guide.pps. Please have this document open on your desktop while participating on the call. To participate in the conference call, please call in to the number provided approximately 1 minute before the scheduled time.

3.8.2 On-Demand Training

On-Demand is a web-based interactive training application available to all respondents to assist in learning how to respond to an event using the MyFloridaMarketPlace sourcing tool. The link is http://training.myfloridamarketplace.com/vendor/toc.html click on Responding to Sourcing Event.

3.9 Requests for Clarification / Submission of Questions

All requests for clarification and questions must be submitted via the Q&A Board within the MFMP Sourcing Tool. Respondents have the ability to ask questions about the solicitation documents and the items included in Section 6 - Product Specifications and the Pricing Response. Respondents are asked to indicate any questions or concerns with the listed items in the Pricing Response that would prevent them from submitting a complete response. For questions about product items listed in the Pricing Response, Respondents are asked to reference the Item Number, state their concerns, and provide recommended solution, if applicable. Questions shall be received no later than the time and date reflected on the Event Timeline in Section 1.5. The Department will provide responses to the questions according to the Event Timeline. All submitted questions will be published exactly as submitted along with the Department‟s response.

3.10 Response Criteria

Responses that do not meet all Contract requirements of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of a Contract may be rejected as non-responsible. The Department reserves the right to determine which Responses meet the requirements of this solicitation, and which Respondents are responsive and responsible.

3.11 Basis for Award

Responsive and responsible Respondent(s) submitting the lowest price in all twelve (12) regions for a particular chemical may be considered for a statewide award. The Department intends to award a contract to the lowest priced responsive and responsible Respondent by each chemical in every one of twelve (12) regions. Attachment I – Regional Map shows the regions covered by this solicitation. Also, a maximum of four (4) additional Respondents for each bid item for each region will be awarded so long as their bid price for such items is within 5% of the lowest bid for the region item. If there are more than four (4) Respondents that bid pricing that is within 5% of the lowest bid for the region item, then the four (4) Respondents that offered the lowest pricing for the item will be awarded and the remaining Respondents will not be awarded. However, responsive and responsible Respondents that are Florida-based businesses with bid pricing that is within 8% of the price of the lowest bid item in a region will also be awarded for that item. Vendors claiming to be a Florida-based business are required to submit the form provided in Attachment J to this ITB – Attestation of Florida-Based Business.

The Department reserves the right to reject pricing that is greater than pricing offered to other potential Customers (e.g., purchasing cooperatives, cities, counties, universities, colleges, or similarly situated states, such as California, New York, and Texas). The Department reserves the right to accept or reject any and all Responses, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State‟s best interest.

3.12 Balance of Line

Balance of Line products can be described as any water treatment chemicals or related products and services that are not listed as “In-Scope” in Section 1.2, which the Respondent is willing to offer Eligible Users of this Contract. Respondents may submit Balance of Line products and pricing in

http://marketplace.myflorida.com/vendor/vendor_solicitation/rfp_event_user_guide.pps

http://training.myfloridamarketplace.com/vendor/toc.html


Attachment F – Products and Services Catalog, which shall be submitted as an Excel document with the Respondent‟s Response in the MFMP Sourcing Tool. Respondents are encouraged to submit Balance of Line pricing that is competitive and offers the best value to the State. The Balance of Line products submitted in a Respondent‟s Response will not be considered in the evaluation for award and are not a requirement for award. These products may be added to the contract at the discretion of the Department.

3.13 Volume Discounts Respondents are encouraged to provide Eligible Users with volume discounts, per Section 7.7.6, Tab 4, when Contractor‟s total annual sales to all Eligible Users of the contract exceeds the amounts listed in the table included in the fourth (4

th) tab of Attachment F – Products and Services Catalog.

Discount amounts entered in this table shall be added to all current products for balance of contract period, including any extensions. Entry of discount amounts in the table is required for a Respondent to be considered responsive. If Respondents are not willing to offer additional discounts, their response should reflect 0% in the required cells.

3.14 Response Opening and Electronic Posting of Notice of Intended Award Responses shall be opened after the date and time indicated on the Event Timeline in Section 1.5. If the award is delayed, the Department shall post a notice of the delay in the MFMP Sourcing Tool and the Vendor Bid System and revise the Event Timeline. Any person who is adversely affected by the decision may file a notice of protest in accordance with Section 120 of the Florida Statutes. See paragraph 2.20 of the General Instructions (PUR 1001). The Department shall not reply to, or provide notices of award by telephone, email, or fax.

3.15 Special Accommodation

Any person requiring a special accommodation for public meetings because of a disability should call State Purchasing at (850) 488-8440 at least 48 hours prior to public meetings. If you are hearing or speech impaired, please contact State Purchasing by using the Florida Relay Service at (800) 955-8771 (TDD).

3.16 Firm Response The Department may make an award within one-hundred and eighty (180) days after the date of the opening, during which period Responses shall remain firm and shall not be withdrawn. If an award is not made within one-hundred and eighty (180) days, the Response shall remain firm until either the Department awards the Contract or the Department receives from the Respondent written notice that the Response is withdrawn. Any Response that expresses a shorter duration may, in the Department‟s sole discretion, be accepted or rejected.

3.17 Use of Third-Party Consultant

The Department has chosen to use a consultant to help prepare this ITB. The chosen consultant is Accenture LLP. Although the consultant has helped to prepare the ITB‟s contents, they are not involved in the decision making process, which shall remain exclusively with the State of Florida.

3.18 Cancellation or Withdrawal of ITB

This ITB may be cancelled or withdrawn at any time and any and all Responses may be rejected in whole or in part when the Department determines such action to be in the best interest of the State of Florida.

3.19 Confidential Information

Any documents submitted pursuant to this ITB and identified by the Respondent as containing confidential and proprietary information will not be released to any person making a request for copies of information submitted to the Department until the Respondent has been notified and provided the opportunity to defend release of the document containing the identified confidential information. In transmitting any document which contains proprietary confidential business information, the Respondent shall note within the body of the document itself, the following warning:


THIS DOCUMENT IS NOT A PUBLIC RECORD, AND IS EXEMPT FROM THE PROVISIONS OF CHAPTER 119, FLORIDA STATUTES, PURSUANT TO THE PROVISIONS OF SECTION 946.517, FLORIDA STATUTES.

Respondents shall also provide a redacted copy of any document containing confidential information. This section is in supplement to Section 2.19.

3.20 Documentation Becomes the Property of the State

All documentation produced as part of this solicitation shall become the exclusive property of the State. Documentation may not be removed by the Respondent or its agents and will not be returned to the Respondent. Selection or rejection of a reply shall not affect this right.

3.21 Notice to Contractor

The employment of unauthorized aliens by any Contractor is considered a violation of section 247A (e) of the Immigration and Nationalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract.

3.22 Limitation of Vendor Contact

Reference contract section 2.21 Limitation on Vendor Contact with Agency during Solicitation Period. Respondents are advised that the following will be included in the Contract for these services: In accordance with Section 216.347, Florida Statutes, and as provided herein, the Service Provider or Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency.



SECTION 4.0

GENERAL CONTRACT CONDITIONS, STATE OF FLORIDA FORM PUR 1000

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


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 Procurement Officer documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated


to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor‟s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.

4.5 Additional Quantities

For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation.

4.6 Packaging

Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer‟s property.

4.7 Inspection at Contractor’s Site

The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance.

4.8 Safety Standards

All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and / or National Electrical Manufacturers‟ Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution.

4.9 Americans with Disabilities Act

Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals.

4.10 Literature

Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.

4.11 Transportation and Delivery

Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension.


4.12 Installation

Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor‟s authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order.

4.13 Risk of Loss

Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier‟s Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier‟s Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product.

4.14 Transaction Fee

The State of Florida has instituted MFMP, 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.

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 wITBess 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.

http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm


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.

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 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. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal.

4.28 Advertising

Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor‟s name and either a description of the Contract or the name of the State or the Customer in any material published, either


in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative.

4.29 Assignment

The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so.

4.30 Antitrust Assignment

The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract.

4.31 Dispute Resolution

Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer‟s decision on the petition shall be final, subject to the Contractor‟s right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial.

4.32 Employees, Subcontractors, and Agents

All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer‟s security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor‟s employees, subcontractors, or agents.

4.33 Security and Confidentiality

The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State‟s or Customer‟s confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract.


4.34 Contractor Employees, Subcontractors, and Other Agents

The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida.

4.35 Insurance Requirements

During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor‟s liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida.

4.36 Warranty of Authority

Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract.

4.37 Warranty of Ability to Perform

The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor‟s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract.

4.38 Notices

All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice.

4.39 Leases and Installment Purchases

Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes.

4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)

Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com.

4.41 Products Available from the Blind or Other Handicapped

Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same

http://www.pridefl.com/


procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org.

4.42 Modification of Terms

The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor‟s order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.

4.43 Cooperative Purchasing

Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State.

4.44 Waiver

The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer‟s right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.

4.45 Annual Appropriations

The State‟s performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature.

4.46 Execution in Counterparts

The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

4.47 Severability

If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect.


http://www.respectofflorida.org/


SECTION 5.0

SPECIAL CONTRACT CONDITIONS

SPECIAL CONTRACT CONDITIONS CONTAINED IN THIS SECTION 5.0 MAY SUPERSEDE OR

SUPPLEMENT GENERAL CONTRACT CONDITIONS TO RESPONDENTS CONTAINED IN SECTION 4.0.

5.1 ORDERING INSTRUCTIONS

5.2 OPTIONAL REQUEST FOR QUOTE (RFQ) PROCESS

5.3 ELECTRONIC INVOICING

5.4 PURCHASING CARD PROGRAM

5.5 COMPLIANCE WITH LAWS

5.6 PERFORMANCE ASSURANCE

5.7 LIABILITY INSURANCE AND WORKER’S COMPENSATION

5.8 PERFORMANCE BOND

5.9 ONGOING PERFORMANCE MEASURES

5.10 CONTRACT REPORTING REQUIREMENTS

5.11 BUSINESS REVIEW MEETINGS

5.12 PRICE ADJUSTMENTS

5.13 BALANCE OF LINE PRODUCT / PRICING CHANGES

5.14 FEDERAL, STATE, AND LOCAL ENVIRONMENTAL AND SAFETY STANDARDS

5.15 PRODUCT LABEL(S)

5.16 MATERIAL SAFETY DATA SHEETS

5.17 EMPLOYEE IDENTIFICATION

5.18 SECURE DELIVERY

5.19 CONVICTED FELONS

5.20 SAMPLING AND PRODUCT INSPECTION

5.21 DESIGNATED CONTACT POINT

5.22 DELIVERY

5.23 MINIMUM ORDER

5.24 CUSTOMER AND EMPLOYEE MATERIAL HANDLING SAFETY TRAINING

5.25 SUBCONTRACTING

5.26 LITERATURE

5.27 STATE PRIORITY IN INSTANCES OF EMERGENCY / NATURAL DISASTER

5.28 EMERGENCY SPILL RESPONSE


5.29 DOMESTIC MANUFACTURE

5.30 WORKMANSHIP

5.31 STATE OBJECTIVES

5.32 INTELLECTUAL PROPERTY

5.33 PREFERRED PRICE


5.1 Ordering Instructions

Attachment E – Ordering Instructions will contain current information relevant to the acquisition of Commodities under the Contract. This information shall include, but not be limited to, the Contractor‟s name and identifying number, the Contractor‟s Contract Representative with their contact information, the Contractor‟s Ordering Contact Person with their contact information, the Contractor‟s Remit-To Address, and a list of Department-maintained instructions to assist Eligible Users in placing orders under the Contract. It is the Contractor‟s responsibility to notify the Department of updates to 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 and received by the Contract Administrator 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 independently amend the Ordering Instructions, as it deems will best assist Eligible Users.

5.2 Optional Request For Quote (RFQ) Process

Eligible Users utilizing the Contract, if awarded, are encouraged to conduct business with the lowest total cost awarded Contractor per water treatment chemical, unless quality, service, or delivery issues warrant otherwise. For single orders in excess of the Category 2 threshold amount ($35,000) provided in Section 287.017 of the Florida Statutes, the Department encourages Customers to obtain quotes from multiple Contractors awarded within their region through an optional Request For Quote (RFQ) process. The Customer‟s desired volumes and / or scope of work will be incorporated into Attachment H – Request For Quote (RFQ) Form, which will be issued to the selected Contractors. Pursuant to Section 287.056(3), F.S., RFQ processes performed within the scope of this Contract are not independent competitive solicitations and are not subject to the notice or challenge provisions of Section 120.57(3), F.S.

5.3 Electronic Invoicing The Contractor shall supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices shall be submitted to the agency through the Ariba Supplier Network (ASN) in one of three mechanisms as listed below. Suppliers can select the method that best meets their capabilities from the following list:

cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog goods and services. The cXML format is the Ariba preferred method for eInvoicing.

EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog goods and services.

PO Flip via ASN The online process allows suppliers to submit invoices via the ASN for catalog and non-catalog goods and services. Suppliers have the ability to create an invoice directly from their Inbox in their ASN account by simply “flipping” the PO into an invoice. This option does not require any special software or technical capabilities.

For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a State Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor‟s trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract.


The Contractor will work with the MFMP management team to obtain specific requirements for Electronic Invoicing.

5.4 Purchasing Card Program The State of Florida has implemented a purchasing card program, using the Visa platform. Respondents may receive payment from state agencies by the State‟s Purchasing Card in the same manner as any other Visa purchases. Purchasing Card / Visa acceptance for purchase is a mandatory requirement for this solicitation but is not the exclusive method of payment. If the State changes its Purchasing Card platform during the term of Contract resulting from this ITB, the Contractor shall make any necessary changes to accommodate the State„s new Purchasing Card platform within 30 days of notification of such change.

5.5 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 Rule 60A, of the Florida Administrative Code govern the Contract. By way of further non-exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran‟s status. Violation of such laws shall be grounds for Contract termination.

5.6 Performance Assurance The Respondent is required to meet the performance standards for Delivery Timing, Order Accuracy and Order Completeness / Fill described in Section 7.4, Q2. Failure to meet the performance standards specified will result in the specified damages to the State as shown in the chart below. On the 15

th of the month following the month being reported, the Respondent shall submit a report to the

Contract Administrator containing the information required in Section 7.4, Q2. Performance Assurances, if applicable, will be paid via check or money order made out to the Department of Management Services in US Dollars within thirty (30) calendar days after submission of failed monthly service level agreement report, per Section 5.10. These damages are assessed for failures over each 12 month period beginning with the first full month of contract performance and every 12 months thereafter.

Item First Failure

Second Failure

Third Failure

Fourth Failure

Fifth Failure Each Additional Failure

Report Submission

$0 $500 $500 $1,000 $2,000 $3,000

Delivery Timing – 95% or greater

$0 $0 $1,000 $1,000 $2,000 $3,000

Order Accuracy –98% or greater

$0 $0 $1,000 $1,000 $2,000 $3,000

Order Completeness / Fill – 95% or greater

$0 $0 $1,000 $1,000 $2,000 $3,000

Note: In addition to imposition of the amounts identified above for failure to perform, if Respondent fails to meet the performance standards the State may initiate a default proceeding as identified in 60A-1.006, FAC, or pursue any other appropriate remedy to cure..

5.7 Liability Insurance and Worker’s Compensation

During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract,


which, as a minimum, shall be: workers‟ compensation and employer‟s liability insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the State as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of $500,000, including hired and non-owned liability, and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of the Contract. Upon request, the Contractor shall provide certificate of insurance. The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor‟s liability and obligations under the Contract. All insurance policies shall be through insurers authorized to write policies in Florida.

5.8 Performance Bond

If deemed necessary, the Customer may require the Contractor to furnish (without additional cost) a performance bond, a negotiable irrevocable letter of credit or other form of security for the faithful performance of work. Determination of the appropriateness and amount of any bond requirement, is the sole responsibility, and at the sole discretion, of the Customer.

5.9 Ongoing Performance Measures

The Department intends to use performance-reporting tools and service level agreements as outlined in this solicitation, in order to measure the performance of Contractors. Such measures assist the Department in ensuring that Contractors provide the best possible value to the State and end users. The State reserves the right to modify and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

5.10 Contract Reporting Requirements

The Contractor shall report sales data to the Contract Manager on a quarterly basis using the Contract Quarterly Reporting Form in Attachment G – Quarterly Report Form of this ITB. The following summary data must be reported to the Contract Manager on a quarterly basis:

Total purchases on the contract for the quarter

Total purchases on the contract for the quarter by Eligible User

Total purchases for the quarter made using the State‟s Purchasing Card

Total Certified Vendor (including Minority, Women, and Service-Disabled Veteran) purchases for the quarter by Eligible User.

The following detailed data must be reported to the Contract Manager on a quarterly basis in Excel spreadsheet format:

Eligible User (Customer) Entity Name

Product Category

Product Name

Item Description

Manufacturer Name

Manufacturer Product Number

UPC

Unit of Measure

Container Size

Quantity Shipped

Date Shipped

Unit Price

Total Price

Balance of Line Flag (indicates if item is a Balance of Line product)

P-Card Flag (indicates if transaction was paid for using a P-Card).


The Contractor is also responsible for providing the monthly service level agreement reports in Excel spreadsheet format as outlined below:

On-Time Delivery Rate: Number of orders delivered complete within the Customer-specified delivery lead time, not to exceed thirty (30) calendar days, divided by total number of orders delivered

Order Accuracy Rate: Number of orders with order accuracy rate of more than 98% divided by total number of orders

Order Fill Rate: Number of orders with order fill rate of more than 95% divided by total number of orders.

Failure to provide quarterly sales reports, within thirty (30) calendar days following the end of each quarter (January, April, July, and October) and the monthly service level agreement reports, may result in the Contractor being found in default and may cause termination of the contract. Quarterly submissions of the Contract Reporting Form shall be the responsibility of the Contractor without prompting or notification by the Contract Manager. The Contractor shall submit the completed reports and send by email to the Contract Manager.

5.11 Business Review Meetings

In order to maintain the partnership between the Department and the Contractor, each quarter the Department may request a business review meeting. The business review meeting may involve, but is not limited to, the following:

Review of Contractor‟s performance

Review of minimum required reports

Addressing of any elevated Customer issues

Review of continuous improvement ideas that may help lower total costs and / or improve business efficiencies.

5.12 Price Adjustments

Prices bid shall remain firm for the first 6 months of the Contract. After that time, a price increase or decrease may be requested by the Contractor one (1) time per 6 month period of the Contract. Requests for price adjustments shall be based on the percentage change in the applicable U.S. Bureau of Labor Statistics Producer Price Index (PPI) over the most recently reported 6 month period. There will be no retroactive price increases allowed. Increases will not affect any purchase orders issued prior to the effective date of the price changes.

The Department will monitor increases / decreases in PPI and reserves the right to request a price decrease on a monthly basis throughout the Contract term if it is found to be in the best interest of the State.

It is the responsibility of the Contractor to report significant monthly decreases (greater than 5%) in PPI to the Department within thirty (30) days of the most recently issued index. Contractors shall lower contract prices to reflect price decreases greater than 5%, as measured by PPI changes over the most recently reported month.

The following U.S. Bureau of Labor Statistics PPI will be used to determine the percentage increase or decrease in commodity pricing when calculating potential contract price adjustments:

Chemical PPI

Aluminum Sulfate Aluminum compounds

Anhydrous Ammonia Synthetic ammonia, nitric acid, and ammonium compounds

Calcium Hypochlorite Alkalies and chlorine

Carbon Dioxide Carbon dioxide

Carbon, Powdered Activated Carbon black

Chlorine Alkalies and chlorine

Copper Sulfate Pentahydrate Natural sodium carbonate and sulfate


Chemical PPI

Sulfuric acid

Ferric Chloride, Liquid Alkalies and chlorine

Ferric Sulfate Sulfuric acid

Fluorosilicic Acid Chemicals and allied products Industrial chemicals

Lime – Hydrated Lime Lime, inc., quick hydrated & dead burned dolomite

Lime – Quicklime Lime, inc., quick hydrated & dead burned dolomite

Methanol, Liquid Chemicals and allied products Industrial chemicals

Oxygen, Liquid Oxygen

Potassium Permanganate Potassium & sodium compounds, ex. bleaches

Soda Ash Natural sodium carbonate and sulfate

Sodium Aluminate Chemicals and allied products Industrial chemicals

Sodium Hexametaphosphate Phosphates

Sodium Hydroxide (Caustic Soda) – 50% Chlorine, sodium hydroxide, and other alkalies

Sodium Hydroxide (Caustic Soda) – 25% Chlorine, sodium hydroxide, and other alkalies

Sodium Hypochlorite Alkalies and chlorine

Solar Salt Chemicals and allied products Industrial chemicals

Sulfur Dioxide Chemicals and allied products Industrial chemicals

Sulfuric Acid Sulfuric Acid

Price increase requests that exceed the corresponding PPI increases for the category noted above will not be approved. The Department reserves the right to introduce substitute PPI(s) for the chemicals supplied under this contract in cases where a newly identified PPI is more relevant than the originally identified PPI, or if the originally identified PPI is no longer published by the Bureau of Labor Statistics. The Department, 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. Unapproved pricing marketed to Eligible Users may result in the default proceedings, and the Contractor may be responsible for any reprocurement costs incurred by the Customer.

5.13 Balance of Line Product / Pricing Changes

Upon revision of the Balance of Line products and pricing at any time during the Contract term, an updated Attachment F – Products and Services Catalog shall be submitted to the Department for approval. Submission of this form is the single method for Contractors to submit requested changes / additions to their Balance of Line products offering. The Department reserves the right to accept or reject the original offer and subsequent offers as determined to be in the best interest of the State.

5.14 Federal, State, and Local Environmental and Safety Standards Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or enacted during the term of this Contract, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the products and services described herein. The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace.


National Sanitation Foundation (NSF) / American National Standards Institute (ANSI) Standard 60 covers corrosion and scale control chemicals; pH adjustment, softening, precipitation, and sequestering chemicals; coagulation and flocculation chemicals; well-drilling products; disinfection and oxidation chemicals; and miscellaneous and specialty chemicals for treatment of drinking water. The standard addresses the health effects implications of treatment chemicals and related impurities. Both the treatment chemical and the related impurities are considered contaminants for evaluation purposes. NSF / ANSI Standard 61 covers indirect additives products and materials, including process media, protective materials, joining and sealing materials, pipes and related products, mechanical devices, and mechanical plumbing devices (including faucets). In essence, every material from the well or water intakes through to the faucet are covered. The standard addresses crucial aspects of drinking water system components: whether contaminants that leach or migrate from the product/material into the drinking water are above acceptable levels in finished waters. The standard also covers products, components, and materials. When a material is certified under Standard 61, its certification indicates use restrictions on parameters such as maximum use temperature or surface area to volume ratio when the material is used in a finished product. This option allows manufacturers using certified materials to bypass some or all chemical testing when seeking certification, and assures that finished products meet all requirements.

5.15 Product Label(s)

In addition to any special marking required by the Contract or Customer purchase orders, shipping containers shall be marked to show product name, date of filling, batch number, and net contents in accordance with governing laws and / or shipping regulations. Directions for use and recommended amounts for use shall also be marked on the label. Drum type containers that may be stored either horizontally or vertically shall be labeled (if possible) on the top and on the side for accessibility. When requested, Respondents shall submit samples and / or copies of shipping labels to be used. Labels should include product contents, directions for use, manufacturer‟s name, and all appropriate warning and safety information. All labels shall be in compliance with the Federal Government Hazardous Substances Labeling Act and all applicable OSHA requirements. Printed label(s) on the product(s) should show the type of product, the directions for use, the recommended usage, and the precaution statement(s). If the product label does not indicate the recommended usage, such information shall be provided on some other documentation (e.g., technical data sheet). Such documentation shall not have been specifically printed for the State of Florida and shall be information which is freely available as offered to other public and private commercial users.

5.16 Material Safety Data Sheets

One Material Safety Data Sheet (MSDS) must be attached to all delivery tickets with shipments. Shipments without Data Sheets may be refused. Data Sheets must reference the Customer‟s Purchase Order Number. All toxic substances must be labeled for identification, in accordance with OSHA Standards.

5.17 Employee Identification

All Contractor personnel shall follow the security procedures established by the Customer for each delivery location. This may include checking in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of staff contact, may be required for entry. Contractor shall ensure that only authorized Contractor employees and / or authorized personnel shall have access to Contractor vehicles, work site, equipment, work products, reports, electronic data and all other information pertaining to the Customer‟s delivery location. Contractor shall not admit any unauthorized personnel onto any work site. Upon leaving premises, all personnel may be required to check out with the Security Guard or Operator on duty.

5.18 Secure Delivery

The Contractor shall not disclose any shipping information (e.g., delivery schedules, rail car locations, delivery routes, shipping contents) to any person, company, or organization without the written


permission of the Customer. The Contractor must seal all shipments made pursuant to this bid and the seal must remain unbroken until the delivery is received at the designated Customer delivery location.

5.19 Convicted Felons

No Contractor personnel assigned to deliver products to or service a Department of Corrections owned facility shall be a convicted felon or have relatives either confined by, or under supervision of, the Department of Corrections. Other Eligible Users with these or similar requirements should note such restrictions in their purchase orders to the Contractor.

5.20 Sampling and Product Inspection

The Customer reserves the right to have every product shipment tested by an approved laboratory or by in-house evaluation at the Customer‟s expense. Failure of the product to meet specifications and performance criteria will be sufficient reason for the rejection of the product. Should a shipment be rejected, it will be the Contractor‟s responsibility to remove the product from the Customer‟s location, at no additional expense to the Customer, and furnish another shipment within the time agreed upon by the Customer. The replacement shipment will comply with the specifications. The Customer reserves the right to secure products from another supplier in the event the Contractor does not meet the specifications. At the Customer‟s request, the Contractor may be required to provide pre- and post-award testing and analysis conducted by a third-party laboratory of the offered products. This requirement shall apply to testing and analysis of chemicals subject to degrading, including Ferric Chloride, Ferric Sulfate, and Sodium Hypochlorite, as well as other chemicals covered by this solicitation. Sampling and testing shall be conducted in accordance with all NSF, ANSI, American Water Works Association (AWWA), and American Society for Testing and Materials (ASTM) specifications, latest editions. Charges for product testing requested by the Customer shall be negotiated between the Customer and the Contractor.

5.21 Designated Contact Point

The Contractor shall assign one individual to serve as the Designated Contact Point for this State Term Contract. All questions and customer service issues concerning this Contract shall be directed to the Designated Contact Point. It will be the Designated Contact Point‟s responsibility to coordinate with necessary Customer personnel as required. The Designated Contact Point must be accessible by telephone or email twenty-four (24) hours per day, seven (7) days per week.

5.22 Delivery

Delivery shall be made F.O.B. Destination within the delivery lead time agreed upon in writing between the Customer and Contractor prior to issuance of the purchase order, not to exceed seven (7) calendar days. Quotes that specify a later delivery lead time will be considered non-responsive and rejected. Contractor shall be capable of and agree to the following:

Contractor shall be able to deliver twenty-four (24) hours per day, seven (7) days per week, when required.

Packaging and shipping of chemicals shall conform to the current regulations of the State of Florida, Federal Department of Transportation, and any other federal, state, and local regulations now in effect or enacted during the term of the Contract.

Contractor shall furnish a weight certification with each shipment; certificate shall indicate gross, tare, and net weights.

Every shipment shall be free of dirt, chips, and other foreign material.

Contractor shall deliver to the designated facilities and discharge / unload product safely and efficiently.

Contractor must supply all hoses, fittings, and pumps needed to discharge the product at no additional cost to the Customer.

The risk of loss, injury, or destruction, regardless of the cause, shall be on the Contractor until the delivery of goods to the designated Customer.

Contractor shall adhere to all Customer-specified delivery requirements (e.g., hours of delivery, truck size limitations, safety training).


Unless otherwise specified, all chemicals shall be packed in containers (e.g., drums, bags) to assure carrier acceptance and safe arrival at destination, at the lowest transportation rate, for such supplies. Containers shall be in compliance with Uniform Freight Classification or National Motor Freight Classification and / or Department of Transportation, as applicable. Customer shall specify via purchase order the type of container that chemicals shall be delivered in. Customer shall have the option to rent or purchase containers from the Contractor on an as needed basis. This section shall supersede the requirements of Section 4.6.

Unless otherwise specified, all drums shall be lever-pak or lock-rim type. Both types must have lid liners). Drums shall be leak-free, in good condition, clean and rust resistant to avoid having the contents contaminated. All bags shall be multiwall bags in good condition as standard to the industry. All bags shall be shipped on 48" x 40" four-way pallets meeting GMA standards. Contractor shall indicate cost of pallets where applicable.

5.23 Minimum Order The minimum dollar value of any single order placed against this contract shall not be less than one hundred fifty dollars ($150.00). For orders totaling less than one hundred fifty dollars ($150.00), a transportation cost, F.O.B. destination, may be added as a separate invoiced charge.

5.24 Customer and Employee Material Handling Safety Training

At the Customer‟s discretion, the Contractor shall be required to provide, at no additional cost to the Customer, two (2) one (1)-hour training sessions at each delivery location, each year, that meet the federal and state safety and “Right to Know” training requirements. The education and instruction of the Customer's operations personnel shall be by a qualified instructor familiar with the safe handling practices associated with hazardous materials. Session dates, times, and course outlines shall be approved by the Customer. Dated and signed certificates shall be supplied by the instructor for each Customer employee that attended the safety training. Failure to provide this service will be considered a default of the contract. The Contractor shall be required to provide a letter certifying that the course outline meets the requirements listed above. The Contractor shall also be required to provide, at no additional cost to the Customer, two (2) one (1)-hour training sessions, each year, for the Contractor‟s employees who come in contact with or handle hazardous materials. The criteria described in this section will serve as the minimum criteria for providing employees of the Contractor material handling safety training. Contractor shall provide, at no additional cost to the Customer, consultation and technical assistance on hazardous products by self-help media in the form of audio, video, or printed literature or site training as requested by the Customer.

5.25 Subcontracting

Contractor shall not transfer or assign the performance required by this Contract without the prior consent of the Department. This Contract, or any portion thereof, shall not be subcontracted without the prior written consent of the Department.

5.26 Literature

Requests by Customers for product literature, specifications, and technical information must be provided within five (5) working days after receipt of written request, at no charge to Customers. Technical documentation, including printed technical literature, is required to be submitted to the Customer prior to shipment. The purpose of the documentation is to demonstrate compliance of the product bid with applicable technical requirements of the contract and to allow a technical evaluation of the product prior to shipment.

5.27 State Priority in Instances of Emergency / Natural Disaster

The Contractor shall prioritize delivery to Customers of this State Term Contract in case of Emergencies or Natural Disasters. The Contractor shall submit a list with 24-hour access phone numbers (cell phone or beeper number) of at least two management personnel (preferably engineers) in addition to the Contractor‟s Designated Contact Point (Section 5.21). All contact personnel shall be experienced in chemical operations and capable to provide emergency support services on a 24/7


basis in the event of a spill, equipment failure, or other emergency. Failure to meet this requirement will cause the Contractor to be in default.

5.28 Emergency Spill Response

The Contractor shall be responsible for any spills resulting from the failure of its or its subcontractor‟s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require attendant delivery personnel‟s constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The Customer reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and / or leaking.

5.29 Domestic Manufacture All products supplied under this contract shall be of domestic manufacture. Contractors offering substitute products of international manufacture shall obtain prior written approval from the Department.

5.30 Workmanship All liquid chemicals specified herein shall be blended properly and shall not indicate precipitation. Composition, specified by the Contractor, shall be maintained throughout the life of this contract. Products not meeting the workmanship requirements shall be returned to the Contractor at his own expense.

5.31 State Objectives

Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent(s) 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.

5.31.1 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.

5.31.2 Environmental Considerations

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/


The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit as part of any response the Contractor‟s plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, F.S.. 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 explanation of its company‟s hazardous waste plan and shall explain in detail its handling and disposal of this waste.

5.31.3 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 7.7.3 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.

5.31.4 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), of the 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.

5.31.5 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, of the Florida Statutes., 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 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.

5.32 Intellectual Property The parties do not anticipate that any intellectual property will be created as a result of this contract. However, unless otherwise agreed in writing, (i) intellectual property rights to property existing prior to this Contract will remain with Service Provider, (ii), intellectual property rights to all property created or otherwise developed by Service Provider specifically for the Department will be owned by the Department and the State of Florida.

5.33 Preferred Price

The Contractor agrees to submit to Customer at least annually an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 4.4(b).

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0413/Sec036.HTM

http://www.respectofflorida.org/

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0946/Sec515.HTM

http://www.pridefl.com/


SECTION 6.0

PRODUCT SPECIFICATIONS

THIS SECTION DEFINES THE MINIMUM SPECIFICATIONS FOR THE ITEMS BID IN THIS

SOLICITATION.

6.1 PRODUCT SPECIFICATIONS

6.2 ALUMINUM SULFATE

6.3 ANHYDROUS AMMONIA

6.4 CALCIUM HYPOCHLORITE

6.5 CARBON DIOXIDE

6.6 CARBON, POWDERED ACTIVATED

6.7 CHLORINE

6.8 COPPER SULFATE PENTAHYDRATE

6.9 FERRIC CHLORIDE, LIQUID

6.10 FERRIC SULFATE

6.11 FLUOROSILICIC ACID

6.12 LIME

6.13 METHANOL, LIQUID

6.14 OXYGEN, LIQUID

6.15 POTASSIUM PERMANGANATE

6.16 SODA ASH

6.17 SODIUM ALUMINATE

6.18 SODIUM HEXAMETAPHOSPHATE

6.19 SODIUM HYDROXIDE (CAUSTIC SODA)

6.20 SODIUM HYPOCHLORITE

6.21 SOLAR SALT

6.22 SULFUR DIOXIDE

6.23 SULFURIC ACID

6.24 BALANCE OF LINE


6.1 Specifications Definitions

The following items define basic product specifications for this solicitation.

AWWA Standard: The chemicals supplied shall be in conformance with the latest revision of the ANSI/AWWA Standards listed herein. Approval of earlier revisions of these standards is at the discretion of the Customer.

Unit of Measure: The standard unit used to measure the chemical supplied.

Container Size: The size of the container in which the chemical is supplied.

Container Specifications: Specifications involving container; additional specifications will be included with the Customer‟s order as needed.

Delivery Specifications: Specifications involving delivery; additional specifications will be included with the Customer‟s order as needed.

Technical Specifications: Specifications involving physical composition of the chemical supplied; additional specifications will be included with the Customer‟s order as needed.

6.2 Aluminum Sulfate

AWWA Standard: B403 Unit of Measure: Gallon, ton (wet and dry) Container Size: Drum (55 gal), tote Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The chemical shall be Al3SO4, in aqueous solution form. It must be Commercial Grade approved for use in potable water under Rule 555.325 of the Florida Administrative Code. It must be 48.5% by weight Liquid Solution, 17% by weight on a dry ton basis. The chemical is a clear, light green, or amber odorless liquid. The product shall conform to the following specifications:

Content: 48.5% dry Al2(SO4)314H2O in water min.

Total Al2O3: 8.3% by weight

Total available water soluble aluminum as Al: 4.25% by weight, min.

Specific Gravity: 1.335

pH of 1% solution: 3.5 approximately

Volatiles by volume: 50% approximately

Baume, 60 F: 36.4

Pounds Alum/gal: 5.4

Solubility in water: Complete

Water soluble iron as Fe2O3: 0.35% by weight max.

Insoluble matters: 0.2% by weight max. 6.3 Anhydrous Ammonia

AWWA Standard: B305 Unit of Measure: Pound, ton Container Size: Drum (150#), bulk Container Specifications: As specified by Customer Delivery Specifications: Contractor must conform to the refrigeration grade requirement (ANSI-K61.1) for storage and handling of anhydrous ammonia. Contractor shall comply with Compressed Gas Association, Inc. G-2 and G-2.1 standards. When filling un-insulated bulk storage, DOT regulations only permit filling tank to a maximum of 87.5%. Filling must be stopped at the first sign of ice forming on the outside of the tank.


Users may request that tanks shall be supplied by the ammonia Contractor and shall be 1000 gallon capacity and hold approximately 4600 pounds of anhydrous ammonia each. The tanks shall be delivered painted white and contain all Hazardous Materials Identification System labeling, safety labels or placards. The tanks shall be horizontal and constructed in accordance with the A.S.M.E. Code for unfired pressure vessels (Section VIII), suitable for anhydrous ammonia. Each tank shall be inspected, tested and stamped by inspector qualified by the National Board of Boiler and Pressure Vessel Inspectors. All fittings shall be forged steel schedule 80, non-malleable type. Unions shall be of the ground joint type. All piping shall be inspected and tested for leaks after assembly. All gauges shall be suitable for ammonia use. Each tank shall contain the following:

One (1) liquid fill valve assembly suitable for a hose connection from a USSAC tank truck to the valve opening. This assembly shall include an excess flow valve.

One (1) pressure equalizing valve used for filling from the tank truck to the tank more efficiently. The pressure equalizing valve assembly shall include an excess flow valve.

One (1) vapor outlet valve shall be used to connect to the Customer's piping.

One (1) shut off valve.

One (1) fixed level gauge and one (1) pressure gauge serve as vapor pressure within the tank and used to insure the tank is not filled above the 87% of volume as per CGA and ASA Standards. The fixed level gauge shall be a dip tube that projects downward inside the tank to the 87% level.

One (1) pressure gauge.

One (1) dual relief valve.

One (1) liquid level float gauge.

One (1) liquid outlet valve located on the bottom of the tank. The tanks shall have the approximate dimensions 16.5 feet in length and 3.5 feet in diameter. The tanks shall have a metal base attached to the bottom of each tank suitable to support the tanks when full. The ammonia Contractor shall provide a lease agreement for the storage tanks effective through the terms of this agreement.

Technical Specifications: Anhydrous Ammonia is a chemical compound formed by combination of two gases (hydrogen and nitrogen) and exists in gaseous form at atmospheric pressure. Percent by weight must meet the following: C-grade 99.5%, P-grade 99.995%. Must be Refrigeration Grade approved for use in potable water under Rule 555.325 of the Florida Administrative Code. The product shall conform to the following specifications:

Chemical Formula: NH3

Specific Gravity: 0.62 at 60 F

pH+ 11.6 (1 N sol. in water)

% volatile by volume: 100

Solubility in water: 33% at 68 F

Vapor density: 0.6 at 32 F

6.4 Calcium Hypochlorite AWWA Standard: B300 Unit of Measure: Pound, cylinder (100#) Container Size: Cylinder (100#) Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The product shall conform to the following specifications:

Chemical Formula: Ca(OCl)2

Commercial Grade, hydrated

White to off-white free flowing granular solid


Available chlorine: 65% by weight min.

pH 1% solution: approx. 11 at 25 C

Odor: Slight chlorine odor

Solubility (in water): 217 g/L at 27 C

pH of solutions: Alkaline

6.5 Carbon Dioxide AWWA Standard: B510 Unit of Measure: Pound, ton Container Size: Ton Container Specifications: As specified by Customer Delivery Specifications: Carbon dioxide is shipped and stored as a liquefied compressed gas, in

insulated tank trucks. Liquid carbon dioxide is normally delivered at 0 F under 300 PSI. The liquid carbon dioxide shall be delivered in DOT approved tanker trucks that are used solely for the purpose of delivering liquid carbon dioxide of 99.5% or greater purity. Contractor shall be responsible to provide proper, safe piping connections to off-load liquid carbon dioxide in the storage tanks at the specified location.

Technical Specifications: The product shall conform to the following specifications:

Chemical Formula: CO2

99.5% pure by weight min.

Water content of liquid carbon dioxide shall not exceed 200 mg/L at time of delivery.

Nonvolatile residues of the carbon dioxide shall not exceed 10 mg/L.

Carbon dioxide is colorless, nontoxic, non-combustible, and chemically inert. It is used in water treatment to lower the ph by converting the carbonates and hydroxides back to bicarbonates (re-carbonation).

Shall be heavier than air, non-combustible, and extremely stable. 6.6 Carbon, Powdered Activated

AWWA Standard: B600 Unit of Measure: Pound Container Size: Bag; supersack Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The product shall conform to the following specifications:

Moisture Content: 8% by weight max.

Density: 0.2 g/mL to 0.75 g/mL

Product shall be a grade in extensive use for the removal of taste and odor from municipal water supplies. It is charred or carbonized residue of an organic material, prepared in such a way as to possess a highly absorptive capacity, particularly with respect to taste and odor-producing substances in water.

Particle size, as tested by the wet screen method o No less than 99% of activated carbon shall pass a No. 100 sieve o Not less than 95% through a No. 200 sieve o Not less than 90% through a No. 325 sieve

Absorptive Capacity shall be determined by the use of the standard phenol test or by measurement of the threshold odor reduction in the water to be treated. o Iodine number shall not be less than 500. o Phenol value shall not exceed 3.5. The powdered activated carbon must be bituminous or

lignite coal-based for potable water application.


A certificate of analysis shall be submitted for each bulk powdered activated carbon delivery to the Customer, and when a significant change occurs in the Contractor's manufacturing process. This report shall contain the following: Moisture Content, Density, Absorptive Capacity, Particle Size Distribution.

6.7 Chlorine

AWWA Standard: B301 Unit of Measure: Pound, cylinder (150#), ton, cylinder (ton) Container Size: Cylinder (150#), railcar Container Specifications: Chlorine cylinders shall be seamless with a capacity of 150 lb. and shall be

approved by the Federal DOT. All cylinders, including valves, shall be inspected and purged of all dirt, and / or other foreign materials prior to refilling. Defective cylinders shall not be used for refilling and all cylinders shall have steel valve protection hoods. All cylinders shall be stamped with the appropriate identification information, hydrostatic test dates, and proper warning labels as required by the Federal Department of Transportation and the Bureau of Explosives.

Container Maintenance - The Contractor shall be responsible for the proper maintenance of chlorine

cylinders in compliance with 49 Code of Federal Regulation 170. Defective cylinders, including valves, shall immediately be repaired and / or replaced as requested by the ordering agency.

Capacity - Containers shall be filled to rated capacity. The weight of chlorine supplied in each

container shall be the difference between the filled weight and the unfilled tare weight of the container.

Delivery Specifications: Timing as specified by Customer. Delivery shall be by truck or railroad tank

car, with power operated crane lift or power operated lift gate, to Customer-specified locations at Customer-specified times. The cylinders will be off-loaded and placed in position by Contractor in designated areas in safe and orderly manner. Customer‟s personnel will make all connections and disconnections between cylinders and manifold. Lead washers will be provided upon request.

The chlorine shall be packaged and transported to the destination in accordance with Federal DOT

regulations with Proper Shipping Name (PSN) and DOT Classification Chlorine, Class 2.3, UN 1017, Poison – Inhalation Hazard Zone B. If requested, Contractor shall provide railroad tank cars for a period of 90 days, minimum, from date of arrival at Customer locations for unloading of the Liquid Chlorine, at no additional cost.

Contractor shall supply an affidavit, signed by a corporate designated official, certifying that the Liquid

Chlorine furnished by the Contractor, at the time of container loading, complies with all applicable requirements of this specification.

Technical Specifications: The compressed liquid chlorine shall be typical of commerce and contain no products that would

interfere with gas chlorination. Chemical exists in gaseous form at atmospheric pressure. Product must be approved for use in potable water under Rule 555.325 of the Florida Administrative Code. The product shall conform to the following specifications:

99.9% pure as Cl2

Chlorine: 99.5% by weight min.

Moisture: 0.015% by weight max.

Residue: 0.015% by weight max.

70 F at 14.7 psia

Specific Gravity: 1.4 at 15.4 C

pH: 5.5 (0.7% sol.) at 23 C

Boiling point: -29.3 F (-34.05 C)

Freezing point: -150 F (-101.1 C)

Vapor density: 2.48

Color (gas): green-yellow

Color (liquid): amber


Odor: pungent, irritating

The sum of all heavy metals presents in the product shall not exceed 30 mg/L (0.003%) expressed as Lead.

Mercury shall not exceed 1 mg/L (0.0001%) reported as Mercury.

Arsenic shall not exceed 3 mg/L (0.0003%) reported as Metallic Arsenic.

Total non-volatile residue shall not exceed 50 mg/L (0.005%) by weight in Liquid Chlorine as loaded by the manufacturer into tank cars or Chlorine tank trucks and shall not exceed 150 mg/L (0.015%) by weight in Liquid Chlorine as loaded into containers.

Carbon tetrachloride shall not exceed 100 mg/L (0.010%) in the Liquid Chlorine supplied.

Trihalomethanes (THM) shall not exceed 300 mg/L (0.030%). Quality evaluation and price adjustment will be based on the available percentage of chlorine at the

time of delivery. The latest publication of the following documents shall apply:

OSHA, 29 CFR 1910 Subpart H – Hazardous Materials

OSHA, 29 CFR 1910 Subpart C - Adoption and Extension of Established Federal Standards

FDA, 21 CFR Parts 210 – Food & Drugs, and 211 – Current Good Manufacturing Practice for Finished Pharmaceuticals

DOT, 49 CFR – Transportation

Compressed Gas Association (CGA) Standards and Recommendations

National Fire Protection Association (NFPA) Codes and Standards. 6.8 Copper Sulfate Pentahydrate

AWWA Standard: B602 Unit of Measure: Pound Container Size: Bag (50#), bag (100#) Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: Product shall be Commercial Grade, containing at least 99% CuSO4∙5H2O. The physical composition shall be blue, about 1” sized crystals. Product shall be AWWA Size B, meaning not more than 2% of this material shall be retained on a No. 3 US Standard Sieve; not less than 90% shall be retained on a No. 10 US Standard Sieve; and not more than 2% shall pass a No. 100 US Standard Sieve. The copper content shall not be less than 25.0%. The insoluble matter shall not exceed 9.5%.

6.9 Ferric Chloride, Liquid

AWWA Standard: B407 Unit of Measure: Pound, gallon Container Size: Drum (55 gal) Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The product shall conform to the following specifications:

Chemical Formula: FeCl3

Ferric Chloride Content: 40% by weight min.

Specific Gravity: 1.3 to 1.5

Free acid, expressed as HCl, shall not exceed 1%.

Not more than 2.5% of the total iron shall be in the ferrous state.

The liquid ferric chloride shall not contain more than 0.2% total insoluble matter by weight.

The liquid ferric chloride shall be free from contaminating substances which could interfere with normal operation of Customer facilities by causing clogging or blockage of feed lines, valves, strainers, or measuring devices.


Certificate of Analysis - A certificate of analysis from a certified laboratory shall be submitted for each liquid ferric chloride delivery. This report shall contain the following: date of manufacture; date of delivery; specific gravity; total insoluble matter, percent by weight; ferric chloride (FeCl3) percent by weight; ferrous chloride (FeCl2) percent by weight; percent of free acid, expressed as HCl. Customer may require one sealed 200 mL sample of the delivered product to be provided by the Contractor at the time of each delivery. In order to ensure these samples are representative of the chemicals being delivered, the samples shall be drawn from the same lot as the bulk chemical being delivered.

6.10 Ferric Sulfate

AWWA Standard: B406 Unit of Measure: Gallon, ton Container Size: Bag (50#), bag (100#), drum, tote Container Specifications: As specified by Customer Delivery Specifications: Delivery may be required within 24 hours of the placement of an order or as

specified by Customer. If requested by the Customer, delivery shall be by tank car. In case of an emergency, declared either by Contractor, State, or Customer personnel, deliveries may be made by railcar. Railcar shall not be the normal method of delivery. If requested by the Customer, Contractor must provide a period of 90 days to unload a railcar without additional cost or demurrage charges. The Liquid Ferric Sulfate shall be transported and delivered at such concentration and temperature that no freezing occurs.

Technical Specifications: The Liquid Ferric Sulfate shall be supplied as an aqueous solution containing not less than 12.5%

ferric iron and not more than 14.0% ferric iron, all soluble. The Liquid Ferric Sulfate shall be manufactured from a source of virgin mined iron ore (i.e.,

magnetite, hematite) and a “water white” grade of sulfuric acid. Ferric sulfate produced from non-virgin ores will not be acceptable. This specification strictly prohibits the use of Liquid Ferric Sulfate manufactured from by-products generated from titanium dioxide production. The use of reclaimed material is expressly prohibited under this specification. The Liquid Ferric Sulfate shall be free from extraneous material. The liquid shall be suitable for feeding by means of metering pumps or other metering devices constructed of corrosion-resistant materials.

The Liquid Ferric Sulfate shall have the following chemical properties:

The product shall contain no additives or detergents

Ferrous Iron: 0.1% max

Free Acid (as % H2SO4): 0.25% max

% Insoluble: 0.1% max

The Liquid Ferric Sulfate shall not contain specific impurities in excess of the following limits (by weight): o Antimony: 1.0 mg/kg o Arsenic: 1 mg/kg o Barium: 6 mg/kg o Beryllium: 1.0 mg/kg o Cadmium: 0.5 mg/kg o Chloride: 100 mg/kg o Chromium: 5 mg/kg o Copper: 5 mg/kg o Cyanide: 1.0 mg/kg o Fluoride: 60 mg/kg o Lead: 1.0 mg/kg o Manganese: 90 mg/kg o Mercury: 0.2 mg/kg


o Molybdenum: 10 mg/kg o Nickel: 40 mg/kg o Nitrates (as N): 75 mg/kg o Nitrites (as N): 75 mg/kg o Nitrate and Nitrite, Total (as N): 150 mg/kg o Organic Carbon, Total: 15 mg/kg o Selenium: 2 mg/kg o Silver: 5 mg/kg o Sodium: 1000 mg/kg o Titanium: 50 mg/kg o Thallium: 10.0 mg/kg o Zinc: 10 mg/kg

The Liquid Ferric Sulfate material, as supplied under this contract, shall not contain any impurities in sufficient quantities which causes or may cause a violation of any current, existing maximum contaminant level (MCL) or any newly regulated MCL which may be passed into law during the life of this contract. Should an MCL violation be determined to be directly attributable to the Liquid Ferric Sulfate material supplied for use by the State, the Contractor shall immediately take the necessary steps to remove or reduce the contaminant levels of its material to levels satisfactory to the State. The State reserves the right to add specific impurity listing and maximum impurity levels to the existing listings to meet all USEPA, SDWA, and FDEP water quality standards. The Contractor shall comply with any and all such changes required to its Liquid Ferric Sulfate material, by whatever process changes required, at no additional cost to the State.

6.11 Fluorosilicic Acid

AWWA Standard: B703 Unit of Measure: Pound, gallon, ton Container Size: Drum (55 gal) Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The product shall conform to the following specifications:

Physical State: Aqueous Solution, Commercial Strength

Fluorosilicic Acid (H2SiF6): 23.0% by weight min.

The Fluorosilicic Acid supplied under these specifications shall be clean and free of visible suspended matter.

Arsenic (As): 0.025% by weight max.

Antimony (Sb): 0.025% by weight max.

Heavy Metals (mercury, lead, bismuth, copper): 0.02% by weight max.

Iodine (I): 0.025% by weight max.

Molecular Weight: 144.08

pH of 1% solution: 1.2

Density of 1% solution: 10.29 lb/gal

Boiling Point: 105.8 C

Color: Water white to straw yellow. Straw yellow color shall be determined as material with a maximum of 100 units in accordance with method 2120B, visual comparison method, as indicated in Standard Methods for Examination of Water and Wastewater.

6.12 Lime

The following types of lime are included in this solicitation: Hydrated Lime and Quicklime.

6.12.1 Hydrated Lime AWWA Standard: B202 Unit of Measure: Pound, ton Container Size: Bag (50#), ton


Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The product shall conform to the following specifications:

Shall contain not less than 90.0% Ca(OH)2 (equivalent to 68% available CaO content)

Available calcium hydroxide Ca(OH)2: 95.0% - 98.5%, equivalent to calcium oxide CaCO 72.0% - 74.5%

Shall disperse properly to provide satisfactory treatment or softening of public water supplies

White, dry, finely powdered and free from lumps and any foreign material which may interfere with the operation of conveying and dryfeed equipment

Specific Gravity: 2.3-2.4

Specific Heat: 0.30

Solubility: 0.07 at 100 C

Settling Rate: 2.67 mm per minute

Light Reflection (for color): 91.5% of 100% white

Bulk Density: 28-30 lb/ft3

Basicity Factor: 0.736-0.74

Fineness o Passing 400 mesh screen: 98.9% o Passing 200 mesh screen: 99.6%

Magnesium Hydroxide Mg(OH)2: 0.26%

Calcium Sulfate CaSO4: 0.02%

Calcium Carbonate CaCO3: 1.50%-2.3%

Silicon Dioxide SiO2: 0.60%

Ferric Oxide Fe2O3: 0.05%

Aluminum Oxide Al2O3: 0.24%

Sulfur Trioxide SO3: 0.01%

Carbon Dioxide CO2: 0.70%

Mechanical Moisture H2O: 0.60%

Chemically Combined Water H2O: 23.43%

Arsenic: 0-1 ppm

Fluorine: 40-70 ppm

Lead: 1-5 ppm 6.12.2 Quicklime

AWWA Standard: B202 Unit of Measure: Pound, ton Container Size: Bag (50#), ton Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications:

Type 1: Pebble lime, bulk must be in accordance with Standard American Water Works Specifications B-202-02. The following requirements and testing procedures are applicable. o Slaking Rate: Minimum temperature rise after three (3) minutes slaking time shall be 40 C. o Calcium Oxide (CaO) Content: Shall contain a minimum of 92% free lime. o Residue After Slaking: Residue shall not be more than 2% by weight on 100 mesh sieve. o Sampling Procedure

Approximately 10 pounds of lime shall be taken by random sampling during the time that each shipment is being unloaded. Material is to be immediately placed in airtight containers to minimize contact with air. This ten-pound sample shall be used for testing.

The sample will be quartered and each of the four (4) quarters shall be placed in airtight containers. One quarter (1/4) will be used by the Customer‟s laboratory for analysis. Two quarters


(2/4) will be set aside for use by the Contractor and a referee laboratory in the event of a dispute. Customer will use the final quarter in the event of a dispute. o Testing Procedures

Slaking Rate: As covered in AWWA Specifications, B-202-02, Section 5.4. Calcium Oxide: As covered in AWWA Specifications, B-202-02, Section 5.3.2. Residue After Slaking: As covered in AWWA Specifications, B-202-02, Section 5.5.

o Two Pebble Sizes Required (Customer to specify) Pebble size shall be between 1/8" and 3/8". Pebble size shall be between 3/8" and 1/2".

Type 2: Hi-Cal, Granular lime, bulk. The following requirements and testing procedures are applicable. o Reactivity per ASTM C-110: 30 Second Reactivity: 20 C average. Three (3) minute reactivity:

shall be 40 C. o Calcium Oxide (CaO) Content: Shall contain a minimum of 92% free lime total, and a

minimum of 87% available CaO, per ASTM C-25 method. o Sizing: Granular product U.S. sieve size 0” x 1/8”. Bulk density average of 63 lb. per cubic

foot.

6.13 Methanol, Liquid AWWA Standard: In lieu of AWWA Standard, reference ASTM Standard D1152 Unit of Measure: Gallon Container Size: Truck, railcar Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: Virgin Methanol or Reclaimed Methanol is an acceptable product for this contract, provided the

technical requirements are met for either product as specified below. The chemical formula for methanol is CH3OH.

Virgin Methanol (shall meet ASTM D1152-97 Methyl Alcohol)

Molecular Weight: 32.04

Appearance: Colorless liquid

Odor: None to slightly acidic

% Methanol: 99.85% by weight

Weight: 6.63 lbs/gal at 60 F

Boiling Point: 760mm Hg 64.5 F ± 0.10 C

Vapor Density (air = 1): 1.11

Water Solubility: Miscible

Viscosity: 0.614 cps at 20 C

% Water: 0.10% by weight max. Reclaimed Methanol

Methanol: 95.0% by weight min.

Appearance: Clear liquid, free of suspended matter and sediment

Odor: Slight

% Water: 4.5% by weight max.

Specific Gravity: 0.794-0.824

Acetone and Aldehydes: 0.003% max.

Acetone: 0.003% max.

Ethanol: 1.0% max.

Ethylene Glycol: 0.75% max.

Acidity (as Acetic Acid): 0.003% max. 6.14 Oxygen, Liquid


AWWA Standard: B304 Unit of Measure: Cubic foot, ton Container Size: Tank truck Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The product shall conform to the following specifications:

Oxygen Content: 97% by volume min.; 99.5% by volume max.

Nitrogen: > 5,000 ppm

Water vapor: < 4 ppm

Hydrocarbons: < 20 ppm

Dewpoint: -80 F max. 6.15 Potassium Permanganate

AWWA Standard: B603 Unit of Measure: Pound Container Size: Drum (55#), drum (300#), drum (110 gal) Container Specifications: Drums should be DOT authorized Delivery Specifications: As specified by Customer Technical Specifications: The product shall conform to the following specifications:

Contain not less than 97% by weight KMnO4 for the technical grade. Not less than 95% by weight for the free flowing grade.

State: Solid

Color: Purple to grayish hue

Molecular Weight: 158

Melting Point: 240 C

Density: 2.703 g/mL

Be of a particle size at the time of packaging similar to that specified for the free flowing grade.

Not form lumps that cannot be broken easily and shall have no other characteristics that could prevent its use in dry type feeders. The pour test index shall be 0.7 or greater.

Be of a size such that no more than 15% by weight shall pass through a US Standard number 200 sieve and no more than 20% by weight may be retained on a US Standard number 40 sieve.

Be suitable for use in taste and odor control of potable waters and for algae control of cooling towers.

6.16 Soda Ash

AWWA Standard: B201 Unit of Measure: Ton Container Size: Bag (50#) Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The product shall conform to the following specifications:

Shall be suitable for use in the softening of a potable water supply.

Shall be Anhydrous Normal Sodium Carbonate.

Dry white powder containing no large lumps or crystals, suitable for storage in closed hopper bins, and for feeding in dry feeding machines.


Material as delivered shall contain not less than 99% by weight Sodium Carbonate, of which not less than 58% shall be in the form of Sodium Oxide. Insoluble matter shall not exceed 0.05%.

6.17 Sodium Aluminate

AWWA Standard: B405 Unit of Measure: Pound Container Size: As specified by Customer Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The chemical shall be a minimum of 32% Na2Al2O4 in liquid form. Dry aluminate is not acceptable.

Alum (Al2(SO4)3) is not acceptable. This product must meet these minimum requirements:

Al2O3: 19.9%

Na2O: 18.3%

Na2Al2O4: 32.0%

Weight: 12.1 lb/gal Products whose specifications exceed these minimums will be considered, but award will not be

based on price per pound of Na2Al2O4 or other components. Rather, the contract will be awarded to the Contractor(s) whose product meets or exceeds these minimum specifications and who offer competitive delivered price per wet pounds.

Product must be easily pumped at Florida ambient temperatures (50-95 F) and must be mixable in

water for easy dilution of 10:1 dilution ratio. Product must be manufactured in such a way that it remains stable in its neat (diluted) form without

decomposing, and / or precipitating in a storage tank for a 90 day period.

6.18 Sodium Hexametaphosphate AWWA Standard: B502 Unit of Measure: Pound Container Size: Bag (50#) Container Specifications: As specified by Customer Delivery Specifications: Timing as specified by Customer. Product must be shipped in paper or any

moisture proof multiwall bags each containing 50 pounds net weight of the material. The net weight of the packages shall not deviate from the recorded weight by more than 1.0%. Each shipment shall carry some means of identification. Each package shall be marked legibly with the name of the manufacturer, the name of the material and the brand name, if any, the percent of in P2O5 in the material, and net weight of the material contained.

Technical Specifications: The chemical shall be readily supplied in a granular (fine) physical form phosphate, uniform in

composition, and produced by combining sodium oxide and phosphoric acid in a relative ratio of 1.00 – 1.20 to 1.00. Powder is not acceptable. The product shall conform to the following specifications:

Shall be in free-flowing condition when packages are opened on receipt of shipment.

Not less than 95% of the material shall pass through 10 mesh, nor more than 20% through 100 mesh.

Shall be readily soluble at any temperature in the range 50 – 100 F when mixed in a ratio of one part to four parts distilled water.

Water-insoluble matter in the material shall not exceed 0.1% by weight.

Product shall contain not less than 67% phosphate pentoxide (P2O5), on an ignited basis. The total assay of sodium oxide (Na2O) and phosphate pentoxide (P2O5) shall not be less than 98.0%.


The pH of a 1% solution of “unadjusted” sodium hexametaphosphate shall be in the range of 6.7 – 7.3.

6.19 Sodium Hydroxide (Caustic Soda)

The following types of sodium hydroxide (caustic soda) are included in this solicitation: 50% and 25%.

6.19.1 Sodium Hydroxide (Caustic Soda) – 50% AWWA Standard: B501 Unit of Measure: Pound, gallon, ton, dry ton Container Size: 5 gal, 13 gal, drum (55 gal), tote, bulk Container Specifications: As specified by Customer Delivery Specifications: Timing as specified by Customer. If requested, Contractor shall be

responsible for pumping Liquid Caustic Soda into Customer's storage tanks and shall provide all necessary hoses, fittings, pumps, etc., required to efficiently off load the Liquid Caustic Soda into designated storage tanks. Contractor shall be responsible for ascertaining the correct storage tanks and fill point locations to prevent accidental discharge of product into wrong storage tank(s). Each delivery truck shall be in A-1 mechanical condition conforming to ICC Spec. MC-310 and MC-311 for Sodium Hydroxide.


Chemical Formula: NaOH, Aqueous Solution

Commercial Grade, approved for use in potable water under Rule 555.325 of the Florida Administrative Code.

49% to 51% solution as measured by titration and / or specific gravity.

Appearance: Colorless to slightly colored

Odor: No odor or faint odor

Water: Balance

Iron Content: 20 ppm max.

Boiling Point: 144 C at 760mm Hg

Freezing Point: 12 C at 760mm Hg


Completely soluble in water; odorless.

Consistent with 50 degree Baume grade as determined by chemical analysis. Contractor shall supply an affidavit, signed by a corporate designated official, certifying that the Liquid Caustic Soda furnished by the Contractor complies with all applicable requirements of this specification.

Contractor shall furnish Customer minimum percentage and average percentage of NaOH, specific gravity at 60 F, product weight (pounds per gallon), iron as Fe ppm prior to shipment. Contractor shall furnish Customer with certified laboratory test to substantiate minimum and average figures, along with a typical analysis of the sodium hydroxide product offered listing all impurities prior to shipment.

Should be kept above 50 F to prevent crystallization. 6.19.2 Sodium Hydroxide (Caustic Soda) – 25%

AWWA Standard: B501 Unit of Measure: Gallon, ton Container Size: 5 gal, 15 gal, drum (55 gal), tote, bulk Container Specifications: As specified by Customer Delivery Specifications: As specified by Customer Technical Specifications: The product shall conform to the following specifications:

Chemical Formula: NaOH, Aqueous Solution


Commercial Grade approved for use in potable water under Rule 555.325 of the Florida Administrative Code.

Boiling Point: 116 C at 760mm Hg

Freezing Point: -16 C at 760mm Hg


Completely soluble in water

Odor: Odorless

Iron Content: 20 ppm max.

Contractor shall furnish Customer minimum percentage and average percentage of NaOH, specific gravity at 60 F, product weight (pounds per gallon), iron as Fe ppm prior to shipment. Contractor shall furnish Customer with certified laboratory test to substantiate minimum and average figures, along with a typical analysis of the sodium hydroxide product offered listing all impurities prior to shipment.

Suitable for use in the production of potable water. 6.20 Sodium Hypochlorite

AWWA Standard: B301 Unit of Measure: Gallon Container Size: 1 gal, 5 gal, drum (55 gal), tote, tank Container Specifications: As specified by Customer Delivery Specifications: The delivery time of the shipment shall not exceed 72 hours from the time of

manufacture of the liquid sodium hypochlorite. If requested, Customers with remote pump stations require bulk delivery, tank container size.


Sodium Hypochlorite (NaOCl) – 12.5 Trade Percent Bulk Deliveries o Description: All sodium hypochlorite supplied under this contract shall be tested and certified

as meeting the Specifications and AWWA, NSF / ANSI standards. o It is the responsibility of the Contractor to inform the Customer that NSF or UL certification

has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the contract between the Customer and Contractor.

o Physical Properties: Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 120 Grams per Liter (GPL) available chlorine equivalent (a.k.a., 12.0 Trade Percent Available Chlorine) and shall be consistent as determined by chemical analysis.

o Product shall be a clear straw colored liquid with no visible cloudiness, impurities, or sediment.

o Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.40 weight percent sodium hydroxide.

o Liquid sodium hypochlorite delivered under this contract shall meet the following containment concentration limits: Iron < 0.3 mg/L Copper < 0.03 mg/L Nickel < 0.03 mg/L Chlorate < 2,000 mg/L Bromate ≤ 20 mg/L

o The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1000 mL when applying the “Suspended Solids Quality Test for Bleach Using the Vacuum Filtration” Method co-developed by Dr. Bernard Bubnis of NovaChem and previously referenced in this Specification.

Sodium Hypochlorite (NaOCl) – 12.5 Trade Percent Non-Tanker Deliveries


o Description: All sodium hypochlorite supplied under this contract shall be tested and certified as meeting the Specifications and AWWA, NSF / ANSI standards.

o It is the responsibility of the Contractor to inform the Customer that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the contract between the Customer and Contractor.

o Physical Properties: Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 100 Grams per Liter (GPL) available chlorine equivalent (a.k.a., 10.0 Trade Percent Available Chlorine) and shall be consistent as determined by chemical analysis.

o Product shall be a clear straw colored liquid with no visible cloudiness, impurities, or sediment.

o The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1000 mL when applying the “Suspended Solids Quality Test for Bleach Using the Vacuum Filtration” Method co-developed by Dr. Bernard Bubnis of NovaChem and previously referenced in this Specification.

6.21 Solar Salt

AWWA Standard: B200 Unit of Measure: Ton Container Size: Pneumatic tanker truck Container Specifications: As specified by Customer Delivery Specifications: Timing as specified by Customer. All bulk shipments shall be accompanied by certified weight tickets. Delivery shall be made using pneumatic tanker truck only. Contractor shall be responsible for pneumatically off-loading via a hose connection to a 4” aluminum CAM lock male fitting. Technical Specifications: Solar Salt, a form of sodium chloride (NaCl), shall contain no organic binders, flow control agents, or resin cleaning materials, and shall meet or exceed the following specifications (as ppm [mg/kg] weight):

NaCl, on a dry basis: 96.3 – 98%

NaCl, on a wet basis: 93.3% min.

Calcium sulfate: 0.30% max.

Magnesium chloride: 0.06% max.

Calcium chloride: 0.10% max.

Magnesium sulfate: 0.02% max.

Insolubles: 0.1% max.

Moisture (as H20): 3.0% max.

Lead: 0.0007% max.

Copper: 0.0003% max.

Iron (as Fe): 0.002% max.

Total impurities (soluble and insoluble): 2.0% max. Product shall be homogeneous and in a crystalline granular form. Product shall be white in color. Salt products shall be acceptable for use in the electrochlorination process for on-site hypochlorite generators as well as softener resin regeneration.

6.22 Sulfur Dioxide

AWWA Standard: B512 Unit of Measure: Ton, cylinder (ton) Container Size: Drum (150#), cylinder (ton) Container Specifications: Sulfur dioxide cylinders shall be seamless with a capacity of 150 lb. and

shall be approved by the Federal DOT. All cylinders, including valves, shall be inspected and purged of all dirt, and / or other foreign materials prior to refilling. Defective cylinders shall not be


used for refilling and all cylinders shall have steel valve protection hoods. All cylinders shall be stamped with the appropriate identification information, hydrostatic test dates, and proper warning labels as required by the Federal DOT and the Bureau of Explosives. Container Maintenance - The Contractor shall be responsible for the proper maintenance of sulfur dioxide cylinders in compliance with 49 Code of Federal Regulation 170. Defective cylinders, including valves, shall immediately be repaired and / or replaced as requested by the ordering agency. Capacity - Containers shall be filled to rated capacity. The weight of sulfur dioxide supplied in each container shall be the difference between the filled weight and the unfilled tare weight of the container.

Delivery Specifications: As specified by Customer

Packaging / Packing - The sulfur dioxide shall be packaged and transported to the destination in accordance with Federal DOT regulations with Proper Shipping Name (PSN) and DOT Classification Sulfur Dioxide, Liquefied, Class 2.3, UN 1079, Poison – Inhalation Hazard Zone C.


Chemical Formula: SO2

Formula Weight: 64.07

Physical State: Colorless, compressed liquefied gas

Odor: Suffocating, pungent


Vapor Density: 2.26

Boiling Point: 10 C

Melting Point: 75.5 C

Water Solubility of Gas: 11g/100g water

Minimum Assay: 99.98%

Moisture Content: 100 ppm max. 6.23 Sulfuric Acid

AWWA Standard: In lieu of AWWA Standard, reference ASTM Standard E223 Unit of Measure: Pound, ton Container Size: 1 gal, 5 gal, 13.5 gal, drum (55 gal), tote, tank truck Container Specifications: As specified by Customer Delivery Specifications: Timing as specified by Customer. Each delivery truck shall be in A-1

mechanical condition conforming to ICC Spec. MC-310 and MC-311 for Sulfuric Acid. If requested, emergency delivery will be available within 5 hours. The Sulfuric Acid shall be transported and delivered at a concentration and temperature, such that no freezing shall occur.


Chemical Formula: H2SO4, Commercial Grade approved for use in potable water under Rule 555.325 of the Florida Administrative Code.

Content: 93-98% by weight


Boiling Point: 535-586 F

Volatility: 0% at 77 F

pH (1% solution): +1.0

Color (APHA): 50

Turbidity (APHA): 60


Appearance: Clear, water white to light yellow

Odor: Odorless

The Sulfuric Acid shall be free from extraneous material. The chemical shall not contain specific impurities in excess of the following limits (by weight): o Antimony (Sb): 1.0 mg/L o Arsenic: 0.5 mg/L o Chlorine: 50.0 mg/L o Copper: 1.0 mg/L o Iron: 50.0 mg/L o Lead: 1.0 mg/L o Nickel: 1.0 mg/L o Nitrates: 5.0 mg/L o Sulfurous Acid (SO2): 40.0 mg/L o Zinc: 5.0 mg/L

Shall be suitable for feeding by means of metering pumps or other metering devices constructed of corrosion resistant materials.

A certified analysis of each shipment will include percent (by weight) H2SO4 content, iron (not to exceed 15 ppm), arsenic, lead, barium, cadmium, chromium, copper, cyanide, magnesium, mercury, selenium, silver, and zinc contents.

6.24 Balance of Line

Upon Contract award, the Contractor may be required to submit technical specifications for specific items not listed herein using the below format and gain approval from the Department and Customer prior to use.

AWWA Standard

Unit of Measure

Container Size

Container Specifications

Delivery Specifications

Technical Specifications



SECTION 7.0

RESPONSE AND EVALUATION

THIS SECTION OUTLINES THE COMPONENTS REQUIRED FOR THE RESPONDENT’S RESPONSE. THIS SECTION ALSO IDENTIFIES THE CORRESPONDING SECTIONS IN THE MFMP SOURCING

TOOL IDENTIFIED IN PARENTHESIS ().

7.1 (1.0) CONTACT INFORMATION

7.2 (2.0) ITB DOCUMENTS AND ATTACHMENTS

7.3 (3.0) RESPONDENT MAIN POINT OF CONTACT

7.4 (4.0) QUALIFICATION QUESTIONS

7.5 (5.0) REGIONAL COVERAGE

7.6 (6.0) PRICING RESPONSE

7.7 (7.0) REQUIRED FORMS AND ADDITIONAL INFORMATION

7.8 (8.0) NOTICES, ADDENDA, AND AMENDMENTS

7.9 EVALUATION AND AWARD


7.1 (1.0) Contact Information This section of the MFMP Sourcing Tool displays contact information for the DMS Procurement Officer for this solicitation.

7.2 (2.0) ITB Documents and Attachments

This section of the MFMP Sourcing Tool contains an electronic version of the ITB document and attachments.

7.3 (3.0) Respondent Main Point of Contact

Respondent will fill out main contact information in this section of the MFMP Sourcing Tool. 7.4 (4.0) Qualification Questions

Respondents shall submit Yes / No answers to each mandatory question within the MFMP Sourcing Tool. All of the submitted Responses to the qualification questions in the MFMP Sourcing Tool will be reviewed by the Procurement Officer. Respondents that answer “No” to any of the mandatory requirements will be considered non-responsible to fulfill the requirements of the solicitation. Respondents that answer “Yes” to all of the mandatory requirements may be considered responsible and their Pricing Response will be evaluated. Applicants should use care and integrity in preparing their Responses to the qualification questions, since these are mandatory requirements.

Qualification Questions

Q1. Do you agree to provide delivery, F.O.B. Destination Freight Prepaid, to all Customer-specified locations within your awarded region(s) for all orders that exceed the minimum order amount of one hundred fifty dollars ($150.00)?

Q2. Do you agree to maintain the following service level agreements measured on a monthly basis?

Delivery Timing: Maintain on-time delivery rate of 95% or greater. On-time delivery will be defined as delivery of order within Customer-specified delivery lead time, not to exceed thirty (30) calendar days. This Delivery Timing service level agreement supersedes Section 4.11 Transportation and Delivery of the General Conditions

Order Accuracy: Maintain order accuracy rate of 98% or greater. Order Accuracy rate is defined as the number of items delivered as ordered divided by the total number of items ordered

Order Completeness / Fill: Provide order fill rate of 95% or greater. Order Fill rate is defined as the number of items on an order filled completely as ordered divided by the total number of lines on an order

Q3. Do you agree to provide the Department‟s Contract Manager with monthly Microsoft Excel compatible reports that include the following metrics for all purchases made on the awarded contract, including monthly, year-to-date, and contract-to-date?

On-Time Delivery Rate: Number of orders delivered complete within the Customer-specified delivery lead time, not to exceed thirty (30) calendar days, divided by total number of orders delivered

Order Accuracy Rate: Number of orders with order accuracy rate of more than 98% divided by total number of orders

Order Fill Rate: Number of orders with order fill rate of more than 95% divided by total number of orders

Q4. Do you agree to provide a primary Designated Contact Point for each Customer (NOTE: contact point may support multiple Customers)?

Q5. Do you agree to provide customer service representatives and technical resources by phone (toll-free), fax, and email to handle all orders and mitigate order-related technical issues from 8:00 AM to 5:00 PM Eastern Time, Monday through Friday, excluding State of Florida holidays as listed on http://dms.myflorida.com/human_resource_support/human_resource_management/for_job_applicants?

Q6. Do you agree to provide packaging labels on the outside of each package shipped that contain the labeling requirements of Section 5.15?

Q7. Do you agree to provide MSDS sheets for all shipments, per Section 5.16?

Q8. Do you agree to provide training at no additional cost to all Customers of the awarded contract on all aspects of hazardous material handling twice per year throughout the term of the Contract?

Q9. Do you agree within 30 days of contract award to provide a marketing plan for notifying Customers of the new contract and to collaborate with the Department throughout the contract to expand use by Eligible Users of the contract?

http://dms.myflorida.com/human_resource_support/human_resource_management/for_job_applicants


Qualification Questions

Q10. Do you agree to maintain a disaster recovery plan to manage continuity of supply issues and provide the Department with a detailed report of your company‟s disaster recovery plan within 30 days of contract award?

Q11. Do you agree to offer a program to manage recycling / disposal of used containers, packaging, and chemicals program in compliance with all federal, state, and local regulations?

Q12. Do your two (2) Reference Check Forms meet or exceed an average score of three (3) out of five (5) for the questions rated by customers asked to complete this form?

Q13. Is your SQR Risk Score between one (1) and seven (7)?

Q14. Are you the product manufacturer or an authorized distributor / dealer of the product manufacturer(s), as evidenced by a current year certified letter from the product manufacturer(s)?

Q15. Do you agree to accept and adhere to all of the Terms and Conditions of this solicitation?

7.5 (5.0) Regional Coverage

In this section, Respondents shall indicate their regional coverage by answering the following questions.

7.5.1 (5.1) To which of the following region(s) do you supply water treatment chemicals? Please see the link for details of the regions and associated counties, also found in Attachment I - Regional Map: Florida Regional Map.

7.5.2 (5.2)

Indicate any exceptions to your regional coverage listed in Section 5.1. 7.6 (6.0) Pricing Response

Respondents will submit their Pricing Response in the MFMP Sourcing Tool. Per Section 3.1.2, the Pricing Response includes 47 items, covering 22 chemicals to be purchased in various units of measure (UOM). To submit pricing for items 1-6, the Respondent shall list the Product Cost per UOM for each chemical. The Respondent shall also indicate the Transportation Cost per UOM for delivery to each region. The sum total of the Product Cost per UOM and the Transportation Cost per UOM for items 1-6 will be used to calculate the lowest priced bid(s) for these items. Note: For any region(s) in which the Respondent is not bidding, the Respondent shall leave the Transportation Cost per UOM field blank. To submit pricing for items 7-47 (which include 19 chemicals and UOM considered to be in the scope of this solicitation), the Respondent shall list Total Delivered Price per UOM. Total Delivered Price per UOM should reflect the total price per UOM to be charged to the Customer. Product cost and costs associated with transporting the product to Customer-specified location(s) should be included in the Total Delivered Price per UOM. Note: For any chemical(s) the Respondent is not bidding, the Respondent shall enter a "0" value in the Total Delivered Price per UOM field. The Department has provided the Annual Estimated Volumes by UOM in the Description field for items 1-47 for reference only (click on the chemical name to view the Annual Estimated Volumes by UOM). The listed quantities are based on data collected from a representative sample of Eligible Users of the contract. These volumes are given only as a guideline for preparing an offer and should not be construed as representing actual or guaranteed purchases under any new contract.

7.7 (7.0) Required Forms and Additional Information

The Respondent is required to download the forms listed below from the MFMP Sourcing Tool, fill them out and submit the forms with their Response. Respondents are encouraged to add their company name to the name of the file before uploading the final forms to the MFMP Sourcing Tool. If the Respondent does not submit these forms as part of the Response, they may be deemed non-responsive. The required forms to be submitted include:

7.7.1 (7.1) Attachment A – Reference Check Form

http://www.fsawwa.org/displaycommon.cfm?an=1&subarticlenbr=151


The Respondent shall submit two (2) Reference Check Forms using Attachment A – Reference Check Form from two (2) different customers who have received Water Treatment Chemicals from the Respondent within the past three (3) years. References should be from government and / or educational entities with similar estimated annual purchases as specified in Section 1.2 and 1.3 where the Respondent has provided products and services similar to those outlined in this solicitation. Respondents shall download the forms, have their customers fill out the forms completely, and the Respondents shall upload the completed Reference Check Forms into the MFMP Sourcing Tool. Respondent‟s Reference Check Forms shall be required to meet or exceed an average score of three (3) out of five (5) for the questions rated by customers asked to complete the Reference Check Form in order for the Respondent‟s Pricing Response to be evaluated.

7.7.2 (7.2) Attachment B – Supplier Qualifier Report

The Department requires submission of the Respondent‟s Supplier Qualifier Report (SQR) prepared by Dun & Bradstreet (D&B). The SQR is a standard report detailing financial and operational capability.

The Respondent shall request the SQR report from D&B at: https://sor.dnb.com/sor/jsp/forms/SOF.jsp?SORTAG1=JQ37hS4r&SORTAG2=j58Gjk4x

i. Enter the ITB number in the text field entitled “Enter your ITB Number” and select submit. ii. Enter your company‟s DUNS Number. If you don‟t know your company‟s DUNS number, you

may use the search feature to find it. iii. Confirm Registration. iv. Enter payment method and information and complete registration. The cost of the preparation

of the D&B report shall be the responsibility of the Respondent. v. Choose the drop-down box to have the report sent to the Department of Management

Services. Once the process is complete, an electronic copy of the SQR report will be submitted as part of the Respondent‟s Response within the MFMP Sourcing Tool. The Respondent is required to keep a copy of the submitted report and submit the copy with their Response. Since the SQR report shall be a part of the Respondent‟s Response, Respondents are advised to allow sufficient time before the response due date for the D&B processing. Respondents should allow a minimum of 10 business days for D&B to process the report. Respondent‟s SQR Risk Score shall be between one (1) and seven (7) in order for the Respondent‟s Pricing Response to be evaluated. If a D&B SQR report cannot be generated by D&B, the Respondent may be considered non-responsive. However, the Department may request additional financial information from Respondents including, but not limited to, P/L Statements, Balance Sheets, and other corporate financial reports.

7.7.3 (7.3) Attachment C – Certification of Drug-Free Workplace Program 7.7.4 (7.4) Attachment D – Department of State Registration Form / Authority to Do Business in the

State of Florida 7.7.5 (7.5) Attachment E – Ordering Instructions 7.7.6 (7.6) Attachment F – Products and Services Catalog

This MS Excel worksheet contains one instructional tab and three (3) tabs which shall be a part of the Respondent‟s Response in the MFMP Sourcing Tool: Product List, Value-Added Services, and Volume Discounts. All Response tabs shall be reviewed by the Procurement Officer prior to contract award. Tab 1 – Instructions This tab provides instructions for completing the Product List, Value-Added Services, and Volume Discounts tabs. Please read these instructions carefully before entering your responses.

https://sor.dnb.com/sor/jsp/forms/SOF.jsp?SORTAG1=JQ37hS4r&SORTAG2=j58Gjk4x


Tab 2 – Product List Respondents will enter product information for all products for which pricing was submitted in accordance with Section 7.6 (6.0) Pricing Response, as well as any Balance of Line products (see Section 3.12) that the Respondent is willing to offer Eligible Users of this Contract. The pricing offered is a not to exceed price and will be used by Eligible Users to initially assess the competitiveness of your pricing. Tab 3 – Value-Added Services Respondents are encouraged to list and describe value-added services (e.g., vendor-managed inventory, tank rental) that they are willing to offer Eligible Users of this Contract. The pricing offered is a not to exceed price and will be used by Eligible Users to initially assess the competitiveness of your pricing. Tab 4 – Volume Discounts Respondents are encouraged to provide Eligible Users with volume discounts (see Section 3.13) when Contractor‟s total annual sales to all Eligible Users of the contract exceeds the amounts listed in the table included in this tab. Discount amounts entered in this table shall be added to all current products for balance of contract period, including any extensions. Entry of discount amounts in the table is required for a Respondent to be considered responsive. If Respondents are not willing to offer additional discounts, their response should reflect 0% in the required cells.

7.7.7 (7.7) Manufacturer or Manufacturer’s Authorized Representative

In accordance with Section 3.6, manufacturer‟s authorized distributor or dealer must provide a current year letter from the product manufacturer, stating that the Respondent is an authorized distributor / dealer of the product manufacturer. This letter must be signed and on the manufacturer‟s letterhead with the contact person‟s name and phone number. The Respondent must attach an electronic copy with their Response in the MFMP Sourcing Tool.

7.7.8 (7.8) Conflict of Interest

Respondents may use this space to disclose the name of any officer, director, employee or other agent who is also an employee of the State and the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in Respondent‟s company or its affiliates.

7.7.9 (7.9) Attachment J – Attestation of Florida-Based Business Vendors claiming to be a Florida-based business are required to submit the form provided in Attachment J – Attestation of Florida-Based Business.

7.8 (8.0) Notices, Addenda, and Amendments

If Addenda are issued for the ITB, they will be entered below this section in the MFMP Sourcing Tool. 7.9 Evaluation and Award

Respondents that answer “Yes” to all of the Qualification Questions in Section 7.4 (4.0) may be considered responsible, and their Pricing Response will be evaluated. Responsive and responsible Respondent(s) submitting the lowest price in all twelve (12) regions for a particular chemical may be considered for a statewide award. The Department intends to award a contract to the lowest priced responsive and responsible Respondent by each chemical in every one of twelve (12) regions. Attachment I – Regional Map shows the regions covered by this solicitation. Also, a maximum of four (4) additional Respondents for each bid item for each region will be awarded so long as their bid price for such items is within 5% of the lowest bid for the region item. If there are more than four (4) Respondents that bid pricing that is within 5% of the lowest bid for the region item, then the four (4) Respondents that offered the lowest pricing for the item will be awarded and the remaining Respondents will not be awarded. However, responsive and responsible Respondents that are Florida-based businesses with bid pricing that is within 8% of the price of the lowest bid item in a region will also be awarded for that item. Vendors claiming to be a Florida-based business are required to submit the form provided in Attachment J to this ITB – Attestation of Florida-Based Business.


The Department reserves the right to reject pricing that is greater than pricing offered to other potential Customers (e.g., purchasing cooperatives, cities, counties, universities, colleges, or similarly situated states, such as California, New York, and Texas). The Department reserves the right to accept or reject any and all Responses, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State‟s best interest.



SECTION 8.0

ATTACHMENTS

8.1 ATTACHMENT A – REFERENCE CHECK FORM 8.2 ATTACHMENT B – SUPPLIER QUALIFIER REPORT 8.3 ATTACHMENT C – CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM 8.4 ATTACHMENT D – DEPARTMENT OF STATE REGISTRATION FORM / AUTHORITY TO DO

BUSINESS IN THE STATE OF FLORIDA 8.5 ATTACHMENT E – ORDERING INSTRUCTIONS 8.6 ATTACHMENT F – PRODUCTS AND SERVICES CATALOG 8.7 ATTACHMENT G – QUARTERLY REPORT FORM 8.8 ATTACHMENT H – REQUEST FOR QUOTE (RFQ) FORM 8.9 ATTACHMENT I – REGIONAL MAP 8.10 ATTACHMENT J – ATTESTATION OF FLORIDA-BASED BUSINESS


Attachment A Reference Check Form

This reference check will be utilized by the Florida Department of Management Services to evaluate the Respondent‟s response and capability to provide Water Treatment Chemicals in the State of Florida on behalf of state agencies and other eligible users. Please take a moment to let us know how this contractor and products have measured up to your expectations. Directions: Using the rating scale listed below, place a checkmark in the box corresponding with the best response to the information being rated in items 1-8. Please rate every item. 1=Poor 2=Fair 3=Adequate 4=Very Good 5=Excellent PRODUCTS:

Item Number

Evaluation Description 1=Poor 2=Fair 3=Adequate 4=Very Good

5=Excellent

1 Rate how the contractor provided products that meet your needs

2 Rate how the contractor provided products that met the contract specifications

3 Rate how the contractor provided pricing according to the terms of the contract

CONTRACTOR:

Item Number

Evaluation Description 1=Poor 2=Fair 3=Adequate 4=Very Good

5=Excellent

4 Rate the timeliness of delivery

5 Rate the completeness of your order (fill rate)

6 Rate the responsiveness to your inquiries

7 Rate the level of customer service delivered

8 Rate the problem resolution skills of the customer service desk

Customer Signature:

Name & Position Title:

Email Address:

Company Name:

Physical Address:

Contractor Name:

Contractor Start Date with your agency:

Contractor End Date with your agency:


Attachment B Supplier Qualifier Report

Per Section 7.7.2 of the solicitation document: The Respondent shall request the SQR report from D&B at: https://sor.dnb.com/sor/jsp/forms/SOF.jsp?SORTAG1=JQ37hS4r&SORTAG2=j58Gjk4x

i. Enter the ITB number (07-885-000-A) in the text field entitled “Enter your RFP Number” and select submit.

ii. Enter your company‟s DUNS Number. If you don‟t know your company‟s DUNS number, you may use the search feature to find it.

iii. Confirm Registration. iv. Enter payment method and information and complete registration. The cost of the preparation of

the D&B report shall be the responsibility of the Respondent. v. Choose the drop-down box to have the report sent to the Department of Management Services.

Once the process is complete, an electronic copy of the SQR report will be submitted as part of the Respondent‟s Response within the MFMP Sourcing Tool. The Respondent is required to keep a copy of the submitted report and submit the copy with their Response.

https://sor.dnb.com/sor/jsp/forms/SOF.jsp?SORTAG1=JQ37hS4r&SORTAG2=j58Gjk4x


Attachment C Certification of Drug-Free Workplace Program

Section 287.087 of the Florida Statutes provides that, where identical tie bids are received, preference shall be given to a bid received from a bidder that certifies it has implemented a drug-free workforce program. Please sign below and return this form to certify that your business has a drug-free workplace program. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,

possession or use of a controlled substance is prohibited in the workplace and specifying the actions that 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 or contractual services that are under

Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees, as a condition of working on

the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction.

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 company complies fully with the above requirements. False statements are punishable at law.

RESPONDENT‟S NAME: By:

Authorized Signature Print Name and Title (04/02)


Attachment D Department of State Registration Form / Authority to Do Business in the State of Florida The Respondent must be registered to do business in Florida with the Secretary of State and must supply a current Certificate of Good Standing from the Florida Secretary of State‟s office. To access and print the Certificate of Good Standing online, log on to www.sunbiz.org. Choose the link for “Electronic Certification,” and then choose the link for “Certificate of Status.” Respondent may also telephone the Secretary of State‟s office at (850) 245-6053 to request a copy of their Certificate of Status. A copy of the registration must be included with the Respondent„s reply in the MFMP Sourcing Tool.


Attachment E Ordering Instructions

RESPONDENT:

VENDOR FEIN NUMBER:

Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number:

Name:

Title:

Street Address:

E-mail Address:

Phone Number(s):

Fax Number:

If the person responsible for answering questions about the Response is different from the person identified above, please provide the same information for that person.

Name:

Title:

E-mail Address:

Phone Number(s):

Fax Number:

Ordering Information:

Please provide the following information about where Customers should direct orders. You must provide a regular mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.

Name:

Title:

Street Address or P.O. Box:

City, State, Zip:

Phone Number:

Toll Free Number:

Ordering Fax Number:

Internet Address:

Federal ID Number:

Remit Address:

City, State, Zip:

NOTE: Duplicate as necessary for multiple ordering locations


Attachment F Products and Services Catalog

(MS Excel Worksheet)

Per Section 3.12 Balance of Line and Section 7.7.6 (6.6) Attachment F – Products and Services Catalog, the Respondent may download Attachment F – Products and Services Catalog from the MFMP Sourcing Tool, fill in their Balance of Line products and pricing, Value-Added Services and pricing, Volume Discounts, and upload their completed Products and Services Catalog into the Sourcing Tool. This form shall be used by the Contractor throughout the term of the Contract to submit any revisions to the Contractor’s Balance of Line products and pricing and Value-Added Services pricing for approval by the Department.


Attachment G Quarterly Report Form (MS Excel Worksheet)

The Contractor shall use this attachment throughout the term of the Contract to provide quarterly sales reports per Section 5.10 Contract Reporting Requirements.


Attachment H Water Treatment Chemicals State Term Contract 885-000-11-1

Request for Quote (RFQ) Form NOTE: Fields in Blue to be filled in by Contractor; fields in Black to be filled in by Requestor

FOR CONTRACTOR USE ONLY Quote Reference #: Quote Date:

Company Name:

Company Representative:

Phone: Fax: Email Address:

REQUESTOR INFORMATION

Agency / Eligible User: Request Date:

Address:

City, State, Zip Code:

Requested By:

Phone: Fax: Email Address:

DELIVERY LOCATION SPECIFICATIONS

Delivery Location #

Address City State Zip Contact Person

Name Phone Number

Location Specific Instructions

1

2

3

4

5

TIME SPECIFICATIONS

Expected Start Date for Orders: Expected End Date for Orders:


ORDER SPECIFICATIONS

Item #

Delivery Location

# Manufacturer / Product Name UOM

Container Size

Total Estimated Quantity

Average Order

Quantity

Product Price Per

UOM

Delivery Cost per

UOM

Total Price per

UOM

Total Extended

Price

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

Grand Total Extended Price

Specifications:

Delivery / Lead Times / Additional Instructions:

Contractor Comments (Contractor Use Only):


Attachment I – Regional Map

County Region County Region County Region County Region County Region

Alachua Baker Bay Bradford Brevard Broward Calhoun Charlotte Citrus Clay Collier Columbia De Soto Dixie

XI XI XII XI III VI XII X IV II V XI X XI

Duval Escambia Flagler Franklin Gadsden Gilchrist Glades Gulf Hamilton Hardee Hendry Hernando Highlands

II IX II I I XI VIII XII XI X V IV VIII

Hillsborough Holmes Indian River Jackson Jefferson Lafayette Lake Lee Leon Levy Liberty Madison Manatee Marion

IV XII VIII XII I XI III V I XI I I X XI

Martin Miami-Dade Monroe Nassau Okaloosa Okeechobee Orange Osceola Palm Beach Pasco Pinellas Polk Putnam

VIII VII VII II IX VIII III III VI IV IV IV II

Santa Rosa Sarasota Seminole St. John's St. Lucie Sumter Suwannee Taylor Union Volusia Wakulla Walton Washington

IX X III II VIII IV XI I XI III I IX XII





































































Attachment J

ATTESTATION OF FLORIDA-BASED BUSINESS

Chapter 2010-151, Laws of Florida, Section 49, grants a preference in certain procurements to Respondents whose principal place of business is in the State of Florida. To receive this preference, the undersigned Respondent hereby certifies and agrees as follows:

A. Respondent currently maintains its principal place of business in the State of Florida. A company‟s "principal place of business" is generally defined as the place where the company‟s high level officers direct, control and coordinate the company‟s activities (i.e., its "nerve center"). A company cannot have more than one principal place of business.

B. Respondent has no current plans to move its principal place of business out of the State of Florida.

C. Respondent‟s agrees to maximize the use of state of Florida residents, state of Florida products, and other Florida-based businesses in fulfilling its duties under the prospective contract. This requirement shall not be construed in any way to infringe on any right of a non-Florida resident to work for the Respondent on the prospective contract.

RESPONENT‟S NAME: By: Date:

Signature of Authorized Representative Name/Title: