State Term Contract 991-530-12-1
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AMENDMENT NO. 4 STATE TERM CONTRACT 991-530-12-1 MAIL SERVICES
THIS AMENDMENT NO. 4 (“AMENDMENT”), EFFECTIVE JULY 1, 2014, EXTENDS THE MAIL SERVICES STATE TERM CONTRACT NO. 991-530-12-1 (“CONTRACT”) BETWEEN THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (“DEPARTMENT”) AND NOVITEX ENTERPRISE SOLUTIONS, INC. (“CONTRACTOR”), EFFECTIVE JULY 1, 2011, AND RENEWED THROUGH JUNE 30, 2014. THE PARTIES AGREE AS FOLLOWS:
1. CONTRACT EXTENSION . IN ACCORDANCE WITH SECTION 287.057(12), FLORIDA STATUTES, THE CONTRACT IS EXTENDED SIX MONTHS EFFECTIVE JULY 1, 2014. THIS EXTENSION SHALL BE TERMINATED ON DECEMBER 31, 2014, OR UPON THE EXECUTION OF A NEW CONTRACT, WHICHEVER OCCURS FIRST.
2. EFFECT . ALL CONTRACT TERMS AND CONDITIONS NOT MODIFIED BY THIS AMENDMENT OR PRIOR AMENDMENTS WILL CONTINUE IN FULL FORCE AND EFFECT.
3. WARRANT OF AUTHORITY . EACH PERSON SIGNING THIS AMENDMENT WARRANTS THAT HE OR SHE IS DULY AUTHORIZED TO BIND HIS OR HER RESPECTIVE PARTY.
STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES: NOVITEX ENTERPRISE SOLUTIONS, INC.:
BY: BY:
NAME: KELLEY J. SCOTT NAME:
TITLE: DIRECTOR OF STATE PURCHASING AND TITLE: CHIEF PROCUREMENT OFFICER
DATE:
DATE:
STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES STATE TERM CONTRACT NUMBER: 991-530-12-1 MAIL SERVICES
AMENDMENT 3: CORPORATE NAME CHANGE
THIS AMENDMENT IS ENTERED INTO AND IS EFFECTIVE AS OF THE LAST DATE SIGNED BELOW, BY AND BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES (HEREINAFTER “DMS” OR THE “DEPARTMENT”), AND PITNEY BOWES MANAGEMENT SERVICES, INC., NOW NOVITEX ENTERPRISE SOLUTIONS, INC.
WITNESSETH
WHEREAS, ON OR ABOUT JULY 1, 2011, DMS AND PITNEY BOWES MANAGEMENT SERVICES, INC. (CONTRACTOR), ENTERED INTO A CONTRACT TO PROVIDE MAIL SERVICES AS AWARDED IN THE ABOVE-MENTIONED STATE TERM CONTRACT (THE “CONTRACT”);
WHEREAS, ON DECEMBER 2, 2013, PITNEY BOWES MANAGEMENT SERVICES, INC., CHANGED ITS NAME TO NOVITEX ENTERPRISE SOLUTIONS, INC., (SEE ATTACHMENT A – STATE OF DELAWARE CERTIFICATE);
WHEREAS, CONTRACTOR FORMALLY FILED ITS NAME CHANGE WITH THE STATE OF FLORIDA AND ON DECEMBER 23, 2013, THE STATE OF FLORIDA, DEPARTMENT OF STATE RECOGNIZED THE CONTRACTOR AS NOVITEX ENTERPRISE SOLUTIONS, INC., (SEE ATTACHMENT B - FLORIDA SUNBIZ FILINGS);
WHEREAS, DMS HAS NO OBJECTION TO PITNEY BOWES MANAGEMENT SERVICES, INC., CHANGING ITS NAME TO THAT OF NOVITEX ENTERPRISE SOLUTIONS, INC., AND TO IT PROVIDING THE GOODS AND SERVICES UNDER THE CONTRACT FOR THE REMAINDER OF THE CONTRACT TERM; AND
NOW THEREFORE, FOR THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
Novitex Enterprise Solutions, Inc., shall provide the goods and services as awarded to Pitney Bowes Management Services, Inc., in the Contract, and shall enjoy all of the rights and benefits granted under the Contract, which duties and functions and rights and benefits are specifically incorporated herein by reference.
All future payments shall be paid to Novitex Enterprise Solutions, Inc., in accordance with the terms and conditions of the Contract.
All future correspondence, amendments or documentation shall reflect the current name of the Contractor as “Novitex Enterprise Solutions, Inc.”.
To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force and effect.
Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. STATE OF FLORIDA DEPARTMENT OF NOVITEX ENTERPRISE SOLUTIONS, INC. MANAGEMENT SERVICES
BY: ______BY:______
NAME: _ KELLEY J. SCOTT ______NAME: _ GLEN MCDONALD ______
TITLE: DIRECTOR OF STATE PURCHASING & CHIEF TITLE: DIRECTOR OF CONTRACTS ______
PROCUREMENT OFFICER
DATE:______DATE:______
EXECUTED 2/12/2014
SEE PDF VERSION OF CONTRACT FOR SIGNATURES AND ATTACHMENTS. AMENDMENT NO.: 2 RENEWAL NO.: 1 MAIL SERVICES CONTRACT NO.: 991-530-12-1 THIS AMENDMENT NO. 2 (“AMENDMENT”), EFFECTIVE AS OF JULY 1, 2013, TO THE MAIL SERVICES, STATE TERM CONTRACT NO. 991-530-12-1(“CONTRACT”) EFFECTIVE AS OF JULY 1, 2013, BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES (“DEPARTMENT”) AND PITNEY BOWES MANAGEMENT SERVICES (“CONTRACTOR”) ARE COLLECTIVELY REFERRED TO HEREIN AS THE “PARTIES.” ALL CAPITALIZED TERMS USED HEREIN SHALL HAVE THE MEANING ASSIGNED TO THEM IN THE CONTRACT, UNLESS OTHERWISE DEFINED HEREIN.
WHEREAS THE DEPARTMENT AWARDED THE ABOVE REFERENCED CONTRACT TO PITNEY BOWES MANAGEMENT SERVICES FOR THE PROVISIONS OF MAIL SERVICES; AND
WHEREAS THE PARTIES AGREE TO AMEND THE CONTRACT AS PROVIDED IN SECTION 1.1 AND 4.26 OF STATE TERM CONTRACT NO. 991-530-12-1; AND
THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED BELOW, AND OTHER GOOD AND VALUABLE CONSIDERATION, RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE TO THE FOLLOWING;
I. CONTRACT AMENDMENT. PURSUANT TO SECTIONS 1.1 AND 4.26 OF THE STATE TERM CONTRACT, THE STATE TERM CONTRACT NO. 991-530-12-1 IS RENEWED FOR A PERIOD OF ONE (1) YEAR AT THE SAME TERMS AND CONDITIONS, WITH A NEW CONTRACT EXPIRATION DATE OF JUNE 30, 2014.
II. EMPLOYMENT VERIFICATION. PURSUANT TO STATE OF FLORIDA EXECUTIVE ORDERS NOS.: 11-02 AND 11-116, CONTRACTOR IS REQUIRED TO UTILIZE THE U.S. DEPARTMENT OF HOMELAND SECURITY’S E-VERIFY SYSTEM TO VERIFY THE EMPLOYMENT OF ALL NEW EMPLOYEES HIRED BY THE CONTRACTOR DURING THE CONTRACT TERM. ALSO, CONTRACTOR SHALL INCLUDE IN RELATED SUBCONTRACTS A REQUIREMENT THAT SUBCONTRACTORS PERFORMING WORK OR PROVIDING SERVICES PURSUANT TO THE STATE CONTRACT UTILIZE THE E-VERIFY SYSTEM TO VERIFY EMPLOYMENT OF ALL NEW EMPLOYEES HIRED BY THE SUBCONTRACTOR DURING THE CONTRACT TERM.
III. SCRUTINIZED COMPANY LIST: IN EXECUTING THIS CONTRACT, CONTRACTOR CERTIFIES THAT IT IS NOT LISTED ON EITHER THE SCRUTINIZED COMPANIES WITH ACTIVITIES IN SUDAN LIST OR THE SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE IRAN PETROLEUM ENERGY SECTOR LIST, CREATED PURSUANT TO SECTION 215.473, FLORIDA STATUTES. PURSUANT TO SECTION 287.135(5), F.S., CONTRACTOR AGREES THE DEPARTMENT MAY IMMEDIATELY TERMINATE THIS CONTRACT FOR CAUSE IF THE CONTRACTOR IS FOUND TO HAVE SUBMITTED A FALSE CERTIFICATION OR IF CONTRACTOR IS PLACED ON THE SCRUTINIZED COMPANIES WITH ACTIVITIES IN SUDAN LIST OR THE SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE IRAN PETROLEUM ENERGY SECTOR LIST DURING THE TERM OF THE CONTRACT.
IV. CONFLICT. TO THE EXTENT ANY OF THE TERMS OF THIS AMENDMENT CONFLICT WITH THE TERMS OF THE CONTRACT, THE TERMS OF THIS AMENDMENT SHALL CONTROL.
V. WARRANT OF AUTHORITY. EACH PERSON SIGNING THIS AMENDMENT WARRANTS THAT HE OR SHE IS DULY AUTHORIZED TO DO SO AND TO BIND THE RESPECTIVE PARTY.
VI. EFFECT. UNLESS OTHERWISE MODIFIED BY THIS AMENDMENT, ALL TERMS AND CONDITIONS CONTAINED IN THE CONTRACT SHALL CONTINUE IN FULL FORCE AND EFFECT. AMENDMENT NO.: 2 RENEWAL NO.: 1 MAIL SERVICES CONTRACT NO.: 991-530-12-1 STATE OF FLORIDA, CONTRACTOR: DEPARTMENT OF MANAGEMENT SERVICES:
BY: ______BY: ______
NAME: KELLY LOLL, C.P.M. NAME: TIMOTHY C. HEALY
CHIEF PROCUREMENT OFFICER &
TITLE: DIRECTOR OF STATE PURCHASING TITLE: VICE PRESIDENT & PUBLIC SECTOR LEADER
DATE: ______DATE: _ 01/31/2013 ______AMENDMENT 1 MAIL SERVICES STATE TERM CONTRACT NO.: 991-530-12-1 THIS AMENDMENT, EFFECTIVE JUNE 15, 2012, IS BY AND BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES (DEPARTMENT), DIVISION OF STATE PURCHASING (DIVISION), AN AGENCY OF THE STATE OF FLORIDA WITH OFFICES AT 4050 ESPLANADE WAY #360, TALLAHASSEE, FLORIDA 32399-0950, AND PITNEY BOWES MANAGEMENT SERVICES FEIN# F133587073, (CONTRACTOR), AND AMENDS STATE TERM CONTRACT NO. 991-530-12-1 (CONTRACT).
WHEREAS, THE PARTIES, UPON MUTUAL AGREEMENT, INITIALLY EXECUTED THE CONTRACT, FOR A PERIOD OF (2) YEARS BEGINNING ON JULY 1, 2011 AND TO END ON JUNE 30, 2013 AND,
WHEREAS, THE PARTIES WISH TO REVISE THE SECTIONS ADDRESSED.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THE CONTRACT, THE PARTIES AGREE TO THE FOLLOWING:
CURRENT CONTRACT SECTIONS 5.13, 5.14, 5.22, AND 6.8 ARE HEREBY DELETED AND REPLACED WITH THE FOLLOWING:
1.0 SECTION 5.13 - CONTRACT REPORTING REQUIREMENTS. THE CONTRACTOR SHALL BE RESPONSIBLE TO SUBMIT A MONTHLY TRANSACTION FEE REPORT, QUARTERLY SALES REPORTS, AND AN ANNUAL PRODUCT REPLACEMENT CYCLE MATRIX TO BE PROVIDED DURING QUARTERLY BUSINESS REVIEWS. THESE REPORTS WILL BE SUBMITTED AS FOLLOWS:
MONTHLY TRANSACTION FEE REPORT. THE CONTRACTOR IS REQUIRED TO SUBMIT MONTHLY TRANSACTION FEE REPORTS IN ELECTRONIC FORMAT. FOR INFORMATION ON HOW TO SUBMIT TRANSACTION FEE REPORTS ONLINE, PLEASE REFERENCE THE DETAILED FEE REPORTING INSTRUCTIONS AND VENDOR TRAINING PRESENTATIONS AVAILABLE ONLINE AT THE TRANSACTION FEE REPORTING AND VENDOR TRAINING SUBSECTIONS UNDER VENDORS ON THE MYFLORIDAMARKETPLACE WEBSITE (LOCATED AT HTTP://DMS.MYFLORIDA.COM/MFMP ). ASSISTANCE IS ALSO AVAILABLE WITH THE TRANSACTION FEE REPORTING SYSTEM FROM THE MYFLORIDAMARKETPLACE CUSTOMER SERVICE DESK AT [email protected] OR 866-FLA-EPRO (866-352-3776) BETWEEN THE HOURS OF 8:00 AM TO 5:30 PM EASTERN TIME.
QUARTERLY SALES REPORT. THE FOLLOWING DATA MUST BE REPORTED ELECTRONICALLY TO THE DEPARTMENT ON A QUARTERLY BASIS USING A CONTRACT SALES SUMMARY FORM SUPPLIED TO THE CONTRACTOR BY THE DEPARTMENT’S CONTRACT MANAGER. THE ELECTRONIC REPORT SHALL INCLUDE:
CONTRACTOR’S COMPANY NAME, CONTRACTOR’S COMPANY ADDRESS, REPORTING PERIOD, CONTRACTOR’S COMPANY CONTACT PERSON WITH EMAIL ADDRESS AND PHONE NUMBER EXCEL REPORT ITEMIZING EACH PURCHASE FOR THE PERIOD THAT INCLUDES COLUMNS FOR THE FOLLOWING INFORMATION: PART NUMBER/SKU, ITEM DESCRIPTION/SERVICE NAME, ITEM CATEGORY, ITEM FAMILY, PRODUCT DESCRIPTION, CUSTOMER NAME, COMMODITY CODE (IF AVAILABLE), UNIT OF MEASURE, UNIT OF MEASURE DESCRIPTION, VOLUME/QUANTITY, ORDER DATE, SHIP DATE, LIST PRICE, CONTRACT PRICE, AND ADDITIONAL FIELDS (IF NEEDED).
THE REPORTING PERIODS COINCIDE WITH THE STATE OF FLORIDA’S FISCAL YEAR WHICH IS JULY 1 ST THROUGH JUNE 30TH OF EACH YEAR. THE QUARTERS ARE DIVIDED AS FOLLOWS:
1ST QUARTER – JULY 1ST THROUGH SEPTEMBER 30TH 2ND QUARTER – OCTOBER 1ST THROUGH DECEMBER 31ST 3RD QUARTER – JANUARY 1ST THROUGH MARCH 31ST 4TH QUARTER – APRIL 1ST THROUGH JUNE 30TH
FAILURE TO PROVIDE QUARTERLY REPORTS, INCLUDING NO SALES, WITHIN THIRTY (30) CALENDAR DAYS FOLLOWING THE END OF EACH QUARTER, OR ANNUAL EXCEL™ LINE ITEM REPORTS WITHIN THIRTY (30) CALENDAR DAYS, MAY RESULT IN THE DEFAULT PROCEEDING AND/OR TERMINATION OF THIS CONTRACT. AMENDMENT 1 MAIL SERVICES STATE TERM CONTRACT NO.: 991-530-12-1 INITIATION AND SUBMISSION OF THE CONTRACT SALES SUMMARIES ARE TO BE THE RESPONSIBILITY OF THE CONTRACTOR, AND SUPPLIED WITHOUT PROMPTING OR NOTIFICATION BY THE CONTRACT MANAGER. THE CONTRACTOR WILL SUBMIT THE COMPLETED CONTRACT SALES SUMMARY FORMS BY EMAIL TO THE CONTRACT MANAGER AS STIPULATED. THE CONTRACT MANAGER SHALL DISTRIBUTE AT THE TIME OF CONTRACT FORMATION, IN ELECTRONIC FORMAT, THE CONTRACT SALES SUMMARY FORM TO BE USED BY THE CONTRACTOR.
THE CONTRACTOR SHALL REPORT TO THE DEPARTMENT THE AMOUNT OF SPEND WITH CERTIFIED AND OTHER MINORITY BUSINESS ENTERPRISES. REPORTS MUST INCLUDE THE PERIOD COVERED, THE NAME, MINORITY CODE AND FEDERAL EMPLOYER IDENTIFICATION NUMBER OF EACH MINORITY VENDOR UTILIZED DURING THE PERIOD, COMMODITIES AND SERVICES PROVIDED BY THE MINORITY BUSINESS ENTERPRISE, AND THE AMOUNT PAID TO EACH MINORITY VENDOR ON BEHALF OF EACH PURCHASING AGENCY ORDERING UNDER THE TERMS OF THIS CONTRACT.
2.0 SECTION 5.22 - ELECTRONIC INVOICING. THE CONTRACTOR SHALL SUPPLY ELECTRONIC INVOICES IN LIEU OF PAPER-BASED INVOICES FOR THOSE TRANSACTIONS PROCESSED THROUGH THE MFMP. CONTRACTOR AGREES, UPON DMS’ REQUEST, TO ESTABLISH ELECTRONIC INVOICING WITHIN NINETY (90) DAYS OF WRITTEN REQUEST. 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.
3.0 SECTION 6.8 - ENVELOPES. THE AGENCY MAY ALLOW THE CONTRACTOR TO PURCHASE SPECIFIC ENVELOPES NEEDED FOR THE PROVIDED SERVICE WITH AGENCY APPROVAL OR UNDER THE AGENCY’S (SLA), SERVICE LEVEL AGREEMENT. THE CONTRACTOR SHALL ONLY PURCHASE ENVELOPES ON BEHALF OF THE AGENCY FOR AGENCY USE ONLY AND MAY ONLY INVOICE THE AGENCY AT THE NEGOTIATED RATES FOR THE AMOUNT UTILIZED PER BILLING CYCLE AS INDICATED BY THE SLA. THE CONTRACTOR SHALL INVOICE THE AGENCY FOR THE EXACT COST; NO ADDITIONAL CHARGES, FEES OR SHIPPING ASSOCIATED WITH THE ORDER SHALL BE ALLOWED. TO RECEIVE REIMBURSEMENT, THE CONTRACTOR SHALL BE REQUIRED TO PROVIDE THE AGENCY THE COPY OF THE ENVELOPE ORDER INVOICE. AMENDMENT 1 MAIL SERVICES STATE TERM CONTRACT NO.: 991-530-12-1
4.0 CONFLICT
TO THE EXTENT ANY OF THE TERMS OF THIS AGREEMENT CONFLICT WITH THE TERMS OF THE CONTRACT, THE TERMS OF THIS AGREEMENT SHALL CONTROL. ALL OTHER TERMS OF THE CONTRACT REMAIN IN FULL FORCE.
5.0 WARRANTY OF AUTHORITY
EACH PERSON SIGNING THIS AGREEMENT WARRANTS THAT HE OR SHE IS DULY AUTHORIZED TO DO SO AND TO BIND THE RESPECTIVE PARTY.
STATE OF FLORIDA, PITNEY BOWES MANAGEMENT SERVICES DEPARTMENT OF MANAGEMENT SERVICES
______BY:______KELLY LOLL, C.P.M. CHIEF PROCUREMENT OFFICER AND NAME:______DIRECTOR OF STATE PURCHASING TITLE:______
DATE:______DATE:______
APPROVED AS TO FORM AND LEGALITY
BY:______DATE:______OFFICE OF THE GENERAL COUNSEL State Term Contract
For
Mail Services
Contract No.: 991-530-12-1
Contract Manager:
Angela Caldwell, MBA, FCCM Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 (850)488-4946 (voice) (850)414-6122 (facsimile) [email protected] Table of Contents
1.0 Introduction
2.0 General Instructions to Respondents [PUR1001 (10/06)]
3.0 Special Instructions to Respondents
4.0 General Contract Conditions [PUR1000 (10/06)]
5.0 Special Conditions
6.0 Technical Specifications
7.0 Price Sheet & Ordering Instructions and Forms
8.0 Attachments
[The remainder of this page is intentionally left blank (other than footer information).] Section 1.0
Introduction
1.1 Purpose and Scope
1.2 Estimated Usage
1.3 Timeline
1.4 Eligible Users
1.5 Solicitation Definition
1.6 Lobbying During the Procurement Process
[The remainder of this page is intentionally left blank (other than footer information).] 1.1 Purpose and Scope
The State of Florida (“State”), Department of Management Services (“Department”), invites interested Vendors to respond to this Request for Proposals for Mail Services, including but not limited to, mail processing, sorting, folding, inserting, interoffice mail, delivering, opening, sorting, pickup, and printing. The resulting contract, if awarded, will be for a two (2) year term with potential options for renewals for one (1) year or any part thereof, as allowed by Chapter 287.057 (13), Florida Statutes. The intent of the solicitation is to obtain the most cost effective Mail Services contract provided by a qualified and responsible vendor based in all respects in accordance with the solicitation documents and to the satisfaction of the Department.
1.2 Estimated Usage
During the 2009-2010 fiscal year State Agencies accounted for approximately $9 million in annual spend, which does not include postage costs. It is currently estimated that the State of Florida processes 5,000,000 to 7,000,000 mail pieces monthly. This figure is given only as a guideline for preparing an offer and should not be construed as representing actual or guaranteed purchases under any new contract.
1.3 Timeline
The State Term Contract period, if awarded, is anticipated to begin on the date July 1, 2011 through June 30, 2013, with potential options to renew for one (1) year, as per Chapter 287, Florida Statutes. Events Descriptions Event Date Solicitation Launch for - RFP 05-991-530-T May 6, 2011 Questions from Vendors Due via Q&A Board within MyFloridaMarketPlace Sourcing Tool. May 13, 2011 **No later than 2:00 pm EST** Post Answers to Vendor’s Questions within MyFloridaMarketPlace Sourcing Tool and May 24, 2011 Vendor Bid System.
Last day to register as an new MFMP Vendor and Join the event **No later than 2:00 pm MAY 29, 2011 EST** Solicitation Responses Due within MyFloridaMarketPlace Sourcing Tool **No later than May 31, 2011 2:00 pm EST** PUBLIC MEETING – NEGOTIATION SESSION @ 2:00 PM JUNE 13, 2011 4050 ESPLANADE WAY, TALLAHASSEE POST NOTICE OF INTENDED AWARD WITHIN VENDOR BID SYSTEM AND SOURCING TOOL PER JUNE 22, 2011 SECTION 2.13
CONTRACTS SENT TO AWARDEE JUNE 27, 2011
SIGNED CONTRACT RETURNED – DEPARTMENT OF MANAGEMENT SERVICES **NO LATER JUNE 28, 2011 THAN 2:00 PM EST CONTRACT EXECUTION AND COMMENCEMENT JULY 1, 2011 DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL’S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED in this Section.
1.4 Eligible Users
In addition to state agencies, all Florida governmental and educational entities are considered Eligible Users of the Mail Services State Term Contract. This includes all school districts, universities, community colleges, counties, cities, towns, villages, special districts, and other entities approved by the Department. With the consent of the successful Contractor(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. All appropriate governmental and educational entities' purchasing laws, rules, and regulations may apply to purchases made under this contract. Eligible Users and governmental entities are currently defined as described below:
Rule 60A-1.005, Florida Administrative Code, identifies Eligible Users as : All governmental agencies, as defined in Section 163.3164, F.S., 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 : "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 Solicitation Definition
This solicitation is a Request for Proposals. Responses to this bid do not imply or create a contract with the State of Florida. If awarded a contract will be executed by the Department and the Contractor.
1.6 Lobbying During the Procurement Process
The Service Provider or Respondent shall not lobby the legislative, judicial or executive branches or any State Agency on any aspect of this Solicitation during the procurement process (i.e. from time contract is advertised to execution of a contract) associated with the Contract. Violation of this restriction can be cause for disqualification from the procurement process.
It is strongly recommended to submit your Response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your Response. Section 2.0 General Instructions to Respondents [PUR1001 (10/06)]
2.1 Definitions
2.2 General Instructions
2.3 Electronic Submission of Responses
2.4 Terms and Conditions
2.5 Questions
2.6 Conflict of Interest
2.7 Convicted Vendors
2.8 Discriminatory Vendors
2.9 Respondent’s Representation and Authorization
2.10 Manufacturer’s Name and Approved Equivalents
2.11 Performance Qualifications
2.12 Public Opening
2.13 Electronic Posting of Notice of Intended Award
2.14 Firm Response
2.15 Clarifications/Revisions
2.16 Minor Irregularities/Right to Reject
2.17 Contract Formation
2.18 Contract Overlap
2.19 Public Records
2.20 Protests
2.21 Limitation on Vendor Contact with Agency During Solicitation Period
[The remainder of this page is intentionally left blank (other than footer information)] 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 ($35,000) 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: 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 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 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.
[The remainder of this page is intentionally left blank (other than footer information).] Section 3.0 Special Instructions To Respondents
3.1 Contact Person 3.2 Terms and Conditions 3.3 Definitions 3.4 Who May Respond 3.5 MyFloridaMarketPlace Solicitation Overview 3.6 Amendments or Addendums to the Solicitation Documents 3.7 Estimated Quantities 3.8 Submittal of Response 3.9 Determination of Responsiveness 3.10 Ranking of Proposals and Basis for Award 3.11 Renewals 3.12 State Objectives 3.13 Lobbying 3.14 Confidential, Proprietary or Trade Secret Materials
[The remainder of this page is intentionally left blank (other than footer information).] 3.1 CONTACT PERSON
REFER ALL INQUIRIES TO: ANGELA CALDWELL, MBA, FCCM PURCHASING ANALYST DIVISION OF STATE PURCHASING DEPARTMENT OF MANAGEMENT SERVICES 4050 ESPLANADE WAY, SUITE 360 TALLAHASSEE, FL 32399-0950 (850)488-4946 (VOICE) (850)414-6122 (FACSIMILE) [email protected]
Please Note: All solicitation related questions must be submitted through the MyFloridaMarketPlace Sourcing Tool Q&A Board per Section 2.5; MyFloridaMarketPlace system questions may be answered in the MyFloridaMarketPlace Solicitation Overview, Section 3.5. Any additional technical questions related to the MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or [email protected].
3.2 Terms and Conditions
Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare Responses accordingly.
All Responses are subject to the requirements, specifications, terms, and conditions of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed:
Section 1.0, Introduction Section 3.0, Special Instructions to Respondents Section 5.0, Special Conditions Section 6.0, Technical Specifications Section 2.0, General Instructions to Respondents [PUR 1001 (10/06)] Section 4.0, General Contract Conditions [PUR 1000 (10/06)] Section 7.0, Price Sheet & Ordering Instructions and Forms
The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Response. In submitting its Response, the Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with the solicitation requirements, specifications, terms, and conditions, including those specifying information that must be submitted with a Response, shall be grounds for rejecting a Response.
This Section 3.2 supersedes and replaces Section 2.4, Terms and Conditions.
3.3 Definitions
The Definitions found and referenced in the General Instructions to Respondents [PUR1001 (10/06)], Section 2.1, and General Contract Conditions [PUR1000 (10/06)], Section 4.1, shall apply to this Section. The following additional terms are also defined: (A) State means the State of Florida.
(B) Department means the Florida Department of Management Services.
(C) Procurement Officer, "Contract Manager", or "Contract Administrator" means the Buyer's contracting personnel, as identified in Section 3.1 or as amended by the Department.
(D) Eligible User(s) is defined in 60A-1.005, F.A.C. The following entities are eligible users:
(E) Accessorial Service an extra charge, such as hazardous materials handling fees that may apply to certain shipments in addition to the base rate. Also referred to as value-added service charges, these are extra services that can be added to a shipping selection to meet a complete range of shipping needs. All value-added services are not available in all locations. Authorized users shall review and approve all accessorial service charges.
(F) Automated area distribution center (AADC) or distribution center (DC) - A distribution center that uses multiline optical character readers (MLOCRs), barcode sorters (BCSs), and other equipment designed for processing automation-compatible mail.
(G) Automation discount - A postage reduction offered to mailers who prebarcode their mail pieces and meet addressing, readability, and other requirements for processing on automated equipment.
(H) Barcode (BC) - A series of vertical bars and spaces that represent any numerical series, most often a correct ZIP Code for the delivery address on a mail piece. The barcode facilitates automated processing by barcode readers and scanners. Barcodes that may be used for postal processing are POSTNET, Interleaved 2-of-5, Code 39, Code 128, and UCC/EAN Code 128.
(I) Bulk mail - Mail that is rated for postage partly by weight and partly by the number of pieces in the mailing. The term is generally used to refer to Standard Mail (A).
(J) Bulk mail center (BMC) - A highly mechanized USPS mail processing plant that distributes Standard Mail in piece and bulk form.
(K) Bulk rate - The postage rate for mail pieces that are part of a large-volume mailing and that meet minimum volume and preparation requirements.
(L) Centralized mail delivery - Delivery and collection services to a number of office buildings or residents from a centrally located delivery point or place.
(M) Certificate of mailing - A supplemental mail service that provides a receipt prepared by the mailer as proof of mailing.
(N) Certified mail - A service that provides the sender with a mailing receipt. A record of delivery is kept at the post office of address. This type of mail must be sent at First-Class Mail or Priority Mail rates. Certified mail may be combined with return receipt service and restricted delivery service.
(O) Classification - The grouping of mailable matter into mail classes and subclasses by rate categories, according to content, weight, size, and preparation standards. (P) Commodity Code(s) means the State of Florida specified numeric code for classifying Commodities and Contractual Services which meet specific requirements, specifications, terms, and conditions herein.
(Q) Contractor(s) means the Respondent that has been awarded and contracts to sell Commodities and / or contractual services, which meet the requirements, specifications, terms, and conditions herein, to a State Agency or an Eligible User.
(R) Cooperative mailing - A mailing made jointly by one or more organizations authorized to mail at Nonprofit Standard Mail rates at the same post office.
(S) Correspondence Mail - Interdepartmental mail or intradepartmental mail that may or may not require courier services under the terms of this contract.
(T) Courier Service - The transport of inter-office or intra-office mail from one destination to another within a specific route or region.
(U) Delivery Confirmation Service - Service which provides confirmation date, ZIP Code and time package is delivered.
(V) Delivery point barcode (DPBC) - A POSTNET barcode that consists of 62 bars with beginning and ending frame bars and 5 bars each for the nine digits of the ZIP+4 code, the last 2 digits of the primary street address number or post office box, and a correction digit.
(W) Delivery point code - In mail processing, the finest depth of code to which a mail piece can be sorted by its address. It is usually the 11-digit numeric code formed from the ZIP+4 and represented by the delivery point barcode (DPBC).
(X) Distribution - The sorting of mail into pigeonhole cases, trays, sacks, machine bins, or pouches in order to group pieces with a common destination for transportation to the post office of address. It may be done by manual, mechanized, or automated means. The term is also applied to the distributed mail itself.
(Y) FASTforward - A USPS-licensed automated system that updates addresses by matching names and addresses with current change-of-address orders on file. A piece updated with FASTforward can be delivered directly to the new address rather than forwarded from the old address. FASTforward systems interface with USPS-approved automation systems such as multiline optical character readers (MLOCRs) and remote video encoding (RVE) operations. FASTforward is available in two applications. The Mailing List Correction application updates computerized name and address mailing lists before mail piece creation. The MLOCR/RVE application provides an "on-piece" address correction during mail processing before deposit into the mail stream.
(Z) First-Class Mail (FCM) - A class of mail that includes all matter wholly or partly in writing or typewriting, all actual and personal correspondence, all bills and statements of account, and all matter sealed or otherwise closed against inspection. First-Class Mail comprises three subclasses: postcards, letters and sealed parcels, and Priority Mail. Any mailable matter may be sent as First-Class Mail. First-Class Mail is a USPS trademark.
(AA) Flat - The general term for flat-size mail, so called because the large mail is sorted without bending it so that the mail remains flat. (AB) Flat-size Mail - A mail piece that exceeds one of the dimensions for letter-size mail (11- 1/2 inches long, 6-1/8 inches high, 1/4 inch thick) but that does not exceed the maximum dimension for the mail processing category (15 inches long, 12 inches high, 3/4 inch thick). Dimensions are different for automation rate flat-size mail eligibility. Flat-size mail may be unwrapped, sleeved, wrapped, or enveloped.
(AC) Hazardous Material - Any article or substance designated by the U.S. Department of Transportation (DOT) as being capable of posing an unreasonable risk to health, safety, and property during transportation.
(AD) Mail Piece - A single addressed article of mail, usually a letter, flat, card, or parcel.
(AE) Mail Processing - An integrated group of subfunctions required to sort and distribute mail for dispatch and eventual delivery.
(AF) Mail Services shall refer to the collection and delivery of letters, printed matter, or mailable packages, including acceptance, collection, sorting, processing, transportation, or other mail functions ancillary; delivery may be to the USPS, mail recipients or other agencies/departments. Contractor uses multiline optical character readers (MLOCRs), barcode sorters (BCSs), and other equipment designed for processing automation- compatible mail.
(AG) Mailing Permit - Permission to affix postage and mail at bulk (presorted) rates.
(AH) Mass Mailing - Also referred to as "bulk mail", mass mail may be the processing and mailing of 500 or more pieces.
(AI) Metered Mail - Any mail class (except Periodicals) with postage printed by a USPS- approved postage meter.
(AJ) Multiple Awards is an award of a Contract to more than one responsive and responsible Bidder who meets the minimum requirements as described in the Bid Response where the multiple award is made on the grounds set forth in the bid document in order to satisfy multiple factors and needs of Authorized Users.
(AK) Multiline Optical Character Reader (MLOCR) - An optical character reader that reads and interprets more than one line of the delivery address on a mail piece.
(AL) Nonprofit Standard Mail - A subclass of Standard Mail that is available only to qualified organizations specified by U.S. statute.
(AM) Optical character reader (OCR) - An automated mail sorting machine that interprets the address information on a letter-size mail piece and sprays the corresponding ZIP Code information onto the piece as a barcode.
(AN) Origin bulk mail center (OBMC) Presort rate - A rate available for Standard Mail (B) Parcel Post that is properly prepared and entered by the mailer at a BMC or other designated postal facility.
(AO) Permit - Any authorization required for specific types of preparation or postage payment. Specifically, an authorization to mail without postage affixed by using indicia or an imprint. Payment is made against an advance deposit account that is established with the USPS for postage and services. (AP) Permit Number - The Permit account number owner guarantees payment of the proper postage and fees on all returned merchandise return service articles distributed under the permit holder's permit number. Permit information can be obtained from your local Post Office.
(AQ) Postage and Mailing Center (PMC) - Self-service equipment that allows a customer to weigh, rate, and buy postage in the form of a single stamp. The stamp is nondenominational until the time of purchase.
(AR) Postage statement - Documentation provided by a mailer to the USPS that reports the volume of mail being presented and the postage payable or affixed, and certifies that the mail meets the applicable eligibility standards for the rate claimed.
(AS) Postal area ZIP Code - all ZIP Code assignments other than unique ZIP Codes. This category includes ZIP Codes assigned to postal facilities, post office box sections, caller service, vertical improved mail units in buildings, and delivery units. ZIP Code is a USPS trademark.
(AT) Postal Numeric Encoding Technique (POSTNET) - The barcode system used on letter- size and flat-size mail pieces for encoding the delivery point information and ZIP+4 code information.
(AU) Presort - The process by which a mailer prepares mail so that it is sorted to the finest extent required by the standards for the rate claimed. Generally, presort is performed sequentially, from the lowest (finest) level to the highest level, to those destinations specified by standard and is completed at each level before the next level is prepared. Not all presort levels are applicable to all mailings.
(AV) Priority Mail - First-Class Mail that weighs more than 13 ounces and, at the mailer's option, any other mail matter weighing 13 ounces or less. Priority Mail provides expedited delivery. Any mailable matter may be sent as Priority Mail. Priority Mail is a USPS trademark.
(AW) Qualifying piece - a mail piece that meets all standards for a certain rate or discount.
(AX) Quality assurance (QA) - A contract management function that determines contractual compliance of items and services. This is done through inspections, tests, surveys, and audits of contractors' production and quality control systems.
(AY) Quality control (QC) - the control of various mail processing factors to produce consistent, uniform distribution, conforming to specified standards.
(AZ) Quantity or piece - number of items being shipped or a calculation of mail volume that provides the actual number of mail pieces processed. It is generated by machine meter, machine printouts, or actual counts.
(BA) "Responsive Bidder" a Bidder determined to meet the minimum specifications or requirements as prescribed in a Bid.
(BB) Secure Mail Services (SMS) - SMS consists of, at a minimum, screening of all inbound USPS mail, accountable items (registered mail and certified mail), and courier and pouch mail. SMS may be customized for each Agency's differing needs, potentially including testing for anthracis bacillus, explosives, and suspicious mail transmitted through the mail stream.
(BC) Services- mail service types available and or required to mail a letter, card or package.
(BD) Service Level Agreement (SLA) - is a part of a service contract where the level of service is formally defined. In practice, the term SLA is sometimes used to refer to the contracted delivery time (of the service) or performance. An SLA will be developed by any Agency utilizing any contract resulting from this RFP in which to engage awarded vendor(s).
(BE) Special Delivery - A special service that provides preferential handling in dispatch, transportation, and expedited delivery at destination, which includes Sunday and holiday delivery at certain large city post offices. It is available for every mail class except Express Mail.
(BF) Special Handling - A special service available only for Standard Mail (A) and Standard Mail (B). It provides preferential handling in dispatch and transportation but not expedited delivery.
(BG) Special Mailing (or "Special Projects") - For purposes of this solicitation and contract, "special" shall refer to any services provided by the contractor in their normal business operations, but not currently utilized or identified in the Statement of Work (SOW) of the Agency. Items such as additional quantities, inserts, folds, and perforations shall not constitute as a "special" mailing or project.
(BH) Standard Mail (A) - Standard Mail matter that weighs less than 16 ounces. It comprises the subclasses of Regular Standard Mail, Nonprofit Standard Mail, Enhanced Carrier Route Standard Mail, and Nonprofit Enhanced Carrier Route Standard Mail. These subclasses include circulars, printed matter, pamphlets, catalogs, newsletters, direct mail, and merchandise. Standard Mail (A) may be sent at presorted rates and at automation rates.
(BI) Standard Mail (B) - Standard Mail matter that weighs 16 ounces or more but not more than 70 pounds. It comprises of four subclasses: Bound Printed Matter, Library Mail, Parcel Post, and Special Standard Mail.
(BJ) Statement of Work (SOW) - A document issued by eligible users of any contract resulting from this RFP that captures and details the work activities, deliverables, expectations and timeline that a vendor will execute against in performance of work for a Agency. Detailed requirements and pricing are usually specified in a Statement of Work, along with many other terms and conditions.
(BK) Trademarks and Copyrights - protected words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Some of the following are among the many trademarks owned by the United States Postal Service: United States Postal Service®, U.S. Postal Service®, USPS®, First-Class Mail®, usps.com®, Click-N-Ship®, Automated Postal Center®, APC®, Express Mail®, Priority Mail®, Standard Mail®, Parcel Post®, Media Mail®, Customized MarketMail®, Intelligent Mail®, Parcel Select®, Express Mail International®, Quick, Easy, Convenient®, United States Postal Service Office of Inspector General™, Post Office™, Postal Service™, Signature Confirmation™, Certified Mail™, Delivery Confirmation™, Registered Mail™, ZIP Code™, Carrier Pickup™, Priority Mail International™, First-Class Mail International™, Premium Forwarding Service™, Forever Stamp™ and Postmaster General™.
(BL) Undeliverable as Addressed Mail (UAA) - All returned mail unable to be delivered as addressed; procedure requires for all UAA mail to be sent back to the originating mail location.
(BM) United State Postal Service (USPS) - An independent Agency of the United States government (see 39 I.S.C. § 201) responsible for providing postal service in the United States (US). Within the US, it is commonly referred to as the Post Office, Postal Service, or U.S. Mail.
(BN) United States Code (USC) - The official restatement of the general and permanent laws of the United States; currently, the USC contains 39 laws relating to the USPS and mail processing.
(BO) Vendor - means "Contractor" or "Respondent" to this solicitation and or "Respondent's Company" that may be awarded and contracted to perform services as provided herein.
(BP) Work - shall be defined as all reports, statistical analysis, work papers, work products, materials, approaches, designs, specifications, systems, documentation, methodologies, concepts, research materials, intellectual property or other property developed, produced, or generated exclusively in connection with this Contract for the benefit for the State of Florida. Any and all work performed and any revisions of work pursuant to this Contract shall be and shall remain exclusive property of the State of Florida Agency and or eligible user requiring the work performed.
(BQ) ZIP+4 barcode or code - A nine-digit POSTNET barcode consisting of 52 vertical bars or the numeric representation of ZIP+4 as opposed to the barcode. ZIP+4 is a USPS trademark.
3.4 Who May Respond
The Department will accept Responses from capable and well qualified Vendors that have the ability to provide Mail Services who are in good standing with the State of Florida and who can satisfy the requirements, specifications, terms, and conditions of the solicitation documents. These services include but are not limited to mail processing, sorting, folding, inserting, interoffice mail, delivering, opening, sorting, pickup, and printing.
By submitting a Response, each Respondent certifies that it understands, agrees to, and satisfies all criteria specified in the solicitation documents. The Department may request, and the Respondent shall provide, supporting information and documentation. Failure to supply supporting information and documentation as required or requested will result in disqualification of the Response. 3.5 MyFloridaMarketPlace Solicitation Overview
The Department uses the MyFloridaMarketPlace System (“MFMP”) to receive Responses to solicitations electronically. 3.5.1 Access Sourcing 3.0 To access and use Sourcing 3.0, all vendors need a current and complete vendor registration in MFMP Vendor Information Portal (VIP). Once you register, use the same username and password in both VIP and Sourcing 3.0. VIP website: https://vendor.myfloridamarketplace.com/ Sourcing 3.0 website: https://sourcing.myfloridamarketplace.com/Sourcing/Main Tip: Forgot your VIP login information? Contact [email protected] 3.5.2 Participate in Sourcing 3.0 Log in to VIP and follow these steps to participate in Sourcing 3.0: 1. Select the “View / Edit Solicitation Selections” option from the “I want to” dropdown list to launch the “Solicitations / Price Quote Requests” page. 2. Update your “Solicitation” preferences, if you choose, by selecting “Yes, I want to participate in electronic solicitations.”
A.I. Selecting “Yes” provides vendors with solicitation notifications from the Vendor Bid System (the State’s central posting tool for agency solicitation documents). 3. Vendors can “View / Edit Commodity Codes” associated with your VIP and Sourcing account.
I. Use the “I want to” dropdown list and navigate to the update page.
II. Commodity code selection is important as it is the driver for which bid opportunities are visible to vendors within their individual Sourcing 3.0 accounts. VIP sends vendor account updates nightly to Sourcing 3.0. Vendors should complete any registration updates at least 48 hours before a bid submission is due. Once VIP makes account updates, vendors receive e-mail notifications when a solicitation with the vendors’ registered commodity codes opens. Tip: MFMP / VIP sends these notifications as a courtesy. Your firewall or other e-mail settings you may have in place could prevent delivery to you. We urge you to regularly check Sourcing 3.0 and the Vendor Bid System for advertisements. Vendors who wish to submit a response must have: 1. a current and complete VIP account with accepted MFMP Terms of Use, and 2. with the ‘Solicitation’ preference selected to ‘Yes’ and 3. with the appropriate commodity codes selected. When you log into your Sourcing 3.0 account, the view shows both “My Events” and “Public Events.” 1. “My Events” lists those events you already chose to “Join” (i.e., you intend to submit a formal response). 2. “Public Events” lists those events associated with your registered commodity codes listed in your Vendor Information Portal (VIP) account, but you have not yet “Joined.” You can choose the events in which you prefer to participate. Click “Preview” to obtain read only access to an event. Clicking “Join” adds you to a given event, allows you to submit questions about the event, and alerts you to any associated updates (e.g., addendums, event edits, etc.). You choose the events in which you prefer to participate and receive subsequent Sourcing 3.0 e-mail notifications about only those events. It is important to note that you must join an event in order to submit a response to the solicitation. 5.5.3 Learn More about Sourcing 3.0 Vendors with technical questions about Sourcing 3.0, can contact the MyFloridaMarketPlace Customer Service Desk by phone at (866) 352-3776) or e-mail at [email protected]. For additional information or to view the MyFloridaMarketPlace Sourcing 3.0 training documents, visit MyFloridaMarketPlace at: http://dms.myflorida.com/business_operations/state_purchasing/myflorida_marketplace/mfm p_vendors/vendor_toolkit/vendor_training_opportunities. This site includes: 1. Sourcing 3.0 training slides with step-by-step instructions on previewing bids, joining bids and submitting bid responses 2. Vendor FAQs Sourcing 3.0 Tips: 1. Save your work frequently – at intervals less than 20 minutes – to make sure your work is not lost. Sourcing 3.0 automatically times out if you are inactive in the system after 20 minutes. Any unsaved information will be lost when the system times out. 2. To respond to a solicitation, vendors must review and accept the electronic agreement on the “Review and Accept Agreement” page. Until you accept the agreement, you are unable to submit a response. 3. Click the radio button next to, “I accept the terms of this agreement.” 4. Please note that clicking the “Save” button within Sourcing 3.0 only saves your solicitation Responses; it does not transmit your Responses to the State. 5. After clicking the “Submit Entire Response” button, it is your responsibility as Respondent to validate any submitted response in Sourcing 3.0 to assure your response is accurate and complete prior to the bid closing time. Give yourself sufficient time, prior to the event So- licitation period closing, in the event you discover an error and need to resubmit a revised response. 6. To validate your response, please do the following before the Solicitation period ends:
I. Click the “Response History” link to confirm that your “submitted” response is visible, and therefore formally submitted.
II. Confirm that a status of “Accepted” displays next to your submitted response.
III. Click on the Reference number of your submitted bid response to review the submission.
IV. Please check the following:
V. Text boxes – Is your entire answer viewable?
VI. Yes/No questions – Are the displayed answers correct? 3.6 Amendments or Addendums to the Solicitation Documents
The Department reserves the right to issue Amendments or Addendums to the solicitation. Notice of any Amendment or Addendum will be posted within the MyFloridaMarketPlace Sourcing Tool and / or the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and reviewing the formal notices and / or changes to the solicitation. Each Vendor is responsible for monitoring the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System sites for new or changing information concerning the solicitation.
3.7 Estimated Quantities
To assist Respondents in the solicitation process, estimated annual spend information is provided. Spend information is based on historic data. Estimated Annual Spend: $45 Million ($45M USD) O $36 Million + for Postage O $9 Million + for Services Rendered
The above figure reflects estimated annual spend generated by users of past contracts for similar Services and is not a commitment.
Additional estimations of usage, quantity, volume, weight, spend, and / or other estimates may be provided by the Department in the solicitation documents. The figures provided are to assist Respondents in the solicitation process and/or to assist the Department in the comparing and measuring, and of the competitive rates.
3.8 Submittal of Response
3.8.1 Submittal of Proposal – required content
Respondents will submit their offers via the MyFloridaMarketPlace Sourcing Tool (https://sourcing.myfloridamarketplace.com/Sourcing/Main). The Response shall include all appropriate pricing, discounts, documents, forms, files, question responses, and information responses located within the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or requested pricing, discounts, documents, forms, files, question responses, and information responses will be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated. If no indication for submission is provided for required or requested documents or files, or if instructions to mail a specific document, form, or file are provided, then those specific documents, forms, or files only shall be mailed to the attention of the Contact Person in Section 3.1 of the solicitation.
The outer packaging of mailed documents shall clearly state: Solicitation Title, Number (RFP No. 05-991-530-T; Mail Services, and the Solicitation Responses Due Date and Time from the Timeline in Section 1.3 of the solicitation.
Failure to provide all required information within the solicitation Response may result in rejection of the total Response.
In the event the Respondent submits more than one Response in the MyFloridaMarketPlace Sourcing Tool, only the last Response received by the system shall be considered for evaluation and possible award. Previous Responses will not be visible to the State of Florida. Responses (other than document, file, or form submissions indicated by the solicitation to be mailed) not submitted within the MyFloridaMarketPlace Sourcing Tool shall be rejected. The system will require Respondents to review the Solicitation Preparation Checklist (Section 7.3) and confirm that they have completed all required activities before receiving the responses. The Solicitation Preparation Checklist does not relieve the Respondent of responsibility for ensuring that all requirements of the solicitation are included with the solicitation Response. The Solicitation Preparation Checklist does not have to be provided with the Response.
Each Respondent is responsible for ensuring that the response is accurately and completely submitted before the Solicitation Responses Due Date and Time noted on the Timeline in Section 1.3 of the solicitation. The Department shall not consider late responses and the System will NOT accept responses after the Solicitation Responses Due Date and Time specified in the Timeline.
The Response must be accurate, complete, and submitted in the MyFloridaMarketplace Sourcing Tool, or as otherwise provided in the solicitation documents, by the date and time specified on the Timeline or the Response shall be deemed non-responsive.
3.8.2 Price Instructions for Responses
Prices will be submitted in the category locations and formats provided in the Price Sheet, Section 7.1, as described and / or referenced within this Section, 3.8.1.
All Prices will be in U.S. Dollars, whole ($USD; e.g., $999.999); all Discounts shall be a positive Percentage to the one-hundredth decimal place (%; e.g., 99.99%); and all Dates will be in full standard numerical format (e.g., ##/##/####). The Respondent agrees and confirms that the prices (net after discount, as applicable) offered do not exceed the online posted prices.
The Price Sheet, Section 7.1, will be submitted to the Department electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.8.1 of the solicitation. Failure to properly submit or provide a compliant Section 7.1, Price Sheet, with the Response may result in the Respondent being deemed non-responsive.
3.8.3 Ordering Instructions
Respondent shall submit one (1) completed Ordering Instructions Form (contained within Section 7.2, Ordering Instructions) with their Response identifying persons responsible for answering questions about the Response and administering the Contract, if awarded, and shall provide information necessary for placing orders and remitting payments under the Contract, if awarded. The Ordering Instructions Form will be submitted to the Department electronically using the MyFloridaMarketPlace Sourcing Tool, per Section 3.8.1 of the solicitation.
Please note: During the term of the Contract, these ordering instructions are subject to modifications in accordance with Section 5.4 of this solicitation.
Failure to provide the Ordering Instructions Form with the Response may result in the Respondent being deemed non-responsive.
3.8.4 Qualifications
1. Experience: Each Respondent shall describe its organization and general background. The description should include information on the organization’s size, recent sales history, and service philosophy and complaint resolution process. Include your organization’s policies and procedures. Identify and include the resumes of key management personnel and other employees assigned to this contract in the event of an award. 2. Litigation: List any litigation or disputes relating to the required services of this RFP within the last five years. Include entity/project name, timeframe, and the nature of litigation. Specifically identify any pending or active litigation.
3. Financial Status: Each Respondent is required to provide information regarding its financial and industry standing and strength in order to demonstrate that it is financially stable, in good standing with creditors, and has the resources necessary to perform the services outlined in this RFP on a state-wide and/or regional basis. The State requires each Respondent to provide a Supplier Qualifier Report (SQR) prepared by Dun & Bradstreet (D&B), in accordance with the instructions below. The SQR is a standard report that details financial and operational capabilities. This report must be submitted to the Department prior to the proposal opening date and time. Each Respondent will be responsible for the cost and timely submission of this report. The prospective Contractor will request the SQR from D&B at: https://sor.dnb.com/sor/jsp/forms/SOF.jsp?SORTAG1=JQ37hS4r&SORTAG2=j58Gjk4x
(A) Enter the RFP number in the text field entitled “Enter your RFP Number” and select “Submit.” (B) Enter your company’s Dun Number. (If you don’t know your company’s Dun number, you may use the search feature to find it.) (C) Confirm Registration (D) 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.
(E) If your company is not eligible for a Dun and Bradstreet report (privately held), please include financial statements for the last three years, in accordance with Generally Accepted Accounting Principles.
4. Certifications and Insurance: Each Respondent is required to provide information regarding its professional certifications and insurance coverage, and to include copies of all such certifications.
5. References: (Attachment 8.4): Respondents shall provide with its proposal a minimum of three (3) references, with one (1) of the references from governmental entities. Reference Questions (Attachment 8.5).
6. Current Facilities: Each Respondent shall describe its current facilities or a description of its proposal for facilities which demonstrate the ability to perform the contract in both the short and long term.
7. Ability to Perform: Each Respondent shall describe its ability to perform the requested services, beginning on July 1, 2011. Respondents shall also provide plan to implement the services necessary for this RFP.
3.8.5 Price: Each Respondent is required to provide Pricing as indicated in Section 7.1 – Price Sheet. Alterations or changes made to the format of the document may be rejected as non- responsive.
3.9 Evaluation Criteria
The Department shall evaluate eligible responsive offers. Responses that do not meet all requirements of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of a Contract may be rejected as non-responsible. The Department reserves the right to determine which Responses meets the requirements, specifications, terms, and conditions of the solicitation, and which Respondents are responsive and responsible.
Respondents will be scored on a point system. The maximum possible score is 150 points. The Capabilities section accounts for a maximum of 60 points, which will be scored by the Evaluators. The Pricing section accounts for 90 possible points. This section will be calculated by the Procurement Officer according to the weighted scale in 7.1, Pricing Sheet. Below is a breakdown of the scoring system:
Qualifications (Possible 60 points) – To be scored by the Evaluators Range Experience 0 – 5 pts Litigation 0 – 5 pts Financial Status 0 – 5 pts Certifications/Insurance 0 – 5 pts References 0 – 10 pts Current Facilities or ability to fulfill requirements in all areas indicated 0 - 15 pts Respondents ability to perform requirements by July 1, 2011 0 – 15 pts Pricing (possible 90 points) – To be calculated by the Procurement Officer Pricing (On a weighted Scale Section 7.1 – Price Sheet) 0 – 90 pts Total (possible 150 points)
For each category above, Evaluators should assign the highest number of points to the vendor determined to be most qualified. If more than one vendor is determined to provide an advantage for the state, it is permissible to provide the same number of points to more than one vendor per category.
3.10 Ranking of Proposals and Basis for Award
The Department anticipates making a single or multiple contract awards based on responses provided. The responses shall be evaluated based on total points scored. The Respondents with the highest amount of points scored shall be awarded. Multiple awards may be awarded if a Respondent’s score is within 10% of the highest score. The Department reserves the right to award to either a single or multiple Respondents to meet the needs and to serve the State of Florida’s best interest.
The Department reserves the right to make awards as determined to be in the best interest of the State of Florida, and to accept or reject any and all responses, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State of Florida’s best interest.
Respondents not meeting the qualifications will be deemed non-responsive and will not be considered for promotion (advancement) to evaluation, or any subsequent contract award. Section 7.9 - Respondents Affidavit of Services certifies that each Respondent can satisfy the following criteria in addition to any other specified in the solicitation documents. Failure to supply this information if requested shall result in disqualification of your response.
3.11 Renewal and Firm Pricing
Before expiration of the Mail Services Contract, the State may, at its discretion, renew this contract for an additional period of one (1) year. Therefore, the pricing proposed by the Respondents should be based on a three year pricing structure to continue during the full term of any contract, including any renewal. 3.12 State Objectives
Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent shall submit plans addressing each of the State’s five (5) objectives listed below, to the extent applicable to the items / services covered by this solicitation.
3.12.1 Diversity
The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.
The State is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the State is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the State’s procurement process as both Contractors and Sub-Contractors in this solicitation. Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation.
The Respondent shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises.
Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:
http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.
Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE Contractors (agents or Sub-Contractors) as a result of any award shall be provided to the Agency Purchasing Office by the Prime Contractor on an Agency by Agency (or other Eligible User) level.
3.12.2 Environmental Considerations
The State supports and encourages initiatives to protect and preserve our environment. The 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, Florida Statutes. 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.
3.12.3 Certification of Drug-Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida’s Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie responses are received, one preference shall be given to a response received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program using the Certification of Drug- Free Workplace form included in Section 7.6 of the solicitation. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation.
3.12.4 Products Available from the Blind or Other Handicapped (RESPECT)
The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org.
The Contractor shall describe how it will address the use of RESPECT in offering the items of the solicitation.
3.12.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)
The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com.
The Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation.
3.13 Lobbying
Please reference Section 2.21, Limitation on Vendor Contact with Agency during Solicitation Period. Respondents are advised that the following will be included in the Contract for these services: In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency.
3.14 Confidential, Proprietary or Trade Secret Materials (This section supersedes and replaces section 2.19 of this Solicitation).
The Department takes its public records responsibilities as provided under Chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If Respondent considers any portion of the response to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, Respondent must also simultaneously provide the Department with a separate redacted copy of its reply and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the Respondent on the cover, and shall be clearly titled. This Redacted Copy shall be provided to the Department at the same time Respondent submits its response and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. The Respondent shall be responsible for defending its determination that the redacted portions of its Best and Final Offer are confidential, trade secret or otherwise not subject to disclosure. Further, Respondent shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Respondent’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.
If Respondent fails to submit a Redacted Copy with its response, the State is authorized to produce the entire documents, data or records submitted by Respondent in answer to a public records request for these records. Copyrighted material will be accepted only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff, agents and public record requests. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes.
[The remainder of this page is intentionally left blank (other than footer information).] Section 4.0 General Contract Conditions [PUR1000 (10/06)]
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 Contract Specialist documentation identifying the proposed: A.I.1. Starting and ending dates of the promotion A.I.2. Products involved, and A.I.3. Promotional prices compared to then-authorized prices. A.I.3.A. Promotional prices shall be available to all Customers. A.I.3.B. 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: A.I.1. The volatility is due to causes wholly beyond the Contractor’s control A.I.2. The volatility affects the marketplace or industry, not just the particular Contract source of supply A.I.3. The effect on pricing or availability of supply is substantial. A.I.4. The volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.
4.5 Additional Quantities
For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation.
4.6 Packaging
Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer’s property.
4.7 Inspection at Contractor’s Site
The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.8 Safety Standards
All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution.
4.9 Americans with Disabilities Act
Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals.
4.10 Literature
Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
4.11 Transportation and Delivery
Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension.
4.12 Installation
Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor’s authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order.
4.13 Risk of Loss
Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product.
4.14 Transaction Fee
The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System (“System”). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are 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 witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor’s suspension or debarment.
4.19 Indemnification
The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer’s misuse or modification of Contractor’s products or a Customer’s operation or use of Contractor’s products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor’s opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties.
The Contractor’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor’s prior written consent, which shall not be unreasonably withheld.
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 ensure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract.
4.34 Contractor Employees, Subcontractors, and Other Agents
The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida.
4.35 Insurance Requirements
During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida.
4.36 Warranty of Authority
Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract.
4.37 Warranty of Ability to Perform
The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract.
4.38 Notices
All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice.
4.39 Leases and Installment Purchases
Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes.
4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)
Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com.
4.41 Products Available from the Blind or Other Handicapped
Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org.
4.42 Modification of Terms
The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor’s order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions.
4.43 Cooperative Purchasing
Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State.
4.44 Waiver
The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer’s right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.
4.45 Annual Appropriations
The State’s performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature.
4.46 Execution in Counterparts
The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
4.47 Severability
If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect.
[The remainder of this page is intentionally left blank (other than footer information).] Section 5.0 Special Conditions
5.1 Definitions
5.2 Period of Agreement
5.3 Internet Posting
5.4 Ordering Instructions Information
5.5 Use of Subcontractors
5.6 SLAs Pricing and Terms
5.7 Liquidated Damages
5.8 Contractor Events of Default
5.9 State Remedies
5.10 State Event of Default
5.11 Direct/Purchase Orders
5.12 Price Adjustments
5.13 Quarterly Spend Summary Reports
5.14 Transaction Fee Reports
5.15 Lobbying
5.16 Compliance with Laws
5.17 Personnel E-Verify Requirements
5.18 Purchasing Card Program
5.19 Single Point of Contact
5.20 Insurance Requirements
5.21 Environmental Standards
5.22 Electronic Invoicing
[The remainder of this page is intentionally left blank (other than footer information).] 5.1 Definitions
The Definitions found and referenced in the General Contract Conditions [PUR1000 (10/06)], Section 4.1, and the Definitions found and referenced in Section 3.3, Definitions, shall apply to this Section 5.1, Definitions.
5.2 Period of Agreement
The State Term Contract shall be in effect beginning on the Contract Formation date, per Section 2.17, and end June 30, 2013. This agreement has the option to renew for one (1) additional year, or any portion or portions thereof. Renewal is contingent upon satisfactory performance by the Contractor and will not be subject to pricing or discount adjustments.
5.3 Internet Posting of Authorized Lists
During the Contract Period of Agreement, Section 5.2, the Department shall maintain on the internet a working copy of the complete Contract, including, but not limited to, Section 7.1 & 7.2, Price Sheet & Ordering Instructions, in accordance with the prices, discounts, requirements, specifications, terms, and conditions of the Contract.
The Contractor agrees to not maintain, publish, provide, or allow discovery of competing, conflicting, unofficial, unauthorized, or non-Department approved contract similar documents to or by State Agencies or Eligible Users.
5.4 Ordering Instructions Information
The Ordering Instructions will be contained or referenced via a link from the individual Line No.’s Organization Name field in the Section 7.2. User will be able to click on the specific link for the associated Ordering Instructions. This information shall include, but not be limited to, the Contractor’s Organization Information, the Contractor’s Representative Information, the Contractor’s Remit-To Information, and a list of Department maintained instructions to assist State Agencies and Eligible Users in placing orders under the Contract.
It is the Contractor’s responsibility to notify the Department of any updates to organization information, relevant personnel, and contact information contained in the Ordering Instructions. The Contractor shall notify the Department of a requested change to the Ordering Instructions in writing (email is acceptable) and received by the Contract Manager no later than five (5) business days prior to the effective date of the proposed change. The Department may accept or reject any proposed change within seven (7) business days of receipt of requested change or may unilaterally amend the Ordering Instructions as it deems is in the best interest of the State and / or will best assist State Agencies and Eligible Users.
Please Note: Any changes to the Ordering Instructions will also require the Contractor to appropriately update their vendor registration in the State of Florida Vendor Registration System (Vendor Information Portal (“VIP”): https://vendor.myfloridamarketplace.com/).
5.5 Use of Subcontractors
The Contractor shall not delegate any of its duties or responsibilities under this RFP or any resulting order to any subcontractor without prior written consent of the State Contract Manager and the Agency. Contractor acknowledges that Mail Services requirements may require strict security guidelines due to the confidentiality and sensitive materials processed; therefore, it may be prohibited by federal and or state regulations from allowing any employee, representative, agent or subcontractor of the Contractor to work on site at the Contractor’s premises or Contract, to include but not be limited to a processing facility, warehouse or storage, vehicle operation or other facilities. Therefore, Contractor shall not assign any employee, representative, agent or subcontractor that appears to or actually conflict with any of these requirements.
5.5.1 Employees
1. Neither Party shall be deemed a joint employer of the other’s employees, each Party being responsible for any and all claims by its employees. Neither Party’s employees shall be deemed “leased” employees of the other for any purpose.
2. The Contractor shall be responsible for the acts or omissions of all subcontractors used by the Contractor in the performance of services during the term.
3. During the term of this Contract, the Contractor shall not knowingly employ, subcontract with, or sub-grant to any person (including any non-governmental entity in which such person has any employment or other material interest as defined by Section 112.312(15), Florida Statutes) who is employed by the State or who has participated in the performance or procurement of this Contract, except as provided in Section 112.3185, Florida Statutes.
5.6 SLAs Pricing and Terms
The intent of this solicitation is to establish competitive mail processing ceiling rates for the State of Florida. Any State agency or Eligible User has the right to negotiate lower pricing based on their agency’s needs as set forth in their SLAs. The Awarded Contractor’s pricing shall never be higher than the rates established, and will comply, at a minimum, with the terms and conditions stated in the State Term Contract.
5.7 Liquidated Damages
Time is of the essence in performing the Contract; this is true generally and particularly with respect to the Services identified under this Contract. The Contractor acknowledges that untimely performance or other material noncompliance will damage the state, but by their nature such damages are impossible to ascertain presently and will be difficult to ascertain in the future. The issues involved in determining the amount of damages will be multiple and complex, and will be dependent on many and variant factors, proof of which would be burdensome and require lengthy and expensive litigation, which the Parties desire to avoid. Accordingly, the Parties agree that it is in their best interests to agree upon a reasonable amount of liquidated damages, which are not intended to be a penalty and are solely intended to compensate for unknown and unascertainable damages. Contractor shall be required to pay liquidated damages to any agency for non-timely processing of mail set forth by either the State Term Contract or any SLAs that are in place.
If liquidated damages are imposed upon the Contractor, the Contractor shall remain responsible for payment of those damages and shall not build such costs into any prospective request for pricing adjustment(s) based upon claimed annual cost increases or otherwise pass the costs of those damages back to the state. Standard liquidated damages will be assessed at the following rate for processing failure: LIQUIDATED DAMAGES
$ 500.00/day for up to 2 days, cancellation of contract after 3 Failure to Perform Mail Services days Failure to Process Mass Mailings $1.00 each late mail piece Timely Failure to Inform of System Failure $ 1, 000.00/ incident Failure to Demonstrate Disaster $1, 000.00/ per day - ongoing. Preparedness/ Recovery Failure to Meet USPS Delivery $ 100.00/day for deliveries not made by the next mail run. Standards Failure to Meet Common Carrier Overnight Express Parcels up to $ 100.00/day for deliveries not made by the next mail run. 40lbs. Failure to Return Mail that is deemed as undeliverable, damaged, $ 100.00/day for deliveries not made by the next mail run. or incorrect within 24 business hours. Damage to titles, business licenses, or professional licenses, if damaged $1, 000.00/ per day/per piece - ongoing. pieces are not returned to issuing agency within 24 business hours. Communication to Agencies of $1,000 for each incident of work stoppage longer than 2 hours Electrical Outages causing delays to that are not reported appropriate agencies production. Failure to Service Mail Stops $10/ missed stop and $250/ workday of missed stops Failure to Meter & or Sort Mail $1 per missed piece of mail. Failure to Pickup Warrants $ 500.00/ day Failure to Maintain Mandatory $1000/ Monthly or Quarterly Reports Failure to Ensure Security of $5000 for each incident of security breach. Warrants Failure to return calls or emails $50 fine each occurrence. within Four (4) Business Hours Failure to keep updated Key Personnel Contact Listing with $100 per occurrence Agencies and Contract Manager
5.7.1 Other Provisions Related to Liquidated Damages
This section provides some methods that are, and are not, available that may be used by contractor(s) to possibly avoid situations that would lead to potential liquidated damages. This section, however, does not list all possible methods.
1. Full Rate Postage - Under no circumstances shall full rate postage be allowed to be charged to an agency to avoid liquidated damages. Full rate postage may be utilized to avoid liquidated damages only if the additional charges over a 3 digit sort rate are paid by the contractor.
2. Formal written authority to allow a delay between the Contractor, Agency Administrator, and DMS Contract Manager – Section 7.7- Delay Notification Form shall be submitted to the Agency Contract Administrator and must be approved by the agency Contract Administrator within 8 hours of agreed performance completion of that individual project. The Delay Notification Form shall be signed by both parties and must also be sent to the Contract Manager deemed in Section 3.1 for record, whether approved or rejected.
3. Back up Locations – Contractor shall be able to utilize an alternate location or subcontractor at no additional costs to the State or the agencies. All backup locations and/or subcontractors SHALL retain the same security standards, background checks, and processing abilities as the awarded contractor(s). Full liability shall still be retained by the awarded contractor(s) and assessed penalties shall still be the direct responsibility of the awarded contractor(s).
1.I.I. Transportation and other charges shall be the full responsibility of the Contractor(s). 1.I.II. Additional time or financial requirements shall be the responsibility of the awarded contractor(s).
5.7.2 Other Provisions Related to Agency Service Level Agreements (SLAs) pertaining to Liquidated Damages
An Agency’s SLA may supersede Section 5.7 Liquidated Damages. However, if any item/category is not specially addressed in the Agency’s SLA, which is listed in section 5.7, then section 5.7 liquidated Damages shall be the default amount for that particular item/category. Liquidated damages may be enforced by DMS if any failures listed in Section 5.7 are not communicated to the Contract Manager identified in Section 3.1.
5.8 Contractor Events of Default
Any one or more of the following events shall, after the required notice(s) and opportunity to cure, constitute an “Event of Default” on the part of Contractor hereunder. The following list is not all inclusive:
5.8.1 Payment
The failure of Contractor to pay any sum of money required by the agency hereunder within ten (10) business days after receipt of written notice from the Department or State Agency that the sum is due will constitute a breach of contract and can be terminated by the state or the agency.
5.8.2 Performance
Any non-performance provided by the Contractor, which is not cured within a specified period after receipt of written notice thereof by the State shall constitute a default; provided, however, if such obligation is of a nature that it could not reasonably be performed within the specified time, at the State’s discretion, may be extended so long as Contractor institutes satisfactory performance and thereafter diligently and continuously pursues satisfactory performance. Examples of non-performance include, but are not limited to the following: 1. Contractor failure to provide services; or 2. Contractor employment of unauthorized aliens in the performance of the work; or 3. Contractor failure to perform such work as may be rejected as unacceptable and unsuitable; or 4. Contractor discontinues the performance of the work; or 5. Contractor fails to resume work that has been stopped for a period of time by the agency within 4 business hours after notice to do so; or 6. Contractor abandons or performs partial projects without prior approval; or 7. Contractor fails to promptly pay any and all taxes or assessments imposed by and legally due the State or federal government; or 8. Contractor makes an assignment for the benefit of creditors without the approval of the State; or 9. Contractor made or has made a material misrepresentation or omission in any materials provided to State; or 10. Contractor fails to comply with any other material requirements of this Contract 11. The Contractor has committed multiple breaches of the Contract or a Statement of Work, whether or not cured, that have had an aggregate or cumulative adverse effect comparable to that of a material breach of the Contract or Service Level Agreement; or 12. Contractor fails to maintain the required insurance; or 13. The Surety executing a bond used to secure the Contractor’s performance of its obligations hereunder, for any reasonable cause, becomes unsatisfactory in the opinion of the State as reasonably determined 14. Contractor subcontracts any portion of work without prior approval of the State or Agency; or Contractor employs of felons in the performance of the work; or 15. The Contractor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by Contractor in performance of the Contract and not otherwise deemed confidential, proprietary or a trade secret 5.9 State Remedies
Upon the occurrence of an “Event of Default” on the part of the Contractor, the State is entitled to one or all of the following remedies:
Equitable Relief:
1. Monetary Damages for non-performance or other breach of contract unrelated to activities associated with liquidated damages (including any re-procurement costs).
2. Termination of Contract. If an Event of Default has occurred, and is not timely cured, and if the State elects to terminate this Contract, then the State shall provide the Contractor with written notice (“Termination Notice”) evidencing its intent to terminate the Contract in whole or in part with respect to Agencies that are individually affected by the Event of Default pursuant to this subsection and reciting that the State intends to pursue termination of the Contract if the Event of Default is not cured.
If the State determines, in its reasonable discretion, that an Event of Default has occurred pursuant to this Section, the State will provide the Contractor with written notice of its determination, as well as a reasonable description of the Event of Default. In addition, the State will provide the Contractor with a reasonable period of time to cure the Event of Default (the “Cure Period”). If the Contractor fails to cure the Event of Default, the State may terminate the Contract, in whole or in part, immediately upon expi- ration of the Cure Period or at any time thereafter by providing written notice thereof to the Contractor.
At its option, the State may require the Contractor to submit a corrective action plan to correct or re- solve an Event of Default under this Contract. The corrective action plan must provide: 1. A detailed explanation of the reasons for the cited Event of Default; 2. An assessment of the cause; and 3. A specific proposal to cure or resolve the Event of Default.
The corrective action plan must be submitted by the deadline set forth in the request for a corrective ac- tion plan. The corrective action plan is subject to approval by the State, which will not unreasonably be withheld.
5.10 State Event of Default
The State’s failure to perform or delay in performing any of the its responsibilities under this Contract will not constitute grounds for termination of the Contract or a Service Level Agreement by the Contractor except for a failure by the State to timely pay amounts due and owing after a reasonable time to cure.
5.11 Direct/Purchase Orders
Under the Contract, Eligible Users may place orders using a Direct/Purchase Order or using a Purchasing Card Program, per Section 5.16. Direct/Purchase Orders issued by Eligible Users shall be in accordance with the Ordering Instructions contained within Section 7.2. Other Eligible Users shall have the option of utilizing the State Term Contract at the same prices set forth in Section 7.1 – Pricing Sheet.
5.12 Price Adjustments
Please Note: This is in addition to Section 4.4
Price may be adjusted at the time of each contract anniversary in correlation with the Producers Price Index (PPI) for Mail Services #491110, as published by the Bureau of Labor Statistics, in the Department of Labor, Washington, DC 20212. The rate adjustments will be based on the Non-Seasonally Adjusted PPI. This report can be accessed at www.bls.gov.
Contractor may request a service rate adjustment once per calendar year. The requested adjustment shall not exceed the lesser of the percentage change of the PPI (However, there will be a 3% CAP on increases in a calendar year) or 3% in the preceding twelve months prior to the adjustment. Price adjustments shall be effective only upon written approval by the Department, and shall not be applied retroactively.
EXAMPLE: Contracted Base Pricing set in 2011
In December 2011 Mail Services - X requests a % increase in contract prices, across the board. In the twelve months prior to December 2011, the PPI has risen 4%. Mail Services - X will only be allowed a price increase of up to 3%, or which correlates with the increase in the PPI.
The Price List (2011) will equal the Base Pricing (2011) + the 3% percent increase.
In December 2012 Mail Services - X requests a % increase in contract prices, across the board. In the twelve months prior to December 2012, the PPI has decreased 2%. Mail Services - X shall decrease the prices by 2%, or which correlates with the decrease in the PPI.
The Price List (2012) will equal the Base Price List (2011) + the 3% percent increase – (Minus) the 2% percent decrease.
Or The Price List (2012) will equal the Contract Base Pricing (2011) + (Plus) the 1% percent, which is the total increase since initial Contract Base Pricing (2011).
5.13 Quarterly Spend Summary Reports
The following data must be reported to the Department on a quarterly contract basis, all reports shall include the following:
1. Contractor’s Name
2. Reporting Period
3. Total dollar value of purchases per quarter separated by State Agency and Eligible User totals and separated by purchase order and p-card order total dollar values.
4. Total dollar value of purchases per quarter separated by product group.
5. Excel report itemizing total purchases for period that includes columns for the following information: manufacturer’s name, agency name, product number, item description, product group number, identify lease or purchase status, unit of measure, quantity, manufacturer list price, percentage discount taken and final purchase price.
6. Report will emphasize where the most significant purchase volumes are by product group.
Failure to provide quarterly spend summary reports, including no sales, within twenty-one (21) calendar days following the end of each quarter (January, April, July and October) and/or contract year may result in the contract supplier being considered in default and may constitute termination of the contract by State Purchasing.
EXAMPLE:
XYZ Vendor Name Corporation Fiscal Year 2011-2012 2nd Quarter
Contract Agency or Product Group Quantity Total Spend Number Eligible User Department of Management 991-530-12-1 Services Folding 50000 $$ Sorting 50000 $$ Inserting (Hand) 0 $$ Inserting (Automated) 50000 $$ Postage (3 Digit) 47000 $$ Postage (5 Digit) 14852 $$ ADC Postage 1862 $$ Per Stop Deliver/Pickup 95 $$ ????? County Inserting (Automated) 5220 $$ Postage (3 Digit) 255 $$ Postage (5 Digit) 2545 $$ Template provided for Upload in the Sourcing Tool.
1. Contractor shall report to Department the total spend with certified and other minority business enterprises in association with this contract.
2. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority Contractor utilized during the period, 0paid to each minority Contractor on behalf of each purchasing agency ordering under the terms of this contract.
Submission of the Quarterly Sales Summary Report is to be the responsibility of the Contractor without prompting or notification by the Contract Manager. The Contractor will submit the completed Quarterly Sales Summary Report forms by email to the Contract Manager declared in Section 3.1.
5.14 Transaction Fees and Reports
The Contractor is also required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Contractor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at http://dms.myflorida.com/mfmp). Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at [email protected] or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time.
The 1% transaction fee shall not apply to the payments made to vendor for the pass through costs of postage that the contractor pays directly to the United States Postal Service. All other payments made to vendor under this contract are subject to the 1% transaction fee.
Please Note: - Contractor is required to provide copies of the Contractor’s postal charges and invoices from the United States Postal Service charges for all state agencies serviced. This information must be submitted to the Contract Manager identified in Section 3.1 with quarterly reports identified in Section 5.13.
5.15 Lobbying
In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. This restriction does not apply to requests of the Contractor to provide any information relating to any aspect of this Contract, if requested by any legislative, judicial, or executive branch, or any State Agency.
5.16 Compliance with Laws
The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non- exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. Violation of such laws shall be grounds for Contract termination. 5.17 Personnel E-Verify Requirements
Employment Verification : Contractor agrees that it will enroll and participate in the federal E-Verify Program for Employment Verification under the terms provided in the “Memorandum of Understanding” governing the program. Contractor further agrees to provide to the Agency, within thirty days of the effective date of this contract/amendment/extension, documentation of such enrollment in the form of a copy of the E-Verify “Edit Company Profile” screen”, which contains proof of enrollment in the E-Verify Program (this page can be accessed from the “Edit Company Profile” link on the left navigation menu of the E-Verify employer’s homepage). Contractor further agrees that it will require each subcontractor that performs work under this contract to enroll and participate in the E- Verify Program within ninety days of the effective date of this contract/amendment/extension or within ninety days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the E-Verify Program and make such record(s) available to the Agency upon request. Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Agency or other authorized state entity consistent with the terms of the Memorandum of Understanding.
5.18 Purchasing Card Program
The State of Florida has implemented a purchasing card program, using the Visa platform. Contractors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. The State reserves the right to change the platform as necessary. The State will not fill out any contractor forms or contracts in association with the Contractor accepting a purchasing card payment. Contractors are not allowed to charge a fee for accepting a purchasing card payment. Surcharges or convenience fees are prohibited. Fees shall not be charged for using a purchasing card unless the fees are charged for all methods of payment (cash, check, debit cards, vouchers, etc.), and must be approved by the Customer prior to order acceptance.
On-line billing or payment systems maintained by the Contractor will not store the card holder’s account number and expiration date for re-use. Card holders will provide the Contractor with card account information at each transaction.
5.19 Single Point of Contact
Awarded contractor(s) shall have a single point of contact for customer support. This individual may support multiple Eligible Users and respond to Eligible User calls and/or emails within Four (4) Business Hours as referenced in Section 5.7. Customer Support contact information shall be provided on the Ordering Instructions form. The Contractor(s) shall make all Eligible Users of the contract aware of its existence at the time of order to ensure that contractual pricing is utilized.
5.20 Insurance Requirements
Within ten (10) calendar days after date of award on certification of contract document, contractor shall provide the Department with a certificate of insurance. 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
5.20.1 COMMERCIAL GENERAL LIABILITY
Contractor shall secure and maintain commercial general liability insurance in a face amount of $1,000,000. The State shall be named as an additional insured in the general liability coverage policy. Each policy shall include ninety (90) calendar days prior written notice to the State of cancellation for any coverage.
5.20.2 Workers Compensation Insurance
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 in accordance with Chapter 440 of the Florida Statutes, with minimum employers' liability limits of $300,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any Contract work.
5.20.3 Automobile Liability Insurance
Contractor shall secure and maintain automobile liability insurance, including coverage for liability contractually assumed, which shall cover all owned, non-owned, and hired autos used in connection with this Contract. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be $1,000,000 for each occurrence-bodily injury and property damage combined.
5.20.4 Proof of Insurance
At the request of the Department or Agency, Contractor shall provide all relevant certificates and endorsements as proof of such insurance or proof of its ability to self-insure, including renewal or replacement evidence of insurance at least thirty (30) days prior to the expiration or termination of any insurance.
5.20.5 Self Insurance
For any insurance coverage required hereby, Contractor may use a self-insurance program, provided such program has received prior written approval of the State.
Insurance coverage as minimum liability:
Bodily injury $1,000,000 per individual Bodily injury $500,000 per accident Property Damage $1,000,000 Comprehensive Non Deductible Collision Non Deductible
5.20.6 Certificates of Insurance
Certificates of Insurance shall be in effect upon the day of Award through to the end of the contract. It is the Awarded Contractor’s responsibility to provide a current certificate and subsequent certificates prior to their expiration to the Department of Management Services Contract Administrator. The Department of Management Services, Division of State Purchasing shall post those certificates on the State Purchasing Web site with the contract.
NOTE: Certificates of Insurance shall be provided and the Certificate Holder’s Name(s) upon the certificates shall be:
Agencies & Eligible Users of the State of Florida C/O: Department of Management Services Division of State Purchasing, 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950
Providing and maintaining required insurance coverage is a material obligation of the contractor and is of the essence of the contract. The contract shall not limit the types of insurance contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract. All insurance policies shall be through insurers authorized to write policies in Florida.
5.21 Environmental Standards
The State supports and encourages initiatives to protect and preserve our environment. The Respondent shall submit as part of any response the Respondent’s plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Respondent shall also provide a plan for reducing and or handling of any hazardous waste generated by Respondent’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 Respondent’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of this waste.
Describe what efforts your company (as Contractor) will take to encourage the participation and support of these and other environmental programs.
5.21.1 Florida Climate Friendly Products
Contractors are encouraged to propose equipment that meet the Florida approved green product labels/standards.
Under the leadership of former Florida Governor Charlie Crist, the Department of Management Services (DMS) encourages the purchase of environmentally preferable products (EPPs) by Florida governmental entities where possible. Upon award, Contractors will be encouraged to submit a list of their qualifying products for review and posting to the Florida Climate Friendly Products List. The current list can be viewed at the following DMS website link:
http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/ state_contracts_agreements_and_price_lists/florida_climate_friendly_products_list
The Florida Climate Friendly Products List includes state contract approved products that have received one or more of the following certifications, labels, and standards:
California Energy Commission (CEC) Appliance Efficiency Regulations California Environmentally Preferred Products Guide California State Agency Buy Recycled Program (SABRC) Electronic Product Environmental Assessment Tool (EPEAT) Energy Star EPA Comprehensive Procurement Guidelines (CPG) EPA SmartWay and SmartWay Elite EPA WaterSense Forest Stewardship Council (FSC) Green Seal Greenguard MDBC's Cradle to Cradle Silver Certification (or higher) Minnesota Green Guardian EPP Guide NEMA Premium RoHS SCS (Scientific Cert. Sys.) / NSF International Terra Choice / Ecologo US Federal Energy Management Program (FEMP) USDA Organic Label
5.22 Electronic Invoicing
The Contractor shall supply electronic invoices in lieu of paper-based invoices for those transactions processed through the 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:
(A) 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. (B) 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. (C) 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 the Electronic Invoicing.
[The remainder of this page is intentionally left blank (other than footer information).] Section 6.0 Technical Specifications
6.1 Contract Objectives and Services 6.2 Customer Service 6.3 Contractor Requirements 6.4 Certifications and Authorization 6.5 Communication and Response Times 6.6 Confidentiality and Security 6.7 Courier and Inter-office Pickup and Delivery 6.8 Envelopes 6.9 Equipment 6.10 Facilities 6.11 Contractor Emergency Communication and Implementation Plan 6.12 Performance Bond 6.13 Postage 6.14 Printing and Copying 6.15 Processing 6.16 Production Volume 6.17 Reporting and Documentation 6.18 Staffing / Times of Operation 6.19 Storage/ Warehouse Inventory 6.20 Business Operations and Contract Commencement 6.21 Communication and Response Times 6.22 Turnaround Times 6.23 Pickup Schedules and Locations 6.24 Postage 6.25 Postage Reimbursement 6.26 Inspection at Contractor’s Sites 6.1 Contract Objectives and Services
The main contract objective is the ability of the awarded contractor to provided comprehensive mail processing services to all state agencies, if required. The ability to provide processing of an average volume between 5,000,000 and 7,000,000 pieces of mail per month or 200,000 to 250,000 pieces of mail per day.
6.1.1 Contract Objectives: 1. Consolidate and leverage enterprise-wide volume 2. Consolidate and reduce the supply base 3. Designate preferred suppliers 4. Improve value received short- and long-term 5. Provide full and complete coverage of State needs and responsibilities to our constituents. 6.1.2 Awarded Contractor Any Awarded Contractor shall have the ability to contract with the State of Florida and its individual agencies to perform the following service requirements: (Please note that each agency may have other specific requirements that are not addressed in this solicitation but the awarded vendor must also be able to perform.) 1. Intra/inter-office mail courier services delivery and pickup (most 2x per day) 2. Availability of cargo vans to transport pallets and Intra/inter-office mail 3. Full or Part time Contractor personnel located at an Agency on a daily basis. (Example: Currently AWI has three (3) full time personnel in their buildings) 4. Automated or by hand inserting and folding of mail 5. Printing of mail by laser or roll printing. Agencies may provide mail by electronic submission or via hardcopy 6. Presorting of Letters, Flats, Postcards, and Boxes as needed 7. The handling of warrants securely and the ability to store all warrants (checks) in a secured location when not being processed 8. Secure handling of Licenses and ability to store Licenses in a secured locked area when not being processed. 9. The ability to handle varying quantities of mail daily throughout the term of the contract without rejecting work that is required by the State 6.1.3 Standard Services Respondent’s proposal shall include the following standard obligations at no additional costs, as these following duties are those that are required for any Vendor to accomplish this form of services: 1. Picking up and delivering to the local United States Post Office at the given times as required by the Agency users. 2. Transportation of incoming mail and outgoing mail to and from the Vendor’s processing site to Agency users’ sites. 3. Proper inventory Management of State’s supplies 4. Postage Metering 5. Contractor shall hold up front the cost of postage (Postage shall be paid in Arrears) 6.2 Customer Service
The Contractor may be required to provide mail courier services (intra/inter-office mail), within the same city or geographic region. This service will be specific to an Agency and shall be made part of the Agency SLA at an agreed upon cost. Rates shall be in accordance with the price schedule found in Section 7.1 – Price Sheet.
Other locations may be added to the SLA with the consent of the Contractor. Any additional costs associated with the locations shall also be amended.
Pricing for courier services are on a per stop basis no additional charges, including mileage, shall be accepted. At no time shall addition time and or cost be transferred to the agency for any reason including for inadequate routing.
The Contractor and Agency shall work closely together for training and the establishment of processes needed to ensure mail pieces are ready for processing on high-speed equipment and shall strive to do the following:
Contractor:
1. Contractor shall work closely with the agencies and DMS State Purchasing Contract Manager stated in Section 3.1, to promptly resolve all contractual and Agency concerns, issues or complaints.
2. Contractor will meet with Agency focus groups to ensure their needs are met and agencies are provided with information to take advantage of all in-house and external services.
3. Contractor will address all problems, concerns and disagreements regarding the performance of services provided to the satisfaction of the Agency and DMS.
4. Contractor shall facilitate the capability for the Agency to request a purge of certain mail pieces before mailing. The Contractor will deliver and manifest purged pieces back to the Agency within 24 Business Hours.
5. Contractor shall design and provide a procedure manual to all user agencies within 30 days of the contract award date and will update on an ongoing basis as needed.
6. Contractor shall monitor any overnight courier performance and meet with representatives to ensure Agency is receiving contracted service levels, upon request of the agency.
7. Contractor acknowledges that there will be occasions when the Agency will be required to generate large volume mailings where the volume will exceed the historical norm. The Contractor shall accommodate these single event mailings within the scope of the contract.
8. In the event the Contractor cannot meet the volume, for whatever reason, the Contractor shall immediately notify the agencies affected and provide remedies and alternatives.
9. Contractor shall provide a copy of their existing “Interruption in Operations Plan” and an “Emergency Operations Plan” with this RFP. These plans shall specifically address the de- tailed processes and procedures in place to accommodate any interruption in operations on a short-term or long-term basis. Each Agency has a Continuity of Operations Plan (COOP PLAN) which will be shared with the Contractor. Together, the Contractor and Agency will design a plan of action which will become part of the SLA. Contractor shall provide a feasi- ble Disaster Preparedness Plan.
10. In the event of Pre-sort machine downtime, the Contractor shall notify the Department's Contract Manager listed in Section 3.1 and affected agency Contract Administrator within one (1) hour of machine failure by electronic mail.
NOTE: MACHINE FAILURES, FOR ANY REASON, DO NOT CONSTITUE FULL RATE POSTAGE TO COMPLETE ASSIGNMENTS ON TIME.
Contractor shall be required to provide alternate processing facilities to complete required work within the given time period at presort rates, pay for additional postage or pay liquidated damages for the performance failure.
11. Contractor will ensure mail addressed with barcodes will use the current USPS 11-digit bar- code. Barcodes will be printed within the OCR area and meet USPS physical requirements.
12. In the event an Agency’s Continuity of Operations Plan or COOP Plan is activated, all services contracted will be provided at the Agency’s alternative designated location at the same rates then in effect. The Contractor shall be responsible for transferring any of the Agency’s inventoried supplies/materials to the Agency’s alternate location.
13. Respondents shall submit with bid and maintain an accurate Key Personnel Contact List as shown in Section 7.8. All updates must be made with the Contract Manager as listed in Section 3.1, within 25 days of any and all changes.
Agency:
1. Agency will make sure the return address information will appear on presort first class mail, when applicable. It will be located on the envelope per USPS requirements.
2. Agency will make an effort for address information to be printed in standard fonts and placed in the designated area. The area reserved by the USPS for OCR barcodes will be kept free of information, marks or logos.
3. Agency shall make an effort for relevant endorsements to appear on the mail – e.g. Presort First Class, Move Update or Presort Standard.
4. When applicable, endorsement text, meter amount and meter number may be printed leg- ibly on each piece of metered mail.
5. Efforts will be made by the Agency to separate mail by: class, Weight, Size and Mail Piece Style (regular envelope and self mailer).
6. Efforts will be made by the Agency to inspect mail pieces for processing to eliminate sta- ples, paperclips, metal pins and magnets before the mail is given to the Contractor.
7. The Agency will make every effort to provide as much advance notice as possible to notify the Contractor of larger volumes or additional projects/jobs. The Contractor and agencies will collaborate to schedule the work for smooth operations without rejection of work by the Contractor when large volume services are needed by the State. 6.3 Contractor Requirements
As stated in the introduction, the purpose of the RFP is to establish contract(s) “to provide secure and timely Mail Services to State of Florida Agencies and Eligible Users” in order to obtain the maximum level of service and economy for the State. This RFP requests proposals that demonstrate:
(A) USPS Authorization and ability to provide services in the following locations: Tallahassee, Jacksonville, Orlando, Tampa, Miami, and Pensacola, Florida. Other Florida locations will be evaluated for additional serviceable locations. Respondents must fill out Attachment 8.1- Contractor’s Service Locations (Areas Served)
(B) Mail Services in accordance with United States Postal Service and all state and federal laws pertaining to handling of Agency mail. (Including all applicable Certifications and Licensures)
(C) Mail Processing Services in Tallahassee/Leon County, FL and or other facility location(s) throughout the State; estimated service locations provided in Attachment 8.2
(D) Interoffice Courier Services in Tallahassee/ Leon County , FL and or other location(s) throughout the State; estimated service locations provided in Attachment 8.2
(E) Full or Part time Contractor personnel located at an Agency on a daily basis, as required.
(F) An ability by Contractor to provide a backup facility for emergency service related but not limited to the following events: Equipment Failure, Power Outages, Special Job Requests, or Acts of Nature.
(G) Contractor to provide immediate turn-key Mail Services, Mail-related Ancillary Services and Courier Services; in the event a Contractor cannot provide turn-key services, the Respondent shall be required to provide startup/ implementation and operations data for evaluation
(H) Equipment, Machinery & Vehicle Inventory and available resources at locations proposed
(I) Emergency Plan and Interruption of Operations Plans
(J) Employee/Staffing Base, Employee Coverage, Training and Certification Programs.
6.4 Certifications and Authorization
Contractor shall maintain all applicable USPS, federal and state certifications authorizations to provide mail services functions within the state of Florida, and other states, if applicable, for the life of any contract resulting from this solicitation.
6.5 Communication and Response Times
Upon contract execution and during the contract period, the Contractor and Agency shall meet to agree upon the SOW, SLA, expectations, lines of communication, and added response times. Response times shall be both the turnaround response time in processing mail pieces/jobs and actual time the Contractor is given to respond to the Agency for any communication. Due to same day processing requirements Contractor response time is imperative for effective processing, production, issue resolution and delivery to USPS.
Routine communications are required to include, but are not be limited to: inbound/outbound mail statements recorded daily, Proof of Mailing (POM’s) from USPS on a daily basis, mail pieces processed by mail type, size, weight, and class, Printing and Reprographics’ information, specific USPS Forms, Inventory Data, Postage Account data, and other activity reporting.
6.6 Confidentiality and Security
The Contractor shall implement security procedures and secured storage facilities to maintain and to secure warrants, licenses, stubs, and any materials required by the Agency for safe processing and such environment / area shall be restricted from public access. This information on the requirements are found in HR 107 - Background Investigations & Fingerprinting Requirements at the provided link:
http://www.dms.myflorida.com/agency_administration/administrative_policies_and_procedures_code _of_personal_responsibility/human_resources
Contractor staff performing Contract duties shall be subject to a FDLE or Agency required background check. Any costs or fees associated with the background check shall be at the sole costs of the Contractor. In no event shall the Contractor make available to the Agency, without prior written consent, any staff who has been convicted of a felony. All staff receiving court ordered restraining orders or law enforcement trespass warnings shall not have access to the Agency facility, building or premises.
Agencies may require scanning and testing of all incoming packages through bomb and or biological security protocols to be completed at FDLE upon request. Specific requirements will be stated under agency SLAs.
During the term of the Contract, the Contractor shall notify the Agency and the Contract Manager of any arrests, restraining orders or trespass warnings issued to the contractor staff to the extent permissible under law.
6.7 Courier and Inter-office Pickup and Delivery
Courier Services currently includes the pickup and delivery of mail, inter-office mail, with varying frequency of daily and weekly pickups and deliveries, within the Tallahassee/ Leon County, FL area, and other areas within the state as found in Section 8.2, User Agency Locations and Courier Service Routes, provides the estimated locations served. This listing is provided as a guide only; any future SLA(s) may include different locations serviced.
Contractor shall provide and manage inbound and outbound courier services as requested by an Agency to ensure timely pick up and drop off according to its most current courier schedule; all services shall be scheduled to meet the USPS daily deadlines for mail processing.
(A) Pickup/Sort/Deliver incoming mail from USPS.
(B) Contractor shall pick-up stamped/unstamped mail from customer for appropriate processing at Customer’s facility and shall provide timely delivery to USPS. (C) Should the Contractor's employees fail to pickup, deliver or complete the courier services, due to either staffing or vehicular issues, the Contractor must immediately dispatch within (1) one hour, replacement drivers or vehicle(s) to perform the duties.
(D) Pickup/delivery of all mail, first class letters, and flats shall be no later than the next scheduled mail run.
(E) Pickup/delivery of USPS Express parcels shall be no later than the next scheduled mail run.
(F) Pickup/delivery of publications (standard mail) shall be on the same day it is received from the mail center.
(G) Pickup/delivery of all accountable mail (USPS certified mail, Express Parcels, and packages, e.g., FedEx or UPS) shall be on next scheduled mail run after receipt and processing.
(H) The Contractor will electronically manifest Accountable Mail. Signatures will be obtained from the recipient or departmental contact.
(I) All returned mail (Undeliverable as Addressed - UAA mail) will be sent back to the originating mail location within 24 Business Hours.
(J) Agency shall provide mail pickup/delivery locations, number and scheduling of pickups/ deliveries. Agency shall work with contractor for specific Agency protocol, signatures, and procedures.
(K) To ensure current and correct addresses are on file, the Agency shall provide updated employee locator lists to the Contractor on a monthly basis, unless otherwise specified by the Agency.
6.8 Envelopes
The State of Florida currently utilizes a State Term Contract (STC) with Envelope Products Group LLC, a Division of Cenveo Corporation, Contract No.: 310-000-07-1 for the purchase of envelopes. This is a mandatory purchase contract by state agencies.
The Agency may allow the Mail Services Contractor to purchase specific envelopes, with prior approval, from the STC; however, the Mail Services Contractor shall only purchase envelopes on behalf of the Agency for Agency use only and may only invoice the Agency at the envelope state contract rate as indicated by the Envelope invoice. The Contractor shall invoice the Agency for the exact cost; no additional charges, fees or shipping associated with the order shall be allowed. To receive reimbursement, the Contractor shall be required to provide the Agency the copy of the envelope order invoice.
6.9 Equipment
(A) Contractor shall furnish all equipment, vehicles and machinery necessary to provide Mail Services as listed in this solicitation. Equipment and machinery shall include, but not be limited to, all necessary equipment for mail processing, High Volume Inserters, High Volume Mail Sorters, Mailing Machines, Postage Meters, Folders, Cargo Vans/Vehicles, Postage Tracking Systems, Printing and finishing or office/mail furniture.
(B) Contractor shall be responsible for maintaining all equipment in good working order in accordance with the manufacturer’s specifications and/ or industry standard.
(C) Contractor shall provide all office equipment. The Contractor shall also be responsible for supplies at no additional cost to the Agency including, but not limited to, mail sorter addressing ink, meter ink, sorter mail tray tags and meter tape.
(D) The Contractor shall provide and be responsible for all appropriate vehicles, licensure, registrations, gasoline and maintenance of vehicles, and all associated costs with the operation of vehicles.
6.10 Facilities
(A) Contractor shall provide a fully operational facility in an off-site location unless on-site Services are negotiated with the Agency.
(B) On-site Mail Services may be a consideration in the future with the addition of State Contract Agencies, when allowed by such Agencies. Any on-site agreement, if applicable, would be negotiated directly with the eligible Agencies to determine the SOW, address payment and all costs associated, compensation structure and other contractual issues related to onsite operations.
(C) Contractor shall maintain workspace in a clean and safe condition.
(D) Agencies shall grant approved Contractor staff access to its common areas and mail service areas during normal working hours, including parking, where loading zone permits are not required.
(E) The Contractor shall be responsible for obtaining loading zone permits as necessary.
6.11 Contractor Emergency Communication and Implementation Plan
Contractor shall have in place a contingency plan to continue normal state operations in case of but not limited to:
(A) Equipment Failures
(B) Power Failures
(C) Weather Related Delays or Failures
These plans must include a fully functioning backup location to continue state operations at the same service levels and time requirements. The backup location can utilize a subcontractor as discussed in Section 5.5.
6.12 Performance Bond
If required, Contractor shall provide a performance bond if required by the Agency no later than 60 days after Agency contract commencement. The performance bond shall be issued by a bonding company acceptable to the Agency for the amount specified in the SLA and payable to Agency. In the event the Contractor fails to perform or default in the terms of this contract, the result may require calling for the performance bond up to termination of this contract.
6.13 Postage
(A) The Contractor shall maintain sufficient postage fund balances to process the mail. (B) The Contractor shall bill the Agency in arrears for postage funds used in each postage fund/ monthly billing cycle used in each USPS account.
(C) The Contractor shall provide daily, USPS 3600-RI forms, to be sent to requesting Agency, detailing the piece counts of mail sent and the postage costs applied to each piece.
(D) Flat Mail and Fat Mail (letter pieces weighing more than 3 ounces) may be processed mechanically or manually; the contractor shall use the appropriate process to qualify for the greatest applicable postage discounts in accordance with USPS presort discounts.
(E) Contractor shall provide management of postage inventory and internal charge back accounts in- cluding but not limited to, business reply and postage due funds.
(F) Contractor will also provide monthly reports indicating postage information by Agency, by type, classification, weight (i.e. 5-digit sort, 3-digit sort, mixed, full rate, first class, 1 oz., 2 oz., 3 oz.). The Agency may provide departmental budget codes to be entered into the mail metering system and Inserter meters for each piece of mail processed.
(G) Mail shall be processed to ensure that the greatest postage discount is obtained for each piece. Mail pieces shall be sorted on the initial pass while utilizing the Fast Forward feature; postage shall not be affixed until the sort is complete. Once the Contractor knows the applicable discount rate, (i.e. 5 digit sort, 3 digit sort, mixed rate) then the Contractor may affix the postage on the front of the envelope only.
(H) Under no circumstances shall the Contractor back stamp/meter a mail piece with additional postage, same date or otherwise. Mail pieces shall obtain the finest granular sorting to achieve the best available postage discount as priced by USPS for the applicable size, weight, and mail type.
(I) Postage issued/metered at rates less than the correct sort, or postage metered in error and or additional postage costs assessed as a result of the Contractor failing to meet the mail delivery deadlines to the USPS shall be at the sole responsibility and expense of the Contractor. The Agency shall not be charged additional postage or charged back postage as a result.
(J) The Contractor shall manage the postage inventory and internal charge back accounts including but not limited to, business reply and postage due funds.
(K) The Agency shall directly pay for postage, including any postage payment required for the private carriage of mail, for courier services outside of the scope of this contract, express mail fees, mailroom supplies (such as envelopes or boxes), and similar expenses. The Contractor shall provide supporting documentation of these expenses.
(L) “Blended or mixed rates” for USPS postage may only be allowed by an Agency if approved in advance and in writing by the Agency Contract Administrator and indicated as such on the Agency’s SLA. Reporting and invoice shall indicate blended and mixed rate mail pieces, quantities, price, and any other information required by the Agency.
6.14 Printing and Copying
Printing and Copying Services were previously offered under a STC. Agencies shall have the option to utilize this feature. (See Section 7.1-Price Sheet)
(A) Contractor shall provide the option of Printing/Reprographic Services which includes the printing/copying of documents processed in small batches or bulk. Finishing Services may also include specialized processing for print jobs, folding of documents, and special coatings on the paper.
(B) Contractor shall provide Direct Mail which is the printing and assembly of direct mail information. Direct Mail Samples may be requested from the Contractor prior to or after a print run; samples provided shall be produced on the specific machine in which the Direct Mail will be processed.
(C) Contractor shall provide Data Printing or Insertion which includes print to mail applications, printing of basic forms, folding and inserting into envelopes, applying postage and pre-sorting mail pieces.
6.15 Processing
All work performed under the Mail Services Contract shall be performed using the best practices methodology in accordance with all applicable laws, statutes and procedures in providing Mail Services and mail-related ancillary services.
Mail Services shall include but not be limited to the sorting, metering of mail, bar coding, processing of 1st class mail, postcard, flat, fat and standard mail both standard and non-standard sizes for domestic and international mail; mail pieces may be machine or hand-addressed, other services required under this Contract shall include but not be limited to:
(A) Contractor shall provide Agency and or USPS all applicable forms required for mail processing, to in- clude but not be limited to those specifically listed herein; agencies shall indicate specific forms to the Contractor if additional forms are required.
(B) When necessary to determine if a 5-digit or 3-digit discount applies, the Contractor shall sort the mail pieces in the initial run without applying postage; this run will allow for the Contractor to uti- lize the Fast Forward feature in correcting the mail piece with the updated address. In the event an Agency cannot mail using Fast Forward, the Contractor shall bundle the updated addressed mail pieces and return to the Agency. For all others, the cumulative Agency mail volumes shall be used to leverage the highest postage discount level available from USPS.
(C) Contractor shall ensure that the best possible class selection is chosen for all out-going mail based on cost, policy, timeliness, and delivery requirements. In no circumstances shall the Contractor charge more postage per mail piece than currently approved by USPS.
(D) Contractor shall recognize domestic and foreign addresses and at all times, assign the proper postage while providing the best rate to the state.
(E) Contractor will comply with all current and subsequent USPS rules, policies and procedures, as well as State and Federal statutes that apply to handling mail.
(F) All Certified and Registered outbound mall shall be processed and recorded daily by Agency.
(G) Contractor shall apply an eleven (11) digit delivery point barcode to 1-3 oz. First Class machine and hand-addressed letter mail. Mail will be passed through a MLOCR and RVE to achieve the highest postage discount level.
(H) All returned mail (Undeliverable as Addressed· UAA mail) shall be sent back to the originating program area/unit by the Contractor with 24 Business hours. (I) Permit Imprint Mail shall include pre-sorting the State’s Permit Imprint mail and delivering to the USPS for processing by the Contractor.
(J) Hand-addressed letter mail (1-2 oz.) may also require processing via manual or remote encoding. This hand-addressed mail will be processed by the Contractor at the same costs as that of the en- coded machine-addressed letter mail.
(K) Contractor shall receive and process high priority documents in combination with a standard United States Postal System (USPS) “Proof of Mail” form #3877 or a facsimile generated from the Agency within 24 hours of electronic receipt of all associated documents – e.g., Cancellations, Non-re- newals, Lapse Notices, and Rescission Notices.
(L) Contractor shall provide electronic copies USPS Form #3877 and/or facsimile authenticated by the USPS within 48 hours of completion.
(M) Contractor shall have sufficient capabilities to electronically transmit by File Transfer Protocol (FTP) validated USPS Form #3877 to a designated location(s).
(N) Periodically, an Agency may need to purge certain warrants before mailing which may occur at the Contractor’s mail center. Agency employees shall have access to the Contractor’s Mail Center to perform this function. After this function is performed, there are occasions where additional war- rants (usually a limited number) must be purged. Contractor staff will purge these and send the warrants back to the Agency requiring the purge. Contractor shall have established a process which the Agency can utilize. The Agency shall fax to the mail center, a form that instructs the Contractor as to which warrants are to be removed from the mailing. Contractor will remove the required war- rants and manifests them for delivery back the Agency.
(O) Upon receipt of material from Agency Print Operations, if Agency requests to have pieces not in- cluded in the automated inserting, the Agency will provide written requests in sufficient detail to fa- cilitate the expeditious recovery of those pieces. The Contractor will manifest all removed pieces and return to the Agency, requiring signature upon receipt. (P) Contractor shall have the ability to ensure file integrity by maintaining a total Production File count received from agencies and comparing it to actual Production File produced to ensure counts are accurate. In the event of a miscount, Contractor shall contact the Agency operations staff to request a transmission of the files; the Contractor shall further guarantee integrity by implementing File based processing for inserters. File Based processing enables the ability to match up inserted envelope counts against the Print Production File Counts.
(Q) The Contractor shall furnish all labor, equipment, software, license fees, maintenance, supplies and other items and services necessary to perform print, mail support services and FASTforward address correction services for the mail volumes received from the department.
6.16 Production Volume
Contractor shall be capable of processing the minimum daily volumes as indicated herein. Although mail production and processing volumes do fluctuate, production history indicates that these minimum volumes are required, and per statute, same day processing on many of these mailings are a requirement. The average processing volumes between 5,000,000 and 7,000,000 per month or 200,000 to 250,000 per day. Attachment 8.3 – provides an estimated listing of services and piece from July 2004 through June 2009.
6.17 Reporting and Documentation
(A) All Accountable Mail/Packages will be delivered and a recipient signature will be retained by Contractor. For any package or mail piece deemed to be of greater value than five thousand ($5,000) dollars, the Agency shall notify the Contractor in writing of the value and urgency of delivery at the time of hand-off to the Mail Management Service Center. The Contractor shall maintain records of all Accountable Mail/Packages for the length of the contract.
(B) Contractor shall include all applicable representations, warranties and commitments in the response and related correspondence in contractual obligations when performing under this contract.
(C) Evidence must be provided that inventory is managed properly, showing information to include but not limited to, reorder points, quantities last delivered, and total inventory. (NOTE: Agencies will not pay a separate inventory management fee; any cost associated with inventory shall be in the storage rate).
(D) Receive and process high priority documents in combination with a standard United States Postal System (USPS) “Proof of Mail” form #3877 or a facsimile generated from the Agency within 24 hours of electronic receipt of all associated documents – e.g., Cancellations, Non- renewals, Lapse Notices, and Rescission Notices. Specific time frames may vary by Agency and shall be determined in the user Agency SLA.
(E) Provide electronic copies USPS Form #3877 and/or facsimile authenticated by the USPS within 48 hours of completion.
(F) Contractor will deliver mass mailings to the United States Postal Services (USPS) and a copy of the Postage Statement-Regular Standard Mail Permit PS form 3602R shall accompany all invoices when standard presort permits are used.
(G) Contractor shall provide a procedure manual to the Agency no more than 60 days after the start date of the Agency Contract and update the procedures manual on an ongoing basis. (H) Contractor shall require any subcontractor to maintain all records required to be maintained pursuant to any resulting contract in such manner as to be accessible by the Agency upon demand. The Contractor shall permit Agency, departmental and public access to all such records, except those made confidential by law. The Contractor's failure to comply with this provision shall constitute immediate breach of contract for which the Department may unilaterally terminate the contract.
(I) Contractor shall deliver a comprehensive personalized “Mail User's Guide” for the Agency 60 days after implementation of the contract. The Agency Contract Manager must approve the guide in writing. (J) Contractor shall provide reporting to the Agency on a daily basis Monday through Friday. The Agency will:
1. Provide an item count and associated postage cost for the previous business day's produc- tion. Monday's report shall include weekend production; if applicable.
2. Monitor performance against service levels;
3. Determine performance improvements;
4. Discuss potential problems and alternatives for resolution; and,
5. Communicate matters as are appropriate to the successful provision of services under the terms of this contract.
(K) Contractor shall provide daily reports which indicate the type of files received, the date and time of receipt of those files, the date of print, fulfillment and mail. NOTE: These daily reports will be monitored to ensure all project requirements (deliverables) are completed.
6.18 Staffing / Times of Operation
(A) Contractor is responsible and shall provide sufficient staffing levels, hours of operation, and man-hours with appropriately trained personnel, administration and management to work on Agency mail processing and other ancillary services as described in this RFP and any Agency SOW.
(b) Based upon requirements herein, the Contractor shall dedicate additional on-site FTEs to facilitate full and complete processing of mail as indicated in the Agency SLAs, as required, Monday through Friday, utilizing 1st and or 2nd shifts, at no additional charge to the Agency.
(C) Contractor shall have a site, floor or facility manager, knowledgeable of the Contract, on duty during the production of the Agency mail.
(D) All Contractor staff shall be subject to a FDLE or Agency required background check. Any costs or fees associated with the background check shall be at the sole costs of the Contractor. In no event shall the Contractor make available to the Agency, without prior written consent, any staff who has been convicted of a felony. All staff receiving court ordered restraining orders or law enforcement trespass warnings shall not have access to the Agency facility, building or premises. During the term of the contract, the contractor shall notify the Agency of any arrests, restraining orders or trespass warnings issued to the contractor staff to the extent permissible under contract of law.
(E) Contractor shall ensure its employees observe all Agency policies and procedures as provided by the Agency, as well as all USPS rules, regulations, policies and procedures. If, during the course of the Contract, the Department or Agency reasonably determines that certain Contractor personnel are unable or fail to perform their duties in a competent and professional manner, the Department or Agency shall notify the Contractor in writing of its determination. Upon discussion and determination, the Department and/ or Agency reserve the right to remove said personnel from the Agency account and the Contractor shall assign acceptable replacement personnel to the account.
(F) Contractor shall continually monitor external Contractor performance and will routinely meet with representatives to ensure that the Agency is receiving optimal service levels.
(G) Contractor shall be solely responsible for payment of any and all compensation, benefits and employer taxes relating to such staff (including but not limited to, worker's compensation and disability).
(H) Contractor agrees that all staff supplied as result of this Contract are on the payroll of the Contractor or of a subcontractor who is responsible for keeping all employment records as required by law, making all payroll deductions as required by law or by contract, making all payments to all governmental agencies and/or other third parties as may be required by law or contract.
(I) All services shall be performed by technically competent staff, qualified to work with the mail equipment and vehicles pertinent to this contract. All staff performing services shall have been trained to use the mail equipment installed at the Service Delivery Location.
6.19 Storage/ Warehouse Inventory
(A) Contractor shall provide climate controlled warehousing of envelopes and paper for agencies and eligible users when requested. In the RFP response, the Contractor shall provide storage cost per square foot per month as provided on the Section 7.1– Price Sheet.
(B) The Contractor will utilize a "just in time" inventory control system when possible and use a first-in first-out methodology and limit the amount of envelopes stored at any one time.
(C) Contractor may be required to provide storage of various types of envelope per Agency. Contractor will be responsible for using the appropriate Agency envelope for the specific job.
(D) Contractor shall work closely with the agencies regarding inventory management. Inventory levels must be kept current at all times. Any delay in communicating inventory or envelope issues to the appropriate Agency may result in a failure to meet service level requirements, including but not limited to, not meeting statutory mailing requirements, inventory too low for effective operations, emergency envelope orders, and liquidated damages.
6.20 Business Operations and Contract Commencement
Contractor shall furnish all necessary experienced personnel, labor, equipment, materials and supplies as required providing adequate, cost efficient, mailing services to the Agency, Monday through Friday except state holidays.
Seamless mail services operations are vital to state agencies and eligible users to successfully meet their operational missions. The capacity of the Contractor to perform the services by streamlining the state’s mailings while providing timely mail processing and maximum cost-savings options shall be the top priority. The Contractor shall provide a smooth transition from one Contract to another is a must. 6.21 Communication and Response Times
The agencies and the Contractor(s) shall work to establish effective lines of communication, providing primary and secondary contacts (email addresses and telephone numbers) and response times of 4 business hours as referenced in Section 5.7 for various processing, floor work, issues and resolutions and new quotes on projects.
Due to the nature of the mail outs and the required turnaround times as determined by State or Federal laws, most return communication or correspondence shall occur within one to two hours allowing projects to be processed unhindered; however, under no circumstances shall a contractor‘s response time be more than 24 business hours unless previously agreed to by the Agency.
6.22 Turnaround Times
Mailing requirements shall vary by Agency and mail type. Mail out schedules will be determined by the Agency or eligible user and shall not be more than 7 calendar days; the Contractor shall adhere to the established schedule.
If any conflict exists in the schedule or discrepancy on the mail type, the contractor shall immediately notify the designated Agency contact for clarification or resolution by utilizing Section 7.7 – Delay Notification Form. The contractor shall never “assume” a processing schedule. Failure to do so will result in liquidated damages referenced in Section 5.7, Contractor Liability and Liquidated Damages.
6.23 Pickup Schedules and Locations
(A) Some agencies may require mail delivery/pickup (intra-city transport) more than once daily from and to predetermined locations associated with the Agency’s location and mail stops serviced in each Agency location. The last afternoon pickup should be made in time to meet the U.S. Post Office’s last outbound mail processing. For purposes of the Contract, intra-city transport shall encompass key operational sites centrally located to the Agency's office location.
(B) All pickup and delivery times shall be scheduled to enable Contractor to provide services in accordance with all federal and state laws, statutes and rules.
(C) Pickup and delivery services shall be provided at no additional charge, within the time frames agreed upon by the Agency and the Contractor. Pickup and delivery times shall be coordinated between the Contractor and all Agencies in order to efficiently perform the services, within the turnaround times required.
(D) Some Agencies may require same-day delivery of all first class letters, business reply, flats, mail and packages from overnight mailbags, boxes, publications, accountable mail (certified, registered, and insured,) and express mail. Delivery shall be made same-day on the next scheduled mail run after receipt and processing, as described above.
(E) The Agencies reserve the right to change pickup times and locations with reasonable prior notice to the successful Contractor. Should the need arise to change the pickup/delivery schedules and locations, the Contractor and Agencies affected by the change shall work together to adjust the schedules; however, schedule changes shall not impede the effective and efficient mail operations. The Agencies and the Contractor must be willing to accommodate such changes at no additional charge to the agencies. (F) When additional security measures for entry are necessary, the Agency shall work with the Contractor on obtaining the necessary clearance, badges, or any other required documentation to gain timely access to the location.
(G) Pick up/delivery days are Monday through Friday, except state holidays, unless otherwise previously arranged.
(H) Contractor shall currently have in full operation a computer-based tracking system to manifest accountable mail or the ability to implement a system by the Contract commencement date. Electronic signatures will be obtained from recipient or department contact and maintained per Agency’s records retention requirements.
See Attachment 8.2 for a listing of Agency locations currently serviced.
6.24 Postage
All postage shall be processed and applied in accordance with USPS mail standards and regulations and any subsequent changes throughout the life of the Contract, plus any optional renewal periods.
The Contractor shall provide all eligible postage discounts (i.e. automation discounts, presorts, barcodes or related processes) metered at the minimal rate as provided by USPS for each class or type of mail; additional postage shall be at the request of the Agency. The agencies shall not be held responsible for additional costs for mail pieces metered in error by the Contractor; any additional postage as a result of Contractor error shall be at the Contractor’s expense and shall not be assessed to the Agency.
Full Rate Postage cost shall not be assessed by any agency due to but not limited to:
1. Equipment Failure 2. Power Failure 3. Natural Disasters 4. Contractor failure to perform duties in the time provided
The Contractor has the right to affix full rate postage at their sole expense to avoid further penalties as addressed in Liquidated Damages Section 5.7.
Contractor shall ensure that the best possible class selection is chosen for all out-going mail based on cost and delivery requirements.
In the event of future USPS postage rate changes, the Contractor shall provide the new postage rates on the effective date of the change as determined by the USPS.
6.25 Postage Reimbursement
The State or eligible user will reimburse the Contractor for necessary postage, at 100% of the amount applied. Upgrades (certified, registered, and special mail) or additional required postage MUST BE PREAPPROVED by the Agency Administrator and submitted to the Department of Management Services Contractor Manager named in Section 3.1. These charges must be included and clearly identified in the awarded Contractor’s invoices. 6.26 Inspection at Contractor’s Sites
The agencies and/or eligible users reserve the right to arrive onsite to the Contractor’s location to conduct site visits during normal business hours. This visit may allow Agency personnel to see the Agency’s status of work, pending projects, capability to perform new projects, operability of required equipment, security measures, perform inventory checks or conduct audits or similar activities. These shall either be scheduled or non-scheduled at the discretion of the Agency’s Contract Administrator, DMS Contract Managers, or auditing personnel from any participating groups. (Section 6.26 is non- negotiable)
[The remainder of this page is intentionally left blank (other than footer information) Section 7.0 Price Sheet & Ordering Instructions and Forms
7.1 Price Sheet
(MICROSOFT EXCEL™ ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.) (SHALL BE REQUIRED FOR BID ACCEPATANCE) 7.2 Ordering Instructions (SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.) (SHALL BE REQUIRED FOR BID ACCEPATANCE) 7.3 Solicitation Preparation Checklist (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE.) 7.4 Preferred Pricing Requirements (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE.) 7.5 Preferred Pricing Affidavit (SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.) (SHALL BE REQUIRED FOR BID ACCEPATANCE) 7.6 Certification of Drug-Free Workplace (SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.) (SHALL BE REQUIRED FOR BID ACCEPATANCE) 7.7 Delay Notification Form (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE.) 7.8 Key Personnel Contact Listing (SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.) (SHALL BE REQUIRED FOR BID ACCEPATANCE) 7.9 Respondents Affidavit of Services (SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.) (SHALL BE REQUIRED FOR BID ACCEPATANCE) 7.2 Ordering Instructions
CONTRACTOR: ______
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: ______
Alternate contact source for placing orders or maintaining customer support functions:
Title: ______Street Address: ______E-mail Address: ______Phone Number(s): ______Fax Number: ______
Direct Orders Please provide the following information about where Customers should direct orders. Please include both a regular mailing address along with an e-mail address and company URL:
Street Address or P.O. Box: ______City, State, Zip: ______Phone Number: ______Toll Free Number: ______Ordering Fax Number: ______Vendor URL: ______E-mail Address: ______Remit Address: ______City, State, Zip: ______Customer Service Representative Name: ______7.3 Solicitation Preparation Checklist
The Solicitation Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their response. The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of the solicitation are met with submittal of their response. Check off each of the following as you comply:
The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee reporting and payment requirements as specified in the requirements, terms, and conditions of all previous or existing agreements with State of Florida agencies.
Download, read, understand, and agree to the entire solicitation, including all attachments (RFP No. 05- 991-530-T; Mail Services: Sections 1 through Section 7 of the solicitation, and the MyFloridaMarketPlace RFX Info tab contents).
Review and abide by the Timeline, Section 1.3 of the solicitation.
If necessary, review the MyFloridaMarketPlace Sourcing Tool Online Training Guide and / or receive assistance from the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or [email protected].
Submit any Questions via the MyFloridaMarketPlace Q&A Board, no later than as specified in the Timeline, Section 1.2 of the solicitation.
View the Department’s Answers to the submitted questions as posted in any Addendum or Amendment to the solicitation on the MyFloridaMarketPlace Sourcing Tool and / or Vendor Bid System.
Download the Price Sheet (Section 7.1), Ordering Instructions (Section 7.2) Preferred Pricing Affidavit (Section 7.5), and Certification of Drug-Free Workplace (Section 7.6). Review carefully and enter required information and upload one per each authorized representative of said manufacturer to the MyFloridaMarketPlace Sourcing Tool as required,
Submit all questions within the MyFloridaMarketPlace Sourcing Tool by the Timeline, Section 1.3 of the solicitation.
Submit response using the MyFloridaMarketPlace Sourcing Tool. 7.4 Preferred Pricing Requirements
During the 2010 Session, the Florida Legislature passed a bill with a provision that directs each state agency to identify contracts with a preferred pricing provision. The bill directs agencies to require vendors with such provision in a contract to submit an affidavit attesting that the vendor is in compliance with the preferred pricing provision. The bill was approved by the Governor and can now be found in Chapter No. 2010-151, Laws of Florida. Section 48 of the Law reads as follows:
(1) Each state agency, as defined in s. 216.011, Florida Statutes, shall review its contracts and, for any contract with a preferred-pricing clause, the agency shall ensure that the contractor complies with such clause. (2) Each contract executed, renewed, extended, or modified on or after July 1, 2010, which includes a preferred-pricing clause, must require an affidavit from an authorized representative of the contractor attesting that the contract is in compliance with the preferred-pricing clause. Such affidavit must be submitted at least annually. A contractor’s failure to comply with a preferred-pricing clause is grounds for terminating the contract at the state agency’s sole discretion. (3) As used in this section, the term “preferred-pricing clause” means a contractual provision under which the state is offered the most favorable price that the contractor offers to any client.
The above referenced contract contains a preferred pricing provision. Therefore, the Department is required to obtain an affidavit from an authorized representative of your company attesting compliance with the pricing provision. Attached is a form affidavit ready for signature which will ensure that the Department is in compliance with the new law. Please have an authorized representative execute the affidavit, have it notarized, and return the completed version to the Department. Your cooperation is greatly appreciated. 7.5 Preferred Pricing Affidavit
Regarding the Contract Between
[______] (The “Contractor”) and The Florida Department of Management Services
Contract No.: 991-530-12-1 dated July 1, 2011 (the “Contract”)
Pursuant to Section 4.4 B of the Contract, the undersigned Contractor hereby attests that the Contractor is in compliance with the preferred-pricing clause contained in the Contract.
PRINT CONTRACTOR NAME:
By: Date: ______Signature of Authorized Representative
Print Representative’s Name/Title:
STATE OF ______
COUNTY OF ______
Sworn to (or affirmed) and subscribed before me this _____ day of ______, by ______.
Signature of Notary
(Print, Type, or Stamp Commissioned Name of N otary Public)
[Check One] ____ Personally Known OR ____Produced the following I.D. ______
Vendor Name FEIN#______
Vendor’s Authorized Representative Name and Title ______
Address
City, State, Zip
Phone Number
Email Address
7.6 Certification of Drug-Free Workplace
Section 287.087 of the Florida Statutes provides that, where identical tie offers are received, one preference shall be given to an offer received from a Respondent that certifies it has implemented a drug-free workforce program. Please sign below and return this form to certify that your business has a drug-free workplace program.
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 the solicitation a copy of the statement specified in Subsection (1).
4) In the statement specified in Subsection (1), notify the employees, as a condition of working on the commodities or contractual services that are under the solicitation, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. False statements are punishable at law.
RESPONDENT’S NAME: ______
By: ______
Authorized Signature Print Name and Title ______7.7 Delay Notification Form Date: Agency Name:
Job # or Name and Description:
# of Pieces: Current Due Date:
Contractor Authorization Name: Title:
Reason for Delay:
Extension of Time Requested:
Agency Name: Date
Approved: Alternative Proposal:
Rejected: Contract Administrator Signature: Contract Administrator Print:
Submitted to DMS Contract Manager: Date:
Information shall be retained in DMS State Purchasing for all changes Section 7.8 Key Personnel Contact Listing
Submit the listing of key personnel that will be responsible for handling this contract, to include but not limited to Regional/District Manager, Sales Representative, Branch/Operations Manager, Floor Manager, Billing/Accounting, etc. Indicate primary contact and secondary contacts for both daily operations and administration/management.
Contact Name Title Email Telephone Order First
Second
Third
Forth
Fifth 7.9 Respondents Affidavit of Services
Acknowledgement that the Respondents are able to fully execute the requirements of this solicitation:
Initials Respondent shall be able to provide Mail Services within the State of Florida to process mail pieces on an as-needed basis; there shall never be a guaranteed ceiling or floor for the term of this solicitation. Respondent shall obtain and keep in good standing with all applicable authorization and certifications issued by the federal government and/or USPS to provide Mail Services (authorization/ certification shall be current and received prior to the solicitation submittal deadline date). Respondent shall be able to provide Mail Services to include, but not be limited to, the collection and delivery of letters, printed matter, including acceptance, collection, sorting, inserting, affixing appropriate postage, courier services, inter-office mail collection and delivery, and other ancillary functions; delivery may be made to the USPS, mail recipients and/or other agencies/departments. Respondents shall utilize multiline optical character readers (MLOCRs), barcode sorters (BCSs), and other related mail equipment designed for processing automation-compatible mail. Respondent submitting a response for the Tallahassee, FL or Leon County coverage area must have a production facility shall ensure same day services will be effectively provided, or if Respondent is providing mail services elsewhere in Florida production facilities shall also ensure same day services. Respondent must have the ability to provide Mail Services at least five (5) days a week; minimum Contractor operational hours shall be Monday - Friday 6:00 AM - 6:00 PM, however, true operating times and hours will be dependent upon volume. Proof of current operations, business licensures, hours of operation, staffing and employee hours, and other applicable operational data may be requested. Additional hours are the sole responsibility of the Awarded Contractor, which can include but are not limited to, additional shifts, weekends, or 3rd shifts in order to provide the necessary contract requirements. Respondent must be able to meet the minimum volume requirements as specified herein. The mail volumes provided are given as historical data, to establish the processing needs of the agencies, to guarantee processing capacity, and to assist your vendor in preparing an offer. Attachment 8.3. (NOTE: This data is provided as a tool and should not be construed as representing the actual processing, expenditures or services under a new contract resulting from this solicitation). Respondent shall be able to provide Courier Services for the routine pickup and delivery of interoffice and other mail correspondence which may be of a confidential and secure nature. Some services may be required several times per day.
We affirm and acknowledge that we can fulfill the need of the State of Florida and the eligible users. We also affirm that we are able to begin services for the State by no later than July 1, 2011.
PRINT CONTRACTOR NAME: ______
By: Date: ______Signature of Authorized Representative
Print Representative’s Name/Title: ______Section 8.0
ATTACHMENTS
8.1 Contractor’s Service Locations (Areas Served) (MICROSOFT WORD™ ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.) (SHALL BE REQUIRED FOR BID ACCEPATANCE) 8.2 Locations Serviced (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE.) 8.3 Estimated Quantities (July 2004 – June 2009) (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE.) 8.4 References (One for Each) (MICROSOFT WORD™ ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S) MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES.) (SHALL BE REQUIRED FOR BID ACCEPATANCE) 8.5 Reference Questionnaire (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE.)
[The remainder of this page is intentionally left blank (other than footer information).] Section 8.1 Contractor’s Service Locations (Areas Served) Please Mark each Florida County your Company is currently able to serve. Escambia Flagler St Johns Santa Rosa Citrus Putnam Okaloosa Hernando Monroe Walton Pasco Bradford Holmes Pinellas Gilchrist Washington Hillsborough Alachua Bay Manatee Levy Jackson Sarasota Baker Calhoun DeSoto Nassau Liberty Marion Duval Gulf Sumter Clay Franklin Lake Glades Gadsden Seminole Lee Leon Orange Hendry Wakulla Osceola Collier Jefferson Polk Martin Madison Hardee Palm Beach Taylor Highlands Broward Hamilton Volusia Miami-Dade Suwannee Brevard Columbia Lafayette Indian River Union Dixie Okeechobee St. Lucie Charlotte Section 8.2 Locations Serviced Citizens Insurance Agency for Workforce Innovation 107 East Madison Street 6676 Corporate Center Pkwy 6676 Corporate Center PKWY Caldwell Building Jacksonville, FL 32216 Jacksonville, FL 32216 Tallahassee, Florida 32399 2525 S. Monroe 7215 Financial Way Jacksonville, 7215 Financial Way Jacksonville, Town S. Plaza, Suite # 3A FL 32256 FL 32256 Tallahassee, FL 32301 1580 Waldo Palmer Lane 8301 Cypress Plaza Dr 8301 Cypress Plaza Dr Suite # 1 Jacksonville, FL 32256 Jacksonville, FL 32256 Tallahassee, FL 32308 600 S. Calhoun St. 101 North Monroe St. 101 North Monroe St. Holland Bldg. Tallahassee, Tallahassee, FL 32301 Tallahassee, FL 32301 FL 32301 215 Market St. 2101 Maryland Circle 2101 Maryland Circle Jacksonville, FL 32202 Tallahassee, FL 32303 Tallahassee, FL 32303
3802 Coconut Palm Dr 3802 Coconut Palm Dr Tampa, FL 33619 Tampa, FL 33619
Agency for Persons with Department of Health Disabilities 1321 Executive Center Dr. Ashley 1321 Executive Center Dr Ashley 107 East Gaines Street Bldg. Building, #100 Tallahassee, FL 32399 Tallahassee, FL 32301 Tallahassee, FL 32399-6512 4030 Esplanade Way 2551 Executive Center Drive, Ashley 2729 Fort Knox Boulevard Suites 335A, 380A, & 280A; Bldg. Building 2, Suite 205 Tallahassee, FL 32399 Tallahassee, FL 32301 Tallahassee, FL 32399-9994 Central Area I 2741 Fort Knox Boulevard 571 Executive Center Circle E. Building 4, Suite 100 Howard Bldg. Tallahassee, FL 32399-9994 Tallahassee, FL 32301 Central Area II 4140 Woodcock Drive 2586 Seagate Dr. Drew Building, Suite 100 Turner Bldg. Jacksonville, FL 32207 Tallahassee, FL 32301 Central Area III 2551 4180 Woodcock Drive Executive Center Cir Lafayette Bldg. Brownette , Suite 130 Tallahassee, FL 32301 Jacksonville, FL 32207 4140 Woodcock Dr. Drew 9495 Sunset Drive Bldg. #2600 Suite B100 Jacksonville, FL 32207 Miami, FL 33173 9495 Sunset Square 3438 Lawton Road Suite #B100 Chandler Suite 127 Miami, FL 33173 Orlando, FL 32803 3438 Lawton Rd. 8707 Temple Terrace Hwy Pointe Chandler Bldg. Orlando, Plaza, Suite 100 Tampa, FL 32803 FL 33637-8707 5020 N. Davis Hwy Pensacola, FL 32501 6800 North Dale Mabry Hwy N. Park Office Center, # 270 Tampa, FL 33614
Department of Management Division of Disability Determination Services 2551 Executive Center Circle West 1321 Executive Center Dr. Ashley 4050 Esplanade Way Lafayette Bldg, Ste. 100, 200, 201 Building Tallahassee, FL Tallahassee, FL 32399 Tallahassee, FL 32399 32301 1321 Executive Center Drive 2551 Executive Center Drive, Ashley 2585 Shumard Oak Blvd Tallahassee, Ashley Building, Ste. 100 Building Tallahassee, FL FL 32399 Tallahassee, FL 32399-6512 32301 Central Area I 2571 Executive Center Circle Capital Building 2571 Executive Center Circle E. Howard Building, Suite 100 400 South Monroe St. Tallahassee, Howard Bldg. East Tallahassee, FL 32399 FL 32301 Tallahassee, FL 32301 Central Area II 2586 Seagate Drive 2586 Seagate Dr. 4030 Esplanade Way Turner Building, Suite 100 Turner Bldg. Tallahassee, FL 32399 Tallahassee, FL 32399 Tallahassee, FL 32301 Central Area III 1001 Executive Center Drive 107 W. Gaines St. 2551 Executive Center Circle Enterprise Building, Suite 101 DFS – Fletcher Building Lafayette Bldg. Orlando, FL 32803 Tallahassee, FL 32216 Tallahassee, FL 32301 RETIREMENT 4140 Woodcock Dr. 5020 N. Davis Highway 1317 Winewood Bldg. Dew Bldg. #2600 Pensacola, FL 32503 Blairstone Rd. Jacksonville, FL 32207 Tallahassee, FL 32399 North Park Office Center, Department of Highway Safety and 9495 Sunset Square, Ste. B100 Ste. 270 Motor Vehicles Miami, FL 33173 Tampa, FL 33612 4140 Woodcock Drive 3438 Lawton Rd. 2900 Apalachee Parkway Dew Building, Suite 100 Chandler Bldg. Tallahassee, FL 32399 Jacksonville, FL 32207 Orlando, FL 32803 4180 Woodcock Drive Brownette Building, Suite 130 5020 N. Davis Hwy Pensacola, FL 32501 Jacksonville, FL 32207 9495 Sunset Drive 6800 North Dale Mabry Hwy. Sunset Office Square, Suite B100 N. Park Office Center, Ste. 270 Tampa, FL 33614 Miami, FL 33173
3438 Lawton Road Chandler Building, Suite 127 Orlando, FL 32803 Section 8.3 Estimated Quantities July 2004 – June 2009 DOH - DOH - Description APD AWI Citizens DBPR DCF DMS DOH EA MQA Grand Total Newsletter /Postcard 8519 8519 Credit 693407 94 465 2399 696365 Envelope 60858 13792038 13852896 Flats - Postage 1 oz 209 83 13278 8161 1654 7022 30407 Flats - Postage 10 oz 68 149 874 6 1042 2968 342 4260 9709 Flats - Postage 11 oz 69 140 184 3 865 16718 389 2708 21076 Flats - Postage 12 oz 54 83 188 1 756 3310 218 1722 6332 Flats - Postage 13 oz 16 26 108 189 1070 48 505 1962 Flats - Postage 2 oz 1144 446 29155 26200 8702 43116 108763 Flats - Postage 3 oz 3603 1118 3 29205 32868 3820 25167 95784 Flats - Postage 4 oz 3408 881 81670 12 34826 24986 1442 21287 168512 Flats - Postage 5 oz 328 510 258727 178 16070 13270 2959 18136 310178 Flats - Postage 6 oz 217 547 495549 18 9600 8653 844 22356 537784 Flats - Postage 7 oz 148 278 127794 102 17092 5383 1107 7935 159839 Flats - Postage 8 oz 98 218 7201 2 5260 3953 1617 14475 32824 Flats - Postage 9 oz 61 248 880 1643 2907 662 4581 10982 Flats- Postage Other 192 29898 9313 6035 148 1396 46982 Fold and Insert 29813 3928126 342 3958281 Fold and Insert, Sort 224854 224854 Full Rate 27568 153657 2300857 243008 31594 156567 2913251 Letters– Postage Letters- Postage 1 oz 108875 81122 8203065 4879810 53394969 342 557425 34918 484908 67745434 Letters- Postage 10 oz 3040 3040 Letters- Postage 11 oz 118 118 Letters- Postage 12 oz 101 101 Letters- Postage 13 oz Letters Postage 2 oz 1234 7596 1000244 183190 3611063 244888 5324 204264 5257803 Letters- Postage 3 oz 591 971 180766 12022 18788 12433 1183 13561 240315 Letters - Postage 4 oz 5 3920 3925 Letters- Postage 5 Oz 2622 2622 Letters - Postage 6 oz 458 458 Letters - Postage 7 oz 258 258 Letters - Postage 8 oz 220 220 Letters - Postage 9 oz 163 163 Postal Reimburse ment 29704109 4178967 33883076 Pre-sorting Operations 2006105 2006105 Print Service Printing Images 60858 93377638 93438496 Processing 15583 15583 Remeter 8332 399649 2931160 25639 1195 16007 3381982 Sorting 33647204 33647204 Special Envelope 96793 96793 Special Fold 84000 84000 Grand Total 307744 66175139 117542603 9971415 66617397 684 1239875 98166 1049973 263002996 Section 8.4 References Please submit the name, address, phone number and email address of the person responsible for References for this Solicitation. Fill out one for each reference and submit with the bid.
Respondent:
Name of Principal Contact:
Address:
Telephone Number:
Cell Number:
Email Address:
Respondent shall provide a minimum of five (5) references, minimum three (3) government accounts.
REFERENCE:
Company Name:
Address:
Name of Principal Contact:
Telephone Number:
Email Address:
Contract Number:
Term of Contract:
Description of Contract:
Contract Value: $ Section 8.5 References Questionnaire
Ite Question Answer m What was or is the dollar value of the contract with the referenced 1 vendor?
What was or is the Term of the 2 contract?
Did the supplier respond and handle all service and delivery 3 requirements promptly?
Did the supplier offer efficient and cost effective solutions to customer 4 copying needs or challenges?
On a scale of 1 to 10 (with 10 being the best) what score would you give 5 this vendor’s performance?
Would you recommend this vendor’s products and service to 6 other agencies?
Any other comments or observations that you would like to 7 share about the firm?
Was the supplier able to handle any 8 emergency work without rejecting the request?
Was communication of downtime or 9 problems with a job communicated within 2 to 4 hrs?
In case of a default, did the supplier work to improve the issue and did 10 they reimburse any damages, if applicable?