Governor Charlie Crist Secretary Linda H. South Division of State Purchasing




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Governor Charlie Crist

Secretary Linda H. South


Division of State Purchasing

4050 Esplanade Way, Suite 360

Tallahassee, Florida 32399-0950
850-488-8440: TEL

850-414-6122: FAX

http://dms.myflorida.com







Suite 360

March 28, 2008



MEMORANDUM NO.: (760-001-08-1)-1
TO: User Agency
FROM: Director, State Purchasing
SUBJECT: Contract No. 760-001-08-1

Title: Construction, Industrial & Agricultural Equipment


The following change has been made to the subject contract:
Ring Power Corporation has requested and the Department has approved the removal of all of Ring Power Corporation’s contract awards for Statewide Lease – Monthly Lease (30 Days). The following list of Commodity Codes are affected by this change:
560-650-600-0003 760-900-300-0003

560-650-610-0003 760-900-320-0003

760-360-075-0003 760-900-340-0003

760-360-100-0003 760-960-110-0003

760-420-100-0003 765-900-112-0003

760-460-100-0003 765-900-120-0003

760-480-100-0003 765-900-122-0003

760-480-200-0003 765-900-126-0003

760-840-400-0003 765-900-132-0003

760-840-410-0003 765-900-136-0003

760-840-420-0003
Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator.
DSP/cw




Governor Charlie Crist

Secretary Linda H. South


Division of State Purchasing

4050 Esplanade Way, Suite 360

Tallahassee, Florida 32399-0950
850-488-8440: TEL

850-414-6122: FAX

http://dms.myflorida.com





CERTIFICATION OF CONTRACT
TITLE: Construction, Industrial & Agricultural Equipment
CONTRACT NO.: 760-001-08-1
ITB NO.: 27-760-001-P; Construction, Industrial & Agricultural Equipment
EFFECTIVE: October 12, 2007 through June 30, 2009
CONTRACTOR(S):
Alamo Industrial (A)

Barloworld Handling (A)

CNH America LLC – New Holland Brand (A)

Construction Sales & Service, Inc. (A)

Gradall Industries (A)

G S Equipment, Inc. (A)

Gulf Coast Turf & Tractor, LLC dba Gulf Coast Tractor & Equipment (A)

JCB Inc. (A)

John Deere Construction Retail Sales (A)

Nortrax Equipment Company Southeast LP (A)

Ring Power Corporation (A)

Triple D Equipment, Inc. (A)

Yale Lift Trucks of FL & GA (A)


  1. AUTHORITY – Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors.




  1. EFFECT – This contract was entered into to provide economies in the purchase of Construction, Industrial & Agricultural Equipment by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified.




  1. ORDERING INSTRUCTIONS – All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes.

All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.)




  1. CONTRACTOR PERFORMANCE – Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance, is to be filed with this office.




  1. SPECIAL AND GENERAL CONDITIONS – Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions.

_________________________________________

Authorized Signature (date)



DSP/cw
Attachments

CONTRACT ADMINISTRATOR
CHRISTOPHER WALKER

PHONE: (850) 488-7540

SUNCOM: 278-7540

E-MAIL: christopher.walker@dms.myflorida.com
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 and Forms
Section 1.0

Introduction
Contents:

1.1 Purpose and Scope

1.2 Timeline
1.1 Purpose and Scope
The State of Florida (“State”), Department of Management Services (“Department”), invites interested Vendors, including Construction, Industrial & Agricultural Equipment Manufacturers and Dealers/Certified Representatives, to submit Responses in accordance with these solicitation documents. The purpose of the solicitation is to establish a State Term Contract for the acquisition of Construction, Industrial & Agricultural Equipment with potential options for renewals as allowed by Chapter 287, Florida Statutes.
The intent is to obtain the most cost effective Construction, Industrial & Agricultural Equipment for the State of Florida while maximizing the quality and level of service. Qualified companies must have the capability to provide Construction, Industrial & Agricultural Equipment in all respects in accordance with the solicitation documents and to the satisfaction of the Department.
The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per Section 2.17, and to end June 30, 2009, with potential options to renew per Chapter 287, Florida Statutes.
1.2 Timeline

Event

Event Date

Issue ITB.

06/25/2007







Questions from Respondents Due (No later than 2:00 pm ET).

06/29/2007







Post Responses to Respondent’s Questions.

07/02/2007







ITB Responses Due (No later than 2:00 pm ET).

07/12/2007







Post Notice of Intended Award (Per Section 2.13, Electronic Posting of Notice of Intended Award).

09/11/2007







Contract Award.

Per Section 2.17, Contract Formation



[The Remainder of this Page is Intentionally Left Blank (Other than Footer Information)]
Section 2.0

General Instructions to Respondents [PUR1001 (10/06)]
Contents:

2.1 Definitions.

2.2 General Instructions.

2.3 Electronic Submission of Responses.

2.4 Terms and Conditions.

2.5 Questions.

2.6 Conflict of Interest.

2.7 Convicted Vendors.

2.8 Discriminatory Vendors.

2.9 Respondent’s Representation and Authorization.

2.10 Manufacturer’s Name and Approved Equivalents.

2.11 Performance Qualifications.

2.12 Public Opening.

2.13 Electronic Posting of Notice of Intended Award.

2.14 Firm Response.

2.15 Clarifications/Revisions.

2.16 Minor Irregularities/Right to Reject.

2.17 Contract Formation.

2.18 Contract Overlap.

2.19 Public Records.

2.20 Protests.

2.21 Limitation on Vendor Contact with Agency During Solicitation Period.
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:


  1. "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.

  2. "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials.

  3. "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions.

  4. "Response" means the material submitted by the respondent in answering the solicitation.

  5. "Timeline" means the list of critical dates and actions included in the Introductory Materials.


2.2 General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly.
2.3 Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes:

  • an electronic signature on the response, generally,

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

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


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

  • Technical Specifications,

  • Special Conditions and Instructions,

  • Instructions to Respondents (PUR 1001),

  • General Conditions (PUR 1000), and

  • Introductory Materials.

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


2.5 Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions.
2.6 Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.
2.7 Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list:

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

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

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

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

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


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

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

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

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

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

  • transact business with any public entity.


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


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

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

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

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

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

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

  • Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds:

  • 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.
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