STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES. January 17, Northeast/Central Region

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1 STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES January 17, 2017 With this sheet you have received solicitation documents for the following: Solicitation Number: Title of Bid (items solicited): Commodity Code: Date and Time Bids are Due: Radar and Laser Calibration Certifications and Repairs for Northeast/Central Region : Equipment Test Calibration or Repair February 15, 2017, no later than 3:00 p.m. Eastern Time Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B412, Mail Station Apalachee Parkway Tallahassee, Florida It is important that Bidders monitor the Vendor Bid System (VBS) for any changes to this solicitation. It is the responsibility of the Bidder to check the VBS for new or changing information. To receive information on DHSMV solicitations 24 hours a day, 7 days a week, visit the Vendor Bid System at Page 1 of 35

2 TABLE OF CONTENTS 1.0 PURPOSE AND GENERAL OVERVIEW PURPOSE DEFINITIONS PROCUREMENT OFFICER TERM ITB PROCESS OVERVIEW GENERAL OVERVIEW BIDDER QUESTIONS VALUE ANALYSIS BID OPENING CALENDAR OF EVENTS PROTEST OF TERMS, CONDITIONS AND SPECIFICATIONS ADDENDA DISCLOSURE OF BID CONTENTS MODIFICATION OR WITHDRAWAL OF BID DIVERSITY NON EXCLUSIVE RIGHTS BID TENURE ACCESSIBILITY FOR DISABLED PERSONS SOLICITATION CONFLICTS AND ORDER OF PRECEDENCE SCOPE OF SERVICES GENERAL DESCRIPTION OF SERVICES TECHNICAL SPECIFICATIONS SILENCE OF SPECIFICATIONS MINORITY AND SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE REPORT ADDITIONS/DELETIONS DEPARTMENT RESPONSIBILITIES DELIVERABLES PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES MONITORING CORRECTIVE ACTION PLAN (CAP) COMMUNICATIONS BID INSTRUCTIONS INTRODUCTION BIDDER QUALIFICATION QUESTIONS MYFLORIDAMARKETPLACE TRANSACTION FEE MYFLORIDAMARKETPLACE REGISTRATION PREFERRED PRICING COMPLIANCE FLORIDA DEPARTMENT OF STATE REGISTRATION FLORIDA SUBSTITUTE FORM W-9 PROCESS SCRUTINIZED COMPANIES PRICE SHEET INSTRUCTIONS MANDATORY REQUIREMENTS MINOR BID EXCEPTIONS NON RESPONSIVE BIDS, NON RESPONSIBLE BIDDERS SUBCONTRACTS Page 2 of 35

3 5.0 BID SUBMISSION INSTRUCTIONS BID SUBMISSION CONTENTS BID SUBMISSION DELIVERY OF BID SUBMITTAL BID GUARANTEE REDACTED SUBMISSIONS AWARD METHODOLOGY BASIS OF AWARD FLORIDA PREFERENCE POSTING OF AGENCY DECISION IDENTICAL BIDS PROTESTS TIME LIMITS FOR FILING PROTESTS BOND MUST ACCOMPANY PROTEST RESULTANT CONTRACT SPECIAL PROVISIONS GENERAL CONTRACT CONDITIONS (PUR 1000) CONTRACTUAL SUBMISSIONS CONTRACTOR RESPONSIBILITY SUBCONTRACTING AFTER CONTRACT EXECUTION CONTRACT MANAGEMENT INVOICES REQUIREMENTS OF CHAPTER 119, FLA. STAT. (PUBLIC RECORD LAW) Forms and Exhibits: FORM 1 BIDDER CONTACT INFORMATION FORM 2 BIDDER QUALIFICATION QUESTIONS FORM 3 PRICE SHEET Exhibit 1 Estimated Current Inventory of Units by Troop Exhibit 2 FHP Troop Locations Exhibit 3 Department s Standard Contract Exhibit 4 Monthly MBE DV Report Page 3 of 35

4 SOLICITATION INTRODUCTION Listed below are important things to keep in mind when responding to a solicitation for the Florida Department of Highway Safety and Motor Vehicles. a. Read the entire document. Note critical items such as: mandatory requirements; bond(s) requirements (bid, performance and/or damages); sample(s) required; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; and contract requirements (e.g., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). b. Note the Procurement Officer's name, address, phone number(s) and address. This is the only person you are allowed to communicate with regarding the solicitation and is an excellent source of information for any questions you may have. c. Attend the pre-bid conference, if one is scheduled. See Section 2.5 CALENDAR OF EVENTS. Pre-bid conferences are scheduled as-needed. d. Take advantage of the question and answer period. Submit your questions to the Procurement Officer by the due date listed in Section 2.5 CALENDAR OF EVENTS, and view the answers given in the formal addenda issued for the solicitation. Also see Section 2.7 ADDENDA. e. Follow the format required in the Solicitation when preparing your bid submittal. Provide pointby-point responses to the required sections in a clear and concise manner and do not skip or miss sections. f. Provide complete answers/descriptions. Read and answer all questions and requirements. Don t assume the Department or evaluation committee (if applicable) will know what your company s capabilities are or what items/services you can provide, even if you have previously contracted with the Department. The bids are reviewed based solely on the information and materials provided in your bid submittal. g. Use the forms provided. For example: Certification forms; Price Bid forms; Savings/Discount/Price Reduction; Customer References; etc., if any are included in this solicitation. h. Review and read the solicitation document again to make sure that you have addressed all requirements. Your original bid submittal and the requested copies must be identical and be complete. At least one copy must bear an original signature. i. Submit your bid submittal on time. Note all of the dates and times listed in the Calendar of Events and within the document, and be sure to submit all required items on time. Faxed, ed or late bid submittals are never accepted. Page 4 of 35

5 1.0 PURPOSE AND GENERAL OVERVIEW 1.1 PURPOSE The Department of Highway Safety and Motor Vehicles (Department) is issuing this Invitation to Bid (ITB) to establish a contract with one or more qualified factory-authorized service centers to certify the calibration of radars and lasers in the Northeast /Central Region of the state, and to make repairs to those units. The servicing Contractor(s) must provide all labor and equipment for certifying calibration of laser speed measuring devices, and radar units operating within the contracted region(s). In addition, the servicing Contractor(s) must provide all parts and labor for repairs necessary on Florida Highway Patrol radar units. (Please see Exhibit I for the breakdown of the number of units per Troop.) Due to the proprietary rights of the laser manufacturers, repairs to laser units under this contract will be limited to only those that are authorized by each specific manufacturer. Only Contractors located in the State of Florida may submit a proposal. The contract award will be made to one or more responsive bidders with the lowest total bid price for all items in Section 3.0 of this solicitation. The Department reserves the right to award to multiple bidders by regional area, or by Troop, if it is in the best interest of the state to do so, and/or there is not a single bidder that can perform this service in the specified regions. NOTE: This solicitation contains both requirements that apply to the solicitation and that apply to any contract that may result from this solicitation. By submitting a bid response, the bidder is deemed to have accepted all contract-related terms. Submission of a bid response does not, however, guarantee acceptance of the bid or issuance of a contract to the bidder. 1.2 DEFINITIONS A. Authorized Representative: The owner, corporate officer, or director of the Vendor authorized to legally bind it in a contractual obligation. A document establishing delegated authority must be included with the bid submission, if signed by other than the Authorized Representative. B. Bid: All information and materials submitted by a Bidder in response to this solicitation. C. Contract: A formal written agreement that may be required to be executed by the Successful Bidder and the Department containing all terms and conditions applicable to any purchase to be made as a result of this ITB. The terms contract and purchase order are intended to be used interchangeably herein. (NOTE: Whether a contract is required in addition to issuance of a purchase order will depend upon the amount and nature of the purchase.) D. Contractor: The Bidder who is awarded a contract by the Department as a result of this solicitation. E. Day: A calendar day, unless otherwise specified. F. Extensive Repair: Any repair that costs more than 50% of the replacement value of the unit. G. FHP: Florida Highway Patrol, a division within the Department of Highway Safety and Motor Vehicles. Page 5 of 35

6 H. ITB: Invitation to Bid. I. Number of Verbs or Nouns: Throughout this solicitation, the singular may be read as the plural and the plural as the singular. J. Purchase Order: The purchasing document memorializing and/or incorporating the terms and conditions of the purchase issued by the Department via the eprocurement system. See PUR Form 1000, paragraph 2. (Note: The terms Purchase Order and Contract are intended to be utilized interchangeably herein, although a purchase order is not executed by the parties.) K. Satisfactory Operational Condition: For purposes of this ITB shall mean to be fully functioning in accordance with manufacturer s working specifications of the speed measuring device (SMD). L. State: State shall be synonymous with the Department of Highway Safety and Motor Vehicles. M. Subcontractor: Any person, other than an employee of the contractor, who performs any of the services listed in this solicitation for compensation paid by the Contractor. See solicitation to determine whether subcontracting is permitted. N. Vendor: Any firm or person who submits a bid to the Department in response to this solicitation. (NOTE: The terms Bidder, Vendor and Contractor may be utilized herein interchangeably.) Also see links provided in this solicitation for additional definitions in PUR 1000, Paragraph 1, and PUR 1001, Paragraph PROCUREMENT OFFICER The Procurement Officer, acting on the behalf of the Department, is the sole point-of-contact with regard to all procurement matters relating to this solicitation. All questions and requests for clarification are to be directed to: Alice Riley Bureau of Purchasing and Contracts Florida Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B412, Mail Station Apalachee Parkway Tallahassee, Florida aliceriley@flhsmv.gov Subsection (23), Florida Statutes (Fla. Stat.), requires that respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the agency posting of 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 bid submittal. Page 6 of 35

7 1.4 TERM The contract term shall be for a period of three (3) years from the date of issuance of the purchase order, unless terminated earlier by the Department under the terms provided herein, with the option to renew for a period of up to three (3) years. The dates indicated on FORM 3 PRICE SHEET and/or in Section 3 are anticipated and should not be construed as the actual term dates of the resultant contract. Renewal may be structured as a single three (3) year term, three (3) one (1) year terms, or any combination totaling no more than three (3) years. Exercise of the renewal option is at the Department s discretion and will be contingent upon satisfactory service, and subject to annual appropriation by the State Legislature (See, subsection (13), Fla. Stat.). The Department will issue a purchase order to the successful Bidder in order to enter the purchase into the state s accounting and purchasing databases. The Department may also require the successful Bidder to execute a formal contract document that will be incorporated in and attached to the purchase order. 2.0 ITB PROCESS OVERVIEW 2.1 GENERAL OVERVIEW The ITB is a method of competitively soliciting a commodity or contractual service under paragraph (1)(a) Fla. Stat., and awarding a contract to the bidder submitting the lowest (cost) responsive and responsible bid. The Department posts an ITB on the Vendor Bid System (VBS) to initiate the process. 2.2 BIDDER QUESTIONS Questions related to this ITB must be received in writing, via , by the Procurement Officer listed in Section 1.3 PROCUREMENT OFFICER above, within the time indicated in Section 2.5 CALENDAR OF EVENTS. Questions must reference in the subject line of the . Responses to questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in Section 2.5 CALENDAR OF EVENTS. Also see Section 2.7 ADDENDA. 2.3 VALUE ANALYSIS The Department is interested in reducing costs related to its purchases of goods and services. While this solicitation contains specific requirements regarding the goods or services sought, bidders are encouraged, but not required, to perform a process of value analysis of the items bid and to offer suggestions for changes to goods/service specifications or contract terms and conditions that may result in lower costs, improved performance and better quality to the state. In analyzing an item or service, the following steps are suggested: List the materials and processes involved in manufacture, packaging and delivery. For each material or process, consider: Does its use contribute to value? Is its cost proportionate to its usefulness? Does it need all of its features? Is a lower cost alternative of adequate quality available? Page 7 of 35

8 Bidders are encouraged to present any suggestions for changes to the solicitation on or before the date and time indicated in Section 2.5 CALENDAR OF EVENTS, so that suggestions may be fully considered and, if appropriate, addenda modifying the solicitation may be timely issued to all prospective Bidders. Suggested change(s) to specifications, terms, or conditions should be clearly stated, along with an assessment of the impact of the change(s) on the quality or usefulness of the product/services, production or delivery cost(s), use costs, and appropriateness of the terms and conditions in protecting the rights of both parties. Include pros and cons. The Department reserves the right to reject any and all suggested changes without explanation, and/or to accept any suggested change(s) which meet(s) the Department s needs at an anticipated lower cost of production, delivery, or use than the original specifications, terms and conditions would otherwise provide. 2.4 BID OPENING The Department will hold a public opening of the bids at the date, time and location indicated in Section 2.5 CALENDAR OF EVENTS. 2.5 CALENDAR OF EVENTS The table below contains the Calendar of Events for this solicitation. Bidders should become familiar with the Calendar of Events. The dates and times within the Calendar of Events may be subject to change. It is the Bidder s responsibility to check for any changes. All changes to the Calendar of Events will be through an addendum to the solicitation. Bidders are responsible for submitting all required documentation by the dates and times indicated below (Eastern Time). The Department will not consider late documents. DATE TIME ACTIVITY January 17, 2017 Solicitation issued. January 24, :00 p.m. All questions and/or proposed changes to the solicitation must be submitted in writing to the Procurement Officer. (see Section 2.2 BIDDER QUESTIONS and Section 2.3 VALUE ANALYSIS) January 30, 2017 Anticipated date that responses to written inquiries and proposed changes, if required, will be posted on the VBS. February 15, 3:00 p.m. Bids are due February 15, :30 p.m. Public Bid Opening Location Florida Department of Highway Safety and Motor Vehicles Bureau of Purchasing and Contracts 2900 Apalachee Parkway, MS 31 Tallahassee, Florida Page 8 of 35

9 February 21, 2017 April 1, 2017 Anticipated date of posting of intent to award. Anticipated contract start date. 2.6 PROTEST OF TERMS, CONDITIONS AND SPECIFICATIONS With respect to a protest of the terms, conditions, or specifications contained in this solicitation, including any provisions governing the methods of awarding contracts, or modifying or amending any contract, a notice of intent to protest shall be filed in writing within seventy-two (72) hours after the posting of the solicitation. (See, section , Fla. Stat.) For purposes of this provision, the term the solicitation includes this ITB, any addendum, response to written questions, clarification or other document concerning the terms, conditions, or specifications of the solicitation. 2.7 ADDENDA If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, it will be posted on the Vendor Bid System at: Written answers to questions received by the Department will become part of this solicitation. It is the responsibility of the Bidder to check the VBS for new or changing information. 2.8 DISCLOSURE OF BID CONTENTS All documentation produced as part of the ITB will become the exclusive property of the Department and will not be returned to the Bidder unless it is withdrawn prior to the bid opening in accordance with Section 2.9 MODIFICATION OR WITHDRAWAL OF BID. The Department shall have the right to use any and all ideas or adaptations of ideas contained in any bid received in response to this solicitation. Selection or rejection of the bid will not affect this right. 2.9 MODIFICATION OR WITHDRAWAL OF BID Bidders may modify a bid at any time prior to the bid due date by sending the modified bid submittal to the Procurement Officer. A bid may be withdrawn by notifying the Procurement Officer in writing before the bid opening DIVERSITY The Department is dedicated to fostering the continued development and economic growth of minority, veteran, and women-owned businesses. Participation of a diverse group of Bidders doing business with the State is central to the Department s efforts. To this end, small minority, veteranowned, and women-owned business enterprises are encouraged to participate in the State s procurement process as both prime Bidders and subcontractors under prime contracts. Page 9 of 35

10 The State of Florida s Office of Supplier Diversity may be reached at and can assist in furnishing names of qualified minorities for subcontracting activities under prime contracts. (see Section 3.4 MINORITY AND SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE REPORT) 2.11 NON EXCLUSIVE RIGHTS The right to provide the commodities or services, which will be granted under the resultant Contract shall not be exclusive. The Department reserves the right to contract for and purchase commodities or services from as many firms as it deems necessary without infringing upon or terminating the resultant contract BID TENURE All bids are binding for one hundred eighty (180) days following the bid opening date ACCESSIBILITY FOR DISABLED PERSONS If special accommodations are needed to attend any solicitation-related event open to the public, please advise the Bureau of Purchasing and Contracts at no later than five (5) business days prior to the event SOLICITATION CONFLICTS AND ORDER OF PRECEDENCE All bids are subject to the terms and conditions of this ITB which, in case of conflict, shall have the following order of precedence: A. Addenda, in reverse order of issuance; B. Invitation to Bid, including attachments; C. General Contract Conditions (PUR 1000) (Section 8.1 GENERAL CONTRACT CONDITIONS (PUR1000)); and D. General Instructions to Respondents (PUR 1001) (Section 4.1 INTRODUCTION). 3.0 SCOPE OF SERVICES 3.1 GENERAL DESCRIPTION OF SERVICES The Contractor shall provide calibration and recertification services to the Department of each patrol vehicle s radar and laser units every six (6) months, and perform all other repairs on radar units, as needed, in order to maintain this equipment in satisfactory operational condition (see Section 1.2 DEFINITIONS, item K) in accordance with the terms and conditions of this ITB. The Florida Highway Patrol is required by Section , Florida Statutes, to calibrate and recertify each radar and laser unit every six (6) months in order to ensure the accuracy of the speed measuring device(s) for utilization in a court of law. The calibration and recertification of these units is crucial for the continued protection of the motoring public of Florida. 3.2 TECHNICAL SPECIFICATIONS The Contractor shall furnish all labor and materials required to calibrate and recertify each radar and laser unit every six (6) months. In addition, all other repairs to maintain radar equipment in a satisfactory operational condition (see Section 1.2 DEFINITIONS, item K) shall also be performed by the vendor, as needed. (Please see Exhibit 1 for an estimated breakdown of units and their locations.) Due to the proprietary rights of the laser manufacturers, repairs to laser units under this Page 10 of 35

11 contract will be limited to only those that are authorized by each specific manufacturer. Most services under this contract must be performed directly by the Contractor, and may not be subcontracted. Support services such as billing, or scheduling may possibly be approved for subcontracting by the Department in writing as specified in Section 8.4 SUBCONTRACTING AFTER CONTRACT EXECUTION. A. Minimum Qualifications: 1. The Contractor must be located within the State of Florida, and must be an authorized service center of the following manufacturers: A. Decatur Electronics B. Kustom Signals C. MPH Industries D. Applied Concepts E. Dragon Eye Tech F. Laser Atlanta G. Laser Technology In addition, the Contractor must have at least one (1) certified technician on staff for all of the above manufacturers prior to execution of the contract. Proof of factory authorizations must be submitted to the Department s Contract Manager prior to execution of a contract and/or issuance of a purchase order. 2. The Contractor must employ sufficient certified personnel to perform timely semi-annual (i.e., every six months) calibration certifications as required under Rule 15B-2, Florida Administrative Code. In no event may any uncertified employee, even under the supervision of a certified employee, perform this certification on any Florida Highway Patrol units. Certificates for technicians, verifying current certification, must be submitted to the Department s Contract Manager prior to execution of a contract and/or issuance of a purchase order. Such certifications must remain current during the entire contract term for all technicians servicing FHP units. Noncompliance with this section shall result in cancellation of the contract. 3. The Contractor must perform all calibration services either at their stationary facilities or by using a mobile unit. If the stationary facility is located more than 20 miles from each Troop Headquarters or Station (see Exhibit 1), and/or if a particular facility is not fully staffed Monday Friday during normal business hours of 8:00 AM -5:00 PM EST, a mobile unit shall be utilized. This is a material condition of the contract. The mobile unit is the preferred method for semi-annual certifications, especially for Troops covering a large geographical area, and must be fully equipped for all required calibration certifications. A minimum of three (3) stationary facilities are required to be strategically located throughout the Northeast/Central Region regardless of whether a mobile unit is utilized as the primary method of service or not. The stationary facilities shall serve as a backup when there are mobile unit malfunctions or scheduling conflicts. 4. The Contractor may request 30 days advance notice to schedule the mobile service appointment. Scheduling should be directly communicated between the Contractor and the Troop s or Station s designated person responsible for radar and laser certification and repair. Page 11 of 35

12 B. Service Delivery: 1. Certification - The certification service is to include all equipment and labor necessary to perform the six (6) month calibration certification of the patrol vehicle s radar, and/or laser units, (required under Section , Florida Statutes and Rule 15B-2, Florida Administrative Code), and shall include certifying the accompanying tuning forks. The certification will usually be performed prior to the expiration of the current six (6) month period; therefore, some small number of units may receive three (3) certifications in a particular contract year. Recertification shall be performed on any unit that has come in for a repair between the 6-month periods, requiring replacement of any parts in the counting unit or antenna that are used to measure or calculate speed. If, during the normal certification procedure, it is determined that a radar unit requires repairs and/or replacement of any parts, as a factory-authorized service center, the Contractor shall repair the radar unit. The Contractor shall notify the Department immediately for instruction on how to proceed if extensive repair, totaling 50% or greater of the value of the unit s current replacement cost, is needed on a radar unit. Any repair less than 50% will not require prior estimates or approvals. Laser manufacturers have proprietary rights to perform repairs/parts replacement on the major components of their products. Therefore, if during the normal certification procedure, it is determined that a laser unit requires repair, the Contractor will determine if the repair can be performed by the Contractor s technician or if the unit will need to be shipped to the manufacturer for repairs and/or replacement of parts. If repairs are needed by the manufacturer, the Contractor shall notify the Department immediately to report the action. No work shall be subcontracted to another Contractor for calibration services. 2. Repairs / Replacement - The repair service is to include parts and labor for maintaining all owned and leased/loaned radar units used by the Florida Highway Patrol in certified, satisfactory operational condition. This includes all additional items needed to affect such repairs, such as tuning forks, antennas, remote control, etc. The Contractor shall notify the Department immediately for instruction on how to proceed if extensive repair, totaling 50% or greater of the value of the unit s current replacement cost, is needed on a radar unit. Any repair less than 50% will not require prior estimates or approvals. The Contractor must list all parts replaced for a repair on the invoice and show the MSRP and the discount given. Used parts may be used for repairs when new parts are no longer available, but must be reduced by at least 50% of the value of the discounted equivalent New part. Any Used parts which cannot be discounted to this standard must carry the same warranty for parts and labor as the New parts installed. Repairs shall be charged at the hourly service rate established in the bid award. All new replaced parts shall be covered with a one (1) year warranty to include labor, and used parts shall be covered for 90 days to include labor. Quantities may be added /reduced during the contract term, as necessary. Approximately 75% of the radar unit inventory currently averages approximately 8 years old, and units are typically replaced within ten (10) years. Due to the proprietary rights of the laser manufacturers, repairs to laser units under this contract will be limited to only those that are authorized by each specific manufacturer. If it is determined that repairs are needed by the manufacturer, the Contractor shall notify the Department immediately when a laser unit requires shipping to the manufacturer. No work shall be subcontracted to another Contractor for calibration and repair services. 3. Service Time from the Stationary Facility - The Contractor(s) must have sufficient staff/facilities to return a radar or laser unit to the Florida Highway Patrol within 5 business days of receipt, if submitted only for semi-annual certification. The Contractor is responsible for returning the unit(s) as described in the Shipping/Delivery section below. Page 12 of 35

13 The Contractor must maintain sufficient staff/facilities/parts to return a radar unit to the Florida Highway Patrol within seven (7) calendar days if submitted for repair, and is responsible for return of the unit as described in the Shipping/Delivery section below. The Contractor will not be held to this time period if a unit is submitted incomplete (missing tuning forks, antenna, remote controls, etc.), or for parts replacement delays which are documented in writing by the manufacturer and provided to the Department. The Contractor must notify the local FHP Troop/Station contact immediately (no later than same day) to request assistance in obtaining the missing required items. Upon receiving the missing items, Contractor shall confirm receipt via to the FHP Troop/Station contact. The seven (7) day return requirement begins when all items are received by the Contractor. If a laser unit is in need of repair by the manufacturer, the return time does not apply to those repairs and the Contractor shall ship the unit directly to the manufacturer, at no cost to the Department. The Contractor shall notify the Department immediately when a laser unit requires shipping to the manufacturer, and is responsible for maintaining a status update with the manufacturer and providing the local FHP Troop/Station contact with any necessary updates and the estimated time of completion. 4. Mobile Unit - The Contractor(s) must perform certification services by using a mobile unit if their stationary facilities are located more than 20 miles from a Troop Headquarters or Station, and/or if a particular stationary facility is not fully staffed Monday Friday during normal business hours of 8:00 AM -5:00 PM EST. The mobile unit is the preferred method for semi-annual certifications, and as such, the troop can opt to utilize the mobile service over a stationary facility, especially for Troops covering a large geographical area. The mobile unit must be fully equipped for the required calibration certifications. Note: Contractor(s) are hereby notified that scheduling difficulties can occur when dealing with police work due to the unpredictable nature of the calls received. Therefore, no compensation will be made for missed appointments. Contractor s mobile unit service shall include, at a minimum, one (1) mobile unit to cover the Northeast/Central Region to include Troops B, C, G, and parts of I (CVE) located within B, C, & G. Certification on radar and lasers must be completed before certification expiration. The Contractor will ensure all radar and laser units which are scheduled for recertification within 30 days notice, are certified prior to expiration. Radar or laser certifications, which expire due to Trooper unavailability, will be scheduled on the Contractor s next available date. Radar and lasers may be scheduled and certified 60 days before expiration to assist with scheduling. Certifications sooner than 60 days before expiration must be approved by the Troop s or Station s designated person responsible for radar and laser certification and repair. Mobile scheduling conflicts may be resolved by shipping of the radar or laser unit to the nearest Stationary Facility with approval by the Troop/Station contact. Service and repair time standards in Section 3.0 will apply. 5. Records - All test and certification data shall be recorded on Department of Highway Safety and Motor Vehicles Speed Measuring Device Certification Form (HSMV 61070) per Rule 15B-2, Florida Administrative Code, Speed Measuring. The Contractor will be provided with a list of local FHP contacts for each Troop/Station the Contractor provides service for, who will handle coordination of all repair or calibration services. The Speed Measuring Device Certification Forms shall be submitted by the Contractor to the respective local FHP Troop/Station contact no later than 48 hours from the date of certification, and shall include certification of the validation of testing equipment accuracy. In the event that the Department has the need for the Contractor to provide additional Page 13 of 35

14 related forms during the contract period, the Contract Manager and Contractor shall determine agreeable forms upon which to record and to submit additional information for radar certification/repair/return. These forms shall also be submitted by the Contractor to the local FHP Troop/Station contact no later than 48 hours from the date of certification. 6. Reports - The following reports shall be submitted as indicated to the Department s Contract Manager: 1. A monthly Radar Service Summary Report to include make/model, serial number, DHSMV property number, antenna serial number, and date serviced. 2. A monthly Laser Service Summary Report to include make/model, serial number, DHSMV property number, and date serviced. 3. A monthly Speedometer Service Summary Report to include make/model, VIN number, tag number, odometer reading, and date serviced. The report shall accurately address activities that were performed each month, and shall be submitted by the 15th of the month following the month to which the report pertains, prior to 5:00 p.m. Additional reports may be required as mutually agreed upon by the Contract Manager and Contractor. Reports may be sent electronically. 7. Hours of Service - The Contractor s stationary facility must be open during regular business hours, which are herein defined as Monday through Friday from 8:00 AM to 5:00 PM, EST, except on holidays designated by the State of Florida. These include: New Year s Day, Martin Luther King s birthday, Memorial Day, Independence Day, Labor Day, Veteran s Day, Two days (Thursday and Friday) for Thanksgiving, and Christmas Day. The mobile service must be available for scheduled service requests Monday and Friday from 7:00 AM to 6:00 PM to ensure services are available to all work shifts within the Troop. 8. Shipping/Delivery - The Contractor is responsible for returning the unit(s), at no additional cost to the FHP. Units shall be shipped or delivered to the closest FHP office/station to the assigned Trooper via either delivery by mobile unit or by a proper shipping agent (e.g., The United States Post Office, UPS, Federal Express, DHL, Emery or other pre-approved Contractor). All shipping shall be, at a maximum, 48-hour (2-day) ground. The Contractor must provide shipping containers/boxes that sufficiently protect the units and meet all shippers requirements, at no additional cost to the Department. No notification shall be given by the FHP prior to shipping any units that are in need of repair if delivery or pickup is not feasible. The Department is responsible for paying any shipping charges for the container/boxes that it may need to ship to the Contractor. 9. Quality Assurance - The FHP reserves the right to inspect the Contractor s premises and calibration/certification and repair practices, during any and all hours the Contractor is required to be open for business under the contract, in order to ensure work is being performed to specifications in this ITB document. Once per quarter year, the FHP may submit one radar unit for repairs intentionally made defective by its personnel or agents. Submission of defective units for quality assurance purposes under this subsection shall be at the direction or authority of the Department s Contract Manager only. 10. Customer Service - The Florida Highway Patrol expects courteous, quality customer service from the Contractor. Any disputes shall be brought to the attention of the Contract Manager immediately. The Department s Contract Manager shall have the sole discretion to resolve the dispute. In addition, the Contractor shall be provided a local FHP Troop/Station contact list with one person to contact for that particular office/station who will handle all correspondence/calls related to local repair or calibration services. Page 14 of 35

15 3.3 SILENCE OF SPECIFICATIONS The apparent silence of specifications included herein on any details, or the omission from them of a detailed description, concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials and workmanship of best quality are to be used. All interpretations of this Contract shall be made upon the basis of this statement. 3.4 MINORITY AND SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE REPORT The Contractor shall provide to the Department a monthly Minority and Service-Disabled Veteran Business Enterprise Report (see subsection A., below). The monthly report shall summarize the participation of certified and non-certified minority and service-disabled veteran subcontractors/material suppliers performing any services related to the Contract for the current month. A. The Contractor shall complete and submit Exhibit 4, Monthly Minority and Service-Disabled Veteran Business Report, by the 5 th day of the following month (or next business day if the 5 th day is on a weekend day or holiday) to the following Department address: bpcreporting@flhsmv.gov Note the subject line of the with: Monthly MBE DV Report B. Should the Contractor utilize subcontractors/material suppliers meeting the criteria in this section, but have nothing to report for the month (for whatever reason), the Contractor shall still send an to the address identified above stating that there is no information to report for the previous month. C. Should the Contractor not utilize subcontractors/material suppliers meeting the criteria in this section, the Contractor shall provide a letter to the address noted above, on Contractor letterhead, indicating that this reporting requirement does not apply. If this changes, however, at any time during the contract term, the Contractor shall immediately implement the reporting requirements of this section. 3.5 ADDITIONS/DELETIONS The Department reserves the right to delete any item from the Contract, when deemed to be in the state s best interest or when FHP mission requirements dictate. It also reserves the right to add any item within the scope of the Contract. Pricing shall be comparable to the amounts paid under the Contract. These additions or deletions will be incorporated via an amendment to the Contract. 3.6 DEPARTMENT RESPONSIBILITIES The Department will provide technical support and assistance to the Contractor within the resources available to the Department to assist the Contractor in meeting the requirements of this Contract. The support and assistance, or lack thereof, shall not relieve the Contractor from full performance of all contract requirements. Page 15 of 35

16 3.7 DELIVERABLES The Contractor shall submit all deliverables in accordance with the Deliverable Schedule below. Deliverables must be approved by the Department s Contract Manager prior to payment. Deliverable due dates may be extended upon prior written approval of the Department.. Deliverable A. Completion of calibrations and repairs of all radar units determined by FHP to be in need of service, and evidenced by a monthly Radar Service Summary Report to include make/model, serial number, DHSMV property number, antenna serial number, and date serviced. The report shall address activities that were performed each month. B. Completion of calibration, and repairs authorized by the manufacturer, of all laser units determined by FHP to be in need of service, and evidenced by a monthly Laser Service Summary Report to include make/model, serial number, DHSMV property number, and date serviced. The report shall address activities that were performed each month. C. Submission of the Speed Measuring Device Certification Forms, which shall include certification of the validation of testing equipment accuracy. Due Date Radar units shall be returned to the Department within 5 business days of receipt, if submitted only for semiannual certification; and within seven (7) calendar days if submitted for repair. Summary Report shall be submitted to the Department s Contract Manager by the 15 th of the month following the month to which the report pertains, prior to 5:00 PM. Laser units shall be returned to the Department within 5 business days of receipt, if submitted only for semiannual certification; and within seven (7) calendar days if repaired by the Contractor. Summary Report shall be submitted to the Department s Contract Manager by the 15th of the month following the month to which the report pertains, prior to 5:00 PM. Shall be submitted by the Contractor to the respective local FHP Troop/Station contact no later than 48 hours from the date of certification. 3.8 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES The Department has developed the following Performance Standards which shall be met by the Contractor in performance and delivery of services. The Department reserves the right to impose liquidated damages upon the Contractor for failure to comply with the performance standard requirements set forth in the chart below. Performance Standard Requirement A. The Contractor shall provide service as described in Section 3.2., B.3. Service Time from the Stationary Facility. Liquidated Damages to be Imposed Up to 5 days past the deadline: $5.00 per overdue unit days past the deadline: $10.00 per overdue unit. 21 or more days: $15.00 per overdue unit. Page 16 of 35

17 B. The Contractor shall provide services as described in Section 3.2., B.5. Records. C. The Contractor shall provide reports as described in Section 3.2., B.6. Reports. Up to 5 days past the deadline: $1.00 per overdue unit days past the deadline: $3.00 per overdue unit. 21 or more days: $5.00 per overdue unit. $5.00 per day, per each report, not timely received, or received but incorrect, until met. D. The Contractor shall submit a monthly MINORITY AND SERVICE- DISABLED VETERAN BUSINESS ENTERPRISE REPORT by or before the 5 th day of the following month for the entire term of the Contract/purchase order, as indicated in Section 3.4. E. The Contractor shall provide invoices as described in Section 8.6. Ten dollars ($10) per day for each day beyond the due date until provided to the Department. $5.00 per day, per each invoice, not timely received, or received but incorrect, until met. F. The Contractor shall provide service as described in Section 3.2., B.3. Service Time from the Stationary Facility. 3.9 MONITORING Up to 5 days past the deadline: $5.00 per overdue unit days past the deadline: $10.00 per overdue unit. 21 or more days: $15.00 per overdue unit. The Department s Contract Manager or designated Department staff will perform monitoring during the term of the Contract to determine if the Contractor has met each Performance Standard identified in Section 3.8 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES. Monitoring shall include review of compliance with contract service delivery and review of all contract requirements. Contractor shall permit persons duly authorized by the Department to inspect any records, papers, documents, facilities, goods and services of the Contractor which are relevant to this Contract. If the Department determines that the Contractor has failed to meet a Performance Standard, the Contractor will be sent a formal contract communication in accordance with Section 3.11 COMMUNICATIONS. When issues of non-compliance are identified, the Contractor shall, if requested by the Department, submit a written Corrective Action Plan (CAP) as indicated in Section 3.10 CORRECTIVE ACTION PLAN (CAP), below. NOTE: The Department is not required to request a CAP prior to assessing Liquidated Damages for failure to meet any Performance Standard CORRECTIVE ACTION PLAN (CAP) A. If the Department determines that the Contractor is out-of-compliance (i.e., has failed to perform or satisfactorily perform) with any of the provisions of the resulting Contract, the Department shall notify the Contractor of the compliance issue(s) in writing. Page 17 of 35

18 B. Depending upon the nature of the deficiency(ies) noted, the Department will either indicate that the Contractor is out-of-compliance and the Department is assessing liquidated damages, or the Department may require the Contractor to respond by submitting a Corrective Action Plan (CAP) within a specified time frame. C. A CAP is an opportunity for the Contractor to address and resolve deficiencies without the Department immediately invoking more serious remedies, up to and including Contract termination. In determining whether to permit the Contractor to submit a CAP, the Department will consider the nature of the deficiency(ies), whether the Department would or could be adversely affected in any way by allowing additional time for correction, and the likelihood for successful correction by the Contractor. D. The CAP shall be timely submitted to the Department s Contract Manager who will review the CAP and: 1) determine whether the steps to be taken and timeline for each step will likely resolve the deficiency(ies) to the Department s satisfaction and approve the CAP, in writing, for implementation by the Contractor; or 2) Determine that the steps to be taken and/or timelines indicated will not likely resolve the deficiency(ies) to the Department s satisfaction and reject the CAP. E. If the Contract Manager rejects the Contractor s CAP, the reasons for rejection shall be provided in writing to the Contractor who shall have five (5) business days from receipt of the Department s rejection notice to correct/change the CAP and resubmit it. If the resubmitted CAP is similarly rejected, the Contractor shall be deemed in breach of the contract and liquidated damages of one hundred dollars ($100.00) per day shall be imposed for each day a satisfactory CAP is not submitted to the Department. F. The Contractor shall implement the CAP only after receiving written approval from the Department s Contract Manager or other designated Department personnel. G. If the Contractor does not meet the plan for resolving deficiencies established in the CAP to the Department s satisfaction, either by not resolving all deficiencies identified or by not resolving all deficiencies within the stated time frame(s), the Contractor shall be in breach of the contract and shall be subject to liquidated damages. H. Except where otherwise specified, liquidated damages of one hundred dollars ($100.00) per day will be imposed on the Contractor for each day that the approved CAP is not implemented to the satisfaction of the Department COMMUNICATIONS Contract communications will be in three forms: routine, informal and formal. For the purposes of the Contract, the following definitions shall apply: Routine: Informal: All normal written communications generated by either party relating to service delivery. Routine communications must be acknowledged or answered within fifteen (15) calendar days of receipt. Special written communications deemed necessary based upon either contract compliance or quality of service issues. Must be acknowledged or responded to within ten (10) calendar days of receipt. Page 18 of 35

19 Formal: Same as informal but more limited in nature and usually reserved for significant issues such as Breach of Contract, failure to provide satisfactory performance, or contract termination. Formal communications shall also include requests for changes in the scope of the Contract and billing adjustments. Must be acknowledged upon receipt and responded to within seven (7) calendar days of receipt. The only personnel authorized to use formal contract communications are the Department s Contract Manager, Contract Administrator, and the Contractor s CEO or the individual identified for contractual purposes on FORM 1 BIDDER CONTACT INFORMATION. Designees or other persons authorized to utilize formal contract communications must be agreed upon by both parties and identified in writing within ten (10) days of execution of the Contract. Notification of any subsequent changes must be provided in writing prior to issuance of any formal communication from the changed designee or authorized representative. In addition to the personnel identified above, personnel authorized to use informal contract communications include any other persons so designated in writing by the parties. If there is an urgent administrative problem, the Department shall make contact with the Contractor and the Contractor shall verbally respond to the Contract Manager within two (2) hours. If a non-urgent administrative problem occurs, the Department will make contact with the Contractor and the Contractor shall verbally respond to the Contract Manager within forty-eight (48) hours. The Contractor acknowledges that records and documents related to Contractor s service delivery are public records as provided under Chapter 119, Fla. Stat. The Contractor shall respond to all communications by facsimile, , or hard copy mail. A date/numbering system shall be utilized for tracking of formal communications. 4.0 BID INSTRUCTIONS 4.1 INTRODUCTION This section contains the General Instructions to Respondents and Special Instructions. The General Instructions to Respondents (PUR 1001, 2006 version) are incorporated by reference and can be accessed at: references_resources/purchasing_forms The following sections of the PUR 1001 (General Instructions to Respondents) are not applicable: A. Section 3. Electronic Submission of Responses Bid submittals shall be submitted in accordance with Section 5. Bid Submission Instructions of this solicitation. B. Section 4. Terms and Conditions Terms and Conditions shall be in accordance with Section II. Contract Documents and Order of Precedence, of Exhibit 1 Sample Contract. C. Section 5. Questions Questions shall be submitted in accordance with Section 2.2 BIDDER QUESTIONS of this solicitation. Page 19 of 35