2125 Petroleum Traders: PBA 19/20-04TRANSMITTAL 1WjEMoRANj)UM
TO: City Clerk/Mayor
1Ck042v1
The item(s) noted below is/are attached and forwarded to your office for the following action()
s :
❑
❑
Development Order
Final Plat (original mylars)
E
Mayor's signature
ElLetter
❑
of Credit
Maintenance BondRendering
El
19
Recording
ElOrdinance
Safe keeping (Vault)
❑
Performance Bond
❑
Deputy City Manager
❑
[]
Resolution
❑
Payment Bond
City Manager Signature
❑
City Clerk Attest/Signature
—
City Attorney/Signature
Once completed, please:
Return originals to Purchasing- Department
❑❑ Return copies
Special Instructions:
Li vw(,ye y 60ja.0(z ye v -
From ) t________
Date
SharePoint Finance Purchasing_Forms - 2018.doc
Petroleum Traders Corporation Piggyback Contract (PBA 19120-04) (Fuel})
The City of Sanford ("City") enters this "Piggyback" Contract with Petroleum
Traders Corporation, an Indiana corporation (hereinafter referred to as the "Vendor"),
whose principal and mailing address is 7120 Pointe Inverness Way, Fort Wayne, Indiana
46804, under the terms and conditions hereinafter provided. The City and the Vendor
agree as follows:
(1). The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
State of Florida, Department of Management Services, said contract being identified
as "State Term Contract No. 15100000-19-1 For Bulk Fuel, Gasoline, and Diesel", as
may have been amended, in order for the Vendor to provide bulk fuel, gasoline, and
diesel relating to the City's various projects (said original contract being referred to
as the "original government contract").
(2). The original government contract documents are incorporated herein by
reference and is attached as Exhibit "A" to this contract. All of the terms and
conditions set out in the original government contract are fully binding on the parties
and said terms and conditions are incorporated herein; provided, however, that the
City will negotiate and enter work orders/purchase orders with the Vendor in
accordance with City policies and procedures for particular goods and services.
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
(a). Time Period ("Term") of this Contract: (state NIA if this is not applicable).
N/A. Notwithstanding any provisions, however, this Contract shall not be operative
for a period of time exceeding 5 years.
(b). Insurance Requirements of this Contract: (state N/A if this is not
applicable). NIA.
(c). Any other provisions of the original government contract that will be
modified: (state N/A if this is not applicable). N/A.
(d). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated representative for this Contract
is:
Ms. Marisol Ordonez
Purchasing Manager
Finance -Purchasing Division
City of Sanford
Post Office Box 1788
Sanford, Florida 32772
Phone: 407.688.5028
E-mail address: Marisol. Ord onez@Sanfordfl.gov
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
2
arising out of or related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
(f). Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(g). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State or local regulatory agency.
(h).
(1). IF THE CONTRACTOR/VENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI
HOUCHIN, CMC, FORM, CITY CLERK, CITY OF SANFORD, CITY HALL,
300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
(11). In order to comply with Section 119.0701, Florida Statutes, public
records laws, the Vendor must:
3
(A). Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service.
(B). Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(C). Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized
by law.
(D). Meet all requirements for retaining public records and transfer, at no
cost, to the City all public records in possession of the Vendor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
(III). If the Vendor does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Agreement.
(IV). Failure by the Vendor to grant such public access and comply with public
records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. The Vendor shall promptly provide the City with a copy of any
request to inspect or copy public records in possession of the Vendor and shall
promptly provide the City with a copy of the Vendor's response to each such request.
(i). All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
4
Entered this 2 4 trday of
Attest:
Glen Moonen, Secretary
Attesk
September 2019.
6\R.i(Wu0Kj,fY), MO� INN
Traci Houchin, City Clerk, CIVIC, FCRM
Approved as to form and legal sufficiency.
Petroleum Traders Corporation, an
Indiana corporation.
By: Z-� ' -zi
Vicki L Himes, Vice President
Date: 9-24-19
City Of Sanford
By: / / L --
Jeff Trip t, vi yor
Date:
MUM"
5
Exhibit "A"
[Attach original government contract]
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
state purchasing
h
- - We serve th-c wow serve Florida
State Term Contract
No. 15100000-19-1
For
Bulk Fuel, Gasoline, and Diesel
This Contract is between the State of Florida, Department of Management Services (Department),
an agency of the State of Florida and Petroleum Traders Corporation (Contractor), collectively
referred to herein as the "Parties."
Accordingly, the Parties agree as follows:
I. Contract Award
The Contractor has been awarded in all four regions the following fuel groups and fuel types:
Diesel Fuel, Grade No. 2-D Ultra Low Sulfur- Transport and Non -Transport
Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur- Transport and Non -Transport
Gasoline E10, Unleaded 87 Octane- Transport and Non -Transport
Il. Initial Contract Term.
The Initial Contract Term shall be for three years. The Initial Contract Term shall begin on July
1, 2019. The Contract shall expire on June 30, 2022, unless terminated earlier in accordance
with the Special Contract Conditions.
111. Renewal Term.
Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for
a Renewal Term not to exceed the Initial Contract Term, pursuant to the incorporated Special
Contract Conditions.
IV. Contract.
As used in this document, "Contract" (whether or not capitalized) shall, unless the context
requires otherwise, include this document and all incorporated Attachments, which set forth
the entire understanding of the Parties and supersedes all prior agreements. All modifications
to this Contract must be in writing and signed by all Parties.
All Attachments listed below are incorporated in their entirety into, and form part of this
Contract. The Contract Attachments shall have priority in the order listed:
a) Exhibit A: Scope of Work, Attachment A
b) Exhibit B Markup Sheet
c) Exhibit C: Special Contract Conditions, Attachment C
d) Exhibit D: Addenda to Solicitation
e) Exhibit E: ITB and other ITB Attachments
Page 1 of 2
State Term Contract No. 15100000-19-1
For
Bulk Fuel, Gasoline, and Diesel
V. Amendment to Exhibit E (ITB)
ITB Section 2.1 Definitions; is hereby amended to replace two definiations for Transport and
Non transport delivery to the definitions listed below:
Transport Delivery - A delivery by a transport truck or other means with a minimum delivery
of 6,000 gallons and a maximum delivery of; 8,500 gallons for gasoline, 7,500 gallons for
diesel, and 7,500 gallons for a combination load of gasoline and diesel.
Non -Transport Delivery - A delivery by tank wagon or other means with a minimum delivery
of 500 gallons and a maximum delivery of; 5,999 gallons for gasoline, 5,999 gallons for diesel,
and 5,999 gallons for a combination load of gasoline and diesel.
VI. Contract Management.
Department's Contract Manager:
Frank Miller
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 488-8855
Email: Frank.Miller2@dms.myflorida.com
Contractor's Contract Manager:
Gayle Newton
Petroleum Traders Corporation.
Po Box 2357
Fort Wayne, IN 46801
Telephone: (888) 637-7661
Email: gnewton@petroleumtraders.com
IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the
incorporated Attachments, to be executed by their undersigned officials as duly authorized. This
Contract is not valid and binding until signed and dated by the Parties.
PETROLEUM TRADERS STATE OF FLORIDA,
CORPORATION DEPARTMENT OF MANAGEMENT SERVICES
Date:
Patrick Gillespie, Deputy Secretary
Date:
Page 2 of 2
State Term Contract No. 16100000-19.1
For
Bulk Fuel, Gasoline, and Diesel
V. Amendment to Exhibit E (ITB)
ITB Section 2.1 Definitions; is hereby amended to replace two definiations for Transport and
Non transport delivery to the definitions listed below:
Transport Delivery - A delivery by a transport truck or other means with a minimum delivery
of 6,000 gallons and a maximum delivery of; 8,500 gallons for gasoline, 7,500 gallons for
diesel, and 7,500 gallons for a combination load of gasoline and diesel.
Non -Transport Delivery - A delivery by tank wagon or other means with a minimum delivery
of 500 gallons and a maximum delivery of; 5,999 gallons for gasoline, 5,999 gallons for diesel,
and 5,999 gallons for a combination load of gasoline and diesel.
VL Contract Management
Department's Contract Manager:
Frank Miller
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 488-8855
Email: Frank.Miller2@dms.myfbrida.com
Contractor's Contract Manager:
Gayle Newton
Petroleum Traders Corporation,
Po Box 2357
Fort Wayne, IN 46801
Telephone: (888) 637-7661
Email: gnewton@petroleumtraders.com
IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the
incorporated Attachments, to be executed by their undersigned officials as duly authorized. This
Contract is not valid and binding until signed and dated by the Parties.
PETROLEUM TRADERS
CORPORATION
Vicki L. Himes, Vice President
06/14/2019
Page 2 of 2
Exhibit A
Scope of Work
A. General Statement
1. Purpose
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
The State of Florida Department of Management Services' Division of State
Purchasing (Department) is issuing this Invitation to Bid (ITB) to establish a state
term contract for Bulk Fuel, Gasoline, and Biodiesel. Customers for this contract
include all state agencies and eligible users. (It is anticipated that Customers will use
approximately 10,000,000 gallons annually under the resulting Contract, if any).
2. Commodity Code List
UNSPSC
Commodity Description
15101505
Diesel fuel
15101506
Gasoline or Petrol
15101513
Diesel fuel off road
15101801
1 Biodiesel
B. Definitions
1. Back Haul- Return of unused fuel.
2. Contractor - The successful bidderNendor who is awarded the resultant contract
under this solicitation. Contractor is also known as the "Shipper".
3. Contract Manager - Person designated by the Department of Management Services
(the Department) to be responsible for managing the performance of a contract.
4. Customer - An ordering entity including state agencies and eligible users, as defined
in Rule 60A-1.001, Florida Administrative Code (F.A.C.).
5. Eligible User - A governmental entity defined in Rule 60A-1.001, F.A.C.
6. Emergency Delivery- When a delivery is required to help immediate risk to health,
life, or property.
7. Freight Charge- The fee is applied to all shipments and is set by local authorities
which means this fee may apply to both import or export shipments.
8. Pump Off- Using a pump to pull the fuel from the truck/trailer and pushes the fuel to
its destination.
9. Top Off- To bring fuel to the maximum tank level of 1,000 gallons or less.
Page 1 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
C. Commodity Specifications
1. Biodiesel Blend: Blend of grade no. 2-D ultra-low sulfur diesel and up to 20%
biodiesel, for use in over the road diesel engine, meeting the American Society for
Testing and Materials (A.S.T.M.) specification D7467 for biodiesel blends (6% —
20%). The biodiesel component shall consist of mono -alkyl esters of long chain fatty
acids derived from new and used vegetable oils, designated B100, B99.9, or B99,
meeting the A.S.T.M. specification D6751 and be certified under the BQ9000 quality
program. The diesel component (grade no. 2-D ultra-low sulfur diesel) and any
blends with less than 6% biodiesel shall meet A.S.T.M. specification D975. The final
product shall comply with the standards in Rule 5J-21.001, F.A.C. The Contractor
must deliver any blend requested by the Customer.
2. Diesel Fuel, Grade No. 2-D Ultra Low Sulfur: Grade no. 2-D (.0015 mass
Percentage sulfur, 40 cetane min.), for use in over the road diesel engine, per
A.S.T.M. specification D975, complying with Rule 5J-21.001, F.A.C.
3. Gasoline E10, Unleaded 87 Octane: The product shall comply with the standards in
Rule 5J-21.001, F.A.C.
4. Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur: for use in off-road diesel
engine, minimum cetane number of 40 using A.S.T.M. D613, A.S.T.M specification
D975, Grade # 2 S15. The product shall comply with the standards in Rule 5J-
21.001, F.A.C.
Upon Customer request, Contractor must provide all certificates concerning product quality of all
commodities listed in Section C (1-4) inclusive in this Scope of Work.
D. Pricing Elements for Purchase of Fuels
1. Cost of Fuel
Prices will be calculated for each fuel type using the following information:
1.1 Biodiesel Blend
1.1.1 Data Transmission Network (DTN) FastRacks Average Price for Ultra
Low No. 2. The daily price will be used to calculate the diesel portion for
Biodiesel.
1.1.2 The Wall Street Journal's published Monday closing price for soybean
oil, as printed in the Tuesday edition under "Fats and Oils" in the "Cash
Prices" column. This weekly price will be used to calculate the bio
portion of the Biodiesel. This method will be used unless vendor(s) can
show a better way of getting the price weekly. If no Monday price is
published, then the next available published price will apply (Tuesday,
Wednesday, etc.).
1.1.3 Contractor's Markup as determined by the Price Sheet for the region in
which delivery of Fuel is made.
1.1.4 All applicable Fuel taxes and/or petroleum associated fees as
determined by the county in which delivery of Fuel is made.
Page 2 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Sample Calculations:
B20 wholesale price = 0.80 times the price for ultra-low sulfur no. 2 diesel plus
0.20 times the price for soybean oil.
1310 wholesale price = 0.90 times the price for ultra-low sulfur no. 2 diesel plus
0.10 times the price for soybean oil.
B5 wholesale price = 0.95 times the price for ultra-low sulfur no. 2 diesel plus
0.05 times the price for soybean oil.
The Contractor is prohibited from negotiating or billing in a manner that
exceeds the stated prices included in the Contract. The Contractor agrees that
the price charged to the Customer shall be subject to audit, and the Contractor
shall make all records supporting the invoiced prices available for inspection,
upon written request by the Customer.
1.2 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
1.2.1 DTN FastRacks Average Price for Ultra Low No. 2.
1.2.2 Contractor's Markup as determined by the Price Sheet for the region in
which delivery of Fuel is made.
1.2.3 All applicable Fuel taxes and/or petroleum associated fees as
determined by the county in which delivery of Fuel is made.
1.3 Gasoline E10, Unleaded 87 Octane
1.3.1 DTN FastRacks Average Price for Gasoline E-10 10% Ethanol.
1.3.2 Contractor's Markup as determined by the Price Sheet for the region in
which delivery of Fuel is made.
1.3.3 All applicable Fuel taxes and/or petroleum associated fees as
determined by the county in which delivery of Fuel is made.
1.4 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur
1.4.1 DTN FastRacks Average Price for Ultra Low Red No. 2.
1.4.2 Contractor's Markup as determined by the Price Sheet for the region in
which delivery of Fuel is made.
1.4.3 All applicable Fuel taxes and/or petroleum associated fees as
determined by the county in which delivery of Fuel is made.
The DTN FastRacks Average Price used above will be that of the closest appropriate
terminal, on the date of delivery to the Customer, regardless of when or where the
Contractor obtained fuel. The Contractor must subscribe to the DTN FastRacks
Averages by calling DTN's Sales Department at 1-800-779-5775.
The following terminals are used to refer to the DTN FastRacks Average Prices:
• Pensacola
• Panama City
• Jacksonville
Page 3 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
• Orlando
• Tampa
• Miami
• Bainbridge, GA
2. Fuel Fees, Taxes, and Other Costs
The Contractor may assess the following charges as determined by the price sheet
for the county in which delivery of Fuel is made:
2.1. Delivery charges are allowed.
2.2. Freight charges will apply on all Transport Deliveries.
2.3. Pump off charge for Transport Delivery. This may be charged more than once if
Transport Delivery truck is required to relocate to deliver to additional tanks.
2.4. Excessive delay charge if Contractor should wait more than 30 minutes to
begin Fuel delivery.
2.5. Back haul charge if Customer orders more than tanks can hold.
2.6. Top off charge.
2.7. Tank maintenance, if customer and vendor agree.
2.8. Other fees were permitted by paragraph 215.422(3)(b), Florida Statutes.
This space left intentionally blank.
Page 4 of 10
Invitation mBid (ITB)No: /*-1mu00omw
Bulk Fuel, Gasoline, and Diesel
E. Delivery bmCustomers
Map mfFour Geographic Regions for Delivery to Customers
Identification of Counties within Four Geographic Regions
Bay
Calhoun
Dixie
Eacornbio
Franklin
Gadsden
Gulf
Holmes
Jackson
Jefferson
Lafayette
Leon
Liberty
Alachua
Baker
Bradford
Clay
Columbia
Duval
F|og|er
Gilchrist
H8nniUDO
Levy
Marion
Nassau
Putnam
Page 5 of 10
Brevard
Charlotte
Citrus
Desoto
Hardee
Hernando
Highlands
Hillsborough
Indian River
Lake
Lee
Manatee
Okeechobee
Bmward
Collier
Glade
Hendry
Martin
Miami -Dade
Monroe
Palm Beach
WESTERN {W)
Madison
Okaloosa
Santa Rosa
Taylor
Wakulla
Walton
Washington
NORTHERN H
St. Johns
Suwannee
Union
Volusia
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
CENTRAL M
Orange
Osceola
Pasco
Pinellas
Polk
Sarasota
Seminole
St. Lucie
Sumter
NOTE: Gallons listed below may be converted to liters.
F' iil1111ii:1:4c7�ii��
1. Normal delivery on this Contract shall be from 6,000 to 8,500 gallons for a Delivery of
gasoline; 6,000 to 7,500 gallons for a Delivery of diesel; and 7,500 gallons for a
combination load Transport Delivery of gasoline and diesel.
2. Delivery options on the contract for less than the normal delivery can be made via a
tank wagon, LPG trucks, or other means to receive less than 6,000 gallons.
3. In the event of an emergency, gas and/or diesel deliveries/top offs can be made by a
tank wagon or other available transportation for gas or diesel deliveries less than the
normal delivery load.
4. Delivery shall be made available to all state agencies and their locations.
Imperial measurements appearing are not intended to preclude bids for commodities
with metric measurements.
5. Normal delivery of fuel will be delivered to the Customer's tank(s) within 48 hours
after telephone notification is received unless specified otherwise by the Customer.
For new accounts, the Contractor will be allowed additional time to enter all required
account information into their ordering/billing system to establish the new account.
This time will be agreed upon by the Customer and the Contractor. The State prefers
that vehicles equipped with meters make delivery. If non -metered vehicles are used,
the driver shall leave a metered loading report from the terminal with the Customer. If
temperature corrected billing is used, the loading report shall give all pertinent
information. Customer may be subject to a service charge if request is for same day
delivery.
6. Before unloading of Fuel begins, Customer personnel and Contractor personnel shall
measure the Customer's tank(s) to receive Fuel and shall again measure the tank(s)
after delivery. Customer may be subject to a back -haul charge if the Customer
orders more Fuel than the Customer's tank(s) can hold upon delivery and a portion
of the Fuel ordered has to be returned.
F. Emergency Fuel Plan
Within thirty days of contract signing, the Contractor and the State shall jointly develop an
Emergency Fuel Plan (Plan). The emergency purchases under the Plan shall include the use of
Page 6 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
equipment and tools, and all services and responsibilities prescribed or implied which are
necessary for the complete performance by the Contractor of its obligations under the Plan.
This Plan shall include but not be limited to:
• Commodities and services available to Customers during emergencies
• An assessment of risks
• Operational assignments (Who does what, when and how)
• Procedures for Emergency notification (How do we tell people there's a problem?)
• Procedures for activation in the event of an emergency to protect and/or recover
critical assets and functions
• Procedures for Plan testing
• Procedures for an annual review, updating, altering and re -writing that results in a
document that is fully functional and operational
• The plan must be able to work with the State's Fuel Card program
G. Invoices
1. The Contractor shall submit timely invoices to the Customer.
2. At a minimum the invoices are to provide the following information:
2.1. Contractor's name, contract number, actual date of delivery, location of
delivery, fuel manufacturer, and fuel quantity delivered;
2.2. DTN FastRacks Average Price based on the actual delivery date and named
closest terminal used for price;
2.3. Exempted taxes, fees, credits, markup, and other fees consisting of freight,
pump -off, excessive delay, back -haul, top -off, tank maintenance pump off fee;
2.4. Adjustments due to unforeseen circumstances including but not limited to
erroneous orders, fuel spills, delivery of incorrect fuel, and cross -fueling; and
2.5. Total invoice price.
3. To encourage transparency, all line item costs on all invoices shall include a
description of each cost sufficient for a Customer to understand and audit.
H. Punch -out Catalog and Electronic Invoicing
The Contractor will be required to provide an MFMP punch -out catalog. The punch -out catalog
provides an alternative mechanism for suppliers to offer the State of Florida access to products
awarded under the Contract. The punch -out catalog also allows for direct communication
between the MFMP eProcurement System and a supplier's Enterprise Resource Planning
(ERP) system, which can reflect real-time product inventory/availability information.
Through utilization of the punch -out catalog model, a Florida buyer will "punch out" to a
supplier's website. Using the search tools on the supplier's Florida punch -out catalog site, the
user selects the desired products and services. When complete, the user exits the supplier's
punch -out catalog site and the shopping cart (full of products and services) is "brought back" to
MFMP. No orders are sent to a supplier when the user exits the supplier's punch -out catalog
site. Instead, the chosen products and services are "brought back" to MFMP as Contract line
Page 7 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
items. The user can then proceed through the normal workflow steps, which may include
adding/editing the products to a requisition or a purchase order. An order is not submitted to a
supplier until the buyer actually adds the line items to a requisition and the purchase order is
approved and sent to the supplier.
At the State's option, the Contractor holds the option to invoice electronically pursuant to
guidelines of the Department of Management Services. Electronic invoices will be submitted to
the agency through the Ariba Network (AN) in one of three mechanisms as listed below. The
Contractors may 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 Ariba Network (AN) for catalog and non -catalog products and
services. The cXML format is the Ariba preferred method for elnvoicing.
• 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 AN, for catalog and non -catalog
products and services.
• PO Flip via AN
• The online process allows suppliers to submit invoices via the AN, for catalog and
non -catalog products and services. Suppliers have the ability to create an invoice
directly from their Inbox in their AN 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 punch -out catalog and electronic invoicing.
I. Contract Reporting
The Contractor shall report information on orders received from state agencies and eligible
users associated with this contract. The Contractor shall supply to the Department all the
data, calculations, and documents used in computing all costs associated with the supply and
delivery of Fuel.
No favorable action will be considered for any contractor who has outstanding Contract
Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to
include fees / monies that is required under this Contract.
Page 8 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
The Contractor shall submit reports in accordance with the following schedule:
Report
Period
Covered
Due Dates
MFMP Transaction Report
Calendar
15th calendar day of the month following the
month
receipt of payment for the vendor's good or
services.
Contract Quarterly Sales
State's Fiscal
10 calendar days after close of the period
Report
Quarter
Savings / Price Reductions
Annual
10 business days after each action that
adjusts prices
Diversity Report (submitted
State Fiscal
10 business days after close of the period
to the Customer)
Year
Preferred Pricing Affidavit
Annual
Contract anniversary date
J. MFMP Transaction Fee Report
The Contractor is required to submit monthly Transaction Fee Reports in the Department's
electronic format. Reports are due 15 calendar days after the end of the reporting period. 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 Vendor on the MFMP
website: MFMP Transaction Fee and Reporting. Assistance is also available with the
Transaction Fee Reporting System from the MFMP Customer Service Desk by email at
feeprocessinq@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776)
from 8:00 a.m. to 6:00 p.m. ET.
K. Quarterly Sales Report
The Contractor agrees to submit a Quarterly Sales Report to the Department's Contract
Manager within 10 calendar days after the close of each State Fiscal quarter (September 30,
December 31, March 31, and June 30).
Quarterly Reporting periods should coincide with the contract term and should begin the
quarter following contract execution. Reports must be submitted in MS Excel format. The
report will include all sales (orders) from state agencies and eligible users received
(associated with this contract) during the period. Initiation and submission of the Quarterly
Report is the responsibility of the Contractor without prompting or notification from the
Department's Contract Manager. If no orders are received during the period, the Contractor
must submit a report stating that there was no activity. If the Contractor fails to submit two
consecutive quarterly sales reports, the Contract may be terminated for convenience or the
Department may choose to not renew the Contract.
The Contractor shall report to each Customer (ordering entity), spend with certified and other
minority business enterprises. These reports shall include the period covered, the name,
minority code and Federal Employer Identification Number of each minority business utilized
during the period, commodities and services provided by the minority business enterprise,
and the amount paid to each minority business on behalf of each purchasing agency ordering
under the terms of this Contract.
In addition, the Department may require additional Contract sales information such as copies
of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad
hoc requests within the specified amount of time as requested by the Department.
Page 9 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
The Contractor is required to submit ad hoc reports within the specified amount of time as
requested by the Department.
L. Business Review Meetings
In order to maintain the partnership between the Department and the Contractor, each
quarter the Department may request a business review meeting. The business review
meeting may include, but is not limited to, the following:
• Successful completion of deliverables
• Review of the Contractor's performance
• Review of minimum required reports
• Addressing of any elevated Customer issues
• Review of continuous improvement ideas that may help lower total costs and/or
improve business efficiencies
M. Financial and Other Consequences
The following financial consequences will apply for nonperformance of the contract by a
Contractor. The State reserves the right to withhold payment or implement other appropriate
remedies, such as contract termination or nonrenewal, when the Contractor has failed to
perform/comply with provisions of the Contract. These consequences for non-performance are
not to be considered penalties.
The financial consequences will be paid via check or money order and made out to the
Department of Management Services in US Dollars within 30 calendar days after the required
report submission date. These consequences are individually assessed for failures over each
target period beginning with the first full month or quarter of the contract performance and every
quarter thereafter.
N. Service Level Agreement (SLA) Performance
State agencies and eligible users may add SLA requirements and additional financial
consequences in their statements of work for failing to meet performance requirements within
any negotiated SLA or purchase order.
Page 10 of 10
Financial
Performance Metrics
Description
Frequency
Consequences Trigger
for Non -Performance
Per Day Late
Submission of complete
Submit Quarterly Sales
Each
$250
and accurate Contract
Report 10 calendar
quarter
Quarterly Sales Report
days after close of the
period
Submission of complete
Submit Monthly
Each
$100
and accurate Contract
Transaction Fee Report
month
Monthly Transaction Fee
15 calendar days after
Report
close of the period
N. Service Level Agreement (SLA) Performance
State agencies and eligible users may add SLA requirements and additional financial
consequences in their statements of work for failing to meet performance requirements within
any negotiated SLA or purchase order.
Page 10 of 10
p U
w N N c O N
W
Z O O T a) i E O
t— - a3 �
cuO
cnl
V- m
N O rn m O a) a3 ns N a)
J o O O N (ca 0 Y a) N L cm 75
t6 C U
O
W>=-(n"
ca N N E t-0 m J Jco a3 c d E �_
Z m��o = Xlz o Cl) U)
W
V
7
Z ca '6 Co V) co c� E c c c ca
W cu E> t y> of c o c g�
_ U 5= v E 3 co � o
Qmm UOLLUr = `�Z��m=>
O
z
(a c
i- eo aY N c 1`o o 0' N U)mo o aiya�o�mMWm @ 42 _j M
�� m
w U W LL O S J O
co
a
Exhibit B - Markup Sheet (Western Region)
Petroleum Traders Corporation
Transport Delivery (6,000 - 7,500gallons) I $ 0.01 1 $ 0.011 $ 2.03
Non -Transport Delivery (500 - 5,999 gallons) 1 $ 0.481 $ 0.481 $ 0.45
ft
roup B - Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur
MR-11TI610116*1 MEM,
4on-Transport Delivery (500 - 5,999 gallons)
Allowable Charges - All Delivery Types
Delivery Charge (per gallon)
Delay Charge (per 30 minutes)
Back Haul Charge (per gallon)
Top Off Charge (flat rate, not to exceed)
Emergency Delivery Charge (per gallon, not to exceed)
' � !#�
Allowable Charges - Transport Delivery Only _
Freight Charge (flat rate, not to exceed) $ $
Pump Off Charge (per pump off, not to exceed) $ 10.00 $ 10.00
Maximum Pump Off Charge (per delivery, not to exceed) $ 10.00 $ 10.00
Allowable Charges - Transport Delivery Only _
Freight Charge (flat rate, not to exceed) $ $
Pump Off Charge (per pump off, not to exceed) $ 10.00 $ 10.00
Maximum Pump Off Charge (per delivery, not to exceed) $ 10.00 $ 10.00
Exhibit B- Markup Sheet (Northern Region)
p $ 0.01 $ 0.01 $ 2.03
rans ort Deliver 6,000 - 7,500 gallons)
Non -Transport Delivery (500 - 5,999 gallons) 1 $ 0.481 $ 0.48 $ 0.45
rans ort Delivery (6,000 - 7,500gallons)
$
0.021
$
0.02
Is
2.03
Non -Transport Delivery (500 - 5,999 gallons)
1 $
0.48
$
0.481
$
0.45
Biodiesel Blend
Trans ort Delivery 6,000 - 7,500gallons)
* *
NO BID * *
Non -Transport Delivery (500 - 5,999 gallons)
* *
NO BID * *
Group D - Gasoline E10, Unleaded 87 Octane
Transport Deliver (6,000 - 8,500gallons)
$OA1
$
0.01 is
2.03
Non -Transport Delivery (500 - 5,999 gallons)
$
0.48 1
$
0.48 1
$
0.45
Allowable Charges - All Delivery Types
Delivery Charge (per gallon)
Delay Charge (per 30 minutes)
Back Haul Charge (per gallon)
Top Off Charge (flat rate, not to exceed)
Emergency Delivery Charge (per gallon, not to exceed)
$ 0.06 $ 0.06
$ - $-' -- -
$ 0.05 $ 0.05
$ - $ _
$ 0.05 1 $ 0.05
Allowable Charges - Transport Delivery Only
Freight Charge (flat rate, not to exceed) $ - $ -
Pump Off Charge (per pump off, not to exceed) $ 10.00 $ _ 10.00
Maximum Pump Off Charge (per delivery, not to exceed) $ 10.00 $ 10.00
Exhibit B - Markup Sheet (Central Region)
Petroleum Traders Corporation
croup B - Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur
qon-Transport Delivery (500 - 5,999 gallons)
Allowable Charges - All Delivery Types
Delivery Charge (per gallon)
Delay Charge (per 30 minutes)
Back Haul Charge (per gallon)
Top Off Charge (flat rate, not to exceed)
Emergency Delivery Charge (per gallon, not to exceed)
see E. I i.
: t�e't`rrn
i / [ 1 1 M''
Zu
'Mar�ip
Group A - Diesel Fuel, ..-No. 2-D Ultra Low Sulfur
Transport Delivery (6,000 - 7,500gallons)
Is
0.01
$ 0.01 $
2.03
Non -Transport Delivery (500 - 5,999 gallons)
1 $
0.481
$ 0.48 1 $
0.45
croup B - Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur
qon-Transport Delivery (500 - 5,999 gallons)
Allowable Charges - All Delivery Types
Delivery Charge (per gallon)
Delay Charge (per 30 minutes)
Back Haul Charge (per gallon)
Top Off Charge (flat rate, not to exceed)
Emergency Delivery Charge (per gallon, not to exceed)
see E. I i.
',
i / [ 1 1 M''
Allowable Charges - Transport Delivery Only
Freight Charge (flat rate, not to exceed) $ - $ -
Pump Off Charge (per pump off, not to exceed) $ 10.00 $ 10.00
Maximum Pump Off Charge (per delivery, not to exceed) $ 10.00 $ 10.00
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
Table of Contents
SECTION1. DEFINITION . .............................................................................................. 2
SECTION 2. CONTRACT TERM AND TERMINATION ...................................................2
SECTION 3. PAYMENT AND FEES . .............................................................................. 3
SECTION 4. CONTRACT MANAGEMENT . .................................................................... 4
SECTION 5. COMPLIANCE WITH LAWS ....................................................................... 6
SECTION 6. MISCELLANEOUS . ................................... 8
SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE,
AND INDEMNIFICATION 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT
AND INTELLECTUAL PROPERTY . .............................................................................. 11
SECTION 9. DATA SECURITY AND SERVICES ..........................................................12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS ...........................14
SECTION 11. CONTRACT MONITORING .................................................................... 15
SECTION 12. CONTRACT AUDITS ......................................................... .................... 16
SECTION 13. BACKGROUND SCREENING AND SECURITY .....................................17
SECTION 14. INFORMATION TECHNOLOGY .............................................................18
In accordance with Rule 60A-1.002(5), F.A.C., Form PUR 1000 is included
herein by reference and is superseded in its entirety by these Special
Contract Conditions.
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida
Statutes, (F.S.) and rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer.
The agency or eligible user that purchases commodities or contractual services pursuant
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work.
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of suspension. Examples of a 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 must comply with the notice and will cease the activities associated with any
active or new purchase orders. Within ninety (90) calendar days, or any longer period
agreed to by the Contractor, the Department or Customer will either (1) issue a notice
authorizing resumption of work, at which time activity will resume, or (2) terminate the
Contract or purchase order. Suspension of work will not entitle the Contractor to any
additional compensation.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in the
best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
2.3.3 Termination for Cause.
Page 2 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may: (a) immediately terminate the
Contract; (b) notify the Contractor of the noncompliance or default and require correction
within a specified time, otherwise the Contract will terminate at the end of such time; or
(c) take other action deemed appropriate by the Department.
SECTION 3. PAYMENT AND FEES.
3.1 Pricing.
The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases.
The following price decrease terms will apply to the Contract:
(a) Preferred Pricing. Consistent with the goals of section 216.0113, F.S., Contractor
acknowledges and recognizes that the Department wants to take advantage of any
improvements in pricing over the course of the Contract period. To that end, the pricing
indicated in this Contract is a maximum guarantee under the terms of this
clause. Contractor's pricing will not exceed the pricing offered under comparable
contracts. Comparable contracts are those which are similar in size, scope, and terms.
Contractor must annually submit an affidavit from an authorized representative attesting
that the Contract is in compliance with this clause.
(b) Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices
compared to then -authorized prices.
3.3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain detail sufficient for an audit and contain the Contract Number and
the Contractor's Federal Employer Identification Number.
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract. If applicable, the Contractor must provide commodities or
contractual services pursuant to purchase orders. The purchase order period of
performance survives the expiration of the Contract. The duration of purchase orders
must not exceed the expiration of the Contract by more than twelve (12) months.
3.5 Travel.
Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing, and may be reimbursed only in accordance with section 112.061, F.S.
3.6 Annual Appropriation.
Page 3 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess
of one fiscal year, the State of Florida's performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law.
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer unless authorized by Florida law.
3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of any and all prior agreements between the Parties.
4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager by certified mail, return receipt requested; reputable air courier service; email;
personal delivery; or as otherwise identified by the Department.
4.3 Department's Contract Manager.
The Department's Contract Manager, who is primarily responsible for the Department's
oversight of the Contract, will be provided in a separate writing to the Contractor upon
Contract signing in the following format:
Jane Doe
Address
Page 4 of 19
Exhibit C
Special Contract Conditions
Telephone #
Email
STC # 15100000-19-1
In the event that the Department changes the Contract Manager, the Department will
notify the Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor's Contract Manager.
The Contractor's Contract Manager, who is primarily responsible for the Contractor's
oversight of the Contract performance, will be provided in a separate writing to the
Department upon Contract signing in the following format:
Jane Doe
<Insert Contractor name>
<Insert Contractor's physical address>
Telephone: (XXX) 555-XXXX
Email: iane.doe(a7business.gmail.com
In the event that the Contractor changes its Contract Manager, the Contractor will notify
the Department. Such a change does not require an amendment to the Contract.
4.5 Diversity Reporting.
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises, and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at
osdinfo(c)dms. myflorida.com.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
Department purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following
statement applies:
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
Page 5 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
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 RESPECT and the commodities or contractual services it
offers is available at http://www.respectofflorida.org.
4.7 PRIDE.
Subject to the agency determination provided for in sections 287.042(1) and 946.515,
F.S., the following statement applies:
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 commodities or contractual services it offers
is available at httr)://www.i)ride-enterDrises.ora.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business.
The Contractor must 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. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran's status.
Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a) -
(c), and (g), F.S., are hereby incorporated by reference, to the extent applicable.
5.2 Dispute Resolution, Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive. Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives any and all
Page 6 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
privileges and rights relating to venue it may have under Chapter 47, F.S., and any and
all such venue privileges and rights it may have under any other statute, rule, or case
law, including, but not limited to those based on convenience. The Contractor hereby
submits to venue in the county chosen by the Department.
5.3 Department of State Registration.
Consistent with Chapters 605 through 623, F.S., the Contractor and any subcontractors
that assert status, other than a sole proprietor, must provide the Department with
conclusive evidence of a certificate of status, not subject to qualification, if a Florida
business entity, or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted and Discriminatory Vendor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate
who is on the Suspended Vendor List, Convicted Vendor List or the Discriminatory
Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant
under the Contract. The Contractor must notify the Department if it or any of its
suppliers, subcontractors or consultants have been placed on the Suspended Vendor
List, Convicted Vendor List or the Discriminatory Vendor List during the term of the
Contract.
5.5 Scrutinized Companies—Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the
Contractor, understand and will comply with their duty to cooperate with the Inspector
General in any investigation, audit, inspection, review, or hearing. Upon request of the
Inspector General or any other authorized State official, the Contractor must provide any
information the Inspector General deems relevant to the Contractor's integrity or
responsibility. Such information may include, but will 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 will retain such records for five years after the
expiration of the Contract, or the period required by the General Records Schedules
maintained by the Florida Department of State, at the Department of State's Records
Management website, whichever is longer. The Contractor agrees to reimburse the
State of Florida for the reasonable costs of investigation incurred by the Inspector
General or other authorized State of Florida official for investigations of the Contractor's
compliance with the terms of this or any other agreement between the Contractor and
the State of Florida which results in the suspension or debarment of the Contractor.
Such costs will include, but will not be limited to: salaries of investigators, including
overtime; travel and lodging expenses; and expert witness and documentary fees.
5.7 Inspection.
Page 7 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
Section 215.422, F.S., provides that agencies have five (5) working days, unless the
contract specifies otherwise, to inspect and approve commodities or contractual
services. Items may be tested for compliance with specifications. Items delivered not
conforming to specifications may be rejected and returned at the Contractor's expense.
Interest penalties for late payment are also limited according to section 215.422, F.S.
SECTION 6. MISCELLANEOUS.
6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the
Department. The Department may assign the Contract with prior written notice to the
Contractor.
6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the Department and are not
entitled to State of Florida benefits. The Department will not be bound by any acts or
conduct of the Contractor or its employees, agents, representatives, or subcontractors.
The Contractor agrees to include this provision in all of its subcontracts under the
Contract.
6.4 Risk of Loss.
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: 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 commodity,
Contractor will remove the commodity from the premises within ten (10) calendar days
after notification of rejection, and the risk of loss will remain with the Contractor.
Page 8 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
Commodities not removed by the Contractor within ten (10) calendar days will be
deemed abandoned by the Contractor and the Customer will have the right to dispose of
such commodities. Contractor will reimburse the Customer for costs and expenses
incurred in storing or effecting removal or disposition of rejected commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
6.7 Time is of the Essence.
Time is of the essence regarding each and every obligation of the Contractor under the
Contract. Each obligation is deemed material, and a breach of any such obligation
(including a breach resulting from untimely performance) is a material breach.
6.8 Waiver.
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
be construed and enforced as if the Contract did not contain the provision held invalid.
6.10 Cooperative Purchasing.
Agencies wishing to make purchases under this Contract are required to follow the
requirements of section 287.042(16) or 287.057(3) (b), F.S., and rule 60A-1.045, F.A.C.
These provisions require the Department to determine that the requesting agency's use
of the Contract is cost-effective and in the best interest of the State.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
government entities may make purchases under the terms and conditions contained
herein, if agreed to by Contractor. Non -Customer purchases are independent of the
Contract between the Department and the Contractor. The Department is not a party to
any transaction between the Contractor and any purchaser.
SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE,
AND INDEMNIFICATION
Page 9 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
7.1 Workers' Compensation Insurance.
To the extent required by law, the Contractor must be self-insured against, or must
secure and maintain during the life of the contract, Worker's Compensation Insurance for
all its employees connected with the work of this project, and in case any work is
subcontracted, the Contractor must require the subcontractor similarly to provide
Worker's Compensation Insurance for all of the latter's employees unless such
employees engaged in work under the resulting contract are covered by the Contractor's
insurance program. Self-insurance or insurance coverage must comply with the Florida
Worker's Compensation law. In the event hazardous work is being performed by the
Contractor under the resulting contract and any class of employees performing the
hazardous work is not protected under Worker's Compensation statutes, the Contractor
must provide, and cause each subcontractor to provide adequate insurance satisfactory
to the Department for the protection of employees not otherwise protected.
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance,
including bodily injury, property damage, products, personal & advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from the services and/or operations completed under the Contract, whether such
services or operations are by the Contractor or anyone directly or indirectly employed by
them. Such insurance must include the State of Florida as an additional named insured
for the entire length of the resulting contract. The Contractor is responsible for
determining the minimum limits of liability necessary to provide reasonable financial
protections to the Contractor and the State of Florida under the resulting contract.
All insurance policies must be with insurers licensed or eligible to transact business in
the State of Florida. The Contractor must submit via email, to the Department's contract
manager, insurance certificates evidencing such insurance coverage prior to execution
of a contract with the Department and provide Department notice of any cancellation or
nonrenewal at least ten (10) calendar days prior to cancellation or nonrenewal.
7.3 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Department, the Customer, and the State of Florida, its officers, employees, and
agents harmless from all fines, claims, assessments, suits, judgments, or damages,
including consequential, special, indirect, and punitive damages, including court costs
and attorney's fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor's
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Department. The Contract does not constitute a waiver of
sovereign immunity or consent by the Department or the State of Florida or its
subdivisions to suit by third parties. Without limiting this indemnification, the Department
or Customer may provide 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.
Page 10 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT
AND INTELLECTUAL PROPERTY.
8.1 Public Records.
The Department may unilaterally cancel this Contract for refusal by the Contractor to
comply with this section by not allowing access to all public records, as defined in
Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with
the Contract.
Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following
applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL
ADDRESS AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011(2), F.S., the
Contractor shall:
(a) Keep and maintain public records required by the public agency to perform the
service.
(b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of the
contract term and following the completion of the Contract if the contractor does not
transfer the records to the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the contractor transfers all public records to
the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
Page 11 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
8.2 Protection of Trade Secrets or Confidential Information.
If the Contractor considers any portion of materials made or received in the course of
performing the Contract ("contract -related materials") to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
responsible for responding to and resolving all claims for access to contract -related
materials it has designated trade secret or otherwise confidential.
If the Department is served with a request for discovery of contract -related materials
designated by the Contractor as trade secret or otherwise confidential, the Contractor
will be responsible for filing the appropriate motion or objection in response to the
request for discovery. The Department will provide materials designated trade secret or
otherwise confidential if the Contractor fails to take appropriate and timely action to
protect the materials designated as trade secret or otherwise confidential.
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney's fees arising from or relating to its designation of
contract -related materials as trade secret or otherwise confidential.
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files, papers and documents that
were made in relation to this Contract. Contractor must retain all documents related to
the Contract for five (5) years after expiration of the Contract, or, if longer, the period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State's Records Management website.
8.4 Intellectual Property.
Unless specifically addressed in the Contract, intellectual property rights to all property
created or otherwise developed by the Contractor for the Department or the Customer
will be owned by the State of Florida at the completion of the Contract.
Any inventions or discoveries developed in the course of or as a result of services
performed under the Contract which are patentable pursuant to 35 U.S.C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made in connection with the Contract and will be
referred to the Florida Department of State for a determination on whether patent
protection will be sought for the invention or discovery. The State of Florida will be the
sole owner of any and all patents resulting from any invention or discovery made in
connection with this contract.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed in connection with the Contract are the sole property of the State
of Florida.
SECTION 9. DATA SECURITY AND SERVICES.
Page 12 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
9.1 Duty to Provide Secure Data.
The Contractor will maintain the security of State of Florida data including, but not limited
to, a secure area around any displayed visible data. The Contractor will also comply with
all HIPAA requirements and any other state and federal rules and regulations regarding
security of information.
9.2 Warranty of Security.
Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform
any of the services from outside of the United States, and the Contractor will not allow
any State of Florida data to be sent by any medium, transmitted, or accessed outside of
the United States.
The Contractor agrees that a violation of items listed above will result in immediate and
irreparable harm to the Customer and will entitle the Customer to a credit as provided in
the Contract documents. This credit is intended only to cover the Customer's internal
staffing and administrative costs as well as the diminished value of services provided
under the Contract and will not preclude the Customer from recovering other damages it
may suffer as a result of such violation. For purposes of determining the damages due
hereunder, a group of violations relating to a common set of operative facts (e.g., same
location, same time period, same off -shore entity) will be treated as a single event. A
violation of this provision will also entitle the Customer to recover any damages arising
from a breach of this section and constitutes an event of default.
The Contractor must notify the Department and the Customer as soon as possible, in
accordance with the requirements of section 501.171, F.S., if applicable, and in all
events within one (1) business day in the event Contractor discovers any data is
breached, any unauthorized access of data occurs (even by persons or companies with
authorized access for other purposes), any unauthorized transmission of data occurs, or
of any credible allegation or suspicion of a material violation of the above. This
notification is required regardless of the number of persons or type of data affected. The
notification must be clear and conspicuous and include a description of the following:
(a) The incident in general terms.
(b) The type of information that was subject to the unauthorized access and acquisition.
(c) The type and number of entities who were, or potentially have been affected by the
breach.
(d) The actions taken by the Contractor to protect the data from further unauthorized
access. However, the description of those actions in the written notice may be general
so as not to further increase the risk or severity of the breach.
9.3 Remedial Measures.
Upon becoming aware of an alleged security breach, Contractor's Contract Manager
must set up a conference call with the Department's and the Customer's Contract
Manager. The conference call invitation must contain a brief description of the nature of
the event. When possible, a thirty (30) -minute notice will be given to allow Department
Page 13 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
personnel to be available for the call. If the designated time is not practical for the
Customer, an alternate time for the call will be scheduled. Contractor must share all
available information on the call. The Contractor must answer all questions based on the
information known at that time and answer additional questions as additional information
becomes known. The Contractor must provide the Department and the Customer with
final documentation of the incident including all actions that took place. If the Contractor
becomes aware of a security breach or security incident outside of normal business
hours, the Contractor must notify the Department's and the Customer's Contract
Manager and in all events, within one business day.
9.4 Indemnification (Breach of Warranty of Security).
The Contractor agrees to defend, indemnify, and hold harmless the Department, the
Customer, and the State of Florida, its officers, directors, and employees for any claims,
suits, or proceedings related to a breach of the Warranty of Security. The Contractor will
include credit monitoring services at its own cost for those individuals affected or
potentially affected by a breach of this warranty for a two-year period of time following
the breach.
9.5 Annual Certification.
The Contractor is required to submit an annual certification demonstrating compliance
with the Warranty of Security to the Department by December 31 of each Contract year.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10.1 Gratuities.
The Contractor will not, in connection with this Contract, directly or indirectly (1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida 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
anything of value for the benefit of, or at the direction or request of, any State of Florida
officer or employee.
10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not for the
purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to
subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying
the executive or legislative branch concerning the scope of services, performance, term,
or compensation regarding the Contract, after the Contract execution and during the
Contract's term.
10.3 Communications.
Contractor shall not, without first notifying the Department's Contract Manager and
securing the Department's prior written consent, make public statements which concern
the Contract or its subject matter, disclose or permit disclosure of any data or information
obtained or furnished in accordance with the Contract, or use any statement attributable
to the Department or its employees. Public statements include press releases, publicity
Page 14 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
releases, promotions, marketing materials, corporate communications, or other similar
communications. The Department's written consent shall not be construed to supersede
or waive the Contract requirements imposed on the Contractor to maintain confidential
information.
SECTION 11. CONTRACT MONITORING.
11.1 Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details
thereof.
11.2 Performance Deficiencies and Financial Consequences of Non -Performance.
In addition to the processes set forth in the Contract (e.g., service level agreements), if
the Department determines that there is a performance deficiency that requires
correction by the Contractor, then the Department will notify the Contractor. The
correction must be made within a time -frame specified by the Department. The
Contractor must provide the Department with a corrective action plan describing how the
Contractor will address all performance deficiencies identified by the Department.
If the corrective action plan is unacceptable to the Department, or implementation of the
plan fails to remedy the performance deficiencies, the Department will retain ten percent
(10%) of the total invoice amount. The retainage will be withheld until the Contractor
resolves the performance deficiencies. If the performance deficiencies are resolved, the
Contractor may invoice the Department for the retained amount. If the Contractor fails to
resolve the performance deficiencies, the retained amount will be forfeited in order to
compensate the Department for the performance deficiencies.
11.3 Liquidated Damages.
The Contractor will promptly notify the Department or the Customer upon becoming
aware of any circumstances that may reasonably be expected to jeopardize the timely
and successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor
is taking or will take to do so, and the projected actual completion (or delivery) time. If
the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the
Contractor will promptly so notify the Department and use commercially reasonable
efforts to perform its obligations on time notwithstanding the Department's delay.
The Contractor acknowledges that untimely performance or other material
noncompliance will damage the Department, but by their nature such damages are
difficult to ascertain. Accordingly, the liquidated damages provisions stated in the
Contract documents will apply. Liquidated damages are not intended to be a penalty and
are solely intended to compensate for damages.
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
Page 15 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
The Contractor will 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 fire, explosion, earthquake,
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor's reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor.
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar 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) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will 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 will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department 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 will perform at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the
Department may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers with respect to
commodities or contractual services 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 commodity or contractual services 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.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor's and subcontractors' data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor's fees and claims for payment under the Contract, the Contractor's
agreements or contracts with subcontractors, partners or agents of the Contractor,
pertaining to this Contract, may be inspected by the Department upon fifteen (15)
calendar days' notice, during normal working hours and in accordance with the
Contractor's facility access procedures where facility access is required. Release
statements from its subcontractors, partners or agents are not required for the
Department or its designee to conduct compliance and performance audits on any of the
Page 16 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
Contractor's contracts relating to this Contract. The State of Florida's Chief Financial
Officer and the Office of the Auditor General also have authority to perform audits and
inspections.
12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor's general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department,
State of Florida's Chief Financial Officer or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department may require the Contractor and its employees, agents, representatives,
and subcontractors to provide fingerprints and be subject to such background checks as
directed by the Department. The cost of the background checks will be borne by the
Contractor. The Department may require the Contractor to exclude the Contractor's
employees, agents, representatives or subcontractors based on the background check
results. In addition, the Contractor must ensure that all persons have a responsibility to
self-report to the Contractor within three (3) calendar days any arrest for any
disqualifying offense. The Contractor must notify the Contract Manager within twenty-
four (24) hours of all details concerning any reported arrest. The Contractor will ensure
that all background screening will be refreshed upon the request of the Department for
each person during the term of the Contract.
13.2 E -Verify.
In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S.
Department of Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired during the term of the Contract for the services specified in
the Contract. The Contractor must also include a requirement in subcontracts that the
subcontractor must utilize the E -Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the Contract term. In order to
implement this provision, the Contractor must provide a copy of its DHS Memorandum of
Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract
execution. If the Contractor is not enrolled in DHS E -Verify System, it will do so within
five (5) calendar days of notice of Contract award, and provide the Contract Manager a
copy of its MOU within five (5) calendar days of Contract execution. The link to E -Verify
is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the
Contractor must provide a statement within five (5) calendar days to the Contract
Manager identifying the new hire with its E -Verify case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
date of the court's determination for the crimes listed below, or their equivalent in any
Page 17 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows:
(a) Computer related crimes
(b) Information technology crimes;
(c) Fraudulent practices;
(d) False pretenses;
(e) Frauds;
(f) Credit card crimes;
(g) Forgery;
(h) Counterfeiting;
(i) Violations involving checks or drafts;
(j) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records
related to the services and/or commodities provided pursuant to the Contract and must
comply with all state and federal laws, including, but not limited to sections 381.004,
384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be
consistent with the most recent version of the Department security policies, protocols,
and procedures. The Contractor must also comply with any applicable professional
standards with respect to confidentiality of information.
SECTION 14. INFORMATION TECHNOLOGY.
The following applies to all contracts for information technology commodities and
contractual services. "Information technology" is defined in section 287.012(15), F.S., to
have the same meaning as provided in section 282.0041, F.S.
14.1 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 $250,000, the dollar
amount of the contract or purchase order, or two times the charges rendered by the
Page 18 of 19
STC # 15100000-19-1
Exhibit C
Special Contract Conditions
Contractor under the purchase order. This limitation shall not apply to claims arising under
the Indemnity paragraph contained 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
backup 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 Department 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 to
the 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 to the Contractor
under any contract with the State.
14.2 Information Technology Standards.
Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST)
is to establish standards for the implementation and management of information technology
resources. Vendors agree to cooperate with the agency in furtherance of its efforts to
comply with AST standards, established in Title 74, F.A.C., as applicable.
Page 19 of 19
907"1;
00
0
v
m
CL
0
4-
0
C
0
0
0
C
a) cu
a)
tp
ui
0
cn
a)
cn
a)
42
C/)
C/)L-
a)
<
a)
3:
Z-
F- CL C
<
LL-
U)
o
C/)
c
C -0
a) a)
0
L to
CU
to
c: a) .0
a)
E
0z
(60
44-) -0
a)
cu
—
Ma) L)
C:
ui m
a
-0
0
0
ca
C:
(D 0
1- <
(D
C:
a) .0
to CU
CD
5
< z
0
W
C:
0
0 E
a) E
w
cn
(Q 0 cu
U) 'V CU C;)
C)E m
4- o 4-
b
<
0O
)
CO
a)
U) C:
LL
E
to L E(D -0 0
a)
C: >
a)m
0
-J
.0
.,;:,
M
m o
U-
a) 2
U -WE
E
cu 005
c-
(D
a) c
c0)
u_j
ce) 0
a)
:3
0 " EL
= o a= — -"
, 0 " 0 �
co.cn 0
r_
cu
<
Lo < F-
- ,j
ch
-0 U-
C) a)
4- > C:
o �
E cc
0 UJ CO:3
-0 C:
a) a)
(D
0 --i �->
0
'-
<
z
cna)
<
aj
C:
%- 0 0
m a) u 0
a) a)
L
0W0'-
-
n
6
0 CD 0 M
a) a)
E < =
0
F- -J
cn
(D
0
(n
a)
L -
E
V-
CU 0 C:
Q-=
UJ Z LL
— c)
"r
a)
a)
E
0
(D
Q E
04
Z— F-
U)
Z a
0
a)
n ;�
a)
LLQ =3
-0
a
40-
ui w
CO 3:I-
E
a)
0
>
0-0
�o a)
< IL
-j <
to
a)
a) 0
>
a)
(CDU
U)
uj co
E
E
a)
2-
4-
-0
=3
(A
w
0
0
-0
0
CU
-0
co a)
ui
z
.0
.0 C5
�
UJ U)
E
1=
0
a)
(n
a)
co C:)
a) C,) .0
UJ (D
,
m
a
0
cr
0 Co
U') 0 Co
�-
a)
C
(0 0
z — —ui
a)
a)
'C- = 0
0ca cn
r UJ
F-
C
0
0
-0
0
6 cn
Z E
uj 0
0)
T-
�2
a) m 40
-
4-
U)
F-
6
Z
a)
o
(n
U) U-
ui ui
a)
0
'"o a)
a-
0
co
C
(D a) -0
a (D
w 0 ui
a)
E
a)
*,
0 0)
E cu -a
0- w >
-0
C) (1) 0
7
a) m cu
c: E
>1 0
< 0 <
C)
4-
a)
-0
<
co
cu o
C N.0
I -c� 0
E
-j z <
u-
cn
cn
0
4-
w a
a) 8 (n
o uj
0 m
E
F-
a) a)
E
4-
-0 a) E
a,
)
uj
a)
0
z
cu
- E a)
cc = Cl) C
CO
'0
L-
CL
a)
Q.
a) w
0
CC cc a)
a) a
0 a)
z
0
0C)
Cl)
cu
a) >
= 0
00 CC
LL 0-
<
CL
F-0-
4-
0
C
0
0
0
C
a) cu
m
0
cn
a)
cn
a)
42
0 co C:
0 cn
cu >
4- —
co m
U)
o
m m a) CL
(D
0
L to
CU
0 E-
c:
0 0
44-) -0
a)
a) m cu -0 0)
0 E
"a
a
-0
m L) cu M C:
cu
cQ 4' a)
a)
C:
a) .0
to CU
— m M
a- 0- cn a)
ui
0
:3 > -0 CU
E a)
0
W
a) E
o 0 cu
)o
.0 - a)
> a)
:2
cn
(Q 0 cu
U) 'V CU C;)
) . 'n �
a N
U- > a) 4-
m E a) a)
a)
, -le L- (D
E
to L E(D -0 0
C: Q. C
a M
.0
.,;:,
M
m o
0 C: X
CU
0
cn r
E
cu 005
c-
a) o O> o= o
cu a)
c , 0
cu =
:3
0 " EL
= o a= — -"
, 0 " 0 �
co.cn 0
a-)
L) O.0
0 3r a)
- ,j
ch
-0 U-
C) a)
4- > C:
o �
a) -.;-- a) o ch
E ca 3: M
-0 C:
a) a)
(D
0 --i �->
(D =3 �j - 0 m
0) c: (n 0 '� cn
-0 *
c:
•CEO o
E
'-- — c:
c- C:
%- 0 0
m a) u 0
m
0-,.0- 0 .2
C:
CU
6- a'
C/) a)
E a)
0 CD 0 M
a) 0 cc
C-)
L-
0-6 c
U) Lp
(D 0
0
a)
mu m
2 0
0) U) U)
0
Z a
Z
L- M = (D
(A —0 E_5
LLQ =3
U-
cn
fn
a)
U)
>
a)
a)
L)
(D
C:
CU
U)
a)
0
E
a)
0) 0
0 C;)
Z
cc C:
C
0
a) -0
0
-0 a)
0)
2)
LU0
0
X
a)
o (n
a)
0
0
U)
.2
> 0,
a)
0a)
> r_
C) (1) 0
7
0 24?
CL
0)
a)
(D
C)
C)
a)
w
CL
cn (D
cn 0
ai
-0
Cc
V
Ca
ami
:a-3 0
0
M
C3)
0=
C)
CU
CU
0
.0)
M
yy C)
0 r_
0
0 0
0
E
0
co
LL
C*4
m
cli
L-
(1) 4-
-0 0
C/)
c
o
-0
W a)
Go
-0
a)
" L- — (1)
a) (L) Ca
a
CL
0
Lic (o
a)
CL — = .>
cn cn 4-
E
0
4-
0
(D -E CO
(D 0
a) m
— a) L- cu
-.r-
0
0
Cl)
(D
_c-
4)
Ch
(D CL
cn 0
0
Co cn
cn 0 r- cu >,
a)
a)
cn cn
a)
0
a)
cf)
0 (n E
0 cn -0
En
a)
a)
O
a)
a) cn
-)
m
a)
0
0 LL < a)
(n
0 c
(n
3: cts a)
E
a)
E
cu 0 <
a)
FL
&--
c E
0 o a)
.0
0
-0
a)
CD
cu
-0 u-
E
a)
cn
o o
(n
a) m
0
o
C: "a >
0
ca
a) C:
cu .2
-0 0 0 CU
0
-C
0
—
CD
a)
Co
-0
0
CF
0
a)
C.) E
cu
0 a)
—
::�
ca LL u)
0 E (n
a)
cn
o4-
&- o
0
cu
E
m
a)
X -a
N a)
<
U)
CL
o
a
a)
a) 2% E cu
0 a)
u
0
0
0
O E coo
�
-a
p
E
0 -00
c> a)
=0 =>
o v
�o
M a)
E
C:
—
L-
-C
0
<
0 as
a)
in
a)
0 r_
4- a)
0 4- -0
0 (L)•
"�o
-
a)
c: 4-
0 >
a) cn
0
>
o
<
>
E
m o
o <
'o -
0
0 m
0
cu
m
-04-
0
0
< m
(L)
u) cn NCD c-
U)
- 0
C:
cu 00
0
cu
U)
N
cn
a)
0 m
m
o E
cn ch w ,
cn 0
a) 2
a)
E
co
a)
0
E
=
a) cn
L-
>
E
LZ
m
0
a) w L) m
a) E cu
a)
a)
OD
<
cc a) cn
- w m
=s o
a)
"
>, CL E
m
m
—
0
0-
a)
0
4Q-)
(n
C: <
.C- a)
a) cn
0 C:
,-.o
a)
, CL (n
= m
= u,
'Cn ,
"
a)
a)
E
0 -0
0 U) -
it:
M
o
tv
2� < cn (n a)
7� o
En a
a) *"COO
'm c'j �c
can)
0 cn a)
N
a)
o. 0-
L
CL �
a)
a) 0 ai
0
0
a)
E
w 0
a)
cn
a- 0
0 1>
N
CL
H o o
6-0
0
o 0
o
L_ C: C: cn
0 a) a) o
cn =
a)
a)
>
ca 0
a)
>
ca
(D
m cr-
< "o-
z m
z E
z4O-
4) L-
o E> 0 CL 0
< CL
CL
CL C,4 al
CLW
a-
4-
z 0
0
N
N
a)
a)
a)
4-
0
0
>
a)
0
E
0
.(n
0
a)
0
m cu
32
cn (n
a)
0
CL
cm
m
a)
L- 0
a) -0
a)
a)
0-
0 cn
M
CL
C:
0
0)
Z
An
U-
Com-
"o
0
0
r
-�e m
m
m
a)
-0 >
Ca
0
C:
Ca Z
m
C:
0 CM
-0
0
4-
=F-
0 o
4a)
(D
_0
m a)
+' N
CL
E
<
0
E
L-
a)
0
a) cn a)
>
jw.,
a) U
a) a
0 Cl
C-
a)
0
-+-
z
cn
w 0
" 0
m >
0 m
>
0
o a) =
-0-
V-
<
0
1
0—
C-
a)
m
a) a)
a -"a
Com-
a)
M-0
0
0
0.
a)
a) m
0
0.
=
cr 0
a
L- a)
a)
L.L 0
a) a)
m m
E
0-
E
a) La
Co >
2
2 a)
L-
(n
a)
L- :3
0
.2
0
:3
'D
a)
0
-0
U)
75
c
0) CL
D)o
.2 0
a
CL
(n
0 Na
cn
a)
"a)
>
0
m
0>
(n
" =3
a)
E
0
M
> a) tm
N
"o- =E
0
0
-0
Cc
0 o
a mn
—
ch a)
-C
(L)
U) -0
CL —
a)
-0
0
a) -�e
CCS
m
0
0
>
M
a) m
:3
CL
T5
cn C:
F- c
a)
? a)
4-
0
-0
o
0)
E
cu c
a)
a)
a) c-
= C:
m a)
a) a
a) Cl.
a)
>
= Mn
0—
a)
a) a)to
= . 0
L- o
a)
cu
a)
N
Ln 0
C L-
:3 A)
>
cn CL
a) a
D 0
cn
C:
0 0
cu
0
4-
CD
0 'n
(D CU
V)
0
CU
m
(D
13M
-0
'M
CU
U) in
'It
2i c
a)
0
0 0
lo m
0 L>U
—IC6
-:
N
M4
I
ui
ui
OO�
T-
I
T-
V-
V-
cli
cc
0
0j)
to
0 LO
t4
L
C.)
CL (0
0 co
cn
0
E
M U- 00
cn
cc C:
cc
d)
E
M
E 'U5 �5� L-
.0
a)
CD
:3
(n 0
M
E
aL-
a)
04
r-
oi
o
0
0
"a CUN 0
0 0
Cu) 'm
cn
c
c a)
-0
ca r
CD
S
w 0
0
0
a)
o
0—
m
0
m
a)
co
(n
CL
0 0ch
to m
V) CU -0 0
a) C
a)
O
= a)
c -
w = a)
a)a)
a)
E cr
�
a)
0
0
0
cu
0
0
m
a) M
c C: 0 W
-a
X "
a) L2
CL "
cr
L-
a a)
- = .
L-
a)
(n
"
a)
N o c: E
0
0
a)
3:
a)
0 m (n
3:
?:
.Ch
E cn -,e- Co
= c o a)
0
cn
a)
o
0
cn
ca):
cn
c (n c
cn CD a)
w
q
0
c
r- 4-
0 o >,.C: c:
M 00 0
a)
E
Z
=
a) c >
0 4-- ui
ca
m
a) 0
E
a)
< 2
m
OM
a)
a) 21
a)
a)
4-
0
a)
CD a)
a) p
0 E
co
a)
cu �o
L) . r-
0
0
a) E 0
0
4-
0 0
0
20 a)
<
a)
>
a) CO .2-
co -0
M
cc
.a)
C:
m a)
2
m
-a 0
o o a)
Al -0 U- 0 1
a)
a)
4-
0 a)
a)
2
E
CL
w
w 0
a) 0
cn
a) I- E 0
cn
CD
(n
a)
a)
a) a)
a)
a) a) a)
.cn
ch w 0
cp a)
S ch
cu
a)
(n
cn
a)
in
CU
in
M
> .2
a)
U) C=
:3 a)
0 a)
a)
a)
a) a)
a)
a) 0
to >
ry w
0
0 CL
0
L-
a)
0- Cl.
a) a)
a)
C)
CL
cu
Mn C:
C'.
E
44-5
C.)
0 0
cn
042
0
Z
C)
a)
E
a)
a)
L-
u2
a)
r-
0
a)
E
a)
3:
<
cn
N a)
&- 4-
a)
-0
0
cc
co
CI.
E E 70
a) 0
CL a)
a-
0
U-
m
M: 0
: 0
E
$-
a)
0
a 4- C.
0
0
ui m
a)
a)
a)
a)
>
>
0 a) 0
a) a)
a)
$-
-ru a) a)
m
L a)
a)
a) -a
U-0
Cl.
0
0
E
0
N a)
E i5
E u)
a) a)
0-0
0
a)
a) >
a)
o
a)
0
a)
ca
:3 a) .>
cr -0
O
a)
-0
cu
w a)
:3 a)
cu w co
a) cr CD -0
a)
a)O
cn
0
0
-0
a)
m
m
>
E
0 WL -•s 0
E
(D
CO
U-
E
a)
CU
0 CL
0 0 a)
ED
S
.0 a)
a)
a)
d)
i—, a)
-0
a) -j -j 0
:5
0 FE c
%+- ?: " -6 2
ca
-0
0
a)
L-
0
:3
a) cu m 0
a) -2 :3 m
0
m
.0
(n
E
0 m
a)
cn
:3
Z) CO a
a) > a)
(n
w
I C`-
-0
cn
a)
= c -a
a) E a)
�o =3 -C
a)
a)
0
(D
a)
ci) a)
>
a)
>
> 0 cn cn a)
a)
0
N
am
0 c6 E E E E
Q.
0- . . L-
> a) 4-
Q. a)
.2
En
a) 0
0
a)
L- C
a)
N
�: �: ?:
a) — �:
a) 0- w 'SD
Z
a)
E
a)
u) a) 0 0 0 0
S-- o
(n
c
o
to
>
CD
a)
a)
0
a
<
CL 04 CO "T
Co q-
M
<
a;
O
1
cli
C -i
T-
1
CM
C14
CN
C14
C14
C:
(D
Ch
>
>
LU
0
0
C\i
N
C\i
0
f3
0
CD
Ocj3
0
0
0
N(n
OL
O
E
cn
cn
co
cn
N
-
CL
a)
O
0
cu
0 m
O
0
cn
m
C7
0
<
a
o C
cr
0
or
0
U
0
0
C/)
a) E
E
a)
0
a)
?:
<
a) U) a-
t� E
0)
a)
C:
(D
U-
M 0 (D
CL U—
cu
cn
>
a) cm.m
u
a)
(D
a)
0
cn
a)
(D
a)
0
0
0
0-0
cn
m
0
0
0
a) 0
= cn
Q-)
E
042)
.0-)
a)
0 -a
a)
a)
a-
0
0
a)
a)
a)
cn
m
>1 0
- m
CA
cu
cn
cu
(n
m a)
E
cn 6- E
CD
m
cn
cu
to
m
a)
0
a)
a)
a) a)
a) p- o
a)
—
a)
—
a)
—
FL
z <
a-
a_
0
CL
CL
CL
ttc
cn
U)
m 0
fn
CL
:3 r
�o - 0
4.- s- -.�)
0) -C
a) U_
U)
cl--
U)
cl--
rn
0
fTscn
32 m
a L-
:3
-0
0 o C)
C.0 C)
CD
m o
a) En cn 0
0
0
E
.2 a) r-
0
CU
u
o E
cn C> a LO
a) 5 (D
a) —In
'a cn
a)
CU
C
M
t- C:)
C C cu
0 L-
:3 a)
c-- E 0 a)
cn cn r =
0
0
0
O
"a
W
S2 O0
a)
3:
-c _a
C) U
C) 64
N
0
L- — -�e cn
4 4-
0
0
o a 0
> M
— < C) � [--
0-
c m
�z
(D 0
Mme'
?,
a)
>
L -
4) (D
" CL
co E
o
cn a
0
0 cn
m 3:
L- > a)
0 0
(D
C'.
"a a) (D
"a
a)
cn cn 0
Im
o a) u) CU
M
0 Q.
-6
-0
Z
a
C N
m
M (D
0
0 E m
E
cn m
CL
.0
CL
N
E
a)
qL 0
cu = 0) cn (D
0 m m
.0 LL
-0 cu a)
L -
ED
0 0
CU (D co
CL 0
O 4-
m
O)o L- co
CU C:) co 0 —
E :3 n a)
cn
=
cn r- �
a) 0
�2
(n
C.)
0
m
(n a)
m (n
cn a) a) >,
, 4- a)
CD -
a m
cn a
a)
(n
m
cn 0
a)
m L ch
M
cj < 0 au))
cn P- CD o
(D
E
o a)
cn
ch
cn
a)
CU
0 0
Lo
0) cn -a co (n a)� M
C: a-
0 0
0 :3 E c
a)
"0
o
a)
a) > -an 0
0) > CD
a) >%
-ffi
1 M C:)
wo m U-) .2
4-
r- 0 a)
fiS
CL
a)
Z
>
= >,
en
L- r- m
cu
a
C:)
'r- 4- 0 L - COcO 6
0
< —
w —
m = _a a) >
0 0 — -�n > 0
m
—
O
4)
E
4-
C.0 2 (D (n
-0
,
E m cD -
a) c,
OL
M
0-0
a) a) -
o
0
%-
C) -c-
0-- c -a
C
m o
0 = a) M
E o a'
cn
E
0
U> CU a)
0 m
-0 ?:
a) to cn 0 3:
M CU M a) — =
— 0
0 E
-0
CU 3:
E ca
a)
a
cu
m
0) 0) - E- co a)
>
m
a)
0 a) a) cn
E .0 c-
0
O
-
c) m a) 0)
—
a) m E
u 0
a)
a)
0
a) .- = co
N
-a a)
>
a) co
U) .> C)
r- 0 — c:
0 0
.!= E o = -0
0 <
L- cr) :3
a) 0-
>
>
>
C -0 " cu
4
-0 E cL
= a) —
co a 5).0
C:
zo 6-
m ®R
4
0 c co a) -
LO C) (V
00 u) " r,- u-) "
= Z S
0-0 M -0 cn
*o o
3: L-
vu
b
o
CL a o 2
-0-0 0 c
0)
r_
=3 -0
0 0
0 cu
a) E
L-0
w cu
5
> 0 CU
0-5 't-)
(A
x Co4-
O a) a) to
_B
a) o)-3
a)•
a)
E E r-
0 m C) — 0
0 a) E -a a)
0
U a) a E
%a cn
o
o
>
0
a)
0 0
-0
.0
a) 0 a)
a
in o a) a
a) c a) -0
=3 O)o C) cn cu
E
0 (L)
cn _0 m
=3 -C 0
0 0 a) o
>
-0
E5
CU >
0
a) m >
a)
o
0
*E 5 cn cn 0) ch
a)
0
a) >
a) cn =
*"0
0
a) n
-C 4- cn a) 0
0 0 = , F--
0
0
(d
l
Trcl-4: Tcc—ld
a;
C;
C14
MC14
4
14
l
C14
m
m
m
CV)
Mn
>
C-�
C -j
C-�
0
0
0
0
cr
cr
cr
cr
0
0
0
0
0
W
C6
.
.
.
ca
W
co
. 0
0
0
0
0
C:
CU
0
a)
c
c
c
vJ
0
0
o
o
o
o
M
o
O
(D
ON
U)
=
m
0
0
w
cr
0
cu
cu
M
M
M
a)
CO
a)
=
(D
(D
a)
=
(D
CL
<
n
n
n
a)
LL
cu
E
W
cl-
U)
T
a)
Com-
a)
ca
a)
4?
a)
^;
(
.0 a)
n
Ea)
ca
U)
.0
to =
0-
0
-C
0
c
(L6 CU
NCO'
(D
0
a)
L-
0
cn
o
o
L-
C U
0
to
a-
CL
a
U—
(n
-.2
L-
-Fa
-0
C: -call
Co
a)
a)
W
a)
-0
0
Ca
'0
Ct3
tM
&-
U)
a)
U)
a)
>
z >
N
0
M
0
0
a)
0
>
0
-ia "
CL
>
a)
U)
0
a)
a)
0
=3
(n
Fn
.cn
LL
to
cu
ISL LL(j)
.— E:
N C-
�
Cc
(D
C: F
0
cu
a)
M jo
cc
a)
a)
E
NOT
?>> W"
C6
ci
Ci
MM
It*.
lqt
The following requirements supplement or replace those found in the ITB. The
variations between the new and the old requirements are highlighted in yellow.
1. Section H of Attachment A, Scope of work, is hereby replaced in its entirety as
follows:
H. Punch -out Catalog and Electronic Invoicing
The Contractor wilt be FequiFed +e may provide an MFMP punch -out catalog. The punch -
out catalog provides an alternative mechanism for suppliers to offer the State of Florida
access to products awarded under the Contract. The punch -out catalog also allows for
direct communication between the MFMP eProcurement System and a supplier's
Enterprise Resource Planning (ERP) system, which can reflect real-time product
inventory/availability information.
Through utilization of the punch -out catalog model, a Florida buyer will "punch out" to a
supplier's website. Using the search tools on the supplier's Florida punch -out catalog
site, the user selects the desired products and services. When complete, the user exits
the supplier's punch -out catalog site and the shopping cart (full of products and
services) is "brought back" to MFMP. No orders are sent to a supplier when the user
exits the supplier's punch -out catalog site. Instead, the chosen products and services
are "brought back" to MFMP as Contract line items. The user can then proceed through
the normal workflow steps, which may include adding/editing the products to a
requisition or a purchase order. An order is not submitted to a supplier until the buyer
actually adds the line items to a requisition and the purchase order is approved and sent
to the supplier. At the State's option, the Contractor holds the option to invoice
electronically pursuant to guidelines of the Department of Management Services.
Electronic invoices will be submitted to the agency through the Ariba Network (AN) in
one of three mechanisms as listed below. The Contractors may 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 Ariba Network (AN) for catalog and non -catalog
products and services. The cXML format is the Ariba preferred method for
elnvoicing.
• 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 AN, for
catalog and non -catalog products and services.
• PO Flip via AN
• The online process allows suppliers to submit invoices via the AN, for catalog
and non -catalog products and services. Suppliers have the ability to create an
invoice directly from their Inbox in their AN account by simply "flipping" the PO
into an invoice. This option does not require any special software or technical
capabilities.
Page 7 of 8
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 punch -out catalog and electronic invoicing.
Page 8 of 8
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
' std k; U, I U a I
U,
We serve those who serve Florida
Exhibit E
The State of Florida
Department of Management Services
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Stephanie Wyland, Procurement Officer
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399
850-488-1985
Stephanie.Wyland@dms.myflorida.com
Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (F.S.), 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, F.S. Any protest must be timely filed
with the Department of Management Services' Agency Clerk listed at:
http://www.dms.mvfiorida.com/agency administration/general counsel
TABLE OF CONTENTS
Timelineof Events................................................................................................................... 4
1 INTRODUCTION................................................................................................................ 5
1.1 Objective........................................................................................................................ 5
1.2 Term............................................................................................................................... 5
1.3 Renewal Term................................................................................................................ 5
2 ITB OVERVIEW.................................................................................................................. 5
2.1 Definitions......................................................................................................................5
2.2 Procurement Officer...................................................................................................... 7
2.3 Limitation on Contact with Government Personnel (subsection 287.057(23), F.S.) . 7
2.4 Must, Shall, Will, and Is Required................................................................................. 7
2.5 Registration with the Florida Department of State ...................................................... 8
2.6 Florida Substitute Form W-9......................................................................................... 8
2.7 Special Accommodations............................................................................................. 8
2.8 Lobbying Disclosure..................................................................................................... 8
2.9 Permits ........................................................................................................................... 8
2.10 Federal and State Standards........................................................................................ 8
2.11 Order of Precedence for Solicitation............................................................................ 8
3 ITB BIDDING PROCESS.................................................................................................... 9
3.1 False or Erroneous Information................................................................................... 9
3.2 Commitment to Diversity in Government Contracting ................................................ 9
3.3 Question Submission.................................................................................................... 9
3.4 Addenda to the ITB.......................................................................................................10
3.5 Protest of Terms, Conditions, and Specifications......................................................10
Page 2 of 17
3.6 Public Opening.............................................................................................................10
3.7 Electronic Posting of Notice of Intended Award........................................................10
3.8 Protest of Notice of Intended Decision.......................................................................11
3.9 Firm Response.............................................................................................................11
3.10 Modification or Withdrawal of Bid...............................................................................11
3.11 Cost of Response Preparation and Independent Preparation...................................11
3.12 Contract Formation......................................................................................................11
4 HOW TO BID ON THE ITB................................................................................................12
4.1 General Instructions.....................................................................................................12
4.2 How to Submit a Bid.....................................................................................................13
5 PRIOR TO AWARD...........................................................................................................14
5.1 Rejection of Bids..........................................................................................................14
5.2 Minor Irregularities/Right to Reject.............................................................................14
5.3 Redacted Submissions................................................................................................14
5.4 Additional Information.................................................................................................15
5.5 Bid Disqualification......................................................................................................15
6 BASIS OF AWARD...........................................................................................................15
7 ITB ATTACHMENTS.........................................................................................................17
Page 3 of 17
Timeline of Events
The table below contains the timeline of events for this solicitation. It is the responsibility of the
Bidder to check for any changes. The dates and times within the Timeline of Events may be
subject to change. All changes to the Timeline of Events will occur through an addendum to the
solicitation and will be noticed on the Vendor Bid System (VBS).
Bidders shall not rely on the MyFlorida M arketP lace sourcing time clock. It is not the official
submission date and time deadline. The official solicitation closing time and deadlines are
reflected in the Timeline of Events listed below.
Page 4 of 17
I INTRODUCTION
1.1 Objective
The State of Florida Department of Management Services' Division of State Purchasing
(Department) is issuing this Invitation to Bid (ITB) to establish a state term contract for Bulk
Fuel, Gasoline, and Diesel. The solicitation will be administered using MFMP Sourcing.
The current Bulk Fuel, Gasoline, and Diesel contract has approximately $12 million in spend
annually. State agencies account for 48% of the total annual spend. The historical spend is for
informational purposes only and should not be construed as representing actual, guaranteed, or
minimum spend under a new contract.
The Department intends to make regional awards with up to five Contractors per region.
However, the Department reserves the right to award to one or multiple bidders, statewide or by
counties, or to make no award, as determined to be in the best interest of the State.
1.2 Term
The initial term of the contract resulting from this solicitation will be for three years.
1.3 Renewal Term
Upon written agreement, the contract may be renewed in whole or in part for a period that
will not exceed the term of the initial contract at the renewal pricing specified in the initial
contract. Any renewal is contingent upon the satisfactory performance of the Vendor and
subject to the availability of funds.
2 ITB OVERVIEW
2.1 Definitions
Definitions contained in section 287.012, F.S., Rule 60A-1.001, Florida Administrative Code
(F.A.C.), Special Contract Conditions and the PUR 1001 form are incorporated by reference. In
the event of a conflict, the definitions listed in this section supersede the incorporated
definitions. All definitions apply in both their singular and plural sense.
Bidder or "Respondent" - A Vendor who submits a response to this ITB.
Biodiesel Blend - An alternative fuel consisting of Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
and a requested blend of soybean oil.
BQ-9000® - A cooperative and voluntary program for the accreditation of producers and
marketers of biodiesel fuel created by the National Biodiesel Accreditation Program.
Business Day - Each day Monday through Friday from 8:00 a.m. to 5:00 p.m. Eastern Time
(ET) during which the State and its agencies are open for business.
Commodity - A product. The terms products and commodities may be used interchangeably
throughout this ITB.
Commodity Code - The State of Florida numeric code for classifying commodities and
contractual services that meet specific requirements, specifications, terms, and conditions
herein. Florida has adopted the United Nations Standard Products and Services Code
(UNSPSC) for classifying commodities and services.
Page 6 of 17
Confidential Information - Any portion of a company's documents, data, or records relating to
its bid that a Vendor claims is confidential and not subject to disclosure pursuant to Chapter
119, F.S., the Florida Constitution, or other applicable authority, and that is clearly marked
"Confidential".
Contract - The written agreement resulting from this ITB.
Contractor - The business entity that is awarded a Contract resulting from this ITB. The terms
Vendor, Successful Bidder or Awarded Vendor may be used interchangeably throughout this
ITB.
Customer - An ordering entity including state agencies and eligible users.
Dealer or Certified Representative - A representative authorized to market, sell, and service
specific commodities such as gasoline and diesel.
Department - The Florida Department of Management Services.
DTN FastRacks Average - The fuel pricing service provided by the Data Transmission
Network, an industry benchmark for pricing fuel and other commodities.
Eligible User (EU) - A governmental entity defined in Rule 60A-1.001, F.A.C.
Fuel - Any Fuel product obtained through this Contract. Fuel product shall include unleaded E10
gasoline, Ultra Low Sulfur no. 2 diesel, Ultra Low Sulfur no. 2 off road, dyed diesel and biodiesel
to be delivered to State and Customer facilities.
Markup - The Contractor's price to cover all costs associated with providing Fuel to Customer
facilities. Markups may differ based on where the Fuel is obtained according to the Fuel
terminals and actual type of Fuel ordered. Markup for Fuel shall be on a price per gallon basis.
Markup may be expressed as a negative number of the Contractor is offering a discount off the
DTN FastRacks Average Price. The Contractor shall assess no other fees associated with the
delivery of Fuel except as detailed in the Scope of Work (Attachment A).
Non -Transport Delivery - A delivery by tank wagon or other means with a minimum delivery
of 500 gallons and a maximum delivery of 7,999 gallons for gasoline, 7,199 gallons for diesel,
and 7,199 gallons for a combination load of gasoline and diesel.
Purchase - A transaction that results in the Customer obtaining ownership of a commodity.
Responsible vendor - A vendor who has the capability in all respects to fully perform the
Contract requirements and the integrity and reliability that will assure good faith
performance. (Subsection 287.012(25), F.S.)
Responsive bid - A bid submitted by a responsive and responsible vendor that
conforms in all material respects to the solicitation. (Subsection 287.012(26), F.S.)
State - The State of Florida.
Page 6 of 17
Tank Wagon - A delivery by a tank wagon or other means with a minimum delivery of 500
gallons.
Transport Delivery - A delivery by a transport truck with a minimum delivery of 8,000 gallons
for gasoline, 7,200 gallons for diesel, and 7,200 gallons for a combination load of gasoline and
diesel.
United Nations Standard Products and Services Code (UNSPSC) - A commodity code
list used by the State.
Vendor Bid System (VBS) - The State of Florida bidding system. (Subparagraph
287.042(3)(b)2., F.S.)
Vendor - An entity that is in the business of providing a commodity or service similar to
those within the solicitation.
2.2 Procurement Officer
The Procurement Officer is the sole point of contact from the date of release of this ITB until
72 hours after the intent to award is posted.
The Procurement Officer for this ITB is:
Stephanie Wyland, Associate Category Manager
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950
Phone: (850) 488-1985
Email: Stephan ie.Wyland(a)-dms. myflorida.com
****ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE
SOLICITATION NUMBER IN THE SUBJECT LINE OF THE EMAIL****
2.3 Limitation on Contact with Government Personnel (subsection 287.057(23), F.S.)
Between the release of this solicitation and the end of the 72 -hour period following the
Department posting the Notice of Intended Award, excluding Saturdays, Sundays, and State
holidays (section 110.117, F.S.), Bidders to this solicitation or persons acting on their behalf
may not contact 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.
2.4 Must, Shall, Will, and Is Required
Although this solicitation uses terms such as "must," "shall," "will," and "is required," and may
define certain items as requirements, the Department reserves the right, in its discretion, to
waive any minor irregularity, technicality, or omission if the Department determines that it is in
the best interest of the State to do so. However, failure to provide requested information may
result in the rejection of a bid. There is no guarantee that the Department will waive an omission
or deviation, or that any Vendor with a bid containing a deviation or omission will be considered
for award of this procurement. The Department may reject any bid not submitted in the manner
specified by this solicitation. The words "should" or "may" in this solicitation indicate desirable
attributes or conditions but are permissive in nature.
Page 7 of 17
2.5 Registration with the Florida Department of State
If awarded a Contract, the Bidder shall provide a PDF file of its current and active registration
with the Department of State prior to contract execution. NOTE: Pursuant to section 607.1501,
F.S., out-of-state corporations where required, must obtain a Florida Certificate of Authorization
pursuant to section 607.1503, F.S., from the Florida Department of State, Division of
Corporations, to transact business in the State of Florida. Website: www.sunbiz.org.
2.6 Florida Substitute Form W-9
All vendors must register and complete an electronic Florida Substitute Form W-9 prior to
execution of a Contract. The Internal Revenue Service (IRS) receives and validates the
information vendors provide on the Florida Substitute Form W-9. For instructions on how to
complete the Florida Substitute Form W-9, please visit: https://flvendor.mvfloridacfo.com/.
2.7 Special Accommodations
Any person requiring a special accommodation due to a disability should contact the
Department's Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 at least five
business days prior to the scheduled event. If you are hearing or speech impaired, please
contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD). The
telephone numbers are supplied for notice purposes only.
2.8 Lobbying Disclosure
The successful Bidder shall comply with applicable federal requirements for the disclosure of
information regarding lobbying activities of the successful Bidder, subcontractors or any
authorized agent. Certification forms shall be filed by the successful Bidder and all
subcontractors, certifying that no federal funds have been or shall be used in federal lobbying
activities and the disclosure forms shall be used by the successful Bidder and all
subcontractors to disclose lobbying activities. The successful Bidder shall comply with the
provisions of section 216.347, F.S., which prohibits the expenditure of contract funds for the
purpose of lobbying the Legislature or a state agency.
2.9 Permits
The Customer will be responsible for all facility -required permits pertaining to Fuel storage,
maintenance, and handling in accordance with all local, state and federal laws. The Contractor
and Customer may work together to create a maintenance program for the fuel tanks.
2.10 Federal and State Standards
All specifications shall be in full and complete compliance with all Federal and State of Florida
laws and regulations applicable to the type and class of Commodity being provided. This
includes, but is not limited to, Federal Motor Equipment Safety Standards ("FMVSS"),
Occupational Safety and Health Administration ("OSHA"), Environmental Protection Agency
("EPA") Standards, and State of Florida requirements that apply to the type and class of
Commodity being provided. In addition, any Federal or State legislation that should become
effective during the term of the Contract, including any renewals, regarding equipment safety or
emissions shall immediately become a requirement of the Contract. The Contractor must meet
or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the
Contractor must contact the Contract Manager immediately. Delivery of non -conforming product
shall be cause for Contract termination and possible Contractor suspension.
2.11 Order of Precedence for Solicitation
In the event of a conflict, the conflict will be resolved in the following order of
precedence (highest to lowest):
Page 8 of 17
a) Addenda to Solicitation, if issued (in reverse order of issuance)
b) Attachment A: Scope of Work
c) Attachment C: Special Contract Conditions
d) This ITB and other Attachments
3 ITB BIDDING PROCESS
The ITB is a method of competitively soliciting a commodity or contractual service pursuant to
paragraph 287.057(1)(a), F.S. The Department posts an ITB on the VBS to initiate the process
and posts the ITB in MFMP Sourcing.
Bidders must submit questions in writing to the Procurement Officer via the Messages tab in
MFMP Sourcing by the date listed in the Timeline of Events. Bids must be submitted in
MFMP Sourcing by the deadline listed in the Timeline of Events. The Department will open
the bids in a public meeting. Once the Department has verified the bids, the Department will
post an agency decision in accordance with the Basis of Award section on the VBS.
3.1 False or Erroneous Information
The Department will evaluate responses from Responsive and Responsible Vendors.
A Respondent who fails to provide the requested information or clarification or submits false
or erroneous information may be deemed non-responsive and not awarded a contract.
If the Respondent's response is found to contain false or erroneous information after contract
award, the Contract may be terminated, and the Department may pursue any other legal
action punishable by law.
3.2 Commitment to Diversity in Government Contracting
The State of Florida is committed to supporting its diverse business industry and population
through ensuring participation by woman-, veteran-, and minority-owned small businesses
enterprises in the economic life of the state. The State of Florida Mentor Protege Program
connects certified business enterprises with private corporations for business development
mentoring. The Department strongly encourages firms doing business with the State of Florida
to consider participating in this initiative. More information on the Mentor Protege Program may
be obtained by contacting the Office of Supplier Diversity at (850) 487-0915 or
2 dinfo'@d�is.e,nyr` or,,'do.cci-n.
The Department supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity.
The award of subcontracts should reflect the vast array of citizens in the State of Florida. The
Bidder can contact the Office of Supplier Diversity at (850) 487-0915 for information on
certified business enterprises that may be considered for subcontracting opportunities.
3.3 Question Submission
The Department invites interested and registered Vendors to submit questions regarding the
solicitation. Vendors who have `Joined' the MFMP Sourcing event are able to submit questions
using the MFMP Sourcing 'Messages' tab (referred to as the "Q&A Board" in PUR 1001).
Questions can be submitted in MFMP Sourcing until the Question Submission Deadline listed
in the Timeline of Events.
The following quoted text replaces Paragraph 5 of PUR 1001:
"Questions must be submitted via the Q&A Board within MFMP Sourcing and must be
RECEIVED NO LATER THAN the time and date reflected on the Timeline of Events. Questions
Page 9 of 17
shall be answered in accordance with the Timeline of Events. All questions submitted shall be
published and answered in a manner that all proposers will be able to view. Proposers 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 Vendor Bid System for new or
changing information. The Buyer shall not be bound by any verbal information or by any written
information that is not contained in 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 20 of these Instructions."
Bidders are strongly encouraged to raise any questions or concerns regarding this ITB,
including the proposed Contract terms and conditions, during the open question period.
3.4 Addenda to the ITB
The Department reserves the right to modify this solicitation by addenda. Addenda may modify
any aspect of this solicitation. Any addenda issued will be posted on the VBS. It is the Bidder's
responsibility to check for any changes to a solicitation prior to submitting a bid.
3.5 Protest of Terms, Conditions, and Specifications
With respect to a protest of the terms, conditions and specifications contained in this solicitation,
including any provisions governing the methods for scoring responses, awarding contracts, or
modifying or amending any contract, a notice of protest shall be filed in writing with the Agency
Clerk, Department of Management Services, 4050 Esplanade Way, Tallahassee, FL 32399-
0950, within 72 hours after the posting of the solicitation. For purposes of this provision, the
term "the solicitation" includes this solicitation document, any addendum, response to written
questions, clarification or other document concerning the terms, conditions, and specifications of
the solicitation.
Failure to file a protest within the time prescribed in subsection 120.57(3), F.S., 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, F.S. When protesting a decision or
intended decision (including a protest of the terms, conditions, and specifications of the
solicitation), the protestor must post a bond with the formal protest that is equal to one
percent of the Department's estimated contract amount. The estimated contract amount is not
subject to protest.
3.6 Public Opening
Bids will be opened on the date and at the location indicated in the Timeline of Events. Bidders
are not required to attend. The Department generally does not announce prices or release other
materials at this public meeting, pursuant to paragraph 119.071(1)(b), F.S.
3.7 Electronic Posting of Notice of Intended Award
The Department shall electronically post a Notice of Intended Award on the VBS for review by
interested parties at the time and location specified in the Timeline of Events. The Notice of
Intended Award shall remain posted for a period of 72 hours, not including weekends or State
observed holidays. If the Notice of Intended Award is delayed, in lieu of posting the Notice of
Intended Award the Department may post a notice of delay and a revised date for posting the
Notice of Intended Award.
Page 10 of 17
3.8 Protest of Notice of Intended Decision
Anyone desiring to protest the Notice of Intended Award shall file any notice of protest and any
subsequent formal written protest with the Agency Clerk, Department of Management Services,
4050 Esplanade Way, Tallahassee, FL 32399-0950, within the time prescribed in subsection
120.57(3) F.S., and Chapter 28-110, Florida Administrative Code. The Procurement Officer
should be copied on such filings.
When protesting a decision or intended decision (including a protest of the terms, conditions
and specifications of the solicitation), the protestor must post a bond with the formal protest that
is equal to one percent of the Department's estimated contract amount. The estimated contract
amount is not subject to protest.
Failure to file a protest within the time prescribed in subsection 120.57(3), F.S., 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, F.S.
3.9 Firm Response
The Department intends to award a contract within sixty days after the date of the bid opening,
during which period bids shall remain firm and shall not be withdrawn. If an award is not made
within sixty days, all bid responses shall remain firm until either the Department awards the
Contract, or the Department receives from the Bidder written notice that the response is
withdrawn. Bid responses that express a shorter duration may, in the Department's sole
discretion, be accepted or rejected.
3.10 Modification or Withdrawal of Bid
Bidders are responsible for the content and accuracy of their bid. Bidders may modify or
withdraw their bid at any time prior to the bid due date in accordance with the Timeline of
Events.
3.11 Cost of Response Preparation and Independent Preparation
The costs related to the development and submission of a response to this ITB is the full
responsibility of the Bidder and are not chargeable to the Department. A Bidder shall not,
directly or indirectly, collude, consult, communicate or agree with any other Vendor or Bidder
as to any matter related to the response each is submitting. Additionally, a Bidder shall not
induce any other Bidder to modify, withdraw, submit or not submit a response.
3.12 Contract Formation
The Department may issue a Notice of Intended Award to successful Bidder(s). However, no
contract shall be formed between a Bidder and the Department until the Department signs the
contract. The Department shall not be liable for any work performed before the contract is
effective.
The Department intends to enter into a contract(s) with Bidder(s) pursuant to the Basis of
Award section of this solicitation. No additional documents submitted by a Bidder shall be
incorporated in the contract unless it is specifically identified, incorporated by reference, and
approved by the Department. If any additional documents are submitted by the Bidder, the
additional documents will not be considered for the Basis of Award.
Page 11 of 17
4 HOW TO BID ON THE ITB
This section contains instructions to Bidders on how to submit a bid.
4.1 General Instructions
PUR 1001, the General Instructions to Bidders, is incorporated by reference and provided via
the link below:
hftp://www.dms.mvflorida.com/content/download/2934/11780/1 001.pdf
In the event any conflict exists between Attachment D — Special Instructions to Bidders and
these General Instructions to Bidders, the Attachment D, Special Instructions shall prevail.
The following section of the PUR 1001 (General Instructions) is modified as follows:
9. In submitting a response, each respondent understands, represents, and acknowledges
the following.
* 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 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 Department in writing of all convictions of the firm,
its affiliates (as defined in paragraph 287.133(1)(a),F.S.), 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:
Page 12 of 17
• 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 Department 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 Department in awarding the Contract. Any
misstatement shall be treated as fraudulent concealment from the Department of the true facts
relating to submission of the bid. A misrepresentation shall be punishable under law, including,
but not limited to, Chapter 817, F.S.
4.2 How to Submit a Bid
Bidders will submit their bids electronically via MFMP Sourcing. Bidders shall enter all
required attachments and documents electronically in MFMP Sourcing during this solicitation
as indicated. The Department will only evaluate bids submitted using MFMP Sourcing.
Mass produced general information/promotional material about the Bidder that is
prepared/printed for general distribution is not permitted. The emphasis of each bid shall be on
completeness and clarity of content, prepared simply and economically, providing a
straightforward, concise delineation of the Bidder's capabilities to satisfy the requirements of this
solicitation.
By submitting a bid to this solicitation, the Bidder agrees to and waives any objections to
requirements contained in the solicitation. By submitting a bid, the Bidder certifies that it agrees
to and satisfies all requirements specified in this solicitation.
Page 13 of 17
Respondents must upload an electronic copy of all required documentation in the MFMP
Sourcing application. The following conditions apply:
• In the case where the Department provides an attachment that is able to be filled in,
Respondents are to download the attachment, fill it out, and then attach the filled in
copy in the link provided.
• In the case of original or signed documentation, Respondents may attach scanned
copies of original documents which have been filled in and signed by an individual
authorized to respond on the Bidder's behalf.
• In the case where multiple original or signed items are requested as part of a single
requirement, please combine multiple scanned items into a single PDF attachment.
Each link in MFMP will only accept a single attachment.
• MFMP accepts files up to 20 megabytes (MB) in size.
Submit all required attachments and documentation in MFMP Sourcing in accordance with the
applicable instructions. Failure to submit all of the required attachments and documentation in
MFMP Sourcing may result in a determination of Bidder non -responsiveness. Bidders are
responsible for submitting their bids in MFMP Sourcing by the date and time specified in the
Timeline of Events of this solicitation. The Department will not consider late bids.
Attachments submitted in MFMP Sourcing should be named similarly to the following file
naming conventions:
Example:
John DoeLLC_Attachment_E. pdf
JohnDoeLLC_AttachmentJMarkupSheet.xlsx (Excel)
5 PRIOR TO AWARD
5.1 Rejection of Bids
Bids that do not meet all requirements, specifications, terms, and conditions of the solicitation or
fail to provide all required information, documents, or materials may be rejected as non-
responsive. Bidders whose bids, references, or current status does not reflect the capability,
integrity, or reliability to fully and in good faith perform the requirements of a contract may be
rejected as not responsible. The Department reserves the right to determine which bids meet
the requirements of this solicitation, and which Bidders are responsive and responsible.
5.2 Minor Irregularities/Right to Reject
The Department reserves the right to accept or reject any or all bids, or separable portions
thereof, and to waive any minor irregularity, technicality, or omission if the Department
determines that doing so shall serve the Department's best interests. The Department may
reject any response not submitted in the manner specified by the solicitation documents.
5.3 Redacted Submissions
The following section supplements section 19 of the PUR 1001, If Bidder considers any portion
of the documents, data or records submitted in response to this solicitation to be confidential,
proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S.,
the Florida Constitution or other authority, Bidder must mark the document as "Confidential" and
simultaneously provide the Department with a separate redacted copy of its response and
briefly describe in writing the grounds for claiming exemption from the public records law,
Page 14 of 17
including the specific statutory citation for such exemption. This redacted copy shall contain the
Department's solicitation name, number, and the Bidder's name on the cover, and shall be
clearly titled "Redacted Copy." The Redacted Copy should only redact those portions of material
that the Bidder claims is confidential, proprietary, trade secret or otherwise not subject to
disclosure.
In the event of a request for public records pursuant to Chapter 119, F.S., the Florida
Constitution or other authority, to which documents that are marked as confidential are
responsive, the Department will provide the Redacted Copy to the requestor. If a requestor
asserts a right to the Confidential Information, the Department will notify the Bidder such an
assertion has been made. It is the Bidder's responsibility to assert that the information in
question is exempt from disclosure under Chapter 119, F.S., or other applicable law. If the
Department becomes subject to a demand for discovery or disclosure of the Confidential
Information of the Bidder in a legal proceeding, the Department shall give the Bidder prompt
notice of the demand prior to releasing the information (unless otherwise prohibited by
applicable law). The Bidder shall be responsible for defending its determination that the
redacted portions of its response are confidential, proprietary, trade secret, or otherwise not
subject to disclosure.
By submitting a bid, the Bidder agrees to protect, defend, and indemnify the Department for any
and all claims arising from or relating to the Bidder's determination that the redacted portions of
its bid are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Bidder
fails to submit a redacted copy of information it claims is confidential, the Department is
authorized to produce the entire documents, data, or records submitted to the Department in
answer to a public records request for these records.
5.4 Additional Information
By submitting a bid, Bidder certifies that it agrees to and satisfies all requirements specified in
the ITB. The Department may request, and Bidder shall provide, additional supporting
information or documentation. Failure to supply supporting information or documentation as
required and requested may result in the bid being deemed non-responsive.
5.5 Bid Disqualification
Bids that do not meet all requirements, specifications, terms and conditions of the solicitation or
fail to provide all required information, documents or materials may be rejected as non-
responsive. Bids that contain provisions that are contrary to the requirements of the solicitation
are not permitted. Bidders whose bids, past performance or current status do not reflect the
capability, integrity or reliability to fully and in good faith perform the requirements of this
solicitation may be rejected as non-responsive. The Department reserves the right to determine
which bids meet the requirements of this solicitation and which Bidders are responsive and
responsible.
6 BASIS OF AWARD
The Contract will be awarded to the responsible and responsive bidders with the lowest
Calculated Markup for each fuel and delivery type in each of the four regions, as shown on the
Markup Sheet (Attachment J). The Department may issue up to five awards for each fuel and
delivery type in each of the four regions described in the Scope of Work (Attachment A).
Page 16 of 17
6.1 Transport Delivery
For Transport Delivery bids, the Bidder's Calculated Markup for each fuel type will be calculated
on the Markup Sheet (Attachment J) using the following formula:
(TI x0.54)+(A'x0.06)+(TRx0.36)+(ARx0.04)=Z
Where:
T' = Initial Term Markup
A' = Sum of Initial Term Allowable Charges ("All Delivery Types" and "Transport Delivery Only")
TR = Renewal Term Markup
AR = Sum of Renewal Term Allowable Charges ("All Delivery Types" and "Transport Delivery
Only")
Z = Bidder's Calculated Markup
6.2 Non -Transport Delivery
For Non -Transport Delivery bids, the Bidder's Calculated Markup for each fuel type will be
calculated on the Markup Sheet (Attachment J) using the following formula:
(NI x 0.54) + (BI x 0.06) + (NR x 0.36) + (BR x 0.04) = Z
Where:
NI = Initial Term Markup
BI = Sum of Initial Term Allowable Charges ("All Delivery Types" only)
NR = Renewal Term Markup
BR = Sum of Renewal Term Allowable Charges ("All Delivery Types" only)
Z = Bidder's Calculated Markup
6.3 Preference to Florida Businesses
Pursuant to the requirements of paragraph 287.084(1)(a), F.S., if the lowest responsible and
responsive bid is by a vendor whose principal place of business is in a state or political
subdivision thereof which grants a preference for the purchase of such personal property to a
person whose principal place of business is in such state, the Department will award a
preference to the lowest responsible and responsive bidder having a principal place of business
within Florida, which preference is equal to the preference granted by the state or political
subdivision thereof in which the lowest responsible and responsive bidder has its principal place
of business.
If the lowest bid is submitted by a bidder whose principal place of business is located outside
the state, and that state does not grant a preference in competitive solicitation to vendors having
a principal place of business in that state, the preference to the lowest responsible and
responsive bidder having a principal place of business in this state will be five percent.
A vendor whose principal place of business is outside this state must accompany any written
bid documents with a written opinion of an attorney at law licensed to practice law in that foreign
state, as to the preferences, if any or none, granted by the law of that state to its own business
entities whose principal places of business are in that foreign state in the letting of any or all
public contracts
Page 16 of 17
7 ITB ATTACHMENTS
Attachment A
Scope of Work
Attachment B
Draft Contract
Attachment C
Special Contract Conditions
Attachment D
Special Instructions for Bidders
Attachment E
Responsiveness Requirements
Attachment F
Vendor Information Form
Attachment G
Certification of Drug -Free Workplace
Attachment H
Quarterly Sales Report
Attachment I
Savings/Price Reductions
Attachment J
Markup Sheet
Attachment K
No Offshoring
Required Documents to be submitted by vendor prior to ITB opening
Attachment E Responsiveness Requirements
Attachment G Certification of Drug -Free Workplace (if applicable)
Attachment J Markup Sheet
Written Opinion of an Attorney at Law - Section 6.3 of the ITB (if applicable)
Page 17 of 17
Attachment A
Scope of Work
A. General Statement
1. Purpose
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
The State of Florida Department of Management Services' Division of State
Purchasing (Department) is issuing this Invitation to Bid (ITB) to establish a state
term contract for Bulk Fuel, Gasoline, and Biodiesel. Customers for this contract
include all state agencies and eligible users. (it is anticipated that Customers will use
approximately 10,000,000 gallons annually under the resulting Contract, if any).
2. Commodity Code List
......_._..._
UNSPSC
Commodity Description
15101505
Diesel fuel
15101506
Gasoline or Petrol
15101513
Diesel fuel off road
15101801
Biodiesel
B. Definitions
1. Back Haul- Return of unused fuel.
2. Contractor - The successful bidderNendor who is awarded the resultant contract
under this solicitation. Contractor is also known as the "Shipper".
3. Contract Manager - Person designated by the Department of Management Services
(the Department) to be responsible for managing the performance of a contract.
4. Customer - An ordering entity including state agencies and eligible users, as defined
in Rule 60A-1.001, Florida Administrative Code (F.A.C.).
5. Eligible User - A governmental entity defined in Rule 60A-1.001, F.A.C.
6. Emergency Delivery- When a delivery is required to help immediate risk to health,
life, or property.
7. Freight Charge- The fee is applied to all shipments and is set by local authorities
which means this fee may apply to both import or export shipments.
8. Pump Off- Using a pump to pull the fuel from the truck/trailer and pushes the fuel to
its destination.
9. Top Off- To bring fuel to the maximum tank level of 1,000 gallons or less.
Page 1 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
C. Commodity Specifications
1. Biodiesel Blend: Blend of grade no. 2-D ultra-low sulfur diesel and up to 20%
biodiesel, for use in over the road diesel engine, meeting the American Society for
Testing and Materials (A.S.T.M.) specification D7467 for biodiesel blends (6% –
20%). The biodiesel component shall consist of mono -alkyl esters of long chain fatty
acids derived from new and used vegetable oils, designated B100, 899.9, or B99,
meeting the A.S.T.M. specification D6751 and be certified under the BQ9000 quality
program. The diesel component (grade no. 2-D ultra-low sulfur diesel) and any
blends with less than 6% biodiesel shall meet A.S.T.M. specification D975. The final
product shall comply with the standards in Rule 5J-21.001, F.A.C. The Contractor
must deliver any blend requested by the Customer.
2. Diesel Fuel, Grade No. 2-D Ultra Low Sulfur: Grade no. 2-D (.0015 mass
Percentage sulfur, 40 cetane min.), for use in over the road diesel engine, per
A.S.T.M. specification D975, complying with Rule 5J-21.001, F.A.C.
3. Gasoline E10, Unleaded 87 Octane: The product shall comply with the standards in
Rule 5J-21.001, F.A.C.
4. Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur: for use in off-road diesel
engine, minimum cetane number of 40 using A.S.T.M. D613, A.S.T.M specification
D975, Grade # 2 S15. The product shall comply with the standards in Rule 5J-
21.001, F.A.C.
Upon Customer request, Contractor must provide all certificates concerning product quality of all
commodities listed in Section C (1-4) inclusive in this Scope of Work.
D. Pricing Elements for Purchase of Fuels
1. Cost of Fuel
Prices will be calculated for each fuel type using the following information:
fin=-. *gl=— 131a'Ti .`I
1.1.1 Data Transmission Network (DTN) FastRacks Average Price for Ultra
Low No. 2. The daily price will be used to calculate the diesel portion for
Biodiesel.
1.1.2 The Wall Street Journal's published Monday closing price for soybean
oil, as printed in the Tuesday edition under "Fats and Oils" in the "Cash
Prices" column. This weekly price will be used to calculate the bio
portion of the Biodiesel. This method will be used unless vendor(s) can
show a better way of getting the price weekly. If no Monday price is
published, then the next available published price will apply (Tuesday,
Wednesday, etc.).
1.1.3 Contractor's Markup as determined by the Price Sheet for the region in
which delivery of Fuel is made.
1.1.4 All applicable Fuel taxes and/or petroleum associated fees as
determined by the county in which delivery of Fuel is made.
Page 2 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Sample Calculations:
B20 wholesale price = 0.80 times the price for ultra-low sulfur no. 2 diesel plus
0.20 times the price for soybean oil.
1310 wholesale price = 0.90 times the price for ultra-low sulfur no. 2 diesel plus
0.10 times the price for soybean oil.
B5 wholesale price = 0.95 times the price for ultra-low sulfur no. 2 diesel plus
0.05 times the price for soybean oil.
The Contractor is prohibited from negotiating or billing in a manner that
exceeds the stated prices included in the Contract. The Contractor agrees that
the price charged to the Customer shall be subject to audit, and the Contractor
shall make all records supporting the invoiced prices available for inspection,
upon written request by the Customer.
1.2 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
1.2.1 DTN FastRacks Average Price for Ultra Low No. 2.
1.2.2 Contractor's Markup as determined by the Price Sheet for the region in
which delivery of Fuel is made.
1.2.3 All applicable Fuel taxes and/or petroleum associated fees as
determined by the county in which delivery of Fuel is made.
1.3 Gasoline E10, Unleaded 87 Octane
1.3.1 DTN FastRacks Average Price for Gasoline E-10 10% Ethanol.
1.3.2 Contractor's Markup as determined by the Price Sheet for the region in
which delivery of Fuel is made.
1.3.3 All applicable Fuel taxes and/or petroleum associated fees as
determined by the county in which delivery of Fuel is made.
1.4 Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur
1.4.1 DTN FastRacks Average Price for Ultra Low Red No. 2.
1.4.2 Contractor's Markup as determined by the Price Sheet for the region in
which delivery of Fuel is made.
1.4.3 All applicable Fuel taxes and/or petroleum associated fees as
determined by the county in which delivery of Fuel is made.
The DTN FastRacks Average Price used above will be that of the closest appropriate
terminal, on the date of delivery to the Customer, regardless of when or where the
Contractor obtained fuel. The Contractor must subscribe to the DTN FastRacks
Averages by calling DTN's Sales Department at 1-800-779-5775.
The following terminals are used to refer to the DTN FastRacks Average Prices:
• Pensacola
• Panama City
• Jacksonville
Page 3 of 10
Invitation to Bid (ITB) No: 16-15100000-w
Bulk Fuel, Gasoline, and Diesel
• Orlando
• Tampa
• Miami
• Bainbridge, GA
2. Fuel Fees, Taxes, and Other Costs
The Contractor may assess the following charges as determined by the price sheet
for the county in which delivery of Fuel is made:
2.1. Delivery charges are allowed.
2.2. Freight charges will apply on all Transport Deliveries.
2.3. Pump off charge for Transport Delivery. This may be charged more than once if
Transport Delivery truck is required to relocate to deliver to additional tanks.
2.4. Excessive delay charge if Contractor should wait more than 30 minutes to
begin Fuel delivery.
2.5. Back haul charge if Customer orders more than tanks can hold.
2.6. Top off charge.
2.7. Tank maintenance, if customer and vendor agree.
2.8. Other fees were permitted by paragraph 215.422(3)(b), Florida Statutes.
This space left intentionally blank.
Page 4 of 10
Invitation toBid (ITB)No: 1ow51o00omw
Bulk Fuel, Gasoline, and Diesel
E. Delivery to Customers
Map mfFour Geographic Regions for Delivery to Customers
Identification of Counties within Four Geographic Regions
WESTERN (W)
Bay
Calhoun
Dixie
Eooamnbio
Franklin
Gadsden
Gulf
Holmes
Jackson
Jefferson
Lafayette
Leon
Liberty
Alachua
Baker
Bradford
Clay
Columbia
Duval
F|ogkar
Gilchrist
Hamilton
Levy
Marion
Nassau
Putnam
Page 5 of 10
Bnaxmnd
Charlotte
Citrus
Desoto
Hardee
Hernando
Highlands
Hillsborough
Indian River
Lake
Lee
N1anebae
Okeechobee
Bmward
Collier
Glade
Hendry
Martin
Miami -Dade
Monroe
Palm Beach
WESTERN (W)
Madison
Okaloosa
Santa Rosa
Taylor
Wakulla
Walton
Washington
�1911111;0
Suwannee
Union
Volusia
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
CENTRAL (C)
Orange
Osceola
Pasco
Pinellas
Polk
Sarasota
Seminole
St. Lucie
Sumter
NOTE: Gallons listed below may be converted to liters.
SOUTHERN (S)
1. Normal delivery on this Contract shall be from 6,000 to 8,500 gallons for a Delivery of
gasoline; 6,000 to 7,500 gallons for a Delivery of diesel; and 7,500 gallons for a
combination load Transport Delivery of gasoline and diesel.
2. Delivery options on the contract for less than the normal delivery can be made via a
tank wagon, LPG trucks, or other means to receive less than 6,000 gallons.
3. In the event of an emergency, gas and/or diesel deliveries/top offs can be made by a
tank wagon or other available transportation for gas or diesel deliveries less than the
normal delivery load.
4. Delivery shall be made available to all state agencies and their locations.
Imperial measurements appearing are not intended to preclude bids for commodities
with metric measurements.
5. Normal delivery of fuel will be delivered to the Customer's tank(s) within 48 hours
after telephone notification is received unless specified otherwise by the Customer.
For new accounts, the Contractor will be allowed additional time to enter all required
account information into their ordering/billing system to establish the new account.
This time will be agreed upon by the Customer and the Contractor. The State prefers
that vehicles equipped with meters make delivery. If non -metered vehicles are used,
the driver shall leave a metered loading report from the terminal with the Customer. If
temperature corrected billing is used, the loading report shall give all pertinent
information. Customer may be subject to a service charge if request is for same day
delivery.
6. Before unloading of Fuel begins, Customer personnel and Contractor personnel shall
measure the Customer's tank(s) to receive Fuel and shall again measure the tank(s)
after delivery. Customer may be subject to a back -haul charge if the Customer
orders more Fuel than the Customer's tank(s) can hold upon delivery and a portion
of the Fuel ordered has to be returned.
F. Emergency Fuel Plan
Within thirty days of contract signing, the Contractor and the State shall jointly develop an
Emergency Fuel Plan (Plan). The emergency purchases under the Plan shall include the use of
Page 6 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
equipment and tools, and all services and responsibilities prescribed or implied which are
necessary for the complete performance by the Contractor of its obligations under the Plan.
This Plan shall include but not be limited to:
• Commodities and services available to Customers during emergencies
• An assessment of risks
• Operational assignments (Who does what, when and how)
• Procedures for Emergency notification (How do we tell people there's a problem?)
• Procedures for activation in the event of an emergency to protect and/or recover
critical assets and functions
• Procedures for Plan testing
• Procedures for an annual review, updating, altering and re -writing that results in a
document that is fully functional and operational
• The plan must be able to work with the State's Fuel Card program
G. Invoices
1. The Contractor shall submit timely invoices to the Customer.
2. At a minimum the invoices are to provide the following information:
2.1. Contractor's name, contract number, actual date of delivery, location of
delivery, fuel manufacturer, and fuel quantity delivered;
2.2. DTN FastRacks Average Price based on the actual delivery date and named
closest terminal used for price;
2.3. Exempted taxes, fees, credits, markup, and other fees consisting of freight,
pump -off, excessive delay, back -haul, top -off, tank maintenance pump off fee;
2.4. Adjustments due to unforeseen circumstances including but not limited to
erroneous orders, fuel spills, delivery of incorrect fuel, and cross -fueling; and
2.5. Total invoice price.
3. To encourage transparency, all line item costs on all invoices shall include a
description of each cost sufficient for a Customer to understand and audit.
H. Punch -out Catalog and Electronic Invoicing
The Contractor will be required to provide an MFMP punch -out catalog. The punch -out catalog
provides an alternative mechanism for suppliers to offer the State of Florida access to products
awarded under the Contract. The punch -out catalog also allows for direct communication
between the MFMP eProcurement System and a supplier's Enterprise Resource Planning
(ERP) system, which can reflect real-time product inventory/availability information.
Through utilization of the punch -out catalog model, a Florida buyer will "punch out" to a
supplier's website. Using the search tools on the supplier's Florida punch -out catalog site, the
user selects the desired products and services. When complete, the user exits the supplier's
punch -out catalog site and the shopping cart (full of products and services) is "brought back" to
MFMP. No orders are sent to a supplier when the user exits the supplier's punch -out catalog
site. Instead, the chosen products and services are "brought back" to MFMP as Contract line
Page 7 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
items. The user can then proceed through the normal workflow steps, which may include
adding/editing the products to a requisition or a purchase order. An order is not submitted to a
supplier until the buyer actually adds the line items to a requisition and the purchase order is
approved and sent to the supplier.
At the State's option, the Contractor holds the option to invoice electronically pursuant to
guidelines of the Department of Management Services. Electronic invoices will be submitted to
the agency through the Ariba Network (AN) in one of three mechanisms as listed below. The
Contractors may 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 Ariba Network (AN) for catalog and non -catalog products and
services. The cXML format is the Ariba preferred method for elnvoicing.
• 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 AN, for catalog and non -catalog
products and services.
• PO Flip via AN
• The online process allows suppliers to submit invoices via the AN, for catalog and
non -catalog products and services. Suppliers have the ability to create an invoice
directly from their Inbox in their AN 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 punch -out catalog and electronic invoicing.
1. Contract Reporting
The Contractor shall report information on orders received from state agencies and eligible
users associated with this contract. The Contractor shall supply to the Department all the
data, calculations, and documents used in computing all costs associated with the supply and
delivery of Fuel.
No favorable action will be considered for any contractor who has outstanding Contract
Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to
include fees / monies that is required under this Contract.
Page 8 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
The Contractor shall submit reports in accordance with the following schedule:
Report
Period
Due Dates
Covered
MFMP Transaction Report
Calendar
15th calendar day of the month following the
month
receipt of payment for the vendor's good or
services.
Contract Quarterly Sales
State's Fiscal
10 calendar days after close of the period
Report
Quarter
Savings / Price Reductions
Annual
10 business days after each action that
adjusts prices
Diversity Report (submitted
State Fiscal
10 business days after close of the period
to the Customer)
Year
Preferred Pricing Affidavit
Annual
Contract anniversary date
J. MFMP Transaction Fee Report
The Contractor is required to submit monthly Transaction Fee Reports in the Department's
electronic format. Reports are due 15 calendar days after the end of the reporting period. 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 Vendor on the MFMP
website: MFMP Transaction Fee and Reporting. Assistance is also available with the
Transaction Fee Reporting System from the MFMP Customer Service Desk by email at
feeprocessing()myfloridamarketplace. com or telephone 866-FLA-EPRO (866-352-3776)
from 8:00 a.m. to 6:00 p.m. ET.
K. Quarterly Sales Report
The Contractor agrees to submit a Quarterly Sales Report to the Department's Contract
Manager within 10 calendar days after the close of each State Fiscal quarter (September 30,
December 31, March 31, and June 30).
Quarterly Reporting periods should coincide with the contract term and should begin the
quarter following contract execution. Reports must be submitted in MS Excel format. The
report will include all sales (orders) from state agencies and eligible users received
(associated with this contract) during the period. Initiation and submission of the Quarterly
Report is the responsibility of the Contractor without prompting or notification from the
Department's Contract Manager. If no orders are received during the period, the Contractor
must submit a report stating that there was no activity. If the Contractor fails to submit two
consecutive quarterly sales reports, the Contract may be terminated for convenience or the
Department may choose to not renew the Contract.
The Contractor shall report to each Customer (ordering entity), spend with certified and other
minority business enterprises. These reports shall include the period covered, the name,
minority code and Federal Employer Identification Number of each minority business utilized
during the period, commodities and services provided by the minority business enterprise,
and the amount paid to each minority business on behalf of each purchasing agency ordering
under the terms of this Contract.
In addition, the Department may require additional Contract sales information such as copies
of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad
hoc requests within the specified amount of time as requested by the Department.
Page 9 of 10
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
The Contractor is required to submit ad hoc reports within the specified amount of time as
requested by the Department.
L. Business Review Meetings
In order to maintain the partnership between the Department and the Contractor, each
quarter the Department may request a business review meeting. The business review
meeting may include, but is not limited to, the following:
• Successful completion of deliverables
• Review of the Contractor's performance
• Review of minimum required reports
• Addressing of any elevated Customer issues
• Review of continuous improvement ideas that may help lower total costs and/or
improve business efficiencies
M. Financial and Other Consequences
The following financial consequences will apply for nonperformance of the contract by a
Contractor. The State reserves the right to withhold payment or implement other appropriate
remedies, such as contract termination or nonrenewal, when the Contractor has failed to
perform/comply with provisions of the Contract. These consequences for non-performance are
not to be considered penalties.
The financial consequences will be paid via check or money order and made out to the
Department of Management Services in US Dollars within 30 calendar days after the required
report submission date. These consequences are individually assessed for failures over each
target period beginning with the first full month or quarter of the contract performance and every
quarter thereafter.
N. Service Level Agreement (SLA) Performance
State agencies and eligible users may add SLA requirements and additional financial
consequences in their statements of work for failing to meet performance requirements within
any negotiated SLA or purchase order.
Page 10 of 10
Financial
Performance Metrics
Description '
Frequency
Consequences Trigger
for Non -Performance,
Per Day Late
Submission of complete
Submit Quarterly Sales
Each
$250
and accurate Contract
Report 10 calendar
quarter
Quarterly Sales Report
days after close of the
period
Submission of complete
Submit Monthly
Each
$100
and accurate Contract
Transaction Fee Report
month
Monthly Transaction Fee
15 calendar days after
Report
close of the period
N. Service Level Agreement (SLA) Performance
State agencies and eligible users may add SLA requirements and additional financial
consequences in their statements of work for failing to meet performance requirements within
any negotiated SLA or purchase order.
Page 10 of 10
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
Sad purchasing
Y* serve those who serre Florida
Attachment B
State Term Contract
No. 15100000-19-1
For
Bulk Fuel, Gasoline, and Diesel
This Contract is between the State of Florida, Department of Management Services (Department),
an agency of the State of Florida and Insert Contractor Name (Contractor), collectively referred
to herein as the "Parties."
Accordingly, the Parties agree as follows:
I. Initial Contract Term.
The Initial Contract Term shall be for three years. The Initial Contract Term shall begin on July
1, 2019. The Contract shall expire on June 30, 2022, unless terminated earlier in accordance
with the Special Contract Conditions.
11. Renewal Term.
Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for
a Renewal Term not to exceed the Initial Contract Term, pursuant to the incorporated Special
Contract Conditions.
111. Contract.
As used in this document, "Contract" (whether or not capitalized) shall, unless the context
requires otherwise, include this document and all incorporated Attachments, which set forth
the entire understanding of the Parties and supersedes all prior agreements. All modifications
to this Contract must be in writing and signed by all Parties.
All Attachments listed below are incorporated in their entirety into, and form part of this
Contract. The Contract Attachments shall have priority in the order listed:
a) Exhibit A: Addenda, in reverse order of issuance
b) Exhibit C Scope of Work Attachment A
c) Exhibit D: Special Contract Conditions
d) Exhibit E: Markup Sheet Attachment J
e) Exhibit F: ITB and ITB Attachments (not incorporated in addenda)
f) The Contractor's response to this solicitation
Page 1 of 2
State Term Contract No. 16100000-19-1,
For
bulk Fuel, Gasoline, and Diesel
IV. Contract Management.
Department's Contract Manager:
Frank Miller
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
Telephone: (850) 488-8855
Email: Frank.Miller2@dms.myflorida.com
Contractor's Contract Manager:
[Insert Contractor name]
Telephone: [(XXX) 555-XXXX]
Email: Bane.doe@business.gmail.com]
IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the
incorporated Attachments, to be executed by their undersigned officials as duly authorized. This
Contract is not valid and binding until signed and dated by the Parties.
[Name]
Date:
STATE OF FLORIDA,
DEPARTMENT OF
MANAGEMENT SERVICES
David Clark, Chief of Staff
Date:
Page 2 of 2
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment C
Special Contract Conditions
Table of Contents
SECTION1. DEFINITION . .............................................................................................. 2
SECTION 2. CONTRACT TERM AND TERMINATION ...................................................2
SECTION 3. PAYMENT AND FEES . .............................................................................. 3
SECTION 4. CONTRACT MANAGEMENT . .................................................................... 4
SECTION 5. COMPLIANCE WITH LAWS ....................................................................... 6
SECTION 6. MISCELLANEOUS . .................................................................................... 8
SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE,
AND INDEMNIFICATION ................................................................................................ 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT
AND INTELLECTUAL PROPERTY . .............................................................................. 11
SECTION 9. DATA SECURITY AND SERVICES ..........................................................12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS ...........................14
SECTION 11. CONTRACT MONITORING .................................................................... 15
SECTION 12. CONTRACT AUDITS .............................................................................. 16
SECTION 13. BACKGROUND SCREENING AND SECURITY .....................................17
SECTION 14. INFORMATION TECHNOLOGY .............................................................18
In accordance with Rule 60A-1.002(5), F.A.C., Form PUR 1000 is included
herein by reference and is superseded in its entirety by these Special
Contract Conditions.
Page 1 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Special Contract Conditions
SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida
Statutes, (F.S.) and rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer.
The agency or eligible user that purchases commodities or contractual services pursuant
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work.
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of suspension. Examples of a 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 must comply with the notice and will cease the activities associated with any
active or new purchase orders. Within ninety (90) calendar days, or any longer period
agreed to by the Contractor, the Department or Customer will either (1) issue a notice
authorizing resumption of work, at which time activity will resume, or (2) terminate the
Contract or purchase order. Suspension of work will not entitle the Contractor to any
additional compensation.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in the
best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
2.3.3 Termination for Cause.
Page 2 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may: (a) immediately terminate the
Contract; (b) notify the Contractor of the noncompliance or default and require correction
within a specified time, otherwise the Contract will terminate at the end of such time; or
(c) take other action deemed appropriate by the Department.
3.1 Pricing.
The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases.
The following price decrease terms will apply to the Contract:
(a) Preferred Pricing. Consistent with the goals of section 216.0113, F.S., Contractor
acknowledges and recognizes that the Department wants to take advantage of any
improvements in pricing over the course of the Contract period. To that end, the pricing
indicated in this Contract is a maximum guarantee under the terms of this
clause. Contractor's pricing will not exceed the pricing offered under comparable
contracts. Comparable contracts are those which are similar in size, scope, and terms.
Contractor must annually submit an affidavit from an authorized representative attesting
that the Contract is in compliance with this clause.
(b) Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices
compared to then -authorized prices.
3.3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain detail sufficient for an audit and contain the Contract Number and
the Contractor's Federal Employer Identification Number.
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract. If applicable, the Contractor must provide commodities or
contractual services pursuant to purchase orders. The purchase order period of
performance survives the expiration of the Contract. The duration of purchase orders
must not exceed the expiration of the Contract by more than twelve (12) months.
3.5 Travel.
Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing, and may be reimbursed only in accordance with section 112.061, F.S.
3.6 Annual Appropriation.
Page 3 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment C
Special Contract Conditions
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess
of one fiscal year, the State of Florida's performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law.
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer unless authorized by Florida law.
3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of any and all prior agreements between the Parties.
4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager by certified mail, return receipt requested; reputable air courier service; email;
personal delivery; or as otherwise identified by the Department.
4.3 Department's Contract Manager.
The Department's Contract Manager, who is primarily responsible for the Department's
oversight of the Contract, will be provided in a separate writing to the Contractor upon
Contract signing in the following format:
Jane Doe
Address
Page 4 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Special Contract Conditions
Telephone #
Email
In the event that the Department changes the Contract Manager, the Department will
notify the Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor's Contract Manager.
The Contractor's Contract Manager, who is primarily responsible for the Contractor's
oversight of the Contract performance, will be provided in a separate writing to the
Department upon Contract signing in the following format:
Jane Doe
<Insert Contractor name>
<Insert Contractor's physical address>
Telephone: (XXX) 555-XXXX
Email: iane.doe(a_)business.gmail. com
In the event that the Contractor changes its Contract Manager, the Contractor will notify
the Department. Such a change does not require an amendment to the Contract.
4.5 Diversity Reporting.
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises, and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at
osdinfoadms.mvflorida.com.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
Department purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following
statement applies:
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
Page 5 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Special Contract Conditions
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 RESPECT and the commodities or contractual services it
offers is available at http://www.respectofflorida.org.
4.7 PRIDE.
Subject to the agency determination provided for in sections 287.042(1) and 946.515,
F.S., the following statement applies:
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 commodities or contractual services it offers
is available at httD://WWW.Dride-enterDrises.orci.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business.
The Contractor must 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. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran's status.
Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a) -
(c), and (g), F.S., are hereby incorporated by reference, to the extent applicable.
5.2 Dispute Resolution, Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive. Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives any and all
Page 6 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Special Contract Conditions
privileges and rights relating to venue it may have under Chapter 47, F.S., and any and
all such venue privileges and rights it may have under any other statute, rule, or case
law, including, but not limited to those based on convenience. The Contractor hereby
submits to venue in the county chosen by the Department.
5.3 Department of State Registration.
Consistent with Chapters 605 through 623, F.S., the Contractor and any subcontractors
that assert status, other than a sole proprietor, must provide the Department with
conclusive evidence of a certificate of status, not subject to qualification, if a Florida
business entity, or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted and Discriminatory Vendor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate
who is on the Suspended Vendor List, Convicted Vendor List or the Discriminatory
Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant
under the Contract. The Contractor must notify the Department if it or any of its
suppliers, subcontractors or consultants have been placed on the Suspended Vendor
List, Convicted Vendor List or the Discriminatory Vendor List during the term of the
Contract.
5.5 Scrutinized Companies—Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the
Contractor, understand and will comply with their duty to cooperate with the Inspector
General in any investigation, audit, inspection, review, or hearing. Upon request of the
Inspector General or any other authorized State official, the Contractor must provide any
information the Inspector General deems relevant to the Contractor's integrity or
responsibility. Such information may include, but will 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 will retain such records for five years after the
expiration of the Contract, or the period required by the General Records Schedules
maintained by the Florida Department of State, at the Department of State's Records
Management website, whichever is longer. The Contractor agrees to reimburse the
State of Florida for the reasonable costs of investigation incurred by the Inspector
General or other authorized State of Florida official for investigations of the Contractor's
compliance with the terms of this or any other agreement between the Contractor and
the State of Florida which results in the suspension or debarment of the Contractor.
Such costs will include, but will not be limited to: salaries of investigators, including
overtime; travel and lodging expenses; and expert witness and documentary fees.
5.7 Inspection.
Page 7 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Section 215.422, F.S., provides that agencies have five (5) working days, unless the
contract specifies otherwise, to inspect and approve commodities or contractual
services. Items may be tested for compliance with specifications. Items delivered not
conforming to specifications may be rejected and returned at the Contractor's expense.
Interest penalties for late payment are also limited according to section 215.422, F.S.
SECTION 6. MISCELLANEOUS.
6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the
Department. The Department may assign the Contract with prior written notice to the
Contractor.
6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the Department and are not
entitled to State of Florida benefits. The Department will not be bound by any acts or
conduct of the Contractor or its employees, agents, representatives, or subcontractors.
The Contractor agrees to include this provision in all of its subcontracts under the
Contract.
6.4 Risk of Loss.
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: 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 commodity,
Contractor will remove the commodity from the premises within ten (10) calendar days
after notification of rejection, and the risk of loss will remain with the Contractor.
Page 8 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment
Special Contract Conditions
Commodities not removed by the Contractor within ten (10) calendar days will be
deemed abandoned by the Contractor and the Customer will have the right to dispose of
such commodities. Contractor will reimburse the Customer for costs and expenses
incurred in storing or effecting removal or disposition of rejected commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
6.7 Time is of the Essence.
Time is of the essence regarding each and every obligation of the Contractor under the
Contract. Each obligation is deemed material, and a breach of any such obligation
(including a breach resulting from untimely performance) is a material breach.
6.8 Waiver.
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
be construed and enforced as if the Contract did not contain the provision held invalid.
6.10 Cooperative Purchasing.
Agencies wishing to make purchases under this Contract are required to follow the
requirements of section 287.042(16) or 287.057(3) (b), F.S., and rule 60A-1.045, F.A.C.
These provisions require the Department to determine that the requesting agency's use
of the Contract is cost-effective and in the best interest of the State.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
government entities may make purchases under the terms and conditions contained
herein, if agreed to by Contractor. Non -Customer purchases are independent of the
Contract between the Department and the Contractor. The Department is not a party to
any transaction between the Contractor and any purchaser.
SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE,
AND INDEMNIFICATION
Page 9 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
7.1 Workers' Compensation Insurance.
To the extent required by law, the Contractor must be self-insured against, or must
secure and maintain during the life of the contract, Worker's Compensation Insurance for
all its employees connected with the work of this project, and in case any work is
subcontracted, the Contractor must require the subcontractor similarly to provide
Worker's Compensation Insurance for all of the latter's employees unless such
employees engaged in work under the resulting contract are covered by the Contractor's
insurance program. Self-insurance or insurance coverage must comply with the Florida
Worker's Compensation law. In the event hazardous work is being performed by the
Contractor under the resulting contract and any class of employees performing the
hazardous work is not protected under Worker's Compensation statutes, the Contractor
must provide, and cause each subcontractor to provide adequate insurance satisfactory
to the Department for the protection of employees not otherwise protected.
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance,
including bodily injury, property damage, products, personal & advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from the services and/or operations completed under the Contract, whether such
services or operations are by the Contractor or anyone directly or indirectly employed by
them. Such insurance must include the State of Florida as an additional named insured
for the entire length of the resulting contract. The Contractor is responsible for
determining the minimum limits of liability necessary to provide reasonable financial
protections to the Contractor and the State of Florida under the resulting contract.
All insurance policies must be with insurers licensed or eligible to transact business in
the State of Florida. The Contractor must submit via email, to the Department's contract
manager, insurance certificates evidencing such insurance coverage prior to execution
of a contract with the Department and provide Department notice of any cancellation or
nonrenewal at least ten (10) calendar days prior to cancellation or nonrenewal.
7.3 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Department, the Customer, and the State of Florida, its officers, employees, and
agents harmless from all fines, claims, assessments, suits, judgments, or damages,
including consequential, special, indirect, and punitive damages, including court costs
and attorney's fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor's
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Department. The Contract does not constitute a waiver of
sovereign immunity or consent by the Department or the State of Florida or its
subdivisions to suit by third parties. Without limiting this indemnification, the Department
or Customer may provide 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.
Page 10 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Special Contract Conditions
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT
AND INTELLECTUAL PROPERTY.
8.1 Public Records.
The Department may unilaterally cancel this Contract for refusal by the Contractor to
comply with this section by not allowing access to all public records, as defined in
Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with
the Contract.
Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following
applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL
ADDRESS AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011(2), F.S., the
Contractor shall:
(a) Keep and maintain public records required by the public agency to perform the
service.
(b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of the
contract term and following the completion of the Contract if the contractor does not
transfer the records to the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the contractor transfers all public records to
the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
Page 11 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Special Contract Conditions
8.2 Protection of Trade Secrets or Confidential Information.
If the Contractor considers any portion of materials made or received in the course of
performing the Contract ("contract -related materials") to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
responsible for responding to and resolving all claims for access to contract -related
materials it has designated trade secret or otherwise confidential.
If the Department is served with a request for discovery of contract -related materials
designated by the Contractor as trade secret or otherwise confidential, the Contractor
will be responsible for filing the appropriate motion or objection in response to the
request for discovery. The Department will provide materials designated trade secret or
otherwise confidential if the Contractor fails to take appropriate and timely action to
protect the materials designated as trade secret or otherwise confidential.
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney's fees arising from or relating to its designation of
contract -related materials as trade secret or otherwise confidential.
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files, papers and documents that
were made in relation to this Contract. Contractor must retain all documents related to
the Contract for five (5) years after expiration of the Contract, or, if longer, the period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State's Records Management website.
8.4 Intellectual Property.
Unless specifically addressed in the Contract, intellectual property rights to all property
created or otherwise developed by the Contractor for the Department or the Customer
will be owned by the State of Florida at the completion of the Contract.
Any inventions or discoveries developed in the course of or as a result of services
performed under the Contract which are patentable pursuant to 35 U.S.C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made in connection with the Contract and will be
referred to the Florida Department of State for a determination on whether patent
protection will be sought for the invention or discovery. The State of Florida will be the
sole owner of any and all patents resulting from any invention or discovery made in
connection with this contract.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed in connection with the Contract are the sole property of the State
of Florida.
SECTION 9. DATA SECURITY AND SERVICES.
Page 12 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
9.1 Duty to Provide Secure Data.
The Contractor will maintain the security of State of Florida data including, but not limited
to, a secure area around any displayed visible data. The Contractor will also comply with
all HIPAA requirements and any other state and federal rules and regulations regarding
security of information.
9.2 Warranty of Security.
Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform
any of the services from outside of the United States, and the Contractor will not allow
any State of Florida data to be sent by any medium, transmitted, or accessed outside of
the United States.
The Contractor agrees that a violation of items listed above will result in immediate and
irreparable harm to the Customer and will entitle the Customer to a credit as provided in
the Contract documents. This credit is intended only to cover the Customer's internal
staffing and administrative costs as well as the diminished value of services provided
under the Contract and will not preclude the Customer from recovering other damages it
may suffer as a result of such violation. For purposes of determining the damages due
hereunder, a group of violations relating to a common set of operative facts (e.g., same
location, same time period, same off -shore entity) will be treated as a single event. A
violation of this provision will also entitle the Customer to recover any damages arising
from a breach of this section and constitutes an event of default.
The Contractor must notify the Department and the Customer as soon as possible, in
accordance with the requirements of section 501.171, F.S., if applicable, and in all
events within one (1) business day in the event Contractor discovers any data is
breached, any unauthorized access of data occurs (even by persons or companies with
authorized access for other purposes), any unauthorized transmission of data occurs, or
of any credible allegation or suspicion of a material violation of the above. This
notification is required regardless of the number of persons or type of data affected. The
notification must be clear and conspicuous and include a description of the following:
(a) The incident in general terms.
(b) The type of information that was subject to the unauthorized access and acquisition.
(c) The type and number of entities who were, or potentially have been affected by the
breach.
(d) The actions taken by the Contractor to protect the data from further unauthorized
access. However, the description of those actions in the written notice may be general
so as not to further increase the risk or severity of the breach.
9.3 Remedial Measures.
Upon becoming aware of an alleged security breach, Contractor's Contract Manager
must set up a conference call with the Department's and the Customer's Contract
Manager. The conference call invitation must contain a brief description of the nature of
Page 13 of 19
Invitation to Bid (ITB) No: 16-15100000-w
Bulk Fuel, Gasoline, and Diesel
Special Contract Conditions
the event. When possible, a thirty (30) -minute notice will be given to allow Department
personnel to be available for the call. If the designated time is not practical for the
Customer, an alternate time for the call will be scheduled. Contractor must share all
available information on the call. The Contractor must answer all questions based on the
information known at that time and answer additional questions as additional information
becomes known. The Contractor must provide the Department and the Customer with
final documentation of the incident including all actions that took place. If the Contractor
becomes aware of a security breach or security incident outside of normal business
hours, the Contractor must notify the Department's and the Customer's Contract
Manager and in all events, within one business day.
9.4 Indemnification (Breach of Warranty of Security).
The Contractor agrees to defend, indemnify, and hold harmless the Department, the
Customer, and the State of Florida, its officers, directors, and employees for any claims,
suits, or proceedings related to a breach of the Warranty of Security. The Contractor will
include credit monitoring services at its own cost for those individuals affected or
potentially affected by a breach of this warranty for a two-year period of time following
the breach.
9.5 Annual Certification.
The Contractor is required to submit an annual certification demonstrating compliance
with the Warranty of Security to the Department by December 31 of each Contract year.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10.1 Gratuities.
The Contractor will not, in connection with this Contract, directly or indirectly (1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida 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
anything of value for the benefit of, or at the direction or request of, any State of Florida
officer or employee.
10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not for the
purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to
subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying
the executive or legislative branch concerning the scope of services, performance, term,
or compensation regarding the Contract, after the Contract execution and during the
Contract's term.
10.3 Communications.
Contractor shall not, without first notifying the Department's Contract Manager and
securing the Department's prior written consent, make public statements which concern
the Contract or its subject matter, disclose or permit disclosure of any data or information
obtained or furnished in accordance with the Contract, or use any statement attributable
Page 14 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment C
Special Contract Conditions
to the Department or its employees. Public statements include press releases, publicity
releases, promotions, marketing materials, corporate communications, or other similar
communications. The Department's written consent shall not be construed to supersede
or waive the Contract requirements imposed on the Contractor to maintain confidential
information.
SECTION 11. CONTRACT MONITORING.
11.1 Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details
thereof.
11.2 Performance Deficiencies and Financial Consequences of Non -Performance.
In addition to the processes set forth in the Contract (e.g., service level agreements), if
the Department determines that there is a performance deficiency that requires
correction by the Contractor, then the Department will notify the Contractor. The
correction must be made within a time -frame specified by the Department. The
Contractor must provide the Department with a corrective action plan describing how the
Contractor will address all performance deficiencies identified by the Department.
If the corrective action plan is unacceptable to the Department, or implementation of the
plan fails to remedy the performance deficiencies, the Department will retain ten percent
(10%) of the total invoice amount. The retainage will be withheld until the Contractor
resolves the performance deficiencies. If the performance deficiencies are resolved, the
Contractor may invoice the Department for the retained amount. If the Contractor fails to
resolve the performance deficiencies, the retained amount will be forfeited in order to
compensate the Department for the performance deficiencies.
11.3 Liquidated Damages.
The Contractor will promptly notify the Department or the Customer upon becoming
aware of any circumstances that may reasonably be expected to jeopardize the timely
and successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor
is taking or will take to do so, and the projected actual completion (or delivery) time. If
the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the
Contractor will promptly so notify the Department and use commercially reasonable
efforts to perform its obligations on time notwithstanding the Department's delay.
The Contractor acknowledges that untimely performance or other material
noncompliance will damage the Department, but by their nature such damages are
difficult to ascertain. Accordingly, the liquidated damages provisions stated in the
Contract documents will apply. Liquidated damages are not intended to be a penalty and
are solely intended to compensate for damages.
Page 15 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment C
Special Contract Conditions
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
The Contractor will 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 fire, explosion, earthquake,
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor's reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor.
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar 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) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will 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 will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department 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 will perform at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the
Department may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers with respect to
commodities or contractual services 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 commodity or contractual services 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.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor's and subcontractors' data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor's fees and claims for payment under the Contract, the Contractor's
agreements or contracts with subcontractors, partners or agents of the Contractor,
pertaining to this Contract, may be inspected by the Department upon fifteen (15)
calendar days' notice, during normal working hours and in accordance with the
Contractor's facility access procedures where facility access is required. Release
statements from its subcontractors, partners or agents are not required for the
Page 16 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment G
Special Contract Conditions
Department or its designee to conduct compliance and performance audits on any of the
Contractor's contracts relating to this Contract. The State of Florida's Chief Financial
Officer and the Office of the Auditor General also have authority to perform audits and
inspections.
12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor's general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department,
State of Florida's Chief Financial Officer or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department may require the Contractor and its employees, agents, representatives,
and subcontractors to provide fingerprints and be subject to such background checks as
directed by the Department. The cost of the background checks will be borne by the
Contractor. The Department may require the Contractor to exclude the Contractor's
employees, agents, representatives or subcontractors based on the background check
results. In addition, the Contractor must ensure that all persons have a responsibility to
self-report to the Contractor within three (3) calendar days any arrest for any
disqualifying offense. The Contractor must notify the Contract Manager within twenty-
four (24) hours of all details concerning any reported arrest. The Contractor will ensure
that all background screening will be refreshed upon the request of the Department for
each person during the term of the Contract.
13.2 E -Verify.
In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S.
Department of Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired during the term of the Contract for the services specified in
the Contract. The Contractor must also include a requirement in subcontracts that the
subcontractor must utilize the E -Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the Contract term. In order to
implement this provision, the Contractor must provide a copy of its DHS Memorandum of
Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract
execution. If the Contractor is not enrolled in DHS E -Verify System, it will do so within
five (5) calendar days of notice of Contract award, and provide the Contract Manager a
copy of its MOU within five (5) calendar days of Contract execution. The link to E -Verify
is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the
Contractor must provide a statement within five (5) calendar days to the Contract
Manager identifying the new hire with its E -Verify case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
Page 17 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment C
Special Contract Conditions
date of the court's determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows:
(a) Computer related crimes
(b) Information technology crimes;
(c) Fraudulent practices;
(d) False pretenses;
(e) Frauds;
(f) Credit card crimes;
(g) Forgery;
(h) Counterfeiting;
(i) Violations involving checks or drafts;
(j) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records
related to the services and/or commodities provided pursuant to the Contract and must
comply with all state and federal laws, including, but not limited to sections 381.004,
384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be
consistent with the most recent version of the Department security policies, protocols,
and procedures. The Contractor must also comply with any applicable professional
standards with respect to confidentiality of information.
SECTION 14. INFORMATION TECHNOLOGY.
The following applies to all contracts for information technology commodities and
contractual services. "Information technology' is defined in section 287.012(15), F.S., to
have the same meaning as provided in section 282.0041, F.S.
14.1 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 $250,000, the dollar
Page 18 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment' C
Special Contract Conditions
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 contained 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
backup 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 Department 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 to
the 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 to the Contractor
under any contract with the State.
14.2 Information Technology Standards.
Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST)
is to establish standards for the implementation and management of information technology
resources. Vendors agree to cooperate with the agency in furtherance of its efforts to
comply with AST standards, established in Title 74, F.A.C., as applicable.
Page 19 of 19
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment D
Special Instructions to Bidders
1. Vendor Bid System
The Department has designated the Florida Vendor Bid System (VBS) at
www.mvflorida.com/apps/vbs as the state's centralized procurement website for
electronic posting of solicitations, addenda, agency decisions, intended decisions,
including, but not limited to, intended contract awards.
Respondents, Vendors, and other interested parties are responsible for monitoring the
VBS for information regarding procurement opportunities and decisions and other
matters relating to this procurement. See the Timeline of Events in the solicitation
document for information regarding timing of the posting of decisions. However, the
dates and times within the Timeline of Events are subject to change. The agency
decisions will remain posted for 72 hours, not including weekends or State observed
holidays.
2. MFMP Registration
In order to submit questions regarding this procurement, and to submit a response to the
solicitation, a Respondent must be a registered Vendor in the MFMP Vendor Information
Portal (VIP). Registered Vendors must log in to the MFMP Sourcing application using
their MFMP VIP username and password to ensure that their contact information is
correct and that they have registered with the matching commodity code of the MFMP
Sourcing event. To participate in the procurement, a Vendor must also indicate its intent
to participate in electronic solicitations in MFMP Sourcing on the 'Solicitations' page of
their MFMP VIP account.
If you are not currently registered with MFMP VIP, you must:
a) Create an account through the MFMP VIP.
b) Within MFMP VIP, indicate on the `Solicitations' page that you wish to
participate in electronic solicitations.
c) Within MFMP VIP, in the Commodity Selections section, ensure that you
have selected the matching commodity codes used in this
procurement. Vendors will not receive notifications for procurements
with commodity codes that they have not selected in their MFMP VIP
account.
Please note: VBS and MFMP Sourcing may provide automated notifications to the
Vendor community, as a courtesy, based on commodity codes that are tied to a
Vendor's registration in the MFMP VIP. Vendors with a commodity code that matches
the commodity code of the MFMP Sourcing event will be able to 'Join' the MFMP
Sourcing event. If a Vendor does not have a matching commodity code, VBS and MFMP
Sourcing will not provide a courtesy notification and the Vendor will not be able to `Join'
the MFMP Sourcing event. Vendors have the ability to access and update their
registration in VIP by adding commodity codes to their business profile. Changes made
in MFMP VIP, including new registrations, may take 48 hours to take effect.
Page 1 of 3
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
The MFMP VIP can be accessed via this link: ttps://vendor.mvfloridamarketplace.com/
The Department strongly recommends setting your MS Internet Explorer browser to
compatibility mode while using MFMP applications. For more information regarding
recommended internet browser settings, please click here.
ALL VENDORS MUST `JOIN' THE MFMP SOURCING EVENT BY THE TIME AND
DATE LISTED IN THE TIMELINE OF EVENTS IN ORDER TO PARTICIPATE IN THIS
SOLICITATION.
In order to `Join' the MFMP Sourcing event, Vendors must:
a) have a current MFMP Vendor registration within the MFMP VIP; and
b) select 'Yes' to participate in electronic sourcing events in MFMP Sourcing
on the 'Solicitations' page of their MFMP VIP account.
The MFMP Sourcing application may be accessed using the following
link: https://sourcing.mvfloridamarketplace.com
3. MFMP Sourcing
Respondents must submit responses using the online procurement system known as
MyFlorida MarketP lace (MFMP).
4. MFMP Sourcing Phases: A solicitation formally begins when the Department posts a
Notice on VBS. The Department will also publish the procurement in MFMP Sourcing.
Do not rely on MFMP Sourcing for notices of procurements or agency decisions. VBS is
the centralized procurement website designated by the Department for electronic posting
of competitive procurements, addenda, agency decisions, intended decisions, including,
but not limited to, intended contract awards. MFMP Sourcing is the application for
submitting formal questions in response to the solicitation.
The following are MFMP Sourcing phases:
3.1 Preview Status
When this solicitation is published as a 'Public Event' in MFMP Sourcing, it will
initially exist in a 'Preview' status. During the 'Preview' status, Vendors without a
matching commodity code can only preview the MFMP Sourcing event. Vendors
with a matching commodity code can 'Join' the event, view and download
solicitation documents, and accept the 'Bidder's Agreement.'
In accordance with the time stated on the Timeline of Events, Vendors may
submit questions to the Procurement Officer in the `Messages' tab of the MFMP
Sourcing event, during the Preview status, after they have joined the event. The
solicitation will remain in 'Preview' status until the 'Open' status begins.
3.2 'Open' Status
The solicitation will be in 'Open' status on the date listed on the Timeline of
Events. When a solicitation is in 'Open' status, all registered Vendors with a
matching commodity code, who `Join' the MFMP Sourcing event and accept the
'Bidders Agreement' may submit Bids until the Bids Due date listed in the
solicitation's Timeline of Events section.
Page 2 of 3
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
The solicitation remains in 'Open' status until the Bids Due date and time listed in
the solicitation's Timeline of Events section.
3.3 `Pending Selection' Status
After the response due date in the Timeline of Events, the solicitation will enter
`Pending Selection' status. During this phase of the solicitation, the `Pending
Selection' tab will appear in MFMP Sourcing.
3.4 'Completed' Status
If the tab in MFMP Sourcing indicates 'Completed,' either a Notice of Intent to
Award or a Notice to Reject All Bids has been posted on VBS. However, do not
rely on MFMP Sourcing for this information. The VBS is the centralized
procurement website for the posting of agency decisions.
6. MFMP Training
MFMP University offers Vendor training materials on the Department's website
at: hftps://www.dms.myflorida.com/business operations/state purchasing/myfloridamar
ketplace/mfmp vendors/training for vendors.
For vendors responding to this solicitation, it is highly recommended that vendors review
the training provided via this link for Responding to Electronic Solicitations:
hftps://www.dms.mvflorida.com/content/download/140134/903704/Responding to Elect
ronic Solicitations. Pd
Please visit MFMP University to access online trainings on a variety of topics, including
Vendor Registration and Selecting Commodity Codes.
6. MFMP Assistance
If you need assistance with using MFMP, please contact the MFMP Customer Service
Desk at VendorHelp(a)-myfloridamarketplace.com or (866) 352-3776.
Page 3 of 3
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Revised Attachment E
Responsiveness Requirements
SOLICITATION
SECTION
REFERENCE
RESPONSIVENESS REQUIREMENTS
OR
ATTACHMENT
Timeline of
Events
The Bid was received by the date/time indicated in the Timeline of Events.
Attachment C —
The Bidder is not a Discriminatory Vendor or Convicted Vendor as defined in
Section 5.4
Sections 7 and 8 of the PUR1001 form . (Certifying by signature below)
ITB — Section
The Bidder is in compliance with Section 9 of the PUR1001 form.
4.1
(Certifying by signature below)
Attachment C —
The Bidder is not on the Scrutinized Companies with Activities in Sudan List or
Section 5.5
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List. (Certifying by signature below)
The Bidder certifies that if awarded a Contract, it shall provide a PDF file of their
current and active registration with the Department of State prior to contract
Attachment C —
execution. NOTE: Pursuant to section 607.1501, F.S., out-of-state corporations
Section 5.3
where required, must obtain a Florida Certificate of Authorization pursuant to
section 607.1503, F.S., from the Florida Department of State, Division of
Corporations, to transact business in the State of Florida. Website:
www.sunbiz.or . (Certifying by signature below
Attachment K
The Bidder will execute the No Offshoring Attachment, prior to the bid opening and
annually thereafter pursuant to the Contract. (Certifying by signature below)
Attachment 1
The Bidder will execute the Savings/Price Reductions — PUR7064 Attachment, at
the time of executing the Contract. (Certifying by signature below)
Attachment A
The Bidder, if awarded the contract, will comply with all the requirements of the
Scope of Work. (Certifying by signature below)
The Bidder has paid all MFMP transaction fees due to the State of Florida through
the date of submission of the response. (Certifying by signature below)
Attachment J
The Bidder has provided a Markup Sheet that includes prices for all initial and
renewal years.
The Bidder agrees that it will be found nonresponsive if it submits substitutions to
Attachment J
any of the specified fuel types or submits the Markup sheet in a format other than
Excel. (Certifying by signature below)
The Bidder certifies it has provided to the Department a written opinion of an
ITB
attorney at law in accordance with section 6.3 of the ITB (if applicable).
(certifying by signature below)
Signature below certifies that the signatory has the authority to respond to this solicitation on the Bidder's behalf, and
certifies conformance with all Responsive Requirements listed above.
Name of Bidder's Organization
Signature of Organization's Authorized Representative
Date
Page 1 of 1
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment F
Vendor Information Form
x
VENDOR NAME:
VENDOR FEID NO.:
VENDOR FEID MFMP
LOCATION SEQUENCE
NO.
STREET ADDRESS:
CITY, STATE and ZIP:
INTERNET ADDRESS:
TELEPHONE NO.:
TOLL-FREE NO.:
FAX NO.:
CERTIFIED MINORITY
Yes No
BUSINESS
CERTIFIED MINORITY
BUSINESS CODE (IF
APPLICABLE
FLORIDA CLIMATE
Yes No
FRIENDLY PRODUCTS
AUTHORIZED
Yes No
RESELLERS
AUTHORIZED
RESELLERS (LIST IF
APPLICABLE
COVERAGE AREA
(STATEWIDE/REGIO NAL/
SPECIFIC COUNTIES
MFMP CATALOG
Yes No
MFMP CATALOG TYPE
PUNCHOUT, LINE ITEM
Person Responsible for Administering The Contract
NAME:
TITLE:
STREET ADDRESS:
CITY, STATE and ZIP:
E-MAIL ADDRESS:
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
TELEPHONE NO.:
TOLL-FREE NO.:
CELL PHONE NO.:
FAX NO.:
Ordering and Remit -To Information - Please provide information where Customers should direct
orders. You must provide a regular mailing address and e-mail address'. If equipped to receive
purchase orders electronically, you may also provide'' an Internet Address.
REMIT -TO:
REMIT -TO STREET
ADDRESS:
REMIT -TO CITY, STATE
and ZIP CODE:
REMIT -TO EMAIL and/or
INTERNET ADDRESS:
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment G
Certification of Drug -Free Workplace
Section 287.087 of the Florida Statutes provides that, where equal bids, proposals or replies are
received, preference shall be given to the Bidder that certifies it has implemented a drug-free
workforce program. Please sign below and return this form to certify that your business has a
drug-free workplace program.
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation
and employee assistance programs and the penalties that may be imposed upon
employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in Subsection (1).
4) In the statement specified in Subsection (1), notify the employees, as a condition of
working on the commodities or contractual services that are under Bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any State, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community by any
employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements. False statements are punishable at law.
in
Authorized Signature
Page 1 of 1
Print Name and Title
N
s
L
C
041
0
oD
u
m
v
T
0 w
4D
m
N
O N
L
Q'
(N/1
•>
D1
•N
'° N
i7
O
7 Ma!
,;
N
o Y
Q
OD N
L
L4-
ai
4-
T
cu
Y
m (n O
s
i
i
Q LY
i u
L
:3m
O
C
(L6 J •L
f0
cr
L .6
L
Q +-
O
u Z
s = j
T +�- fl
O
•�
N N
' p
v
T
:34.1
m
Q C N
Q, N
F- C�
n
N N �U
-O
p M +s+
o
N
v+'
v
v N
vi
`=
p
O
Q
O
0
as v
°
p vii
i E
O v
m
±
6 N
= M
vagi
v L
O
=
C
�^
O
E
O aj
O Y
N
T
vv'i
vi01
4-
Zj
o C
:L- cOc
'-
+=
N
N" O
4' -0
DI
Y o
C
Q
Y
U
L 0
U
iYD
•ice-+
u °
U YOJ
L
Li.
L L
CU
_OD
O
OL
O
ai
cr
v M
U
vu--
,i.dl
co:
N
=
tn
L
Y
-C
Q. O
E
m
s
N
Q
O
L
c a
.0
D1
4-
U
U
m
N
N
D)
C
Cj m
'tj
L
Y
c
L C O
m
-c n
O
a
N
m
m
w
�
E—
N
Oi
C
s s
m
> o
C
Uu
O+1
O
)
aJN
E
-
U N
CU
p
N
D!
N CN
7 N
O
s
41
"i
C
OJ
m
' m
d V
N"
O
U
a�
u
4'
°
Q
O
O O
O v= .0
_
4-1
v
C
C
OU
v v
t0
Q
L
Y
N M
L-
U
'a
V
M
M N
U
Q. �
C C
N
L
V C\
N
"a
i
O
y
U N L
""
.N
C
4.
to
N
s
s
O u
C
M N
d1
> ++ EO
�- Q
0
N
Y
L1
Q1 >.
L
C Y -Q
Y
4- 4-
w O
y_
_
L
v
'CT
Q
u
Q
ns
O
=
On
a1
N O
u :3N
.`
vNi
Q-
p
'-
m 'O
"O
N
U
p
a)
O
QJ "' °
a�
C -p
N N
a� >
N
�-
4�
`+-
�-.
E
C C
@ 7
(UO
N C C
N s
N ++ O
a
0
O
'6
u
Q Y
4-E
N C
C _N
O O
4.1 +,
N
N
U O -i
T
' —
'-
O
O
L
O
a)
cu —�
ns M
Y6
c
7
O
v
u
a
+�
+=
w C
DJ U y�i o2S
.Q u
E
t
u
o
N D1
.4±
O N
m
u u
}
O
Y
_0
N
C
c1
u s
j•
a-
c41
02`^
O
v
O
E
u
5t
Y
M M++
u
°
OEn
O N
N
Q
_
L O
Oi
CL
0
4-1C
o
41
O
m m
O
4_
T _
m
O
L7
N (6
�
�
Y
E M O
u
.�
�
°'
N
y
U f]
vi
O �
Ll
X
U
`a
'L
V (0 W W W
N
L
7
° ul
'L
Q
E
M N
L
E cu
W
o
— N
'a
"_ N O O O O
N
v
C
Y >.
v
o
m
m
O
O
u
N
CL '—
m
w v
s s
4-
a�
-0
N
>
0 s Q •V
c
G
DI
u
D)
.0 v
> u
Y Y
O
U • • • • •
Q D
F— N L O
Z
F—
F—
F—
N N
F—
F— 4=
f— (n a
E
M
'O
U
C
V1
m
a
Y
�
{n
Z
C
�
O
a)
4
m
-a
z
O
u
a
�
�
N
o
a�
a�
U
U
c
>
UL
�
41
Y
D1
Q..
O
Ln
L
L
Y
N
T
O
L
Q
'O
C
N
L
a1
L
N
m
L
a
O O
U
L
L
a
m
O
N
O
D1
D)
R
O
N
_6
'L
N
Y
Y
Y
2
D)
U
U
u
a
Z
cN
C
f6
-°
U
°-
C6
4-
(6
4-
Y
v
C
D) N
N
ai
O
4
O
L
u
3
C
O
a
L
L c
O
i
M
C
M
Y
Y
Y
4a}-
4a' -
>
O
0
V
U
v�
a
D
C7
F-
W
CC Ln
H
t
0
w
v
c
v
v
s
O
O
s
.N
.3
M
Q
c
v
v
s
v
s
75
O
3
41
s
U!
U
�L
Q
v
s
v
nn
m
41
c
v
U
L
v
a
ou
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment 1
SAVINGS/PRICE REDUCTIONS — PUR7064
The Contractor is required to furnish the percent (%) savings in prices offered compared to
retail, list, published or other usual and customary prices that would be paid by the purchaser
without benefit of a contract.
COMPETITIVE PRICES OFFERED AVERAGE % SAVINGS.
HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and
customary prices published at [url], or other source of benchmark prices)?
AUTHORIZED SIGNATURE:
CONTRACTOR NAME:
STATE PURCHASING ANALYST/SPECIALIST TOOK THE FOLLOWING STEPS TO VERIFY
SAVINGS:
WHAT WERE THE RESULTS?
PURCHASING ANALYST/SPECIALIST:
PUR 7064 (Rev 02/04)
Page 1 of 1
Revised Attachment J - Markup Sheet (Instructions)
ITB No. 16-15100000-W - Bulk Fuel, Gasoline and Diesel
Updated: clarified the gallons for transport and non -transport.
The Region Map tab shows the regions where fuel delivery may be needed; the tab also
includes a list of the counties that are located in each region.
There is a separate bid tab for each region listed on the Region Map tab; the Bidder may
submit bids for one or more regions.
Each bid tab lists the four fuel types included in the ITB; the Bidder may bid on one or
more fuel type. For each fuel type, the Bidder may bid on one or both delivery types (i.e.
Transport Delivery or Non -Transport Delivery, as defined in the ITB).
The Bidder is not required to provide information in all yellow highlighted cells,
except as detailed below.
For each bid, the Bidder must submit a markup price for the initial and renewal term.
Markup may be expressed as a negative number of the Bidder is offering a discount off
the DTN FastRacks Average price.
If the bidder is submitting a bid(s) for Transport Delivery of any fuel type, the "Allowable
Charges - All Delivery Types" and "Allowable Charges - Transport Delivery Only"
sections must be completed for the initial and renewal term.
If the bidder is submitting a bid(s) for Non -Transport Delivery of any fuel type, the
"Allowable Charges - All Delivery Types" section must be completed for the initial and
renewal term.
The "Calculated Markup" column is calculated using the formulas defined in Section 6 of
the ITB; the column will display * * NO BID * * until all of the information required to
submit a bid is provided.
Please note that the "Calculated Markup" column is used for scoring purposes only.
�
r.L $
�
0
7 t
�0
7 @
�O
m �
LL
Jx
o
Co
■
E 2
k LO
�
■
2
J �
6i 2 §
J - \ $ » » f / $
wa=\f t.cl
2//@ƒIkk\
0 'M
=
@
\-2 0010#\ °k ma ® a) a)
«m0:3.0 Esscu £mk/2G§\j\�\/
/333ƒ(�kk��\\\\Co I/�\\y/
w 0 1177 0
Q
Z m- e c= E@ 2 m
■= m o Z 2%» 2» o n m= c �—
w= a ®= E> 5«_ >— ® c o 9 q
§\�/�\�f\ƒadzCL >
z
w>1W \eG\(DC: 0 \\ƒ
wcc _* n c# ®~ G t m= n n®_
� /���$��k\\��/\\®44m
w u m 4
E
�
|
Alm,"
~ �
Revised Attachment J - Markup Sheet (Western Region)
ITB No. 16-15100000-W - Bulk Fuel, Gasoline and Diesel
Please read the Instructions tab to determine which fields are required to submit a bid.
Transport Delivery (6,000 - 7,500 gallons) 1 ) * * NO BID * * j
Non -Transport Delivery (500 - 5,999 gallons) * * NO BID
Group B - Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur
Allowable Charges - All Delivery Types
Delivery Charge (per gallon) _
Delay Charge (per 30 minutes)
Back Haul Charge (per gallon)
Top Off Charge (flat rate, not to exceed)
Emergency Delivery Charge (per gallon, not to exceed)
Allowable Charges - Transport Delivery Only
Freight Charge (flat rate, not to exceed)
Pump Off Charge (per pump off, not to exceed)
Maximum Pump Off Charge (per delivery, not to exceed)
Revised Attachment J - Markup Sheet (Northern Region)
ITB No. 16-15100000-W - Bulk Fuel, Gasoline and Diesel
Please read the Instructions tab to determine which fields are required to submit a bid.
Transport Delivery (6,000 - 7,500 gallons) ( ( * * NO BID * * j
Non -Transport Delivery (500 - 5,999 gallons) * * NO BID
Group B - Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur
TransportDelivery • 1117,500 gallons)_��� • C
Non_ -Transport Delivery (500 - 5,999 gallons) 04 WS -:Q I
Allowable Charges - All Delivery Types
Delivery Charge (per gallon)
Delay Charge (per 30 minutes)
Back Haul Charge (per gallon)
Top Off Charge (flat rate, not to exceed)
Emergency Delivery Charge (per gallon, not to exceed)
Allowable Charges - Transport Delivery Only
Freight Charge (flat rate, not to exceed)
Pump Off Charge (per pump off, not to exceed)
Maximum Pump Off Charge (per delivery, not to exceed)
Revised Attachment J - Markup Sheet (Central Region)
ITB No. 16-15100000-W - Bulk Fuel, Gasoline and Diesel
Please read the Instructions tab to determine which fields are required to submit a bid.
Transport Delivery (6,000 - 7,500 gallons) * * NO BID
Non -Transport Delivery (500 - 5,999 gallons) I I i * * NO BID * *
Group B - Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur
Allowable Charges - All Delivery Types
Delivery Charge (per gallon)
Delay Charge (per 30 minutes)
Back Haul Charge (per gallon)
Top Off Charge (flat rate, not to exceed)
Emergency Delivery Charge (per gallon, not to exceed)
Allowable Charges - Transport Delivery Only
Freight Charge (flat rate, not to exceed) _......._ „_..._. _ —
Pump Off Charge (per pump off, not to exceed)
Maximum Pump Off Charge (per delivery, not to exceed)
Revised Attachment J - Markup Sheet (Southern Region)
ITB No. 16-15100000-W - Bulk Fuel, Gasoline and Diesel
Please read the Instructions tab to determine which fields are required to submit a bid.
Transport Delivery (6,000 - 7,500gallons)
I I * * NO BID * *
Non -Transport Delivery (500 - 5,999 gallons)
* * NO BID *
-•Dye .•- No. 2 Ultra
Low Sulfur
Transport Delivery6,000 - 7,500 gallons)*
* NO BID * "
Non -Transport Delivery (500 - 5,999 gallons)
* * NO BID
Group••
Trans ort Delivery 6,000 - 7,500gallons)*
*NO BID
Non -Transport Delivery (500 - 5,999 gallons)
* *NO BID*
Group D - Gasoline El 0, Unleaded 87 Octane
Trans ort Delivery (6,000 - 8,500gallons)
* * NO BID
Non -Transport Delivery (500 - 5,999 gallons)
*_*NO BID**
Allowable Charges - All Delivery Types
Delivery Charge (per gallon)
Delay Charge (per 30 minutes)
Back Haul Charge (per gallon)
Top Off Charge (flat rate, not to exceed)
Emergency Delivery Charge (per gallon, not to exceed)
Allowable Charges - Transport Delivery Only
Freight Charge (flat rate, not to exceed)
Pump Off Charge (per pump off, not to exceed)
Maximum Pump Off Charge (per delivery, not to exceed)
Invitation to Bid (ITB) No: 16-15100000-W
Bulk Fuel, Gasoline, and Diesel
Attachment K
No Offshoring
The undersigned Bidder':' hereby attests that it will not utilize offshore subcontractors in the
performance of a Contract award from the solicitation and will remain in compliance with the
subcontractor clause in the Contract.
Bidder's Name:
Bidder's Federal Employer Identification Number (FEIN ft
Authorized Signature:
Print Name:
Title:
Date:
Sworn to (or affirmed) and subscribed before me on this day of 2019 by
(Signature of Notary)
Check One:
❑Personally Known
❑Produced the following ID
Page 1 of 1