SUBMIT BID TO:
UNIVERSITY OF FLORIDA
971 ELMORE DRIVE
PO BOX 115250
GAINESVILLE, FL 32611-5250
Phone: (352) 392-1335 - FAX: (352) 392-8837
Web Address: https://procurement.ufl.edu/
INVITATION TO BID
Page 1 of 45 Pages
UNIVERSITY MAILING DATE:
BID WILL BE OPENED ON March 30, 2018, at 2:00 P.M. local time and may not be
withdrawn within 45 days after such date and time.
Questions are due by close of business on March 20, 2018.
Mandatory pre-bid will be held March 14, 2018 at 10:00 AM local time at the site.
BID NO.: ITB18KO-129
BID TITLE: Beaty East – Clean, Point and Seal
VENDOR MAILING ADDRESS
REASON FOR NOT SUBMITTING BID
CITY - STATE - ZIP CODE
AREA CODE TELEPHONE NO.
POSTING OF BID TABULATIONS
Bid tabulations with intended award(s) will be posted electronically for
review by interested parties at www.purchasing.ufl.edu and will remain
posted for a period of 72 hours excluding Saturdays, Sundays, or state
holidays. Failure to file a protest in accordance with Board of Governors
(BOG) Regulation 18.002 or failure to post the bond or other security as
required in the BOG regulations 18.002 and 18.003(3), shall constitute a
waiver of protest proceedings.
I certify that this bid is made without prior understanding, agreement, or
connection with any corporation, firm or person submitting a bid for the same
materials, supplies, or equipment and is in all respects fair and without collusion or
fraud. I agree to abide by all conditions of this bid and certify that I am authorized
to sign this bid for the vendor and that the vendor is in compliance with all the
requirements of the Invitation to Bid, including but not limited to, certification
requirements. In submitting a bid on behalf of the Board of Trustees, hereinafter
known as the University, the vendor offers and agrees that if the bid is accepted
the vendor will convey, sell, assign, or transfer to the University all rights, title and
interest in and to all causes of action it may now or hereafter acquire under the
Anti-trust laws of the United States and the University for price fixing relating to
the particular commodities or services purchased or acquired by the University. At
the University’s discretion, such assignment shall be made and become effective
at the time the purchasing agency tenders final payment to the vendor.
AUTHORIZED SIGNATURE (MANUAL)
NAME AND TITLE (TYPED)
SEALED BIDS: All bid sheets and this form must be executed and submitted in a
payment discounts will not be considered in the bid award. However, every effort will
sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE.) The
be made to take the discount within the time offered.
face of the envelope shall contain, in addition to the above address, the date, and time
(c) MISTAKES: Vendors are expected to examine the specifications, delivery
of the bid opening and the bid number. Bids not submitted on the attached bid form
schedule, bid prices, extensions, and all instructions pertaining to supplies and
shall be rejected. All bids are subject to the conditions specified herein. Those which
services. Failure to do so will be at vendor's risk. In case of a mistake in extensions the
do not comply with these conditions are subject to rejection.
unit price will govern.
(d) INVOICING AND PAYMENT: Payment will be made by the University of Florida
1. EXECUTION OF BID: Bid must contain an original manual signature of
after the items awarded to a vendor have been received, inspected, and found to
authorized representative in the space provided above. Bid must be typed or printed in
comply with award specifications, free of damage or defect and properly invoiced. All
ink. Use of erasable ink is not permitted. All corrections to prices made by vendor must
invoices shall bear the purchase order number. Payment for partial shipments shall not
be made unless specified. An original invoice shall be submitted. Failure to follow
these instructions may result in delay in processing invoices for payment. Payment
2. NO BID: If not submitting a bid, respond by returning only this vendor
shall be made in accordance with Section 215.422 (1) (2) F.S. VENDOR
acknowledgment form, marking it "NO BID", and explain the reason in the space
OMBUDSMAN: The University’s vendor ombudsman, whose duties include acting as
provided above. Failure to respond to a procurement solicitation without giving
an advocate for vendors may be experiencing problems in obtaining payment from the
justifiable reason for such failure, nonconformance to contract conditions, or other
University, may be contacted at 352-392-1241.
pertinent factors deemed reasonable and valid shall be cause for removal of the
(e) ANNUAL APPROPRIATIONS: The University’s performance and obligation to
supplier’s name from the bid mailing list. NOTE: To qualify as a respondent, vendor
pay under any contract awarded is contingent upon an annual appropriation by the
must submit a "NO BID", and it must be received no later than the stated bid opening
date and hour.
(f) CONDITION AND PACKAGING: It is understood and agreed that any item
offered or shipped as a result of this bid shall be a new, current standard production
3. BID OPENING: Shall be public, on the date, location and the time specified on
model available at the time of this bid. All containers shall be suitable for storage or
the bid form. It is the vendor's responsibility to assure that the bid is delivered at the
shipment, and all prices shall include standard commercial packaging.
proper time and place of the bid opening. Bids which for any reason are not so
(g) SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured
delivered will not be considered. A bid may not be altered after opening of the bids.
items and fabricated assemblies shall comply with applicable requirements of
NOTE: Bid tabulations will be posted electronically at www.purchasing.ufl.edu. Bid
Occupational Safety and Health Act and any standards hereunder.
tabulations will not be provided by telephone.
5. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of
4. PRICES, TERMS AND PAYMENT: Firm prices shall be bid and will include all
Chapter 112, F.S. All vendors must disclose with their bid the name of any officer,
packing, handling, shipping charges, and delivery to the destination shown herein.
director, or agent who is also an employee of the University of Florida. Further, all
(a) TAXES: The University does not pay Federal Excise and Sales taxes on direct
vendors must disclose the name of any University employee who owns, directly or
purchases of tangible personal property or services. The Florida Tax Exempt Number
indirectly, an interest of five percent (5%) or more in the vendor's firm or any of its
is 11-06-024056-57C. This exemption does not apply to purchases of tangible personal
property or services made by vendors who use the tangible personal property or
services in the performance of contracts for the improvement of University-owned real
6. AWARDS: As the best interest of the University may require, the right is reserved
property as defined in Chapter 192, F.S.
to make award(s) by individual item, group of items, all or none or a combination
(b) DISCOUNTS: Vendors are encouraged to reflect trade discounts in the unit
thereof; to reject any and all bids or waive any minor irregularity or technicality in bids
prices quoted; however, vendors may offer a discount for prompt payment. Prompt
received. When it is determined there is no competition to the lowest responsible
vendor, evaluation of other bids are not required. Vendors are cautioned to make no
assumptions unless their bid has been evaluated as being responsive.
7. INTERPRETATIONS/DISPUTES: Any questions concerning conditions or
specifications shall be directed in writing to the Purchasing Department. Inquiries must
reference the date of bid opening and bid number. No interpretations shall be
considered binding unless provided in writing by the University in response to requests
in full compliance with this provision.
8 NOTICE OF BID PROTEST BONDING REQUIREMENT; Any person or entity who
files an action protesting a decision or an intended decision pertaining to a competitive
solicitation shall at the time of filing the formal protest, post with the University a bond
payable to the University in an amount equal to: 10% of the estimated value of the
protestor’s bid or proposal; 10% of the estimated expenditure during the contract term;
$10,000.00; or whichever is less. The bond shall be conditioned upon the payment of
all costs which may be adjudged against the person or entity filing the protest action. In
lieu of a bond, the University may accept a cashier’s check, bank official check or
money order in the amount of the bond. FAILURE OF THE PROTESTING PERSON
OR ENTITY TO FILE THE REQUIRED BOND, CASHIER’S CHECK, BANK OFFICIAL
CHECK OR MONEY ORDER AT THE TIME OF THE FILING THE FORMAL
PROTEST SHALL RESULT IN DENIAL OF THE PROTEST.
9. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions
may be imposed which would necessitate alteration of the material, quality,
workmanship or performance of the items offered in this bid prior to their delivery, it
shall be the responsibility of the successful vendor to notify the purchaser at once,
indicating in writing the specific regulation which requires an alteration. The University
reserves the right to accept any such alteration, including any price adjustments
occasioned thereby, or to cancel the contract at no expense to the University.
10. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, county and
local laws, and of all ordinances, rules and regulations shall govern development,
submittal and evaluation of all bids received in response hereto and shall govern any
and all claims and disputes which may arise between person(s) submitting a bid
response hereto and the University, by and through its officers, employees and
authorized representatives, or any other person, natural or otherwise: and lack of
knowledge by any vendor shall not constitute a cognizable defense against the legal
11. LOBBYING: Vendor is prohibited from using funds provided under any contract
or purchase order for the purpose of lobbying the Legislature or any official, officer,
commission, board, authority, council, committee, or department of the executive
branch or the judicial branch of state government.
12. ADVERTISING: In submitting a bid, the vendor agrees not to use the results
therefrom as a part of any commercial advertising. Vendor may not use the names,
logos, or trademarks of the University, its employees, or affiliates without the prior
written consent of the University.
13. ASSIGNMENT: Any contract or purchase order issued pursuant to this Invitation
to Bid and the monies which may become due hereunder are not assignable except
with the prior written approval of the purchaser.
14. LIABILITY: The vendor agrees to indemnify and save the University of Florida,
the State of Florida and the Florida Board of Governors, their officers, agents, and
employees harmless from any and all judgments, orders, awards, costs and expenses,
including attorney's fees, and also all claims on account of damages to property,
including loss of use thereof, or bodily injury (including death) which may be hereafter
sustained by the vendor, its employees, its subcontractors, or the University of Florida,
the State of Florida and the Florida Board of Governors, their officers, agents, or
employees, or third persons, arising out of or in connection with any contract awarded
and which are the result of the vendor's breach of contract or of the negligent acts of
the vendor, its officers, agents, and employees. This clause does not apply to contracts
between government agencies.
15. FACILITIES: The University reserves the right to inspect the vendor's facilities at
any time with prior notice.
16. ADDITIONAL QUANTITIES: For a period not exceeding ninety (90) days from
the date of acceptance of any offer by the University of Florida, the right is reserved to
acquire additional quantities up to but not exceeding those shown on bid or the bid
level at the prices bid in this invitation. If additional quantities are not acceptable, the
bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY".
17. SERVICE AND WARRANTY: Unless otherwise specified, the vendor shall
define any warranty service and replacements that will be provided during and
subsequent to this contract. Vendors must explain on an attached sheet to what extent
warranty and service facilities are provided.
18. SAMPLES: Samples of items, when called for, must be furnished free of
expense, on or before bid opening time and date, and if not destroyed, may upon
request, be returned at the vendor's expense. Each individual sample must be labeled
with vendor's name, manufacturer's brand name and number, bid number and item
reference. Request for return of samples shall be accompanied by instructions which
include shipping authorization and name of carrier and must be received with the bid. If
instructions are not received within this time, the commodities shall be disposed of by
19. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at
destination unless otherwise provided. Title and risk of loss or damage of all items
shall be the responsibility of the contract supplier until accepted by the University,
unless loss or damage results from negligence by the University. The contract supplier
shall be responsible for filing, processing and collecting all damage claims. However,
to assist him in the expeditious handling of damage claims, the University will:
(a) Record any evidence of visible damage on all copies of the delivering carrier's Bill
(b) Report damage (Visible or Concealed) to the carrier and contract supplier
confirming such reports in writing within 15 days of delivery, requesting that the
carrier inspect the damaged merchandise.
(c) Retain the item and its shipping container, including inner packing material until
inspection is performed by the carrier, and disposition given by the contract
(d) Provide the contract supplier with a copy of the carrier’s Bill of Lading and
damage inspection report.
20. PATENTS, COPYRIGHTS, TRADEMARKS, ROYALTIES and other Intellectual
Property: The vendor, without exception, shall indemnify and save harmless the
University and its employees from liability of any nature or kind, including cost and
expenses for or on account of any copyrighted, patented, or unpatented invention,
process, or article manufactured or used in the performance of the contract, including
its use by the University of Florida. If the vendor uses any design, device, or materials
covered by letters, patent or copyright, it is mutually agreed and understood without
exception that the bid prices shall include all royalties or costs arising from the use of
such design, device, or materials in any way involved in the work.
21. CONFLICT BETWEEN DOCUMENTS: If any terms and conditions contained
within the documents that are a part of this ITB or resulting contract are in conflict with
any other terms and conditions contained therein, then the various documents
comprising this ITB or resulting contract, as applicable, shall govern in the following
order of precedence: change order, purchase order, addenda, special conditions,
general conditions, specifications, departmental description of work, and bid.
22. MANUFACTURERS' NAMES AND APPROVED EQUIVALENTS: Any
manufacturer's names, trade names, brand names, information and/or catalog
numbers listed in a specification are for information and not intended to limit
competition. If bids are based on equivalent products, indicate on the bid form the
manufacturer's name and number. Vendor shall submit with the bid, cuts, sketches,
and descriptive literature, and/or complete specifications. Reference to literature
submitted with a previous bid will not satisfy this provision. The vendor shall also
explain in detail the reasons why the proposed equivalent will meet the specifications
and not be considered an exception thereto. The University of Florida reserves the
right to determine acceptance of item(s) as an approved equivalent. Bids which do not
comply with these requirements are subject to rejection. Bids lacking any written
indication of intent to quote an alternate brand will be received and considered in
complete compliance with the specifications as listed on the bid form.
23. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested
and/or inspected for compliance with specifications by any appropriate testing facilities.
Should the items fail, the University may require the vendor to reimburse the University
for costs incurred by the University in connection with the examination or testing. The
data derived from any tests for compliance with specifications are public records and
open to examination thereto in accordance with Chapter 119, F.S. Items delivered not
conforming to specifications may be rejected and returned at vendor's expense. These
items and items not delivered as per delivery data in bid and/or purchase order may
result in vendor being found in default in which event any and all reprocurement costs
may be charged against the defaulting vendor. Any violation of these conditions may
also result in the vendor's name being removed from the University of Florida's vendor
24. PUBLIC RECORDS: Any material submitted in response to this Invitation to Bid
will become a public document pursuant to Section 119.07 F.S. This includes material
which the responding vendor might consider to be confidential or a trade secret. Any
claim of confidentiality is waived upon submission, effective after opening pursuant to
Section 119.07 F.S.
25. DELIVERY: Unless actual date of delivery is specified (or if specified delivery
cannot be met), show number of days required to make delivery after receipt of
purchase order in space provided. Delivery time may become a basis for making an
award (see Special Conditions). Delivery shall be within the normal working hours of
the University of Florida, Monday through Friday, unless otherwise specified.
26. PUBLIC PRINTING - PREFERENCE GIVEN PRINTING WITHIN THE STATE:
The University of Florida shall give preference to vendors located within the state when
awarding contracts to have materials printed, whenever such printing can be done at
no greater expense than, and at a level of quality comparable to, that obtainable from a
vendor located outside of the state.
(a) CONTRACTS NOT TO BE SUBLET: In accordance with Class B Printing Laws
and Regulations "Printing shall be awarded only to printing firms. No contract shall be
awarded to any broker, agent, or independent contractor offering printing manufactured
by other firms or persons."
(b) DISQUALIFICATION OF VENDOR: Reasonable grounds for believing that a
vendor is involved in more than one bid for the same work will be cause for rejection of
all bids in which such vendors are believed to be involved. Any or all bids will be
rejected if there is reason to believe that collusion exists between vendors. Bids in
which the prices obviously are unbalanced will be subject to rejection.
(c) TRADE CUSTOMS: Current trade customs of the printing industry are
recognized unless accepted by Special Conditions or Specifications herein.
(d) COMMUNICATIONS: It is expected that all materials and proofs will be picked
up and delivered by the printer or his representative, unless otherwise specified. Upon
request, materials will be forwarded by registered mail.
(e) RETURN OF MATERIAL: All copy, photos, artwork, and other materials supplied
by the University of Florida must be handled carefully and returned in good condition
upon completion of the job. Such return is a condition of the contract and payment will
not be made until return is affected.
END OF SECTION
ITB18KO-129, Beaty East-Clean, Point and Seal