FSA COOPERATIVE PURCHASING PROGRAMFLORIDA
SHERIFFS ASSOCIATION \
FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Table of Contents
1.0 General Conditions 4
1.01 BID CORRESPONDENCE 4
1.02 PURPOSE 4
1.03 TERM OF CONTRACT 4
1.04 QUANTITIES 4
1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER 4
1.06 FUNDING 5
1.07 CURRENCY 5
1.08 DEFINITIONS 5
1.09 ELIGIBLE PURCHASERS OF CONTRACT 6
1.10 LEGAL REQUIREMENTS 7
1.11 PATENTS & ROYALTIES 7
1.12 FEDERAL AND STATE STANDARDS 7
1.13 UNDERWRITERS' LABORATORIES 7
1.14 AMERICANS WITH DISABILITIES ACT 8
1.15 REASONABLE ACCOMMODATION 8
1.16 MINORITY BUSINESS ENTERPRISE (MBE) 8
1.17 ANTI -DISCRIMINATION 8
1.18 BEST COMMERCIAL PRACTICES 8
1.19 PUBLIC ENTITY CRIMES (PEC) 8
1.20 TAX EXEMPTION 9
1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT 9
1.22 COMMUNICATIONS 9
1.23 CLARIFICATION AND ADDENDA 9
1.24 SIGNED BID CONSIDERED AN OFFER 10
1.25 ASSIGNMENT OF CONTRACT 10
1.26 TERMINATION OF PRODUCT LINE 10
1.27 METHOD OF AWARD 10
1.28 DEMONSTRATION OF COMPETENCY 11
1.29 VENDOR ABILITY TO PERFORM 11
1.30 FINANCIAL RESPONSIBILITY 11
1.31 QUALITY AND SAFETY 12
1.32 NONCONFORMANCE 12
1.33 GRATUITIES 12
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Cooperative Purchasing Program
Contract Terms and Conditions
1.34 TIE BIDS 12
1.35 RIGHT TO AUDIT 12
1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS 13
1.37 ELIMINATION FROM CONSIDERATION 13
1.38 PERFORMANCE BONDS, AND CERTIFICATES OF INSURANCE 14
1.39 COLLUSION 14
1.40 DEFAULT 14
1.41 PROTESTS AND ARBITRATION 14
1.42 NONPERFORMANCE 15
1.43 SEVERABILITY 16
1.44 TERMINATION FOR CAUSE 16
1.45 TERMINATION WITHOUT CAUSE 17
1.46 CONTRACT ADVERTISEMENT AND USE OF FSA LOGO 17
2.0 BIDDER INSTRUCTIONS 18
2.01 BIDDER QUALIFICATIONS 18
2.02 LICENSING & FACILITIES 18
2.03 INSURANCE AND INDEMNIFICATION 19
2.04 ITEM SPECIFICATIONS 20
2.05 FIXED PRICES 21
2.06 DISCOUNTS 21
2.07 SEALED BIDS 21
2.08 EXCEPTIONS 21
2.09 MISTAKES 21
2.10 EQUIVALENTS 21
2.11 PRE-BID MEETING 22
2.12 PRICES QUOTED 22
2.13 OPTION PRICING 22
2.14 EMERGENCY LIGHTS AND SIRENS 23
2.15 BID SUBMISSION 23
2.16 EXECUTION OF BID 24
2.17 MODIFICATION OR WITHDRAWALS OF BIDS 24
2.18 LATE BIDS 24
2.19 PUBLIC BID OPENING 25
2.20 DETERMINATION OF RESPONSIVENESS 25
2.21 RESPONSIBLE BIDDER CRITERIA 25
2.22 BASIS FOR AWARD 25
2.23 BID TABULATIONS 26
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Contract Terms and Conditions
2.24 MINOR IRREGULARITIES / RIGHT TO REJECT 26
2.25 CONE OF SILENCE 26
3.0 CONTRACT CONDITIONS 27
3.01 GENERAL REQUIREMENTS 27
3.02 STATEMENT OF AUTHORITY 27
3.03 VENDOR CONTACT INFORMATION 27
3.04 ADDITIONS AND DELETIONS 27
3.05 CONTRACT EXTENSION 27
3.06 PRICE ADJUSTMENTS 28
3.07 CONDITIONS 29
3.08 PRODUCTION CUTOFF 29
3.09 FACILITIES 29
3.10 FACTORY -INSTALLED OPTIONS 29
3.11 VENDOR -INSTALLED OPTIONS 29
3.12 NON-SCHEDULED OPTIONS 30
3.13 AMBULANCE REMOUNT 30
3.14 FORCE MAJEURE 31
3.15 ORDER 31
3.16 DELIVERY 32
3.17 INSPECTION AND ACCEPTANCE 32
3.18 REGISTRATION, TAG AND TITLE 33
3.19 CAB AND CHASSIS PURCHASES 33
3.20 INVOICING AND PAYMENTS 33
3.21 WARRANTY 33
3.22 PURCHASE ORDERS 33
3.23 QUARTERLY REPORTS 34
3.24 ADMINISTRATIVE FEE 34
3.25 LIQUIDATED DAMAGES 35
Appendix A: Bid Calendar 37
Appendix B: ACH Payments 38
Appendix C: Federal Clauses 39
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Cooperative Purchasing Program
Contract Terms and Conditions
1.0 General Conditions
1.01 BID CORRESPONDENCE
All correspondence regarding this bid should be directed to the Florida Sheriffs Association, "FSA". Please be sure
to reference the bid number and title, and provide your contact information. Communication for this Invitation to
Bid should be identified by contract number and title and directed to:
Florida Sheriffs Association
Attn: Cooperative Purchasing Program Coordinator
2617 Mahan Drive
Tallahassee, FL 32308
E-mail: CPP@fisheriffs.org
1.02 PURPOSE
The purpose of this bid is to establish contracts with manufacturers and manufacturer's authorized dealers for
contract terms specified under Section 1.03 for the purchase of items on a "no trade-in basis." If a purchaser has a
desire to offer vehicles/equipment for trade to the vendor, the purchaser and dealer may do so at their sole
discretion, separate and apart from this contract. The Florida Sheriffs Association invites interested bidders,
including manufacturers and dealers or authorized representatives to submit responses in accordance with these
solicitation documents. The FSA Cooperative Purchasing Program will conduct the solicitation process and
administer the resulting contract.
1.03 TERM OF CONTRACT
This contract shall remain in effect for one two-year (2) term from date of contract execution by the FSA, and may
be extended by mutual agreement, at the sole option and discretion of the FSA. The initial term of contract begins
April 1, 2023 and ends March 31, 2025.
Contract extensions will only be executed when the FSA determines, based on then -existing conditions, that it is in
the best interest of the FSA and the purchasers to do so.
1.04 QUANTITIES
Over the last two years, eligible users purchased an average of 237 items from this contract each year. Items sold
depend on many factors, including the vendor's marketing efforts, established business with local governments
and products awarded. Neither the FSA nor any eligible user is obligated to place any order for a given amount
subsequent to the award of this bid solicitation.
1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER
The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the
authority either individually or collectively to execute contracts for all goods and services for the proper conduct of
that office. Section 30.53, Florida Statutes, exempts the sheriffs' offices from the provisions of the Florida Statute
that would otherwise require sealed and competitive bidding procedures. The Office of the Sheriff is not required
by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders
are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the
participating sheriffs' offices for any payment for any activity or costs incurred by any bidder in responding to this
solicitation.
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Cooperative Purchasing Program
Contract Terms and Conditions
1.06 FUNDING
In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must
be appropriated by the Florida Legislature, the individual participating agency or the agency's appropriating
authority for each fiscal year included within the contract period. For such agencies, their performances and
obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon
such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore,
any contract or purchase order with such an agency shall automatically terminate without penalty or termination
costs in the event of non -appropriation.
1.07 CURRENCY
All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to
be made in United States Dollar.
1.08 DEFINITIONS
The terms used in this contract are defined as the following:
A. Base item specification: Items developed by the FSA for bidders to bid on. These items may be unique to
FSA and require additional components to the standard manufacturer specifications and equipment.
B. Bidder: A bidder or enterprise that submits a formal bid to the FSA Cooperative Purchasing Program in
accordance with the FSA CPP Terms and Conditions. A bidder, that is not the manufacturer, must be
authorized by the manufacturer to market and sell an item for which they are bidding.
C. Bid System: The online application used for the submission of bids and review of bid results for the item
specifications connected to this Invitation to Bid. VendorLink is the software used for this bid.
D. Build Sheet: A document from the bidder or manufacturer that confirms that the bid item specifications
submitted by bidders matches the FSA base item specification. Build sheets include, but are not limited to,
the factory options list and door data plate info for the vehicles. They provide details such as engine size
and transmission, paint codes, production date, axle code, etc.
E. Dealer: An enterprise authorized by the manufacturer to market, sell, provide, and service the items for
the FSA Cooperative Purchasing Program. Dealers may be vendor -owned and controlled, in whole or in
part, or independently owned and controlled.
F. End User: A term used to distinguish the person who ultimately uses or is intended to use a product or for
whom a product is designed for use.
G. Factory: Refers to the manufacturer produced products.
H. Florida Sheriffs Association Cooperative Purchasing Program (FSA): The entity that administers the
Invitation to Bid and contract administration functions for this contract.
I. Fleet Advisory Committee (committee): An employee of a sheriffs office or other local governmental
agency, or person who FSA identifies as subject matter expert who assists with the development of item
specifications and evaluation of bid responses. The committee makes recommendations to the FSA and is
not responsible for final awards.
J. Invitation to Bid: A competitive solicitation and award process established through the issuance of an
invitation to bidders, vendors, dealers, and manufacturers to submit a price offer on a specific product to
be provided. This term shall include the item specifications available to bidders on the bid system and
references to solicitation documents. The term shall not include request for proposals, request for quotes,
request for letters of interest, or the solicitation of purchase orders based on oral or written quotations.
K. Item Specification Group: The item specification bid document contains the minimum base item
specification requirements for each item or group of items within the competitive bid.
L. Manufacturer: The original producer or provider of items offered on this contract.
M. Manufacturer's Suggested Retail Price (MSRP): Manufacturer's Suggested Retail Price (MSRP) represents
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Cooperative Purchasing Program
Contract Terms and Conditions
the manufacturer's recommended retail selling price, list price, published list price, or other usual and
customary price that would be paid by the purchaser. The following are acceptable sources of current
MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract:
a. Manufacturer's computer printouts
b. Manufacturer's official website
N. Non -Scheduled Options: Any optional new or unused component, feature or configuration that is not
included or listed in the base item specifications or options.
O. Production Cutoff: A date used by manufacturers to notify vendors and dealers that the factory has
reached maximum capacity for orders or are discontinuing the production of an item.
P. Published List Price: A standard "quantity of one" price currently available to government and educational
purchasers, excluding cooperative, volume discounts or other discounts.
Q. Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has been
awarded on this Contract. Purchaser orders placed using this contract formalize the terms and conditions
of this contract under which a vendor furnishes items, vehicles or equipment to a purchaser.
R. Purchaser: A purchaser is an entity that seeks to obtain items awarded on this contract by meeting the
eligible user criteria or with vendor approval.
S. Qualification Packet: This document contains the required forms, attestations, authorizations, and
organizational information needed by bidders to submit a successful and complete bid.
T. Terms & Conditions: This document serves as the governing contract for the identified FSA contract and
bid. Standard regulations, processes, procedures, and compliance requirements are identified herein.
Bidders complete a qualification packet during the bid process indicating they agree to comply with the
Terms & Conditions, and that this will serve as a contract for both parties.
U. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services which
contribute to the overall finished item in this contract. Third Party Suppliers are contractors under the
direction and responsibility of the bidder or vendor. Third party suppliers may also be referred to as
upfitters or remount service providers within this document.
V. Vendor: The bidder that has been awarded items who agrees to provide the items meeting the base item
specifications and are in compliance with the terms of the contract. The vendor must agree to the
contract terms and conditions, which will serve as the governing contract for items sold. If the vendor is
not the manufacturer, the vendor must be certified by the manufacturer to market, sell, provide, and
service for an awarded item.
W. Vendor Installed: A product or service provided by the vendor or other third party; not the factory.
1.09 ELIGIBLE PURCHASERS OF CONTRACT
Awarded bids, or contract prices, will be extended and guaranteed to the Florida Sheriffs Association, any unit of
local government, political subdivision or agency of the State of Florida. This includes, but is not limited to
counties, municipalities, sheriffs' offices, clerks, property appraisers, tax collectors, supervisors of elections, school
boards or districts, water management districts, other special districts, police and fire departments, emergency
response units, state universities and colleges, or other state, local or regional government entities within the
State of Florida. Eligible purchaser also includes all Eligible Users as defined in F.A.C. 60A-1.001(2).
All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this
contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency.
In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in
this contract, which can include out-of-state sales. Vendors that wish to extend contract pricing to entities other
than those defined here are governed by their manufacturer's agreement and must agree to the terms and
conditions of this contract.
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Contract Terms and Conditions
1.10 LEGAL REQUIREMENTS
Federal, State, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein
apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from
responsibility.
Bidders have the option to certify that they are willing to accept purchase orders funded in whole or in part with
federal funds. By opting in, bidders certify that they are willing to comply with the requirements outlined in
Appendix C upon receipt of a federally funded purchase order. This is not a requirement of the bid or contract.
Bidders are not required to opt -in; however, they are required to indicate whether they will opt -in or opt -out of
receiving federally funded purchase orders. FSA has taken actions to provide and develop information, materials,
and resources for bidders, vendors and purchasers that will assist in the use of federal funding with this contract. It
is the responsibility of the purchaser to determine compliance for each vendor, if they wish to use federal funds for
purchase, or intend to request reimbursements using federal funds.
1.11 PATENTS & ROYALTIES
The bidder, without exception shall indemnify and hold harmless the FSA and its employees from liability of any
nature or kind, including costs 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 FSA
or a purchaser.
If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood
and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such
design, device, or materials in any way involved in the work.
1.12 FEDERAL AND STATE STANDARDS
It is the intent of FSA that all item specifications herein are in full and complete compliance with all federal and
State of Florida laws, requirements, and regulations applicable to the type and class of commodities and
contractual services being provided. This includes, but is not limited to, Federal Motor Vehicle Safety Standards
(FMVSS), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA)
Standards, Society of Automotive Engineers (SAE), Fire Apparatus Vehicle Standards, and Federal Ambulance
Standards (KKK -A -1822F), which includes all subsequent change notices. All fire apparatus manufacturers must
meet the National Fire Protection Association (NFPA) 1901 and 1906 standards.
In addition, any applicable federal or State legal or regulatory requirements laws that become effective during the
term of the Contract, regarding the commodities and contractual services' specifications, safety, and
environmental requirements shall immediately become part of the Contract. The vendor shall meet or exceed any
such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the FSA
immediately.
The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract.
1.13 UNDERWRITERS' LABORATORIES
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters'
Laboratories, or U.L., listed or re-examination listing where such has been established by U.L. for the item(s)
offered and furnished.
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1.14 AMERICANS WITH DISABILITIES ACT
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please
contact FSA Human Resources at (850) 877-2165 five business days in advance to initiate your request. TTY users
may also call the Florida Relay Service at 711.
1.15 REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at
the bid opening because of a disability must contact the FSA Human Resources at (850) 877-2165.
1.16 MINORITY BUSINESS ENTERPRISE (MBE)
As part of the solicitation process FSA makes information available to potentially qualified entities publicly
available, and conducts additional outreach to qualified:
• Small businesses,
• Minority-owned small businesses,
• Women -owned small business enterprises, and
• Disadvantaged business enterprises.
FSA takes necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor
surplus area firms are used when possible, as recommended by 2 C.F.R. § 200.321.
FSA will:
• Evaluate whether small, minority, and women's businesses are potential sources,
• Place those qualified small and minority businesses and women's business enterprises on solicitation lists,
and
• Search the Small Business Administration, Minority Business Development Agency, and Labor Surplus
Area reports for additional potential sources.
Bidders self -identify in the qualification packet whether they meet the state and federal definitions of a
disadvantaged business.
1.17 ANTI -DISCRIMINATION
The bidder certifies that they are in compliance as applicable by federal or state law with the non-discrimination
clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
1.18 BEST COMMERCIAL PRACTICES
The apparent silence or omission of any description from the item specifications shall be regarded as meaning that
only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All
interpretations of this item specification shall be upon the basis of this statement.
1.19 PUBLIC ENTITY CRIMES (PEC)
In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has
been placed on the convicted vendor list maintained by the State of Florida Department of Management Services
following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services
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to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a vendor, supplier, sub -vendor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.20 TAX EXEMPTION
Purchasers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State
Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser's
Federal Excise and State Taxes and Use Certificate Number.
The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes.
State Sales Tax and Use Certificate Number is 85-8012646919C-3.
1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT
In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest):
• Addenda to Contract Terms and Conditions, if issued
• Contract Conditions
• Addenda to Item Group Specifications, if issued
• Item Specifications
• Bidder Instructions
• General Conditions
1.22 COMMUNICATIONS
Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of process or
procedure and shall be made in writing to the CPP Staff.
Bidders should not rely on representations, statements, or explanations other than those made in this bid or in any
written addendum to this bid, and no oral representations, statements, or explanations shall be deemed to bind
the FSA or eligible users.
1.23 CLARIFICATION AND ADDENDA
Any questions or clarifications concerning the Invitation to Bid shall be submitted by e-mail to CPP(c>}flsheriffs.org.
The bid title and number should be referenced on all correspondence. Final questions must be received by the
date for Request for Clarification stated on the Bid Calendar. Questions and answers will be posted to the FSA
Cooperative Purchasing Program website on the date indicated on the Bid Calendar.
Interpretation of item specifications or solicitation documents will not be made verbally. If any verbal clarifications
are provided, they are without legal effect.
Questions received after the cone of silence date listed on the bid calendar will not be addressed. The FSA
reserves the right address technical questions.
The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required.
Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event
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of conflict with the original item specifications, addenda shall govern to the extent specified. Subsequent Addenda
shall govern over prior Addenda only to the extent specified.
FSA will make every attempt to e-mail updates to registered bidders. However, posting on the FSA website
constitutes proper notice of addenda. The FSA will not be responsible for any explanation or interpretation made
verbally or in writing except those made through the posting of a Formal Addendum.
The bid submission constitutes acknowledgement of the addenda to the item specifications. Bids that fail to
account for the addenda shall reflect in bids being declared nonresponsive; however, that pursuant to Section
2.26, the FSA may waive this requirement in its best interest.
After the start of the contract term, FSA will notify all awarded vendors of any addenda and will require
acknowledgement of the new terms and conditions. If the awarded vendor does not agree to the new terms and
conditions, the vendor's award can be removed or replaced by another vendor or qualified, responsive bidder.
1.24 SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon
approval by the FSA. The bid submission must be signed by an authorized representative. Submission of a bid in
the FSA bid system constitutes a signed bid for purposes of bid evaluation. An electronic signature may be used
and shall have the same force and effect as a written signature.
1.25 ASSIGNMENT OF CONTRACT
No right or interest in this contract may be assigned, transferred, conveyed, sublet or otherwise disposed of,
without prior written consent of the FSA.
If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this contract, a
successor -in -interest must perform all obligations under this contract. FSA reserves the right to reject the acquiring
entity as vendor. A change of name agreement will not change the contractual obligations of the vendor.
In the event a manufacturer reassigns the product line to an alternate company, the vendor is required to
immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the
alternate company is not already an approved FSA vendor, they are required to submit a Qualifications Packet to
the FSA to become an approved vendor prior to conducting any qualified sales. FSA may approve such assignments
of existing or new vendors at its discretion. The vendor is required to honor the contract pricing and all of the
applicable terms and conditions throughout the remaining term of the contract.
1.26 TERMINATION OF PRODUCT LINE
If a vendor terminates a product line (manufacturer or brand), the vendor is required to notify the FSA within 10
business days of the decision not to retain the product line. FSA may remove the terminated products from the
contract.
1.27 METHOD OF AWARD
The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the
requirements of this solicitation. The FSA reserves the right to make multiple awards for each item, if deemed in
the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date
posted in the bid calendar.
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1.28 DEMONSTRATION OF COMPETENCY
Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have
sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if
awarded a contract under the terms and conditions herein stated.
The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well-
established company in line with the best business practices in the industry and as determined by the FSA.
The FSA may consider any evidence available and may require submission of supporting documentation regarding
the financial, technical and other qualifications and abilities of a bidder, including past performance with the FSA in
making the award.
The FSA may require bidders to show proof that they have been designated as authorized representatives of a
manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require
information from the source of supply regarding the quality, packaging and characteristics of the products. Any
conflicts between this material information provided by the source of supply and the information contained in the
bid submission may render the bid nonresponsive.
Pre -award inspection of the bidder's facility may be made prior to the award of contract. Bids will only be
considered from firms which are regularly engaged in the business of providing the goods or services as described
in this bid.
Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from this
solicitation or developed by the manufacturer, must be the original work of the individual or company that submits
the bid for evaluation.
1.29 VENDOR ABILITY TO PERFORM
During the contract period, FSA may review the vendor's record of performance and may require submission of
supporting documentation to ensure that the vendor is providing sufficient financial support, equipment and
organization.
If the FSA determines that the vendor no longer possesses the financial support, equipment and organization in
order to comply with this section, FSA has the authority to immediately terminate the contract awarded.
By responding to this procurement, the vendor warrants that, to the best of his or her knowledge, there is no
pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in
any way prohibit, restrain, or diminish the vendor's ability to satisfy the obligations of the contract. The vendor
warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section
287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. The
vendor shall immediately notify the FSA and purchaser in writing if its ability to perform is compromised in any
manner during the term of the contract.
1.30 FINANCIAL RESPONSIBILITY
Bidder affirms by the submission of the bid and by signature on the contract signature form that the bidder:
• Has fully read and understands the scope, nature, and quality of work to be performed or the services to
be rendered under this bid and has adequate facilities and personnel to fulfill such requirements.
• Accepts the financial responsibility associated with this bid and declares that they have the access to
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capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award.
• Has assessed the financial responsibility required to serve the contract as bid, including such details as the
obligations to perform all items bid and quantities that could be ordered, as well as timing of payment
from purchasers, which can be 45 calendar days from receipt of invoice.
1.31 QUALITY AND SAFETY
All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid
shall be new. The items bid must be new, the latest model, of the best quality, and highest -grade workmanship
that meet or exceed federal safety standards.
Items requiring certification should require certification of options in cases where non -certified options could
result in the decertification of the original product or warranty. In all cases where options are not certified, the
vendor must disclose to the end user that the non -certified options are not required to be certified. All options
must meet or exceed federal safety standards.
1.32 NONCONFORMANCE
Items may be tested for compliance with item specifications. Items delivered that do not conform to specifications
may be rejected and returned at the vendor's expense. Items not meeting the specifications and items not
delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA
contract.
Any violation of these stipulations may also result in:
• Vendor's name being removed from the awarded vendor list.
• FSA and purchasers being advised not to do business with vendor.
1.33 GRATUITIES
Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of
the FSA, for the purpose of influencing consideration of this bid. Bidders shall disclose in writing any conflicts of
interest to FSA prior to any award, or as soon as practical after learning of any such conflict, including any
contractual or employment relationships with FSA or potential purchasers of bidders' products or services.
1.34 TIE BIDS
FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the
FSA desires to break tie bids, and both businesses have qualifying drug-free work programs, the award will be
made using the following criteria:
• Bidder within the State of Florida
• Vendors performance record with purchasers
• Coin Toss
1.35 RIGHT TO AUDIT
Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify vendor's
sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records
pertaining to this contract, including all government sales and eligible users information whether kept by or under
the control of the vendor, including, but not limited to those kept by its employees, agents, assigns, successors,
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Contract Terms and Conditions
sub -vendors, or third -party suppliers in whatever form they may be kept — written or electronic. Such records shall
include, but not be limited to:
• Accounting records, including but not limited to purchase orders, confirmation of orders or
invoices, paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements;
• Written policies and procedures;
• Subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.);
• Original estimates, quotes, or work sheets;
• Contract amendments and change order files;
• Insurance documents; or
• Memoranda or correspondence.
Vendor shall maintain such records during the term of this contract and for a period of three (3) years after the
completion of this contract. At the vendor's expense and upon written notice from FSA, the vendor shall provide
such records for inspection and audit by FSA or its authorized representatives. Such records shall be made
available to FSA during normal business hours within three business days of receipt of the written notice. FSA may
select the vendor's place of business or offsite location for the audit. The FSA may also request the vendor provide
requested records via e-mail.
Vendor shall ensure FSA has these rights with vendor's employees, agents, assigns, successors, and third -party
supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed
between the vendor and any sub -vendors to the extent that those subcontracts or agreements relate to fulfillment
of the vendor's obligations to FSA.
Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed
elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting, overpricing or
overcharges (of any nature) by the vendor to FSA or a purchaser in excess of three percent (3%) of the total
contract billings, the vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit
discovers substantive findings related to fraud, misrepresentation, or non-performance, FSA may recoup all the
costs of the audit work from the vendor.
Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor's
invoices or records shall be made within a reasonable amount of time (not to exceed 60 calendar days) from
presentation of FSA's findings to vendor.
FSA has the right to assess damages or seek reimbursements or refunds based on audit results.
1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS
The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract.
Where vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform work or
services as a result of a bid award, the vendor will assume the full duty, obligation and expense of obtaining all
necessary licenses, permits and insurance. The vendor shall be liable for any damages or loss to the FSA or
purchaser occasioned by negligence of the vendor or any person the vendor has designated in the completion of
the contract as a result of the bid.
1.37 ELIMINATION FROM CONSIDERATION
This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether
in relation to current or previous bid awards or for other business purposes.
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1.38 PERFORMANCE BONDS, AND CERTIFICATES OF INSURANCE
After acceptance of bid, the FSA will notify the successful bidder to submit the applicable certificates of insurance
in the amounts specified in the Insurance Checklist.
Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with pre-
payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in
comparing performance bond expense against any prior discounts that may be available.
1.39 COLLUSION
Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts to
disrupt the contract process equilibrium. Collusion involves people or companies that would typically compete, but
are conspiring or working together in which the outcome results in an unfair bid advantage. The parties may
collectively choose to agree to increase or decrease the item base price to maximize awards thus denying
purchasers a fair price.
Bidders or vendors who are found to have engaged in collusion will be considered nonresponsive, and will be
suspended or barred from bid participation. Any contract award resulting from collusive bidding may be
terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law
enforcement and/or prosecutorial agencies.
Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same
manufacturer and product line. Dealers which share the same ownership may submit multiple bids without conflict
of collusion if the bidders are not in the same region featuring the same manufacturer and product line.
t40 DEFAULT
In case of default on the part of vendor, the FSA may take necessary steps to otherwise procure the products
sought, including but not limited to procuring the products or services from the next highest ranked bidder or from
other sources. A defaulting vendor may be held liable for costs incurred by the FSA in procuring replacement
products.
1.41 PROTESTS AND ARBITRATION
Any person who is adversely affected by the decision or intended decision to award shall file a "Notice of Protest"
in writing to the FSA within three (3) business days after the posting of the Intent to Award and shall file a formal
written protest within five (5) business days after filing the Notice of Protest. Failure to file both a notice of protest
and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings.
The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The
formal written protest must state with particularity the facts and law upon which the protest is based. Options are
for informational purposes only and will not serve as a basis for protest. Failure to do so will result in a denial of
protest. Formal written protest which states with particularity the facts and law upon which the protest is based
will be reviewed by FSA legal counsel for legal soundness and validity, and corrective action will be taken as
needed contingent upon the validity of such claims. However, any additional time required and cost incurred by
the FSA to substantiate a protesting party's claim(s) beyond the normal scope of its legal review due to the vague
or inconclusive nature of the protesting party's filing will be reimbursable to the FSA and deducted from the
protesting party's bond or security which must accompany their filing.
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Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a
bond, cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to ten
percent of the item being protested. The bond, cashier's check or money order must be filed at the time of filing
the formal written protest or within the five (5) business day period allowed for filing the formal written protest.
FSA will provide the amount required within two (2) business days of the notice of protest received. This bond or
security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a
court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the
protesting party's claim(s). Failure to post the bond or security requirement within the time allowed for filing will
result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the
Florida Sheriffs Association.
Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within
three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for
arbitration with the American Arbitration Association's (AAA) commercial panel under its rules and regulations
must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration
with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration
request, a bond, cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to
ten percent of the product line being protested. This amount will be the same amount as the FSA provided at the
time of filing the initial protest. Failure to provide written notice to FSA, file a demand for arbitration with the AAA,
or failure to post the required bond and security requirement within the specified timelines shall constitute a
waiver of arbitration proceedings. By responding to this procurement, the bidder expressly agrees to the use of
mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in
any way relating to the procurement process, and expressly waives any and all rights that it may otherwise have to
pursue such claims in any other forum, judicial or otherwise.
If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the
prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the parties shall
share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney
fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs
Association.
1.42 NONPERFORMANCE
By virtue of the bid submission, bidder acknowledges its obligation to sell items for which it is awarded. Failure of
the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000
per item, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination
thereof from current and future bids at the FSA's discretion.
The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor's
responsibility, the FSA shall consider all information or evidence that demonstrates the vendor's ability or
willingness to fully satisfy the requirements of the solicitation and the contract.
Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages,
suspended or terminated from the contract. The FSA at its sole discretion may remove a noncompliant vendor
from future competitive bid solicitations; or take other actions including suspension from the contract until
compliance issues are resolved, limit current or future vendor participation by items, or other actions as
determined by FSA at its sole discretion.
At FSA's discretion, vendors may be required to develop corrective action plans to address contract compliance.
Failure to abide by corrective action plans will result in termination from the existing contract and future
competitive bid solicitations at the discretion of the FSA.
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In situations where there is evidence that the vendor has engaged in egregious breaches of the contract with
respect to either the FSA and/or the purchaser, the contract can be terminated and the vendor will be removed
from future solicitations for a period of up to three (3) years, or a permanent ban from the bid process at the sole
discretion of FSA.
Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders
during the contract period while manufacturer orders are still being accepted for current model year or the new
year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or vendor
installed items and packages, requiring the purchase of additional options over and above the base vehicle as a
condition of acceptance of order, providing aftermarket options where factory options are available without the
consent of the purchaser, any misrepresentation of optional equipment or service as being factory that fails to
meet the definition as described in this document, and any other practice deemed to be inconsistent with the
intent of the contract.
Any vendor presented with a valid purchase order consistent with vendor bid quotes or other agreed upon terms
and pricing is required by this contract to accept such purchase order and deliver the product. Orders must be
fulfilled if the item is a base model or whether it includes options. The vendor must deliver this product if they
were awarded the contract — regardless of profit or loss.
Failure to deliver the item may result in the purchaser seeking damages for the difference of cost to issue the exact
same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a
completed order. Additionally, FSA may seek damages for nonpayment of administrative fees, to which FSA is
entitled, according to Section 3.28 and any attorney's fees incurred in the recovery of these damages.
1.43 SEVERABILITY
In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof
shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in
accordance with its terms.
1.44 TERMINATION FOR CAUSE
If through any cause within the reasonable control of the vendor, it shall fail to fulfill in a timely manner, or
otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining
to be performed. Written notice of the deficiencies shall be given to the vendor and unless the deficiencies are
corrected within 10 business days, the contract may be terminated for cause immediately. The right to exercise the
option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall
not be deemed to constitute a waiver of this right.
In that event, the FSA shall compensate the successful bidder in accordance with the contract for all services
performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the
default.
Notwithstanding the above, the vendor shall not be relieved of liability to the FSA for damages sustained by the
FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold payments to the
vendor for the purposes of offset until such time as the exact amount of damages due the FSA from the vendor is
determined.
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1.45 TERMINATION WITHOUT CAUSE
The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of such
termination, which shall become effective 30 calendar days following receipt by vendor of such notice.
In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA.
The vendor shall not furnish any product after it receives the notice of termination, except as necessary to
complete the continued portion of the contract, if any. The vendor shall not be entitled to recover any lost profits
that the vendor expected to earn on the balance of the contract or cancellation charges.
Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered
prior to the date of notice to terminate the contract.
1.46 CONTRACT ADVERTISEMENT AND USE OF FSA LOGO
The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The logo may
be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from
the FSA. Modifications are not permitted.
Methods of use include, but are not limited to:
• Electronic mediums such as websites, digital marketing campaigns, social media and e-mail; or
• Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and
postcards.
Vendors may request the logo by contacting cpp@flsheriffs.org, and should include a brief description of how the
vendor intends to use the logo. The official FSA sheriffs star and wreath logo may not be used without prior
written permission.
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2.0 BIDDER INSTRUCTIONS
2.01 BIDDER QUALIFICATIONS
Bidders are required to complete the qualification packet as part of the bid submission. A bidder becomes a
qualified bidder if they comply with this section and Section 2.11, Mandatory Pre -Bid Meeting.
Qualification Packet information required for bid qualification include:
• Qualification form
o Contact Information
o Business Profile
o References (if applicable)
o Disqualifications & Defaults
o Warranty Service Plan Attestation
o Emergency Vehicle Technician Attestation
• State compliance attestations
o E -Verify
o Workers Compensation
o Drug -Free Workplace
o Motor Vehicles Dealer license
• Federal compliance attestations
o Certification Regarding Debarment and Suspension
o Certification Regarding Lobbying
• Contract Signature Form
• Insurance Checklist
o Certificate of Insurance for awarded vendor
The qualification packet is located on the bid system.
2.02 LICENSING & FACILITIES
Bidders are required to possess a Florida Motor Vehicle Dealer's License in order to bid on any motor vehicle.
Bidders must maintain a repair facility within the State of Florida to provide warranty service for the items bid. If
bidders do not have a facility, the bidder must be able to assist purchasers in obtaining warranty work as
authorized by the manufacturer.
If a bidder does not maintain a facility within the State of Florida, the bidder must have a plan as to how the bidder
would service Florida purchasers if awarded the contract. This warranty service plan must demonstrate that the
warranty work will be timely and satisfactorily performed and should include:
• Whether the warranty service provider is approved by the manufacturer;
• If the bidder plans to contract out for service, a copy of the service agreement; and
• Service plans to include:
o Response time to initial call from purchaser,
o Number of personnel available to service the contract,
o Qualifications of personnel providing warranty work, and
o Any additional information that would detail how warranty service would be provided.
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The sufficiency of the Warranty Service Plan may be evaluated by the FSA. The FSA reserves the right to request
additional information from a bidder regarding the facility during the solicitation and the term of the contract, if
awarded. The FSA may also exercise discretion in examining such facility as deemed necessary.
2.03 INSURANCE AND INDEMNIFICATION
Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully
indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers,
agents, and employees from suits, actions, damages, and costs of every name and description, including legal
counsels' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged
to be caused in whole or in part by bidder, its agents, employees, partners, or third party suppliers; provided,
however, that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the
negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by
intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies.
Vendor's obligations under the above paragraph with respect to legal action are contingent upon the Florida
Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened
action, and (2) the opportunity to take over and settle or defend any such action at bidder's sole expense. Vendor
shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating
agencies, in any legal action without bidder's prior written consent, which consent shall not be unreasonably
withheld, conditioned, or delayed.
The Insurance Checklist summarizes the bidder's insurance coverage obligations, if awarded. Certificates of
Insurance, evidencing such coverages and endorsements as required herein, shall be provided no later than five
business days prior to the contract award date. The vendor may not begin performance under the contract until
such Certificates have been approved by the FSA.
The certificate must state Bid Number and Title. FSA must be named as an additional insured for the duration of
the contract.
The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the
amount and coverage levels specified on the Insurance Checklist.
The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or
persons used or employed on or in connection with the work and of all damage or injury to any person or property
wherever located, resulting from any action or operation under the contract or in connection with the work. It is
understood and agreed that at all times the vendor is acting as an independent contractor. The vendor shall be
responsible for the work and every part thereof, and for all materials, tools, appliances and property of every
description, used in connection with this particular contract. The vendor at all times during the full duration of
work under this contract, including extra work in connection with this contract, shall meet the requirements of this
section.
The vendor shall maintain automobile liability insurance including property damage covering all owned, non -
owned, hired and scheduled automobiles, when used in connection with the delivery or service of this contract.
The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist
when the garage is used to complete work on this contract.
All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida
and these companies must have a rating of B+ or better per the AM Best Rating.
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FSA required insurance coverages must be maintained through the duration of the contract. Upon expiration of
the required insurance, the vendor must email updated certificates of insurance for as long a period as any work is
still in progress. No change or cancellation in insurance shall be made without 30 calendar days written notice to
the FSA.
It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any
insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this
contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first
dollar of exposure.
The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless
agreement:
The vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and
employees from all claims for bodily injuries to the public and for all damages to the property per the
insurance requirement under the specifications including costs of investigation, all expenses of litigation,
including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits
because of any and all acts of omission or commission of any by the vendor, his agents, servants, or
employees, or through the mere existence of the project under contract.
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising
out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of
competent jurisdiction.
The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement
contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and
carrier.
The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of
protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual
operation.
The vendor will secure and maintain policies of third -party suppliers. All policies shall be made available to the FSA
upon demand. Compliance by the vendor and all third -party suppliers with the foregoing requirements as to
carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third -party
suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully
responsible to the FSA for the acts and omissions of the third -party suppliers and of persons employed by them as
they are for acts and omissions of persons directly employed by the vendor.
The FSA can request and the vendor shall furnish proof of insurance within seven calendar days of receipt of the
written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the
contract term, the FSA shall have the right to consider the contract breached and justifying the termination
thereof. If bidder does not meet the insurance requirements; the FSA may consider alternate insurance coverage.
2.04 ITEM SPECIFICATIONS
All items covered by this contract shall be the manufacturer's current basic production model, and shall, as a
minimum, be equipped with all standard factory equipment in accordance with the manufacturer's latest literature
unless otherwise noted in the bid system or FSA base item specification. If awarded, bidders must supply an item
that either meets or exceeds all the requirements included in the applicable specifications.
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The base item specifications are contained in the FSA bid system, may be requested from FSA and are retained
within FSA's archive. As part of the bid submission, all bidders will be required to provide information confirmation
that the item bid meets the base item specification or may have their bid rejected. Failure of a bidder to comply
with these provisions will result in bidders being held responsible for all costs required to bring the item into
compliance with the contract specifications.
FSA develops the item specifications with subject matter experts and publicly available information. However, FSA
does not have access to full details from the manufacturer and relies on bidders to assist in this process. Bidders
should immediately notify the FSA of any inaccuracies in the item specifications. All notifications of inaccuracies
must be in writing.
2.05 FIXED PRICES
If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder at the time of bid
submission shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract
extension or price adjustment as provided herein.
2.06 DISCOUNTS
Discounts must be offered on this contract and shall be below Manufacturer's Standard Retail Pricing (MSRP) or
manufacturers published list price for each item and option listed. The bidder has the authority to offer additional
discounts based on quantity, as well as additional manufacturer or bidder discounts.
2.07 SEALED BIDS
For purposes of this solicitation, a sealed bid is considered a bid submitted using the FSA Bid System.
2.08 EXCEPTIONS
Any requested exceptions, deviations, or contingencies a bidder may have to the terms and conditions must be
documented in bidder's submission. Exceptions to the item specifications at the time of the bid submission shall
reference the item number, make and model. FSA has the discretion to grant or deny, in whole or in part, the
bidders requested exception, deviation or contingency to the specifications or terms and conditions. Bidder
acknowledges that if FSA rejects the proposed exceptions, the bid may be disqualified.
2.09 MISTAKES
Bidders are expected to examine the item specifications, delivery schedules, bid prices and all information
pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk.
2.10 EQUIVALENTS
Bidders must first request approval from the FSA before submitting a bid that includes an equivalent that will
supplement an item on the base item specification. The FSA will determine whether the proposed equivalent is
equal to or exceeds the quality, design and construction than the intended replacement item in the base item
specification.
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Bidders must provide the manufacturer name and model number (or product identifier) of each equivalent when
seeking approval. Complete, descriptive, technical literature should demonstrate that the equivalent conforms
with specific replacement item.
If the equivalent is approved, the bidder must include the supporting material in the bid submission. Bids will not
be considered without this information. If a bid uses equivalents without prior approval, the bid will be deemed
nonresponsive.
Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically identified in
the bid, cannot publish or offer the unapproved equivalents. Offerings of this nature will cause the bid to be
rejected. If such offerings are identified after the award has been granted, the offerings, item specification or
entire award can be removed by the FSA.
When selling equivalents, vendors must disclose to the purchaser that an approved equivalent is being offered.
2.11 PRE-BID MEETING
Prospective bidders are required to attend or participate in the Pre -Bid Meeting. The Pre -Bid Meeting is designed
for vendors, the Fleet Advisory Committee and the FSA to clarify questions on the terms and conditions and to
confirm all item specifications. Questions relating to the items, specifications, the bid process, or award can be
asked at the Pre -Bid Meeting. Bidders have the opportunity to suggest technical modifications or corrections
before the item specifications are finalized.
FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested
authorization, signs a memo to agree to meet all the terms and conditions without exception and further waives
their right to protest the bid process in its entirety or any portion thereof.
2.12 PRICES QUOTED
Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a
period of sixty (60) calendar days from the date of bid opening. Each item, make, and model must be priced and
bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive
for payment for the items bid for the duration of the contract, unless otherwise provided in the contract. These
prices must be inclusive of all components included in the item specification. Once awarded, the vendor has the
authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in
determination of award of the bid.
Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as
outlined within these terms & conditions. The administrative fee is three quarters of one percent (.0075).
Prices must be Free On Board (FOB) destination and include shipping and delivery to the purchaser.
2.13 OPTION PRICING
The bidder shall offer a discount below Manufacturer's Standard Retail Pricing (MSRP) or manufacturer's published
list price for any options offered, if awarded. The FSA has the discretion to disqualify bidders if the option pricing is
excessive or if options listed are not available for the item bid.
Options are intended to add or delete equipment or features from the item specification. Options can provide an
upgrade or downgrade to a manufacturer's model, such as a slightly different engine size or horsepower, and
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should not be made available for purchase separate from the base item. Bidders shall NOT use options to create an
item that is available as another item bid on this ITB. The use of options to facilitate the sale of an alternate
manufacturer's product which is outside the scope of the item specification will be determined nonresponsive and
the bid will be rejected in whole or part by the FSA. Bidders must disclose which options require the purchase of
other options or are dependent on another option in their bid submission. Option pricing will include all costs of
labor associated with the option and cost of labor should not be listed separately.
Bidder must use proper manufacturer codes for all factory options. Options available through the factory should
be bid and supplied to purchaser as "factory" options, unless otherwise requested in writing by the purchaser.
Factory package options are allowable under this contract. Factory package options included in the bid submission
must detail what components the package includes.
If a bidder will offer registration and title services as a fee for service, the bidder must include the administrative
fee as a separate option (i.e. line item) for each item bid. Government imposed fees should not be included in this
option pricing.
If the bidder wishes to offer credit to the purchaser for an option that is standard on the FSA item specification,
the bidder should include the word "Credit" at the beginning of the description field, and continue to describe the
option being credited. For example, "Credit: one key fob" and enter the price the bidder will credit the purchaser.
2.14 EMERGENCY LIGHTS AND SIRENS
Under Florida Statute 316.003(1), authorized emergency vehicles are defined as:
"Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of
municipal departments, public service corporations operated by private corporations, the Fish and Wildlife
Conservation Commission, the Department of Environmental Protection, the Department of Health, the
Department of Transportation, and the Department of Corrections as are designated or authorized by their
respective departments or the chief of police of an incorporated city or any sheriff of any of the various counties."
Bidders that will provide or contract to provide emergency light and siren installation must only use installers that
possess a current Emergency Vehicle Technician Certification, or an approved equivalent. FSA may request
certificates for a vendor's installers at any time during the contract term. Labor may be charged for the installation
of emergency lights and sirens. Labor rates must be disclosed as part of the bid submission. Bidders may not
charge for labor for vehicles that are manufactured with emergency lights and sirens, including motorcycles. Prices
submitted for emergency lights and sirens shall include all applicable government -imposed fees.
Bidders that install emergency lights and sirens are required to provide and install products that are Society of
Automotive Engineers (SAE) certified. SAE Certifications must include Class 1, Class 2 and Class 3 in order to be
eligible for participation in the contract. If a lighting or siren product installed on an emergency vehicle is not SAE
Certified, the vendor can be found in default of the contract.
2.15 BID SUBMISSION
Bidders must submit a bid electronically using the bid system. Bid submissions include pricing for the item, as well
as required documentation. The bid must be received by the date and time specified on the Bid Calendar seen in
Appendix A. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in
rejection of the bid.
Bid System: VendorLink
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The bid system is located at httos://www.mvvendorlink.com. Bidders are encouraged to participate in training
provided. Usernames and passwords will be issued to bidders after registering in the bid system. Contact
VendorLink at support@vendorlink.com if technical issues arise during bid submission.
Prices are to be rounded to the nearest whole dollar. If a bidder submits bid pricing using cents, the following
formula will be applied: $.01-.49 will be rounded down to the dollar bid (e.g., $50.49 = $50) and $.50-.99 will be
rounded to the next dollar (e.g., $50.50 =$51).
Bid Submission
To ensure correct bid submittal and formatting, bidders shall:
• Input a bid price for each item
• Upload files as instructed in the bid system; files requested will be in .pdf format.
• Follow all instructions outlined in this ITB and provide all requested information.
The bid shall include the following documents:
• Executed Qualifications Packet
• Build sheet for each item bid as a single .pdf
• Any requested exceptions or equivalents
FSA may ask awarded bidders to supply one hard copy set with digital signatures and original compliance forms,
prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. FSA is
not responsible for bidder's improper use of the bid system. Exceptions will be granted to this section should any
bid system malfunctions occur.
2.16 EXECUTION OF BID
By submitting a response to this Invitation to Bid, the bidder agrees to the terms and conditions of this contract
and to be bound by such terms and conditions if selected for award. The bidder must submit the Contract
Signature Form with the signature of an authorized representative no later than the bid submittal due date. All
terms and conditions are applicable throughout the term of the contract and not specific to any given year, make
or model.
2.17 MODIFICATION OR WITHDRAWALS OF BIDS
A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date
and time of the bid submission listed in the Bid Calendar. Modifications received after the bid due date and time
will not be considered.
Bids can be withdrawn in writing prior to the contract award. If a bidder must withdraw the bid, the bidder must
contact FSA immediately. Bid withdrawals are handled on a case-by-case basis and can result in a limitation of
participation in future bids.
2.18 LATE BIDS
The responsibility for submitting a bid before the due date and time on the bid calendar is solely and strictly the
responsibility of the bidder. The FSA is not responsible for delays caused by technical problems, any Internet
outages or delays incurred by electronic delivery, or any other occurrence. Any reference to time will be based on
Eastern Time.
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2.19 PUBLIC BID OPENING
Bids shall be opened on the date and time specified on the Bid Calendar. The bid opening may occur at the Florida
Sheriffs Association, 2617 Mahan Drive, Tallahassee, Florida, or may be offered online.
FSA will provide a bid inspection period for bidders following the bid opening. The date, time and duration will be
announced prior to the bid opening.
2.20 DETERMINATION OF RESPONSIVENESS
Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed
a responsive bidder, the bid must conform in all material respects to the requirements stated in the contract. As
set forth in Section 2.26, FSA reserves the right to waive or allow a vendor to correct minor irregularities.
2.21 RESPONSIBLE BIDDER CRITERIA
Bids will be evaluated to determine if qualifications and contract requirements are met. Responses that do not
meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials
may be rejected as nonresponsive.
Bidders whose responses, past performance, or current status do not reflect the capability, integrity, or reliability
to fully and in good faith perform the requirements of the contract may be rejected as non -responsible. In
determining a responsible bidder, the following factors may be considered:
• Adequacy of facilities, staffing, and financial resources;
• Previous experience with FSA contract or other similar government contracts;
• Ability to provide excellent customer service, including previous FSA contracts; and
• Any other information relevant to the responsibility of a vendor that FSA is aware of.
In addition to the requirements as set forth by these Terms & Conditions, FSA reserves the right to request
staffing, performance and financial information from any bidder during the evaluation process.
FSA reserves the right to determine which responses meet the requirements, item specifications, terms and
conditions of the solicitation, and which bidders are responsive and responsible.
FSA further reserves the right to limit participation of bidders who, in FSA's sole discretion, are determined to
present responsibility concerns that call into question the bidder's ability to perform but that do not rise to the
level of requiring rejection of the bidder as non -responsible.
2.22 BASIS FOR AWARD
The FSA shall make awards to the lowest bidder by item and by manufacturer to bidders deemed to be responsive
and responsible. Awards may also be made to the second and third lowest bidder by item and by manufacturer
and determined to be in the best interest of the FSA and the purchaser. FSA has the discretion to consider option
pricing in making the award. Awards will not be given to any parties listed on the government wide exclusion in the
System for Award Management. See Appendix C, II to 2 CFR Part 200.
FSA reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or
omission if it determines that doing so will serve the purchaser's best interest.
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2.23 BID TABULATIONS
In the event that more than one bid is submitted per item a Bid Tabulation report will be posted on the FSA
Cooperative Purchasing Program website after the bid submission closes as identified on the bid calendar.
If there is a delay in posting the bid tabulation results, FSA will post a notice of the delay and a revised date for
posting of results.
2.24 MINOR IRREGULARITIES / RIGHT TO REJECT
The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor
irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best
interest of the purchasers. A minor irregularity is a variation from the terms and conditions of this procurement
that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby
restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its
option, the FSA may allow a bidder to correct minor irregularities but is under no obligation to do so. In doing so,
the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity.
However, the FSA will not request and a bidder may not provide the FSA with additional materials that affect the
price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders.
The FSA may also reject any bids not submitted in the manner specified in this document.
2.25 CONE OF SILENCE
This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens through the
intent to award date as indicated in the Bid Calendar. During this period all communications regarding this
solicitation between FSA and Bidder will cease, except for procedural questions, technical questions regarding
problems incurred in the use of the bid system, or communications initiated by the FSA. All permitted
communications during this period shall be made in writing to the procurement contacts identified in Section 1.01
of this Invitation to Bid.
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3.0 CONTRACT CONDITIONS
3.01 GENERAL REQUIREMENTS
Once the bid has been awarded, the terms and conditions of this document become the contract between the FSA
and the awarded vendor. The terms and conditions apply to all items purchased from this contract.
3.02 STATEMENT OF AUTHORITY
Each person signing the contract warrants that they are duly authorized to do so and binds the respective party to
the contract.
3.03 VENDOR CONTACT INFORMATION
The vendor shall maintain current contact information with FSA at all times for sales and submission of purchase
orders, quarterly reports and administrative fee payments. If a change occurs during the contract, the vendor must
notify FSA immediately.
3.04 ADDITIONS AND DELETIONS
The FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the
best interest of FSA and the participating purchasers.
FSA reserves the right to remove, discontinue or suspend the sale or offering of any product within the Invitation
to Bid document or existing contract, at its discretion.
This decision to take action may be based upon and not limited to:
• Few or no sales;
• Product recalls and other safety issues;
• Vendor/Manufacturer performance; or
• Lack of relevance of products.
3.05 CONTRACT EXTENSION
Contract Extension
The contract may be extended by mutual agreement, initiated at the discretion of the FSA, for up to two (2)
additional years, on a year-to-year basis.
The vendor may request price adjustments for contract extensions as provided for in the price adjustment section.
If no request is received from the vendor, the FSA will assume that the vendor has agreed that the optional term
may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new
option period may not be considered unless otherwise provided for in this contract.
The FSA reserves the right to in its sole discretion, elect to implement an optional term or to allow the contract to
fully or partially terminate and readvertise for bids, whichever is in the best interest of the FSA.
Month -to -Month Continuation
In the event that a new contract is not active at the time of this contract's expiration, this contract's terms and
conditions shall extend on a month-to-month basis and shall not constitute an implied extension of the contract.
Such a month-to-month continuation shall be upon the compensation and payment provided herein.
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3.06 PRICE ADJUSTMENTS
This contract provides the following options for price adjustments:
• Annual Price Adjustments
• Changes to Production or Design
• Manufacturer Certified Adjustments
• Surcharges
• Equitable Adjustments
Price adjustment requests must clearly substantiate a need to increase or decrease the price and must be
submitted as a percentage change. If a dollar amount is provided, FSA will calculate the percentage change.
Annual Price Adjustment
The FSA may consider annual price adjustments due to:
• Changes in the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor
Statistics (BLS); or
• As a result of any changes to national or state standards that require substantial price adjustments.
Changes resulting from PPI will be verified by the FSA, after the vendor requests a price adjustment under this
provision and identifies the commodity code for each item as designated by the BLS.
In the event of changes to national or state standards, the vendor must present verifiable changes from the
manufacturer in price to FSA. FSA may consider other documentation related to the change to national or state
standards but is not obligated to grant price changes without literature from the manufacturer. The FSA will
consider the request and will make a final determination on the change in price.
For any price adjustment to commence annually or on the first day of the contract extension, the vendor's request
for price adjustment should be submitted 60 (sixty) days prior to the annual execution of the contract or to the
expiration of the contract extension.
Changes to Production or Design
Significant changes by the manufacturer to the production and item specification design may also initiate a price
adjustment request. FSA will consider order dates, production cutoffs, conditions as provided for in Section 3.08,
as well as replacement or complete redesign of items when considering significant changes to manufacturer
production or design.
Manufacturer Certified Adiustments
Vendors must provide documentation from the manufacturer to FSA that shows a legitimate need for price
adjustments.
Surcharges
Surcharges are increased costs that are imposed on awarded vendors for items sold on this contract. Surcharges
can be related to the cost of materials, cost of transportation or shipping, or fees imposed by the governing
entities. Since surcharges are imposed on awarded vendors, in order to request a price change, the vendor must
document the origin of the surcharge.
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The vendor must provide manufacturer or supplier certification documentation that identify the reason or cause
for the surcharge to FSA in advance of assessing surcharges to a purchaser.
Surcharge After a Purchase Order is Issued
When a purchase order has been issued, the vendor may present a surcharge with all required documentation to
the purchaser for consideration. The purchaser may accept or negotiate a reduction in the surcharge or reject the
surcharge at their discretion.
Equitable Adjustments
The FSA may make an equitable adjustment to the contract terms or pricing at its discretion.
3.07 CONDITIONS
It is understood and agreed that any item offered or shipped as a result of this contract shall be the most current
model offered.
3.08 PRODUCTION CUTOFF
Vendors shall notify the FSA in writing no less than sixty (60) calendar days prior to the close of final order date by
the manufacturer when the final order date is during the term of the contract. Purchase orders received by the
vendor ten (10) business days prior to the final order date must be accepted and entered into the order system
with the manufacturer. Purchase orders issued and received after the production cutoff date will be subject to
availability. In this case, the vendor and manufacturer have the discretion whether to choose to provide next
year's model at current year's prices until the end of the contract term. If the manufacturer cutoff date is during
the term of the contract and will affect the purchaser's ability to obtain the items, FSA may consider substitutions
from the same manufacturer.
3.09 FACILITIES
The FSA reserves the right to inspect the vendor's facilities at any time with prior notice.
3.10 FACTORY -INSTALLED OPTIONS
All options specified as factory -installed are to be installed on the item at the primary site of assembly and is to be
the manufacturer's standard assembly -line product. Aftermarket and vendor -installed equipment will not be
accepted as factory -installed. Vendors found supplying aftermarket or vendor -installed equipment where factory -
installed are specified shall be required to retrieve all delivered items and supply new items meeting the
specifications.
All factory -ordered options are to be original equipment manufacturer (OEM) and installed at the primary site of
assembly unless otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements
will not be recognized.
3.11 VENDOR -INSTALLED OPTIONS
All vendor -installed accessories, equipment, or options shall be installed according to the manufacturer's
specifications. All vendor -installed options must be manufactured by an established manufacturer of the product
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provided. Vendors are required to disclose make and model of product being offered, design, and model must be
approved by the purchaser prior to installation. Prior to any purchase, the vendor must also disclose the warranty
of any accessory, equipment or option that is less than or exceeds the factory or equipment warranty coverage.
Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the
contract in accordance with these terms & conditions.
3.12 NON-SCHEDULED OPTIONS
A non-scheduled option is an option not listed on the FSA published award. Vendors may provide non-scheduled
options at less than MSRP or the Published List Price. Non-scheduled options should be identified and listed as a
separate line item with the price and discount on the purchase order. Non-scheduled options are covered under
these terms and conditions.
3.13 AMBULANCE REMOUNT
Ambulance remount services may be offered by awarded vendors on this contract. Remount service providers
shall maintain a minimum of $5,000,000 in Product Liability Insurance and a minimum of $1,000,000 in
Professional Garage Keepers Liability Insurance. It is the responsibility of the vendor to maintain the insurance
requirements under the Terms and Conditions. Proof of adequate coverage shall be provided to the purchaser
upon request.
All remount service providers must be registered with National Highway Traffic Safety Administration (NHTSA) as a
new vehicle manufacturer as required by law (49 CFR 571.7(e)). The remounter shall follow all recommended
guidelines and practices as published and prescribed by the OEM chassis manufacturer for the chassis platform
supplied. This includes:
1. Compliance with Federal Motor Vehicle Safety Standards (FMVSS);
2. Incomplete Vehicle Document (IVD) for appropriate chassis;
3. OEM Body Builder's Guide for appropriate chassis; and
4. Ford CQVM Program Truck Guidelines or other OEM Chassis Upfitter programs.
The remounter must have financial strength to adequately support any warranty obligation provided to the
customer and be able to verify this to the purchaser upon request. The warranty that shall be offered at a
minimum to the customer shall be as follows:
1. The remounter shall warranty the ambulance and furnished equipment against parts failure or
malfunction due to design, construction or installation errors, defective workmanship and missing or
incorrect parts for a minimum period of 12 months or 12,000 miles (whichever occurs first) from date
of acceptance, exclusive of any authorized driveaway mileage.
2. However, if the remounter received from any supplier or subcontractor additional warranty on the
whole or any component of the ambulance, in the form of time and/or mileage, including prorated
adjustments, or if the remounter generally extends to their customers a greater or extended
warranty coverage, the purchaser shall receive corresponding warranty benefits.
The remounter must follow all recommended guidelines and requirements which apply to the
new chassis, as well as application and installation of all components and equipment included in the
remounted vehicle. This shall include suitability and generational compatibility of key components
to meet both make and model year of chassis utilized.
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The remounter shall perform the following series of steps to determine viability of the proposed
remount vehicle prior to production:
1. The viability process shall include a visual inspection of ambulance body module for overall condition to
determine suitability and feasibility for forward service life. This shall include the compatibility of the body
to the proposed new chassis.
2. This viability process shall include, and the remounter shall provide, a Scope of Work document which
shall include an itemized proposal to the customer and a notice of compliance to FMVSS requirements, as
well as weight balance and payload analysis and projections. A minimum payload of 1,500 pounds is
required.
3. The remounter shall inform the purchaser of any additional deficiencies or defects discovered during the
production process and inform the purchaser immediately whereby remediation shall be mutually
determined.
It is the responsibility of the vendor to certify that it has inspected the remounted module for structural integrity
and will supply a statement that includes proof of the inspection process to the purchaser. The remounter shall
have written work process documentation to substantiate each step of the production process for the remounted
vehicle to include:
1. Evaluation and physical assessment of original vehicle;
2. Engineering analysis for major modifications such as change in chassis type or body mounts;
3. The actual production sequence and process; and
4. Written and verified quality control and function checks.
3.14 FORCE MAJEURE
A vendor shall not be penalized for a delay resulting from the vendor's failure to comply with delivery
requirements if neither the fault nor the negligence of the vendor or its employees contributed to the delay and
the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause
wholly beyond the vendor's control, or for any of the foregoing that third party suppliers if no alternate source of
supply is available to the vendor.
3.15 ORDER
To initiate a purchase, a purchase order must be issued to the vendor, which includes:
• FSA contract title and number;
• FSA item number, and the make and model or item description; and
• Purchaser name, phone number and email address.
The vendor's acceptance of a purchaser's order will indicate that the vendor agrees to deliver an awarded item
that will be fully compatible with all options. Production schedules and delivery dates should be discussed at the
time the quote is provided to the purchaser, or if no quote is provided, when the purchase order is delivered to the
vendor. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase
order. The vendor shall assure that all orders are placed in full compliance with the specifications and the terms
and conditions of the contract and the purchase order. Any changes that are required to bring an item into
compliance with the various options due to an incorrect order will be accomplished at the vendor's expense.
A Confirmation of Order form shall be completed by the vendor and provided to the purchaser and FSA fifteen (15)
calendar days from receipt of purchase order without request by the purchaser. Any additional information
needed to complete this form should be obtained by the vendor from the purchaser.
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If a vendor receives a purchase order for an item for which they were not awarded, the vendor must notify the
purchaser and return the purchase order to the purchaser within three (3) business days.
Purchase orders may include additional terms and conditions established by the purchasing agency. When
presented with a purchase order containing additional requirements beyond those established herein, the vendor
may negotiate any additional requirements with the purchaser prior to accepting the purchase order.
3.16 DELIVERY
Vendors are to inspect the item to confirm the item meets or exceeds the FSA base item specification,
manufacturer specification, and purchase order. Deliveries not complying with these requirements may be
rejected and will have to be redelivered at vendor's expense.
Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. Delivery
schedules shall be agreed to by the purchaser and the vendor. Vendor shall notify the purchaser no less than
twenty-four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon
delivery details. The vendor shall be responsible for delivering items that are properly serviced, clean and in first
class operating condition. Items shall be delivered with each of the following documents completed or included:
• Copy of the purchase order
• Copy of the FSA base item specification
• Copy of manufacturer's Invoice, price sheet, build sheet or other documentation that verifies what
components are included on the item being delivered
• Copy of the pre -delivery service report
• Registration warranty certification
• Owner's manual
• Registration, tag and title or an application for the registration, as applicable
All items with fuel tanks of thirty-five (35) gallons or less must contain no less than one quarter (1/4) tank of fuel as
indicated by the fuel gauge at the time of delivery. For items that have more than thirty-five (35) gallons, a
minimum of one eighth (1/8) of a tank of fuel must be provided.
Deliveries within 2,500 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the
vehicle must be supervised and the driver must comply with manufacturer's break-in requirements and all
applicable traffic laws. Any delivery accomplished by driving fire rescue or emergency response vehicle must use
an "OUT OF SERVICE" cover on light bars.
All deliveries in excess of 2,500 miles shall be approved by the purchaser. The purchaser has the option to reject a
vehicle with more than 2,500 odometer miles, if not previously approved by the purchaser, or may deduct $0.51
cents per mile in excess of 2,500 miles from the invoice. This requirement also applies to redelivery of vehicles that
were rejected upon initial delivery.
When items require service or adjustments upon delivery, the vendor shall either remedy the defect, or be
responsible for reimbursing the manufacturer's local authorized representative or other service provider to
remedy the defect. Such service or adjustments shall be initiated by the vendor within 48 hours after notification
by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or
adjustments are satisfactory, and the item is redelivered or repaired. The cost of any transportation required to
address the defect shall be the responsibility of the vendor until the items are satisfactory and accepted by the
purchaser.
3.17 INSPECTION AND ACCEPTANCE
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Final acceptance shall be given only after the purchaser inspects or confirms the item meets contract
specifications. Delivery of an item to a purchaser does not constitute acceptance for the purpose of payment.
Inspection and acceptance will be at the purchaser's destination unless otherwise previously agreed upon location
was provided in the purchase order. Should the delivered items differ in any respect from the item specifications,
payment can be withheld until such time as the vendor completes the necessary corrective action.
3.18 REGISTRATION, TAG AND TITLE
Title items shall be the responsibility of the vendor. If the purchaser is a government agency, the purchaser has the
right to choose to register and title the item. Costs of registration, tag and title shall not exceed the statutory rates.
FSA administrative fee does not apply to the cost of registration, tag and title.
3.19 CAB AND CHASSIS PURCHASES
Vendors performing upfitting of cab and chassis should be licensed and certified to perform such work. Vendors
are responsible for tag and title work if the chassis is completed by the vendor or the vendor's contracted third -
party supplier. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply
to cab and chassis purchases.
3.20 INVOICING AND PAYMENTS
Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract.
Vendors must invoice each purchaser independently. The vendor shall be paid upon submission of invoices to the
purchaser after satisfactory delivery and acceptance of the items. The Local Government Prompt Payment Act will
apply to ensure timely payment of vendor invoices. The Local Government Prompt Payment Act is defined in
Sections 218.70-218.79 of Florida Statutes.
3.21 WARRANTY
All warranties shall begin at the time of delivery and final acceptance by the purchaser. The purchaser's warranty
should not be active for incomplete items and items delivered to a third -party supplier before final delivery.
3.22 PURCHASE ORDERS
The vendor must submit electronic copies of purchase orders within fifteen (15) calendar days of the purchase
order issue date. Emails shall be sent to coop@flsheriffs.org. Purchase orders received by the vendor after this
deadline must be submitted to FSA as soon as possible with the date received by the vendor and cause for the
delay. Purchase orders should contain the following information:
• Purchaser name
• Purchase order number
• Purchase order issue date
• FSA contract title and number
• Item number
• Item make and model, or item description
• Item price
• Estimated delivery date.
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Purchase orders vary in format and information provided. If a purchase order does not include the above
information, the vendor may submit supplemental documentation to FSA at the same time the purchase order is
due. Such information may be in bid quotes, equipment proposals, confirmation of orders, or other documents. If
a purchaser does not use purchase orders, written communication from the purchaser to the vendor will be
provided to FSA.
3.23 QUARTERLY REPORTS
Quarterly reports are the contractual responsibility of each vendor. Quarterly reports must be completed and
submitted electronically. All quarterly reports shall be sent to reports@flsheriffs.org. The quarterly report
template shall be submitted using an Excel workbook provided by FSA. Quarterly reports which do not adhere to
the required format or are not complete of all purchase orders received and/or deliveries made during the quarter
will be returned to the reporting vendor for correction.
Quarterly reports are due no later than the 15th day of the month following the end of the quarter. Quarterly
reports shall follow the schedule below for the duration of the contract. If a contract extension is executed, the
quarterly reports will maintain the same schedule for future reporting periods.
Quarterly reports should follow this schedule:
Contract Year 1: April 1, 2023 — March 31, 2024
Year 1 Quarter 1
April 1—June 30
July 15
Year 1 Quarter 2
July 1— September 30
October 15
Year 1 Quarter 3
October 1— December 31
January 15
Year 1 Quarter 4
January 1— March 31
April 15
Contract Year 2: April 1, 2024 — March 31, 2025
Year 2 Quarter 1
April 1—June 30
July 15
Year 2 Quarter 2
July 1— September 30
October 15
Year 2 Quarter 3
October 1— December 31
January 15
Year 2 Quarter 4
January 1— March 31
April 15
If a contract extension or renewal option are executed, the quarterly reports will maintain the same schedule for
future reporting periods.
Quarterly reports must be submitted even if there are no sales or no deliveries in a quarter. If a vendor has no
sales within a quarter, the vendor shall indicate "No sales this quarter" on the top row of the sales worksheet. If
the vendor has no deliveries in a given quarter, the vendor shall indicate "No deliveries this quarter" on the top
row of the delivery worksheet.
FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the contract.
Such a change shall not materially modify the substance of the information to be reported, but may change the
method by which future quarterly reports are to be submitted. In the event of such a change, FSA will provide
written notice to all vendors of the method by which future quarterly reports are to be submitted.
3.24 ADMINISTRATIVE FEE
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
The FSA charges three quarters of one percent (.0075) to procure, process and administer the contract. The
administrative fees are the contractual responsibility of each awarded vendor.
After receipt of payment from contract purchases, the vendor shall remit all administrative fees to the FSA no later
than 15 calendar days after the end of each quarter. All fees payable to the FSA during any given quarter will be
accompanied and supported by a quarterly report.
The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any
additional charge to recoup the administrative fee, will be permitted if a vendor fails to incorporate the
administrative fee in its bid pricing. The administrative fee should never be listed as a separate line item on any
purchase order or invoice.
The administrative fee is based on the total purchase order amount of new items. This fee excludes any value
given to purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact
the fee calculation.
The ACH form for electronic payment or wiring of funds is included in Appendix C. It is the preference of FSA that
all payments be electronically paid and submitted. If ACH is not available, checks for the administrative fee can be
sent to:
Florida Sheriffs Association
Cooperative Purchasing Program
2617 Mahan Drive
Tallahassee, FL 32308
3.25 LIQUIDATED DAMAGES
The vendor warrants that the item supplied to the purchaser shall conform in all respects to the standards set
forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated
damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the
vendor responsible for same.
Failure to submit the administrative fee with accompanying quarterly reports to FSA within 15 calendar days
following the end of each quarter may result in the imposition of liquidated damages. Vendors failing to submit
administrative fees and/or quarterly reports will incur liquidated damages in the amount of $25 for each calendar
day that fees and reports are past due, beginning on the 16th day following the end of the quarter.
If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this
section, the prevailing party shall be entitled to its reasonable attorneys' fees and costs incurred in the litigation.
The venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida.
When quarterly reports are late, liquidated damages are to be included in vendor's Quarterly Report and
administrative fee submission. Liquidated damages that remain unpaid beyond 45 calendar days can result in FSA,
at its sole discretion, implementing contract compliance actions, including but not limited to, suspension, limited
participation by item specifications, disqualification from future solicitations, or termination for cause pursuant to
the Terms & Conditions.
Schedule of Liquidated Damages
Failure to submit quarterly report on time
$25 per calendar day
Failure to submit administrative fee on time
$25 per calendar day
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Failure to report a Purchase Order to FSA within 15
calendar days of the purchase order issue date
$100 per Purchase Order
Failure to Report Sales
.0075 of the sales price plus 1.5% each month
following the delivery date.
Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will
result in liquidated damages to this contract. Vendor agrees and acknowledges that these liquidated damages are
not intended to be and do not constitute a penalty and that these amounts are reasonably calculated to
compensate the FSA for the damages that it will incur as a result of the vendor's failure to take the specified
actions.
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Appendix A: Bid Calendar
FSA23 - Fire & Rescue Bid Calendar
Bid Calendar Task
Date
It tt o,Br dAnn®a
Registration for Workshop & Pre-bid Open
w � a
0 '
11/1/2022
4Y0tlar =
Q...? ®
•
New Specification requests due
12/16/2022
ire 1E 1�eetig
G
1/11/2023 J
Request for Clarifications Due to FSA
1/20/2023
Rl'14:"m
Bid System Open
1/31/2023
2023�}�, � (}
Bid Submissions Due
2/27/2023
` 'cF Sp'�tt." i 4 �ptiitZ,L�"}}�yy6 r" :�3k lg p4 �
cBi
t1, fid.'
y
3'� t€ M'M �k�
'w
+
yew.'
d
ill
� "� a� ' ,.»
Bid Tabulations Posted
Intent To Award
{3/1/2023
3/10/2023
Effective Date Of New Contract
4/1/2023
For the most up to date information, please refer to https://www.flsheriffs.org/law- enforcement-
programs/cooperative-pu rchasing-program/bid-announcements
* Details for the Workshop, Mandatory Pre -Bid Meeting, and Public Bid Openings will be posted on FSA's website,
emailed to interested bidders, or can be found in Florida Administrative Register (as appropriate) for the dates
published.
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Appendix B: ACH Payments
TO:
t rpt `tiz ,'
FLORIDA SHERIFF
ASSOC IA ON
All Customers of the Florida sheriffs Association
SUBJECT: Florida Sheriffs Association is going paperless!
s. B :t 1Tht.`,
Our assodation is pleased to announce the implementation of accepting electronic payments from
customers. if your agency or company is able to pay via ACH, please consider adding the Florida
Sheriffs Association to your fist of vendors paid via electronic payment.
Florida Sheriffs Association's Banking Information is as follows:
Chewing Account
Capital City Bank
Routing Nwnber:063100688
Account Number: 0010867001
Please emai any payment remittance information
o accountineOflsheriffs.ore.
If you choose to make ACH payments to the association, there is no additional charge. However, the
information above can be used to pay with a wire transfer. If you choose to pay via wire, there is a
charge of $25 per wire that you will need to add to your payment.
if you have any questions at all, please contact Trish Eldridge atteldrideeeflsheriffs.or . or call (850)
559-5668.
Sincerely,
Director of Accounting and Finance
Florida Sheriffs Association
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Appendix C: Federal Clauses
APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS*
(excluding micro -purchases, except Davis -Bacon requirements apply to construction contracts exceeding $2,000)
In addition to other provisions negotiated with purchasers placing federally funded purchase orders, Vendors must
comply with the following provisions upon award of a federally funded purchase order:
k k ;
4,PROVISION ry
ProessionalOperations/
services/A&E
Management - ;`5'�
Construction
5
Materials'&
Supplies Tr:
Equal Employment Opportunity
All
Davis -Bacon Act
>$2,000
Copeland "Anti -Kickback" Act
>$2,000
Contract Work Hours and Safety
Standards Act
>$100,000
>$100,000
>$100,000
>$100,000
Rights to Inventions Made Under a
Contract or Agreement
If the purchase
order involves
performance of
experimental,
developmental
or research
work
If the purchase
order involves
performance of
experimental,
developmental
or research
work
If the purchase
order involves
performance of
experimental,
developmental
or research
work
If the purchase
order involves
performance of
experimental,
developmental
or research work
Clean Air Act
>$150,000
>$150,000
>$150,000
>$150,000
Federal Water Pollution Control
Act
>$150,000
>$150,000
>$150,000
>$150,000
Debarment and Suspension
All
All
All
All
Byrd Anti -Lobbying Amendment
>$100,000
>$100,000
>$100,000
>$100,000
Procurement of Recovered
Materials
All
All
All
All
Prohibition on Certain
Telecommunications and Video
Surveillance Services or Equipment
All
All
All
All
Domestic Preferences for
Procurements
All
All
All
All
*References to the code of regulations (CFR) or United States Code (USC) were accurate at the time of publication.
It is the responsibility of the bidder to ensure compliance is met of the referenced state and federal laws within the
published rules.
EQUAL EMPLOYMENT OPPORTUNITY: Except as otherwise provided under 41 CFR Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity
clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment
Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor." The clause set forth in 41 CFR 60-1.4(b) is incorporated herein by reference. Vendor must comply with this
clause and include this clause in all lower -tier federal assisted construction contracts.
DAVIS-BACON ACT, as amended (40 U.S.C. 3141-3148): When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance
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Cooperative Purchasing Program
Contract Terms and Conditions
with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity
must place a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding
agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she
is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding
agency. Vendors performing construction must comply with all applicable provisions of the Davis -Bacon Act and
include this clause in all lower -tier subcontracts for construction.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C., chapter 37): Vendor shall comply with Sections
102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C., chapter 37), as supplemented by
Department of Labor regulations (29 CFR part 5).
(a) Overtime requirements. Neither Vendor nor any contractor or subcontractor contracting for any part of the
purchase order work which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not Tess than one
and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
Paragraph 15(a), Vendor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
Vendor or such subcontractor shall be liable to the United States (in the case of work done under the Contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in Paragraph 15(a), in the sum of $29 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in Paragraph 15(a) of this section.
(c) Withholding for unpaid wages and liquidated damages. Purchaser shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by Vendor or a subcontractor under the purchase order or any other
Federal contract with Purchaser, or any other federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by Purchaser, such sums as may be determined to be necessary to satisfy any
liabilities of Vendor or its subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in Paragraph (a).
(d) Subcontracts. Vendor shall insert in any subcontracts over $100,000 for construction and other purposes that
involve the employment of mechanics or laborers, the clauses set forth in Paragraphs (a) through (d) and also a
clause requiring the subcontractors to include these clauses in any lower -tier subcontracts.
RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT: If the Federal award meets the definition of
"funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with
a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency. Vendor shall comply with these requirements when performing a
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Cooperative Purchasing Program
Contract Terms and Conditions
purchase order involving experimental, developmental or research work and flowdown this clause to lower -tier
subcontractors performing such work.
CLEAN AIR ACT (42 U.S.C. 7401 et seq.) and the FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251 et seq.),
as amended: Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et
seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA). Vendor shall comply with the requirements of Clean Air Act and the Federal Water Pollution
Control Act and include this clause in all lower -tier subcontracts with a value over $150,000.
DEBARMENT AND SUSPENSION (E.O.s 12549 and 12689): By accepting or performing this purchase order, Vendor
certifies that it is not identified in the Exclusions area of the System for Award Management as being currently
debarred, suspended, proposed for debarment, or otherwise excluded ("SAM Exclusion"). Vendor shall obtain
similar certifications from its lower -tier subcontractors for each subcontract in excess of $25,000 and Vendor shall
not award lower -tier subcontracts in excess of $25,000 to an entity subject to a SAM Exclusion.
LOBBYING RESTRICTIONS (31 U.S.C. 1352): By accepting or performing this purchase order, Vendor certifies that it
will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Vendor shall also disclose to Purchaser any lobbying with non -Federal funds that takes
place in connection with obtaining any Federal award or contract. Vendor shall flow down this clause and require
this certification for lower -tier subcontractors with a subcontract of $100,000 or more. Vendor shall provide its
disclosure and all disclosures received from lower -tier subcontractors to Purchaser.
PROCUREMENT OF RECOVERED MATERIALS: A non -Federal entity that is a state agency or agency of a political
subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of recovered materials identified
in the EPA guidelines. Vendor shall comply with this clause and include this clause in all lower -tier subcontracts.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT:
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in Public Law 115-
232, section 889, covered telecommunications equipment is telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such
equipment.
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Cooperative Purchasing Program
Contract Terms and Conditions
(iii) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence
or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of
executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical
support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected
entities to transition from covered communications equipment and services, to procure replacement equipment
and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information.
DOMESTIC PREFERENCES FOR PROCUREMENTS:
(a) As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). Vendor agrees to comply with the requirements of this clause and include the
requirements of this clause in all subawards including all contracts and purchase orders for work or products under
this award.
(b) For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States.
(2) "Manufactured products" means items and construction materials composed in whole or in part of non-
ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
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