INVITATION TO BID FOR PRINTING THE CONSUMER GUIDE TO THE FLORIDA LEMON LAW ITB: DLA

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1 FOR PRINTING THE CONSUMER GUIDE TO THE FLORIDA LEMON LAW ITB: DLA STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS OFFICE OF THE ATTORNEY GENERAL

2 SECTION 1 GENERAL CONDITIONS 1.1 Purpose The State of Florida,, Office of the Attorney General ( Agency ), has issued this Invitation to Bid (ITB) to obtain competitive pricing for the printing of the Consumer Guide to the Florida Lemon Law, hereafter referred to as Guide, as specified in the Scope of Work, Section 3 (see the sample in Attachment B). The ITB will be administered through the State of Florida Vendor Bid System (VBS). Respondents interested in submitting a Response must comply with all of the terms and conditions described in this ITB. The Agency intends to make a single award. However, the Agency reserves the right to make no award, if it is determined to be in the best interest of the State. Responses will only be considered from Respondents normally engaged in providing and performing the services described in this ITB. The Agency reserves the sole right to determine a Respondent s ability to perform in accordance with the specifications, terms and conditions of this ITB. 1.2 Agency Designation of Procurement Officer Pursuant to Section (23), Florida Statutes, and Paragraph 21, State of Florida, PUR 1001, General Instructions to Respondents, infra, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the Agency posting the notice of intended award, excluding Saturdays, Sundays, and State holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Response. The Procurement Officer designated by the Agency for this solicitation is: Patricia Heinze Bureau of General Services Office of the Attorney General PL-01, The Capitol Tallahassee, FL Phone: (850) contract_desk@oag.state.fl.us ALL S TO THE PROCUREMENT OFFICER SHALL CONTAIN THE SOLICITATION NUMBER IN THE SUBJECT LINE OF THE . ITB - DLA State of Florida

3 1.3 Definitions Contractor(s) The Respondent awarded the Contract pursuant to the solicitation. Purchase Order (Contract) The legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Agency and the Contractor. Respondent Response State Subcontractor A Vendor that submits a Response to the Agency in accordance with this solicitation. The formal bid, information, and material submitted by a Respondent as a Response to this solicitation. State shall be synonymous with the State of Florida and its various agencies and other governmental bodies politic. Any person or entity other than an employee of the Respondent who performs any services in connection with this solicitation and its resulting Contract. Vendor Bid System (VBS) Vendor Bid System adopted by the State of Florida. Vendor Any person or entity that is normally engaged in providing and/or performing the services and/or commodities as defined in the Scope of Work. 1.4 Timeline of Events The following Timeline of Events lists important events and deadlines for this solicitation. Respondents should become familiar with the Timeline of Events. The dates and times within the Timeline of Events are subject to change by the Agency. It is the responsibility of the Respondent to check for any changes. All changes to the Timeline of Events will be through an addendum to the solicitation. Respondents are responsible for submitting all required documentation by the dates and times specified in the Timeline of Events. The Agency will not consider late submissions. This space intentionally left blank. ITB - DLA State of Florida

4 Timeline of Events Event Time* Event Date ITB posted in the VBS. 06/13/2016 Deadline to submit Response and all required documentation 4:00 p.m. 06/24/2016 to the Procurement Officer. Public Opening: 4:15 p.m. 06/24/2016 Office of the Attorney General Collins Building - Conference Room West Gaines Street Tallahassee, FL Please Note: All visitors must enter through the Gaines Street Entrance. Anticipated posting of Notice of Intent to Award in the VBS. 06/27/2016 Anticipated purchase order date. 07/01/2016 *All times listed are local time in Tallahassee, Florida. 1.5 WAIVERS: The Agency may waive minor informalities or irregularities in Responses received where such are merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Respondents. Minor irregularities are those that will not have an adverse effect on the Agency s interest, and will not affect the price of the bids by giving the Respondent an advantage or benefit not enjoyed by other Respondents. The Agency reserves the right to reject any and all Responses. 1.6 Non-Responsive Responses, Non-Responsible Respondents Responses which do not meet all requirements of this ITB, or which fail to provide all required information or documents will be rejected as non-responsive. Respondents 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 nonresponsible. The Agency reserves the right to determine which Responses meet the material requirements of the ITB, and which Responses are responsive and Respondents are responsible. 1.7 Addenda/Amendment to the Solicitation The Agency reserves the right to modify this solicitation by issuing addenda. Any and all addenda to this solicitation will be issued in writing and will be posted in the VBS. It is the responsibility of the Respondent to check for any changes. Addenda requiring Respondent acknowledgement must be signed on the form provided with the addenda and the signed form included in the Response. ITB - DLA State of Florida

5 1.8 Purchase Order (Contract) The Agency will issue a Purchase Order (Contract) to the Respondent who is the intended awardee as set forth in the Notice of Intent to Award issued pursuant to Section Time & Place The sealed Response package must be submitted to: Patricia Heinze Office of the Attorney General Mailing Address: PL-01 The Capitol, Tallahassee, Florida Physical Address: 107 West Gaines Street, Collins Building, Tallahassee, Florida Sealed Responses must be received prior to the deadline specified in the Timeline of Events set forth in this ITB, Section 1.4. Responses received after the specified time and date will not be considered. Important: MARK ON THE OUTSIDE OF THE RESPONSE ENVELOPE - BID # DLA , Printing the Consumer Guide to the Florida Lemon Law. Respondents names will be read publicly at the time and date specified in the Timeline of Events. Only complete ITB Response packages with original signatures will be considered. Responses to the ITB received via facsimile or by electronic transmission will not be considered. Response Tabulations with the Notice of Intent to Award will be posted on the date specified in the Timeline of Events on the Vendor Bid System (VBS) and will remain posted for a period of seventy-two (72) hours. Failure to file a protest within the time prescribed in Section (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes Request to Withdraw Bid Respondents may modify a Response at any time prior to the Response due date by sending the modified Response or written notice of withdrawal in accordance with the requirements of this ITB to the Procurement Officer Special Accommodation Any person requiring a special accommodation due to a disability should contact the Agency s Americans with Disabilities Act (ADA) Coordinator, Debbie Strickland, at (850) Requests for accommodation for meetings must be made at least five (5) workdays prior to the meeting. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) (TDD). ITB - DLA State of Florida

6 1.12 Statement on Public Entity Crimes As required by Section (3)(a), Florida Statutes, a person or affiliate who has been placed on the Convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a Contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section (2), Florida Statutes, for a period of thirty-six (36) months following the date of being placed on the Convicted Vendor list State Purchasing Forms This ITB is subject to the additional terms and conditions of State of Florida Purchasing Forms PUR 1000, General Contract Conditions, and PUR 1001, General Instructions to Respondents, incorporated by reference. Prospective Respondents are hereby advised that if any of the terms and conditions in PUR 1000 or PUR 1001 conflict with the any of the terms of the ITB and its attachments, the Agency s ITB and the attachments thereto will prevail. The State of Florida forms issued by the Division of State Purchasing, Department of Management Services, are available at: s_resources/purchasing_forms 1.14 Annual Appropriations The State of Florida s performance and obligation to pay under any Contract awarded pursuant to this ITB is contingent upon an annual appropriation by the Legislature Order of Preference All Responses are subject to the terms and conditions of this ITB, which, in case of any conflict, shall have the following order of precedence as listed below: A. Specifications B. General Instructions to Respondents (PUR 1001) C. General Contract Conditions (PUR 1000) 1.16 Preference Given Printing within the State Pursuant to Section , Florida Statutes, the Agency shall grant a preference to the lowest responsible and responsive Vendor having a principal place of business within this State. The preference shall be five percent (5%) if the lowest bid is submitted by a Vendor whose principal place of business is located outside the State and if the printing can be ITB - DLA State of Florida

7 performed in this State at a level of quality comparable to that obtainable from the Vendor submitting the lowest bid located outside the State Conflict of Interest This ITB and its subsequent Contract are subject to the provisions of Chapter 112, Florida Statutes. Below is a non-exhaustive list of Chapter 112 provisions which relate to Respondents. These sections are highlighted for the convenience of all Respondents, and in no way relieve Respondents from the obligation of complying with all applicable sections of Chapter 112, Florida Statutes. All Respondents must disclose within their Responses whether any officer, director, employee or agent is also an officer or an employee of the State of Florida. All Respondents must disclose the name of any State officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Respondent s firm or any of its branches or affiliates. All Respondents must also disclose the name of any employee, agent, lobbyist, previous employee of the State, or other person, who has received or will receive compensation of any kind, or who has registered or is required to register as a lobbyist under Section , Florida Statutes, in seeking to influence the actions of the Agency in connection with this ITB Disclosure of Response Contents All documentation produced as part of any Response to the ITB will become the exclusive property of the Agency and will not be returned to the Respondent unless it is withdrawn prior to the Response opening in accordance with Section Responses may be disclosed as a public record pursuant to a Chapter 119, Florida Statutes, public records request, subject to any confidentiality claims. The Respondent must segregate any Response materials it asserts are exempt from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled, Attachment to Invitation to Bid, Number DLA No Confidential Material. The Respondent must identify the specific Florida Statute that authorizes exemption of the segregated materials from the Public Records Law. Any claim of confidentiality regarding Response materials the Respondent asserts are exempt from public disclosure which were not segregated as set forth herein, but located elsewhere in the proposal, will be considered waived by the Respondent upon submission, effective after opening Diversity The Agency is dedicated to fostering the continued development and economic growth of minority-owned, veteran-owned, and women-owned businesses. Participation by a diverse group of Respondents doing business with the State is central to the Agency s effort. To this end, minority-owned, veteran-owned, and women-owned small business enterprises are encouraged to participate in the State s procurement process as both Respondents and ITB - DLA State of Florida

8 subcontractors Authorized to do Business in the State of Florida In accordance with Section , Section and Section , Florida Statutes, foreign corporations, foreign limited liability companies and foreign limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the ITB Response due date and time, but in any case, must be obtained prior to the posting of the intended award of the Contract. For authorization, contact: Florida Department of State Tallahassee, Florida (850) Licensed to Conduct Business in the State of Florida If the business being provided requires that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the Response due date and time, but in any case, must be obtained prior to posting of the intended award of the Contract. For licensing information, contact: Florida Department of Business and Professional Regulation Tallahassee, Florida (850) Costs of Developing and Submitting ITB Response Package Neither the Agency nor the State of Florida is liable for any costs incurred by a Respondent in preparing and submitting an ITB Response package. All ITB Response packages become the property of the Agency upon receipt and will not be returned to the Respondent once opened. SECTION 2. RESPONSE INSTRUCTIONS 2.1. Introduction This section contains the General Instructions and Special Instructions to Respondents. The General Instructions to Respondents - PUR 1001 (10/06), State supra, have previously been incorporated by reference. Sections 3 and 5 of PUR 1001 are not applicable to this ITB How to Submit a Response It is the Respondent s responsibility to ensure that its Response is delivered by the date and time specified in Section 1.4, Timeline of Events, to the address specified in this ITB. Responses that are not received by the deadline will be declared non-responsive and will not be considered. Responses will not be accepted by Facsimile Transmission or . ITB - DLA State of Florida

9 The Respondent shall submit, in a sealed package: A. One original version of the Response submittal. B. One scanned copy of the entire Response in Adobe (.pdf) format and the completed Attachment A-Price Sheet on a CD-ROM. Large files should be scanned and attached as separate files. Sealed Response packages shall be clearly marked on the outside of the package with the Respondent s company name and this solicitation number. Submitted paper copies contained within the sealed packages shall be clearly marked with the Respondent s company name and this solicitation number. Responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Respondent s capabilities to satisfy the requirements of this solicitation. Fancy bindings, colorful displays, and promotional material are not desired. The emphasis of each Response shall be on completeness and clarity of content. Respondents that fail to submit all required information will be deemed non-responsive Content of Response Responses are to be organized in sections as directed. Respondents shall complete each section entirely, as any incomplete Response to any section will cause the entire Response to be deemed non-responsive. Each Response, organized and entirely complete in the tabbed sections set forth below, shall be submitted in one sealed package to the Procurement Officer. Each Response shall be organized as follows: Tab 1 A. A cover letter on the Respondent s letterhead transmitting the Response with the following information: 1. Name and headquarters location of the Respondent 2. Primary location from where the work will be conducted B. Respondent s Contact Information (Form 1) C. Non-Collusion Affidavit (Form 2) Tab 2 Mandatory Criteria Affidavit (Form F) Respondents will submit a completed Mandatory Criteria Affidavit (Form F). Respondents will complete the form by answering each question, signing the bottom, and having the executed form notarized. Completion of this form is mandatory. A Respondent must meet the qualifications identified in order to be considered for award. Certain criteria must be ITB - DLA State of Florida

10 validated with supporting documentation. The Agency will not consider Responses from Respondents who answer No to any of the criteria. Tab 3 Form A Price Sheet Respondents will provide prices for all items on Form A Price Sheet as described on the form based on the specifications in Section 3 of this ITB at a fixed price for each item. Price sheet submissions are to be made using Form A-Price Sheet. Failure to complete all fields in the price sheet may result in the Response being deemed non-responsive. Tab 4 Other Required Documentation A. Department of State certificate of status, for a domestic corporation Respondent, or a certificate of authorization for a foreign corporation Respondent. A certificate of status or authorization sets forth the domestic corporation s name or the foreign corporation s corporate name used in this State; that the domestic corporation is duly incorporated under the laws of Florida and the date it was incorporated, or that the foreign corporation is authorized to transact business in this State; that all fees and penalties owed to the Department of State have been paid; that the most recent statutorily mandated annual report has been delivered to the Department of State; and that articles of dissolution have not been filed. B. Certifications In the event that the Agency s evaluation results in identical pricing, the Agency will select a Respondent based on the criteria identified in Rule 60A-1.011, Florida Administrative Code. Please provide the following documentation, if applicable: Certification of Drug-Free Workplace (Form C) Certification of Minority Business Certification of Wartime or Service Disabled Veteran Absent such documentation, these factors cannot be considered in aid of any Response in case of a result finding identical pricing. C. Signed Addenda, if any. D. Manufacturer s, Supplier s or Laboratory Recycled Certification, if applicable. ITB - DLA State of Florida

11 2.4. Additional Information By submitting a Response, the Respondent certifies that it agrees to and satisfies all criteria specified in this ITB. The Agency may request and the Respondent shall provide, supporting information or documentation establishing that the Respondent can satisfy all such criteria. Failure to supply supporting information, or documentation as required and requested, may result in disqualification of the Response. SECTION 3 AWARD 3.1 Basis of Award An award will be made to the responsible and responsive Respondent who submits the LOWEST TOTAL PRICE as describe in Form A Price Sheet attached, who meets the specifications and conditions of this ITB. The Agency reserves the right to reject all Responses. The Agency reserves the right to award as determined to be in the best interest of the State, and to accept or reject any and all Responses, or separable portions, and to waive any minor irregularity, technicality, or omission if the Agency determines that doing so will serve the best interest of the State. 3.2 Response Disqualification Responses that do not meet all requirements, specifications, terms, and conditions of the ITB or fail to provide all required information, documents, or materials may be rejected as nonresponsive. Responses that contain provisions that are contrary to the requirements of the ITB are not permitted. Responses with alternate provisions and conditions that are not consistent with the primary goals of the ITB may be deemed non-responsive. Respondents who fail to submit evidence of their qualifications as required by this ITB may be rejected as not responsible. The Agency reserves the right to determine which Responses meet the requirements of this ITB, and which Respondents are responsive and responsible. 3.3 Posting of Decision The Agency will post a Notice of Intent to Award, stating its intent to issue a Contract to the Respondent identified therein, in the VBS. Any notice of protest of the Agency s decision or intended decision must be filed in writing within seventy-two (72 hours) of the posting of the Agency s decision or intended decision. Any notice of protest of the Agency s terms, conditions, and specifications contained in this ITB must be filed in writing within seventy-two (72) hours of the posting of the Agency s ITB. Any formal written protest must be filed within ten (10) days after the date the notice of protest is filed. A formal written protest is filed when actually received by the Clerk of Agency Proceedings, Heather Sims, General Civil, Collins Building, Suite 428B, 107 West Gaines Street, Tallahassee, Florida, ITB - DLA State of Florida

12 Failure to file a protest within the time prescribed in Section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Section (3)(a), Florida Statutes (2015). 3.4 Bond Must Accompany Protest When protesting a decision or intended decision, (including a protest of the terms, conditions, and specifications of the ITB), the protestor must post a bond at the time of filing the formal written protest that is equal to one percent (1%) of the estimated Contract amount. The estimated Contract amount shall be based upon the price submitted by the protestor or, if no price was submitted, it shall be based upon the Agency s estimate of the Contract amount. In lieu of a bond, the Agency may accept a cashier s check or money order in the amount of the bond. Failure to file a protest within the time prescribed in Section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. NOTE: Hand delivered Notice of Intent to Protest and/or delivery of a bond shall be made at the Gaines Street entrance to the Collins Building. The times of office operation for receipt of a Notice of Intent to Protest and/or formal written protest petition and bid protest bond are 8:00 A.M. to 4:30 P.M. local time, Tallahassee, Florida, Monday through Friday, except Staterecognized holidays. FAILURE TO POST AN ORIGINAL BOND, CASHIER S CHECK OR MONEY ORDER FOR THE REQUISITE AMOUNT AT THE TIME OF FILING THE FORMAL WRITTEN PROTEST WILL RESULT IN A REJECTION OF THE PROTEST. SECTION 4 - CONTRACT SPECIFICATIONS 4.1 Term of Contract The term of the Contract shall be for two (2) years from the date of execution of a Contract by the Agency and the Contractor. The Agency reserves the option to renew the Contract for up to two (2) years, if it is in the best interest of the Agency. If it is determined to be in the best interest of the Agency, a letter of renewal, issued by the Agency, will be executed by both parties approximately sixty (60) days prior to the beginning of the renewal period under consideration. Any such Contract renewal will be under the same terms and conditions as the original Contract at the renewal prices specified in the Contract. ITB - DLA State of Florida

13 4.2 Termination for Cause The Agency reserves the right to immediately terminate the Contract by providing written notice to Contractor/Respondent if the Agency determines any of the following have occurred: A. Contractor knowingly furnished any statement, representation, warranty or certification in connection with the ITB or the Contract, which representation is materially false, deceptive, incorrect, or incomplete. B. Contractor fails to perform to the Agency's satisfaction any material requirement of the Contract or defaults in performance of the Contract. C. The continued performance of the Contract is substantially threatened by the action or inaction of the Contractor, or such occurrence can be reasonably anticipated. D. The State enacts a law which removes or restricts the authority or ability of the Agency to conduct all or part of its function in performing the Contract. Should the Agency give notice of termination for reasons set forth in sub-paragraphs (B) and/or (C) above, Contractor shall have not less than ten (10) calendar days, or as specified by the notice, after receipt of said notice to remedy the failures or problems. If Contractor fails to so remedy, the Agency may order Contractor to cease all work. If the Contract is terminated for cause or unilaterally canceled by the Agency, the Agency shall be obligated only to pay for the goods and services actually delivered and accepted prior to the date of notice of termination, less any liquidated damages or other damages that may be assessed for nonperformance. 4.3 Termination by Mutual Agreement With the mutual agreement of both parties, the Contract or any part of the Contract, may be terminated on an agreed date prior to the end of the Contract period without penalty to either party. 4.4 Termination for Convenience The Agency reserves the right to terminate the Contract or any part of the Contract at its convenience. The Agency shall incur no liability for materials or services not yet ordered if it terminates for convenience. If the Agency terminates for convenience after an order for materials or services has been placed, the Contractor shall be entitled to compensation upon submission of invoices and proper proof of claim, in that proportion which its services and products were satisfactorily rendered or provided, as well as properly documented expenses necessarily incurred in the performance of work up to time of termination. ITB - DLA State of Florida

14 4.5 Insurance, Worker s Compensation The Contractor shall maintain, during the life of this agreement, Worker s Compensation Insurance for all of his/her employees connected with the work of this project. Such insurance shall comply fully with the Florida Worker s Compensation law. In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under the Workmen s Compensation statute; the Contractor shall provide adequate insurance satisfactory to the Agency, for the protection of the employees not otherwise protected. 4.6 Contractor's Responsibilities upon Termination After receipt of a Notice of Termination, and except as otherwise specified by the Agency, Contractor shall: A. Stop work under this Contract on the date, and to the extent specified in the notice; B. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under this Contract that is not terminated; and C. Complete performance of such part of the work as shall not have been terminated by the Agency. 4.7 E-Verify Contractors shall utilize the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term, and include in subcontracts an express requirement that subcontractors performing work or providing services pursuant to the State Contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 4.8 Governing Law & Venue The Contract shall be entered into in the State of Florida, and shall be construed, performed and enforced in accordance with the laws of the State of Florida. If any term or provision of the Contract is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the Contract shall remain in full force and effect. Any and all litigation arising under this Contract shall be instituted in the appropriate court of general jurisdiction in Leon County, Florida. The Contractor is responsible for complying with any and all applicable local, State or national codes and/or ordinances. 4.9 Preferred Price The Contractor agrees to submit to the Agency, at least annually, an affidavit from an authorized ITB - DLA State of Florida

15 representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 4(b) of PUR 1000 (See Section 1.9, State Purchasing Forms) Default Failure of the Contractor to perform according to the Contract shall be cause for the Contractor to be found in default. In the event of default, any and all procurement costs, along with any other remedies provided in the ITB, Contract and/or by rule or law, may be charged against the Contractor Indemnification The Agency will not assume any liability for the acts, omissions to act, or negligence of the Contractor, its agents, servants, subcontractors or employees. The Contractor shall assume all liability for its own acts, omissions to act, or negligence of its agents, servants, subcontractors, or employees. In addition, the Contractor agrees to be responsible for any injury or property damage resulting from any activities conducted by the Contractor, its agents, servants, subcontractors, or employees. Neither the Agency nor any Agency or subdivision of the State of Florida waives any defense or sovereign immunity, or increases the limits of its liability, upon entering into any contractual arrangement resulting from this ITB Geographic Location of Data and Services The State of Florida requires that all data generated, used, or stored by the Contractor pursuant to the Contract will reside and remain in the U.S. and will not be transferred outside of the U.S. The State of Florida also requires that all services provided under the Contract will be performed by persons located in the U.S Taxes The Agency is generally exempt from all federal, State and local taxes and no such taxes shall be included in the price of the Contract. The Agency shall have no responsibility for the payment of taxes which become payable by the Contractor or its subcontractors in performance of the Contract Contractor Responsibility The Agency will consider the Contractor to be the sole point of contact with regard to contractual matters. The Contractor will assume sole responsibility for providing the commodities and services offered in its proposal whether or not the Contractor is the supplier of said commodities and services or any component Assignment of the Contract The Contract shall not be assignable except with the prior written approval of the Agency. Monies which become due hereunder are not assignable except with the prior written approval of the ITB - DLA State of Florida

16 Agency, and the concurrence of the Department of Financial Services. In the event of such approval, the terms and conditions hereof shall apply to and bind the party or parties to whom the Contract is assigned as fully and completely as the Contractor is hereunder bound and obligated. No assignment, if any, shall operate to release the Contractor from its liability for the prompt and effective performance of its obligations under the Contract. SECTION 5 SCOPE OF WORK 5.1 Specifications The required specifications for the Consumer Guide to the Florida Lemon Law, Guides, including, but not limited to, the quantity, required components, proofs, delivery, and assembly are as described in Appendix A, Specifications to this ITB. The Contractor awarded the Contract will be required to print and deliver an estimated 1,038,000 copies of the Consumer Guide to the Florida Lemon Law Guides divided into semi-annual printing jobs. Background: Over the past several years the annual number of Guides printed was approximately 783,306, with an increase in 2015 to 1,038,000. The estimated number of Guides is expected to remain around 1,038,000 annually for this Contract period. The estimated number of Guides is based on past and anticipated sales of automobiles in the State. Should the sales drop or increase during the six months preceding any semi-annual printing, the number of Guides requested will be adjusted accordingly. In the event automobile manufacturers require additional Guides referred in this ITB as Optional Orders, in addition to the semi-annually printing specified herein, the Contractor will fulfill this request upon mutual consent at agreed upon quantities and at the prices listed in the Contract. The first printing and delivery will be in January 2017 and the second printing and delivery will be in July The Contractor will be required to ensure the Guides are received by the Manufacturers listed in Appendix B, no later than sixty (60) calendar days after issuance of a Purchase Order under the Contract. Purchase orders will be issued to the Contractor approximately sixty (60) days prior to the required receipt date of the Guides in order to facilitate the printing and delivery. No prints or reprints or otherwise prepared copy of any of the work under these specifications shall be sold or distributed except on specific authority in writing from the Agency. The purpose of publishing this Guide is to provide information regarding Chapter 681, Florida Statutes. In the event of legislative or regulatory change requiring revision of the Guide during the term of this Contract, changes to the camera ready artwork will be provided with a Purchase Order issued under the Contract. 5.2 References The Respondent shall provide the business name and address, point of contact and telephone ITB - DLA State of Florida

17 number of three (3) firms with whom the Respondent has completed a printing job of a similar or larger size than this job during the past year. To be considered for an award, all references must indicate the Respondent has completed in a satisfactory manner a printing job of this size or larger. 5.3 Invoicing Invoicing shall be submitted semi-annually upon shipment of the Guides. The invoice must be sent to the Contract Manager and provide details concerning shipments made to each of the addresses in Appendix B. Should there be additional printing at the request of an automobile manufacturer, a separate invoice/s should be prepared and sent to the Contract Manager. Invoices must cite the Purchase Order number for which the printing job was initiated. 5.4 Acceptance of the Guides Acceptance of the Guides shall be pursuant to Section , Florida Statutes. 5.5 Recycled Paper Respondents are encouraged, but are not required, to submit pricing for recycled paper in the bid package. If pricing for recycled paper is included in the bid package, technical documentation from the manufacturer that includes the percentage of recovered materials contained in specified commodities will be required. The specifications enumerated in Section 2.1, Contract Award, shall prevail. This space intentionally left blank. ITB - DLA State of Florida

18 FORM A -PRICE SHEET PRINTING OF THE CONSUMER GUIDE TO THE FLORIDA LEMON LAW Prices are to be net inside delivered bid Price per Guide, (FOB Destination), based on the Consumer Guide to the Florida Lemon Law Printing Specifications included herein. The Per Guide price cannot be extended beyond the ten thousandth place. (.0000) Prices will be evaluated based on the Price Weights shown in the Price Table below (Price x the Price Weight = Evaluated Price.) The Evaluated Prices will be added together and Respondents will be ranked based on the Total Evaluated Price of all items below, with the lowest price ranked number one. If a Respondent does not price all items on the price sheet the Price Sheet will not be evaluated. Optional Orders as used in the ITB and shown in the Price Table below, are defined as extra orders placed separate from the semi-annual orders. The prices for the semi-annual orders will be as shown in the Table below for the Initial Price per Guide and Renewal Price per Guide. Initial Orders: Years 1 2 Initial Term Initial Price Per Guide Price Weight Evaluated Price Initial Years 1 2: (Based on estimated $ 35% $ semi-annual order of 519,000 Guides) Initial Orders: Renewal Price Per Guide Years 3-4 Renewals Renewal Years 3 & 4: (Based on estimated $ 35% $ semi-annual order of 519,000 Guides) Optional Orders: Years 1 2 Initial Term Initial Price Per Guide - Optional Orders 100-5,000 Guides $ 5% $ 5,001-25,000 Guides $ 5% $ 25, ,000 Guides $ 5% $ Optional Orders: Years 3-4 Renewals Renewal Price Per Guide- Optional Orders 100-5,000 Guides $ 5% $ 5,001-25,000 Guides $ 5% $ 25, ,000 Guides $ 5% $ Total Evaluated Price $ RESPONDENT ADDRESS CITY DATE SIGNATURE CONTACT NAME CONTACT TELEPHONE # FEID # STATE/ZIP By affixing my signature, I am confirming that I have read and understand the terms and conditions of this ITB and that I am the individual authorized to bind my firm/organization to the same terms and conditions of this ITB and the pricing offered herein. ITB - DLA State of Florida

19 FORM B REFERENCE LIST PRINTING OF THE CONSUMER GUIDETO THE FLORIDA LEMON LAW 1. Company Name: Point of Contact: Address: Telephone #: 2. Company Name: Point of Contact: Address: Telephone #: 3. Company Name: Point of Contact: Address: Telephone #:

20 FORM C FLORIDA DEPARTMENT OF LEGAL AFFAIRS OFFICE OF THE ATTORNEY GENERAL DRUG-FREE WORKPLACE PROGRAM CERTIFICATION , Florida Statutes. Preference to businesses with drug-free workplace programs. Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drugfree workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) calendar days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee s community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the indicated requirements. SIGNATURE: DATE: PRINTED NAME: REPRESENTING: (Name of Company) ITB - DLA State of Florida Invitation to Bid

21 FORM D RESPONDENT S CONTACT INFORMATION The Respondent shall identify the following contact information: For ITB purposes, the Respondent s contact person shall be: Name of Respondent Title of Respondent Address of Respondent s Headquarters Federal Employer Identification (FEID) Number Respondent s Telephone Number Respondent s Facsimile Number Respondent s Should the Respondent be awarded the Contract, the Contractor s representative shall be: Name of Contractor s Representative Title of Contractor s Representative Physical Address of Contractor s Representative Mailing Address of Contractor s Representative Contractor s Representative Telephone Number Contractor s Representative Facsimile Number Contractor s Representative ITB - DLA State of Florida Invitation to Bid

22 STATE OF COUNTY OF FORM E NON-COLLUSION AFFIDAVIT I State that I of am authorized to make this affidavit on behalf of my firm and its owner, directors and officers. I am the person responsible in my firm for the price(s) and amount(s) of this Response, and the preparation of the Response. I state that: 1. The price(s) and amount(s) of this Response have been arrived at independently and without consultation, communication or agreement with any other provider, potential provider, Response, or potential respondent. 2. Neither the price(s) nor the amount(s) of this Response, and neither the approximate price(s) nor approximate amount(s) of this Response, have been disclosed to any other firm or person who is a provider, potential provider, Response, or potential respondent, and they will not be disclosed before Response opening. 3. No attempt has been made or will be made to induce any firm or persons to refrain from submitting a Response for this Contract, or to submit a price(s) higher than the prices in this Response, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Response. 4. The Response of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Response. 5., its affiliates, subsidiaries, officers, director, and employees are not currently under investigation, by any governmental Agency and have not in the last three (3) years been convicted or found liable for any act prohibited by State or federal law in any jurisdiction, involving conspiracy or collusion with respect to the Response, on any public contract, except as follows: I state that I and the named firm understand and acknowledge that the above representations are material and important, and will be relied on by the State of Florida for which this Response is submitted. I understand and my firm understands that any misstatement in this affidavit is, and shall be treated as, fraudulent concealment from the State of Florida of the true facts relating to the submission of Responses for this contract. Dated this day of Name of Organization: Signed by: Print Name being duly sworn deposes and says that the information herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this day of Notary Public: My Commission Expires: ITB - DLA State of Florida Invitation to Bid

23 Terms: FORM F MANDATORY CRITERIA AFFIDAVIT The Respondent acknowledges that the Agency will rely on the representations made on this form in making its decision of award. If the Agency discovers that any of the information on this form is false prior to the award of the contract, the Agency will determine the Respondent non-responsive and not evaluate its Response. If the Agency discovers that any information on this form is false after the award to the Respondent is made, the Agency reserves the right to terminate the contract and the Respondent will be liable for costs associated with reproducing the services. The Agency reserves the right to independently verify the veracity of the statements made in this form. Write yes or no next to each question, sign the form, and have the form notarized in the space provided. Does Respondent certify that they agree to the terms above? Does Respondent certify that the person submitting the Response is authorized to respond to this ITB on Respondent s behalf? Does Respondent certify that it is not a Convicted Vendor or Discriminatory Vendor as defined in Sections 7 and 8 of the PUR 1001? Does Respondent certify compliance with section 9 Respondent s Representation and Authorization of the PUR 1001? Does Respondent certify that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List? As the person authorized to sign the statement, I certify that this organization complies fully with the above requirements. False statements are punishable at law. Dated this day of Name of Organization: Signed by: Print Name: Being duly sworn deposes and says that the information herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this day of Notary Public: My Commission Expires: ITB - DLA State of Florida Invitation to Bid

24 APPENDIX A PRINTING SPECIFICATIONS All work, including press work, shall be neat, even in impression, uniform in lines and perfect register. The margins shall be uniform on each page with uniform appearance in the finished work. Only quality materials shall be used. Item: Consumer Guide to the Florida Lemon Law Estimated Number of Copies Required: 519,000 copies semi-annually for an annual quantity of 1,038,000 copies Number of Pages/Description (See diagrams in Attachments A, B and C): Total of 16 Pages: when folded to 8 ½ x 5 ½ including front and back cover (not included carbonless form) as follows: 3-8 ½ x 11 signatures printed front & back Cover page front and back Carbonless Form Insert: 3-part carbonless form printed black ink front side only. Carbonless form, glue with fan apart as usual. Perforate carbonless form 4 7/8" from fan apart glued edge 1/8 short of open edge (see diagram in Exhibit. This form will be the first signature inserted into the stitched Guide as the first signature next to the cover, with glued edge 1/8 short of open edge. Cover Size: Full Bleed 8 ½ x 11 (folded to 8 ½ x 5 ½ ) Page Size: 8 1/2" x 11" folded to 8 ½" x 5 ½ Stock: Cover = # 65 or # 67 Vellum Bristol cover. Color to be cream, ivory or natural. Composition: Pages = Text weight # 65 offset white, un-coated. Carbonless Form Insert = 3-part white, canary and pink. All camera-ready artwork will be supplied by the Agency with the Purchase Orders issued under the Contract. Ink: Cover = Pantone 1605 U & Black (2/2) Pages = Pantone 1605 U & Black (2/2) Carbonless Form Insert = Black (1/0) ITB - DLA State of Florida Invitation to Bid

25 APPENDIX A PRINTING SPECIFICATIONS Proofs: Initial color proof is required to be submitted for approval within 7 (seven) days of receipt of a Purchase Order under the Contract to: Office of Attorney General Lemon Law Arbitration Program ATTN: Kairi Sisask Capitol, PL-01 Tallahassee, Florida Binding: Collated, Inserted, Stapled and Trimmed. Carbonless Form: 3-part carbonless form, 8 ½" x 11", color sequence to be white/canary/pink, print black ink, glue and perforate. Form is to be inserted as the first signature after the cover with the glued edge to the left and stapled into the Guide (See Number of Pages/Description). Delivery: Sixty (60) days after issuance of a Purchase Order issued pursuant to the Contract. Delivery Point: FOB Destination, as specified on shipping list provided by the Agency. Shipping Locations and Charges: Shipping charges shall be paid by the Contractor. Appendix B is the shipping list showing the locations and estimated quantities for shipping. There may be minor changes to the shipping list periodically; consequently, this list shall be used to estimate shipping charge which shall be included in the per Guide price. ITB - DLA State of Florida Invitation to Bid

26 APPENDIX B - ARBITRATION PROGRAM GUIDE DISTRIBUTION LIST This distribution list is provided to indicate the different locations to which the Guides will be shipped. The actual number of Guides to be shipped per location will be included as an attachment to the Purchase Orders issued under the Contract. The number of Guides listed for each manufacturer is an estimate of the number of Guides shipped to that particular manufacturer under the previous contract. However, the numbers are provided for planning purposes only and do not indicate the actual number of Guides to be shipped under a new Contract. January 2016 Shipments Manufacturer Address 1 Address 2 Shipping Quantity Allied Recreation Group 1031 US 224 E Decatur, IN American Honda Motor Co Plymouth Road Livonia, MI ,000 Bentley Motors, Inc. Agero, 1401 S. Pantano Rd. Tuscon, AZ ,250 Coachmen RV 423 N. Main Street, Plant 210 Middlebury, IN Dialog Direct 350 Victor Street Highland Park, MI ,000 Ferrari 250 Sylvan Ave. Englewood Cliffs, NJ Fiat Chrysler Automobiles Boggy Creek Road Orlando, FL ,000 Hyundai Motor America 2155 Breckinridge Blvd., Suite 100 Lawrenceville, GA ,000 Jayco, Inc. 903 S. Main Street Middlebury, IN Kia Motors America Glovis USA, 2000 Webb Road West Point, GA ,000 Kia Motors America Glovis USA, 1 Joe Frank Harris Blvd. Brunswick, GA ,000 Mclaren Automotive 750 Third Avenue, Suite 2400 New York, NY Mercedes Benz - Brunswick VPC Mercedes-Benz-Brunswick VPC, 101 Jointer Creek Rd. Brunswick, GA ,000 Nissan North America Nissan North America, Inc., 301 Gills Orlando, FL ,000 Drive, Suite 100 Pleasure Way Industries Ltd. 302 Portage Ave. Saskatoon, SK S7J 4C6, 100 Canada Porsche Cars North America One Porsche Drive Atlanta, GA ,000 RoadTrek Motorhomes 100 Shirley Ave. Kitchener, ON N2B 2E1, 250 Canada Rollx Vans 6591 W. Highway 13 Savage, MN Southeast Toyota 1751 Talleyrand Ave. Jacksonville, FL ,002 Subaru of America Subaru of America, 3 Executive Cherry Hill, NJ ,587 Campus, Suite 170 Thor Motor Coach, Inc. Thor Motor Coach, Inc., 701 County Elkhart, IN Rd. 15, P.O. Box 1486 Tiffin Motorhomes, Inc nd Street NW Red Bay, AL ,000 Toyota MDC (Toyota Motor Sales, Toyota MDC, 450 West Apra St., Compton, CA ,000 Lexus Division) MS01 Triple E RV 2421 S. Nappanee Street Elkhart, IN Volkswagen Group of America, Inc Gantz Road Grove City, OH ,000 ITB - DLA State of Florida Invitation to Bid