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<br />InstructionS to Respondents (PUR 1001),
<br />General Çondftions (PUR 1000), and
<br />IntroductOlY Materials.
<br />
<br />The Buyer objects to and shall no1 consider any additionaltennS or
<br />conditions submitted by a respondent, including any appearing In
<br />documents a\\ached as part 01 a respondent's response. in
<br />submitting its response, a respondent agrees that any additional
<br />\anns or condftlons, whether submitted Intentionally or
<br />inadvertently, shall have no force or enect. Failure to comply with
<br />tenns and conditions. Including those specifying Infonnation that
<br />must be submitted with a response, shall be grounds tor rejecting a
<br />response.
<br />
<br />'5. Questions. Respondents shall address all questions ragardlng this
<br />solicitation to the Procurement Officer. QuestionS must be
<br />submitted via the Q&A Board within MyFloridaMarketplaCe and
<br />must be RECEIVED NO LATER THAN the time and date reflected
<br />on \he Timeline, QuestiOns shall be answered In accordance with
<br />the Timeline. All questions submitted shall be published and
<br />answered in a manner that all respondents will be able to view.
<br />Respondents shall no1 contact any other employee of the Buyer or
<br />the State for information with respect to this soliclta1ion. Each
<br />respondent is responsible for monitoring the MyAoridaMarketPlace
<br />site for n"" or changing infom"lation. The Buyer shall no1 be bOund
<br />by any verbal information or by any written infonnation \hat is not
<br />contained within the solicitation doCuments or fonnally no1iced and
<br />issued by the Buyer's contracting personnel. Questions 10 the
<br />Procurement Officer or to any Buyer personnel shalt not constitute
<br />formal protest of the specifications or of the solicitation, a process
<br />addressed in paragraph 19 of these Instructions.
<br />
<br />6. ConlUct of Intereet. This solicitation is subject to chaPter 112 of
<br />the Florida Slatules, Respondents shall disciOse with their
<br />response the name of any officer, director. employee or other agent
<br />who is also an employee of the Slate. Respondents shall also
<br />disclose the name of any State employee who owns, directly or
<br />indirectly, an interest of five percent (5%) or more in the respondent
<br />Of itS affi!\ates.
<br />
<br />7. convicted Vendors. A person or affili.te plaCed on \he convicted
<br />vendor iist fo\lowing a conviction ior a public entity crime is
<br />prohibited from doing any of the following for a period of 36 months
<br />from the date of being piaced on the convicted vendor list:
<br />submittIng a bid on a contract to provide any goodS or services
<br />to a public entity:
<br />submitting a bid on a contract with a public entity for the
<br />constructiOli or repair of a pub"c building or public work;
<br />submitting bids on leases of real property to a public entity;
<br />being awarded or performing work as a contractor, supplier I
<br />subcontractor, or consultant under a contract with any publiC
<br />entity; and
<br />transacting business with any public entity in excess of the
<br />Category Two 1hreshold amount ($25,000) provided in section
<br />287.017 of the Florida Statutes.
<br />
<br />8. Discriminatory Vendors. An entlly or affiliate piaced on the
<br />discriminatory vendor list pursuant to section 287.134 of the Floride
<br />Statules may not:
<br />submit a bId on a contract to provide any goods or services to
<br />. public entity;
<br />submn a bid on a contract with a public entity ior the
<br />construction or repair of a public building or public work;
<br />submit bids on leases of real property to a public entity;
<br />be awarded or pertorm work as a contractor, supplier, sub-
<br />contractor, or consultant under a contract with any public
<br />entìty; or
<br />transact business with any public entity,
<br />
<br />9. Respondent's RepresentatIon end Authorization. In submitting
<br />a response. each respondent understands, represents. and
<br />acknowledges the fotlowing (if the respondent cannot so certily to
<br />any of following, the respondent shall submit with its response a
<br />written exPlanation of whY it cannot do so).
<br />The respondent is not currently under suspension or
<br />debarment by the State or any other governmental authOrity.
<br />
<br />To the best of the !<nowledge of the person signing the
<br />response, the respondent, 1\8 affiliates, subsidiaries, directors.
<br />officers, and employees are not currently under investigation
<br />'fY'/ any governmentalauthOrily and have not in the last ten (10)
<br />years been convicted or found liable for any act prohibited by
<br />law in any jurisdiction, involving conspiracy or collusion with
<br />respect to bidding on any public contract.
<br />To \he best of the !<now\edge of the person signing the
<br />response, the respondent has nO delinquent obligations to the
<br />State, including a claim 'fY'/ the State for liquidated damages
<br />under any other contract.
<br />The submission is made in good faith and not pursuant to any
<br />agreement or diSCussion with, or inducement from, any firm or
<br />parson to submit a compiementary or other noncompetitive
<br />response.
<br />The prices and amounts have been arrived at independently
<br />and withOut consultation, communication, or agreement with
<br />any other respondent or potentiai respondent; neither the
<br />prices nor amounts, actuai or approximate, have been
<br />disclosed to any respondent or potential respondent, and they
<br />will not be disclosed befora the solicliation opening.
<br />The respondent has fuily informed the Buyer in wrfting of ali
<br />convictions of the firm, Its affiliates (as defined in section
<br />287.133(1)(a) of the Florida Statutes), and all directors,
<br />offICers. and employeeS of the firm and Its attiUates for
<br />violation of state or federal antitrust laws with respect to a
<br />public contract for violation of any state or federal law involving
<br />fraud, bribery, caUusion, conspiracy or material
<br />misrepresentation with respect to a public contract. This
<br />includes disclosure of the names of current employees who
<br />were convicted of contract cnmes wtlUe in the emploY of
<br />another company.
<br />Nenher the respondent nor any person associated with it In the
<br />capacity ot owner, partner, director, officer, principal.
<br />investigator, project director, manager, auditor, or position
<br />involving the administration of federal funds:
<br />Has within the preceding three years been convicted of or
<br />had a civil judgment rendered against them or is
<br />presently indicted for or otherwise criminally or civilly
<br />charged for: commissIon of fraud or a criminal offense ifl
<br />connection wìth obtainiflg, atlemptir\g to obtain, or
<br />performing a federal, state, or loCal government
<br />transaction or publiC contract; violation of lederal or state
<br />antitrUSt statutes; or commission of embezzlement, theft,
<br />forgery, bribery, falsification or destruction of records,
<br />making false statements, or receivìng stolen property; or
<br />Has within a three-year period preceding this certification
<br />had one or more federal, state, Of local government
<br />contracts terminated for cause or default.
<br />The product offered by the respondent will conform to the
<br />specifications withOut exception.
<br />The respondent has read and understarlds the Contract terms
<br />and conditions, and the submission \s made in conformance
<br />with those terms and conditions.
<br />If an award is made to the respondent, the respondent agreeS
<br />that Ii intends to be legally bound to the Contract that is
<br />tanned with the State.
<br />The respondent haS made a diiigent 'Inquiry of its employees
<br />and agents responsible for preparing, approving, or submitting
<br />the response, and has been advised by each of them that he
<br />or she has not participated in any communìcatlon,
<br />consuttation, discUSsion, agreement, collusion, act or other
<br />conduct inconsistent with any of the statements and
<br />representations made in the response.
<br />The respondent shall Indemnify, defend, and hold hannless
<br />\he Buyer and its employeeS ag.inst any cost, damage, or
<br />expense which may be incurred or be caused by any error in
<br />the respondent's preparation of its bid.
<br />All information provided by, and representations made by, the
<br />respondent afe material and important and wilt be relied upon
<br />'fY'/ the Buyer In awarding the contrac\. AnY misstatement
<br />shall be treated as iraudulent concealment from the Buyer of
<br />the true facts relating to submission of the bid. A
<br />misrepresentation shall be punishable under law, including,
<br />but not iimlted to, Chapter 617 of the Florida Statules.
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