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<br />*"18. Public Records. Florida law generously defines what
<br />constitutes a public record; see, for example, section 119.07 of the Florida
<br />Statutes. If a respondent believes that its response contains information
<br />that should not be a public record, the respondent shall clearly segregate
<br />and mark that information (for example, placing the material in a separate
<br />electronic file, and including the word -Confidential- in the filename) and
<br />briefly describe in writing the grounds for claiming exemption from the
<br />public records law, Including the specific statutory citation for such
<br />exemption.
<br />
<br />19. Protests. Any protest concerning this solicitation shall be made in
<br />accordance with sections 120.57(3) and 287.042(2) of the Florida
<br />Statutes and chapter 28-110 of the Florida Administrative Code.
<br />Questions to the Procurement Officer shall not constitute formal
<br />notice of a protest. It is the Buyer's intent to ensure that
<br />specifications are written to obtain the best value for the State and
<br />that specifications are written to ensure competitiveness, fairness,
<br />necessity and reasonableness in the solicitation process.
<br />
<br />Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin.
<br />Code require that a notice of protest of the solicitation documents
<br />shall be made within seventy-two hours after the posting of the
<br />solicitation.
<br />
<br />Section 120.57(3)(a), F.S. requires the following statement to be
<br />Included in the solicitation: "Failure to file a protest within the time
<br />prescribed in section 120.57(3), Florida Statutes, shall constitute a
<br />waiver of proceedings under chapter 120, Florida Statutes."
<br />
<br />Section 28-110.005, Fla. Admin. Code requires the following
<br />statement to be included in the soiJcitation: -Failure to file a protest
<br />within the time prescribed in Section 120.57(3), Florida Statutes, or
<br />failure to post the bond or other security required by law within the
<br />time allowed for filing a bond shall constitute a waiver of
<br />proceedings under Chapter 120, Florida Statutes."
<br />
<br />DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO
<br />SUBMISSION INSTRUCTIONS IN THE BID DOCUMENT.
<br />
<br />.. DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO
<br />SPECIAL CONOITIONS IN THE BID DOCUMENT.
<br />
<br />(PUR 1001 - 6OA-1.002(7), F_A.C.)
<br />
<br />GENERAL CONTRACT CONDITIONS
<br />
<br />1.
<br />
<br />Definitions. The definitions contained in s. 60A-1.001, FAC. shall
<br />apply to this agreement. The following additional terms are also
<br />defined:
<br />
<br />(a) "Contracf means the legally enforceable agreement that
<br />results from a successful solicitation. The parties to the
<br />Contract will be the Customer and Contractor.
<br />(b) "Customer" means the State agency or other entity that will
<br />order products directly from the Contractor under the Contract.
<br />(c) "Product" means any deliverable under the Contract, which
<br />may include commodities, services, technology or software.
<br />(d) "Purchase order" means the form or format a Customer uses
<br />to make a purchase under the Contract (e.g., a formal written
<br />purchase order, electronic purchase order, procurement card,
<br />or other authorized means).
<br />
<br />2.
<br />
<br />Purchase Orders. A Contractor shall not deliver or furnish products
<br />until a Customer transmits a purchase order. All purchase orders
<br />shall bear the Contract or solicitation number, shall be placed by
<br />the Customer directly with the Contractor, and shall be deemed to
<br />incorporate by reference the Contract and solicitation terms and
<br />conditions. Any discrepancy between the Contract terms and the
<br />terms stated on the Contractor's order form, confirmation, or
<br />acknowledgement shall be resolved in favor of terms most
<br />favorable to the Customer. A purchase order for services within the
<br />ambit of section 287.058(1) of the Florida Statutes shall be deemed
<br />to incorporate by reference the requirements of subparagraphs (a)
<br />through (f) thereof. Customers shall designate a contract manager
<br />and a contract administrator as required by subsections
<br />287.057(15) and (16) of the Florida Statutes.
<br />
<br />3.
<br />
<br />Product Version. Purchase orders shall be deemed to reference a
<br />manufacturer's most recently release model or version of the
<br />product at the time of the order, unless the Customer specifically
<br />requests in writing an earlier model or version and the contractor ;s
<br />willing to provide such model or version.
<br />
<br />4.
<br />
<br />Prloe Changes Applicable only to Term Contracts. If this is a
<br />term contract for commodities or services, the following provisions
<br />apply.
<br />
<br />(s) Quantltv Discounts. Contractors are urged to offer additional 5.
<br />discounts for one time delivery of large single orders.
<br />Customers should seek to negotiate additional price
<br />concessions on quantity purchases of any products offered
<br />under the Contract. State Customers shall document their
<br />files accordingly.
<br />
<br />(b) Best PrlclnQ Oller. During the Contract term, if the Customer
<br />becomes aware of better pricing offered by the Contractor for
<br />substantially the same or a smaller quantity of a product
<br />outside the Contract, but upon the same or similar terms of the
<br />Contract, then at the discretion of the Customer the price
<br />under the Contract shall be immediately reduced to the lower
<br />price.
<br />
<br />(c) Sales Promotions. In addition to decreasing prices for the
<br />balance of the Contract term due to a change in market
<br />conditions, a Contractor may conduct sales promotions
<br />involving price reductions for a specified lesser period. A
<br />Contractor shall submit to the Contract Specialist
<br />documentation identifying the proposed (1) starting and ending
<br />dates of the promotion, (2) products involved, and (3)
<br />promotional prices compared to then~authorized prices.
<br />Promotional prices shall be available to all Customers. Upon
<br />approval, the Contractor shall provide conspicuous notice of
<br />the promotion.
<br />
<br />(d) Trade-In. Customers may trade-in equipment when making
<br />purchases from the Contract. A trade-in shall be negotiated
<br />between the Customer and the Contractor. Customers are
<br />obligated to actively seek current fair market value when
<br />trading equipment, and to keep accurate records of the
<br />process. For State agencies, it may be necessary to provide
<br />documentation to the Department of Financial Services and to
<br />the agency property custodian pursuant to Chapter 273, F.S.
<br />
<br />(e) EQuitable Adlustment. The Customer may, in its sole
<br />discretion, make an equitable adjustment in the Contract terms
<br />or pricing if pricing or availability of supply is affected by
<br />extreme and unforeseen volatility in the marketplace, that is,
<br />by circumstances that satisfy all the following criteria: (1) the
<br />volatility is due to causes wholly beyond the Contractor's
<br />control, (2) the volatility affects the marketplace or industry,
<br />not just the particular Contract source of supply, (3) the effect
<br />on pricing or availability of supply is substantial, and (4) the
<br />volatility so affects the Contractor that continued performance
<br />of the Contract would result in. a substantial loss.
<br />
<br />Additional Quantities. For a period not exceeding ninety (90) days
<br />from the date of solicitation award, the Customer reserves the right
<br />to acquire additional quantities up to the amount shown on the
<br />solicitation but not to exceed the threshold for Category Two at the
<br />prices submitted in the response to the solicitation.
<br />
<br />6. Packaging. Tangible product shall be securely and properly
<br />
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