This page last reviewed/updated: 7/11/2013
Receipt and Opening of Formal Invitation To Bid (ITB)/Request for Proposal (RFP)
It is the vendor's sole responsibility to ensure that a response is physically delivered to The University of West Florida (UWF) prior to the time and the date specified. Do not include more than one response per envelope. Late responses will not be opened and will be rejected unopened, regardless of the degree of lateness or the reason related thereto, including causes beyond the control of the vendor.
Likewise, vendors must ensure that responses submitted are sealed prior to delivery. Either an envelope or box may be used. The container must be clearly marked with vendor name, submittal address, ITB/RFP number, date and time of opening.
The public is invited, but not required, to attend formal openings. The responses will be opened by a designated official on the date and time specified. The public reading of the ITB will consist of the name of the firm and pricing; the public reading of a RFP will consist of the names of firms who submitted responses, but will not include pricing information. No activity on the part of vendors at an opening, other than attendance and note taking, is permitted. Any attempt to qualify or change any response by any vendor in attendance may result in the rejection of that respondent's bid, or proposal response. Prices will available to the public when practical. No decisions related to an award of a contract or purchase order will be made at the opening.
All responses and tabulation sheets are kept by UWF for a period of time established by regulation or statute after the award is made. Inspection or examination of bids/proposal responses are available for inspection during normal working hours by appointment, upon notice of a decision or intended decision, or within 10 days after opening, whichever is earlier.
Cancellation of Invitation to Bid/Request for Proposal/Invitation to Negotiate
A solicitation may be cancelled any time prior to an award.
Bonding and Sureties
While there may be cases where bid bonds, payment bonds, or performance bonds are required, UWF is committed to use bonds only when specifically justified. Bonding is recognized as a possible impediment to a new or a small business enterprise and, as such, is not called for on a routine or general basis.
Correspondence Concerning Bids
Any question concerning the bid/request for proposal should be directed in writing to the purchasing agent whose name and telephone number is listed on the solicitation document. The person corresponding should specify the solicitation number and the opening date. No interpretation shall be considered binding unless provided in writing.
Prior to submission of response to solicitation, errors may be corrected by lining out and entering the substituted words or figures. The change shall be initialed by the person signing the response. In the case of errors in the extension of price, the unit price will govern. Vendors are urged to examine all documents before submission, failure to do so will be at vendor's risk.
Modification or Withdrawal of Solicitation Responses
Solicitation responses may be modified or withdrawn prior to the opening date and time specified. Generally, solicitation responses may be withdrawn after the opening. Request for withdrawal may be considered if received by UWF in writing within 72 hours after the bid/proposal opening time and date. Requests received in accordance with this provision may be granted by UWF upon proof of the impossibility to perform based upon an obvious error on the part of the bidder or offeror. Bidders may be allowed to clarify a specific portion of a bid upon request of the purchasing agent.
Criteria for Award
The criteria to be applied for an award will be incorporated into the ITB/RFP.
Samples and/or Literature
Any samples or descriptive literature requested must be provided free of charge. Samples which are not destroyed by testing will be returned, at the vendor¹s expense, upon request. Samples submitted by successful vendors may be kept for the duration of the contract for comparison with shipment(s) received.
Unless a vendor specifies otherwise in the bid, it is assumed that the vendor is bidding in strict accordance with the specifications in the ITB. When merchandise is received that does not meet these specifications, it will be returned to the vendor, shipping charge collect.
All supplies and equipment offered and furnished must be new and of current production unless the ITB specifically permits offer of used or recycled items. Remanufactured or reconstructed items are not considered new.
UWF may desire new equipment employing trade-ins or used equipment. In such cases, a trade-in price quotation will be requested of trade-in purchases and a separate price quotation without trade-in for the requested equipment. UWF reserves the right to purchase equipment either with or without the trade-in.
Substitution is defined as shipment of an item that materially conforms to the specifications but is technically different from the item bid. Substitution requires the approval of the buyer prior to shipment. Any products delivered that do not meet the specifications will be returned to the vendor at the vendor's expense. When a shipment or product is returned, the vendor must make immediate replacement with acceptable merchandise or UWF may seek remedies for default.
If it is necessary to back order any items, the vendor should notify UWF and advise of expected delivery or shipment date. If this date is not acceptable, UWF may seek remedies for default.
Default by Vendor
In case of any default by the contractor, UWF may procure the product or service from other sources and hold the contractor responsible for any damages incurred including, but not limited to, excess cost or handling charge. UWF has the right to remove from its vendor lists any contractor who defaults on any contract.
All packaging must conform to standard commercial packaging and meet ICC regulation. A packing slip or invoice must accompany all shipments and reference the Purchase Order Number.
A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from The University of West Florida, may be contacted at 850/474-2636.
All materials, equipment, and supplies are subject to inspection and test. Items that do not meet specifications will be rejected.
After delivery of commodities or services ordered, the vendor must prepare and submit an original and appropriate number of copies of the invoice for payment to UWF in the purchase order or contract.
Vendors can expedite payment by preparing and mailing in accordance with the instructions given on the purchase order. For large orders requiring partial or periodical deliveries and involving sizable amounts of money, separate invoices may be submitted for each delivery.
The contractor shall be paid upon submission of properly completed invoices to the purchaser. The invoice(s) should be at the prices stipulated on the contract at the time the order is placed. Payment occurs after delivery and acceptance of goods and the invoice(s) should reflect discounts or deductions if any are provided.
Invoices shall contain the contract number, purchase order number and the contractor's name, and federal employer identification number. Failure to follow these instructions may result in delay in processing invoices for payment.
Payment shall be made in accordance with Section 215.422, Florida Statutes. (The State of Florida is required to pay all properly completed and correctly addressed invoices within 40 days of receipt of invoice for goods or services received.) If payment is not made within 40 days a separate interest penalty set by the State Department of Banking and Finance pursuant to Section 55.03 F.S. will be due and payable in addition to the original invoice amount.
The delivery of a UWF purchase order or contract award with a valid signature constitutes acceptance of the offer to sell and consummates a binding contractual agreement.
Any actual or prospective bidder who protests the terms, specifications and conditions of the ITB or contract award recommendation, shall file such protest in the form of a petition in compliance with Chapter 28-110, Florida Administrative Code. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes shall constitute a waiver of proceedings under Chapter 120.
Convicted Vendor List & Public Entity Crime Form
Every vendor doing business with the state in the amount of $25,000 or greater must be advised of the public entity crime requirements of Section 287.133(2)(a), Florida Statutes, which specifies the state shall not contract with an entity or any officer, director, executive partner, shareholder, employee, member or agent active in management of the entity nor any affiliate of the entity if the person or affiliate has been charged and convicted of a public entity crime and has been placed on the convicted vendor list maintained by the Division of Purchasing.
A public entity crime is a violation of any state or federal law by a person directly related to the transaction of business with any public entity or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services; any lease for real property; or any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
Code of Ethics
State employees may not accept personal gratuities from the private sector or associate with the vendor for personal gain.
Other Procurement Methods
Florida Statutes also provides for other methods of purchasing. The state uses these methods when competition is not possible or may not be in the best interest of the state. They are: