Active SLED Opportunity · FLORIDA · GAINSE VILLE
AI Summary
City of Gainesville seeks bids for a five-year contract to supply gasoline and diesel fuel for its Regional Transit System. The contract covers delivery, spill prevention, and compliance with federal and local regulations. Proposals due May 15, 2026.
It is the intent of the City of Gainesville (“City” or “RTS”) to obtain bid responses for gasoline and diesel fuel for Regional Transit System. Contract is for a five-year term from October 1, 2026, through September 30, 2031.
NOTE: Four invoices/bol each for gasoline and diesel fuel are available under Downloads tab (B-I).
Gainesville is the largest city and also the county seat of Alachua County. It serves as the cultural, educational and commercial center for the north central Florida region.
The city provides a full range of municipal services, including police and fire protection; comprehensive land use planning and zoning services; code enforcement and neighborhood improvement; streets and drainage construction and maintenance; traffic engineering services; refuse and recycling services through a franchised operator; recreation and parks; cultural and nature services; and necessary administrative services to support these activities. Additionally, the city owns a regional transit system, a municipal airport, a 72-par championship golf course and a utility.
Gainesville is home to Florida's largest and oldest university, and is one of the State’s centers for education, medicine, cultural events and athletics. The University of Florida and UF Health Hospital at UF are the leading employers in Gainesville and provide jobs for many residents of surrounding counties. Known for its preservation of historic buildings and the beauty of its natural surroundings, Gainesville's numerous parks, museums and lakes provide entertainment to thousands of visitors. Because of its beautiful landscape and urban "forest," Gainesville is one of the most attractive cities in Florida.
Addendum No. 1
Addendum No. 2
If travel is involved in the execution of an awarded contract, should any air travel be required the City’s travel policy allows for Coach air travel only. All other travel will be billed in accordance with the Federal General Services Administration rates which can be found at: https://www.gsa.gov/travel/plan-book/per-diem-rates. In addition, long distance phone calls, printing, and other administrative costs may be billed at cost only -no mark-up. Evidence of these expenditures will be submitted when invoicing the City. Travel and administrative costs should be identified in the Price Proposal.
Respondents must submit all inquiries regarding this bid via the City Procurement Portal ("eProcurement Portal") at https://procurement.opengov.com/portal/CityofGainesville. Please note the deadline for submitting questions. All answers to questions will be posted in the eProcurement Portal. To receive notifications when answers are posted, respondents should select "Follow" on the bid title. It is the respondent's responsibility to monitor the website for answers to inquiries.
Statement of Financial Assistance: This purchase or contract is funded in whole or in part by the U.S. Department of Transportation, Federal Transit Administration. The following requirements are applicable for this purchase or contract:
NOTE: Changes to FTA language are not allowed. Additionally, in the event of conflicting language between FTA clauses and City clauses, the most restrictive takes precedence.
Item will be reviewed by the project editor when completing the form.
It is the intent of the City of Gainesville (“City” or “RTS”) to obtain bid responses for gasoline and diesel fuel for Regional Transit System. Contract is for a five-year term from October 1, 2026, through September 30, 2031.
NOTE: Four invoices/bol each for gasoline and diesel fuel are available under Downloads tab (B-I).
The CITY may award the initial contract on the basis of initial offers received from respondent, without discussions. A draft contract is attached. Therefore, each initial offer should contain the Respondent’s best terms from a cost or price and technical standpoint and any changes to the draft contract.
The CITY reserves the right to enter into contract negotiations with the selected Respondent regarding the terms and conditions of the draft contract and technical terms. Price is non-negotiable. If the CITY and the selected Respondent cannot negotiate a successful contract, the CITY may terminate said negotiations and begin negotiations with the next selected Respondent. This process will continue until a contract has been executed or all Respondents have been exhausted. No Respondent shall have any rights against the CITY arising from such negotiations.
Whenever two or more bids which are equal with respect to price, quality and service are received, preference shall be given in the following order: (1) Bidders submitting the attached Drug-Free Workplace form with their bid/proposal certifying they have a drug free workplace in accordance with Section 287.087, Florida Statutes; and (2) coin toss.
Gainesville is the largest city and also the county seat of Alachua County. It serves as the cultural, educational and commercial center for the north central Florida region.
The city provides a full range of municipal services, including police and fire protection; comprehensive land use planning and zoning services; code enforcement and neighborhood improvement; streets and drainage construction and maintenance; traffic engineering services; refuse and recycling services through a franchised operator; recreation and parks; cultural and nature services; and necessary administrative services to support these activities. Additionally, the city owns a regional transit system, a municipal airport, a 72-par championship golf course and a utility.
Gainesville is home to Florida's largest and oldest university, and is one of the State’s centers for education, medicine, cultural events and athletics. The University of Florida and UF Health Hospital at UF are the leading employers in Gainesville and provide jobs for many residents of surrounding counties. Known for its preservation of historic buildings and the beauty of its natural surroundings, Gainesville's numerous parks, museums and lakes provide entertainment to thousands of visitors. Because of its beautiful landscape and urban "forest," Gainesville is one of the most attractive cities in Florida.
An Intent to Award, if any, shall be made to the Respondent(s) whose proposal(s) shall be deemed by the CITY to be in the best interest of the CITY. The decision of the CITY of whether to make the award(s) and which proposal is in the best interest of the CITY shall be final.
The City of Gainesville, hereafter “City” and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
GENERAL DESCRIPTION
It is the intent of the City of Gainesville (“City” or “RTS”) to obtain bid responses for gasoline and diesel fuel for Regional Transit System. Contract is for a five-year term from October 1, 2026, through September 30, 2031.
SPECIFICATIONS
RTS operates one (1) On-Site Fueling location for their vehicles and desires to obtain bids from qualified providers for fuel.
The term “fuel” as used in this solicitation shall include 87 Octane Unleaded Gasoline and #2 Red Dyed Ultra-Low Sulphur Diesel per standard ASTM specifications incorporated herein by reference. Bidder shall provide fuel under this contract per the following Standard ASTM specifications: #2 Red Dyed ULSD ASTM D975 and Unleaded Gasoline ASTM D4815.
Payment
A. CITY Invoicing
The contractor shall be responsible for invoicing the City on delivery of the items purchased. The invoice should include the following information:
B. Payment
Payment will be in accordance with the Local Government Prompt Payment Act, Sections 218.70, et. seq. Florida Statutes. Payment may be withheld by the City due to failure by the vendor to comply with these Specifications or because unacceptable equipment or materials were delivered as determined by the City’s inspection. The City shall notify the vendor of any unsatisfactory performance as soon as practicable so that it can be corrected without delaying payment if possible.
C. Contractor Payment
City will only make payment by electronic fund transfer (EFT).
D. Placing of Orders
Only those orders placed with a purchase order number will be considered authorized.
Fuel Specification
Provide data to support the fuels offered meet the required specifications stated in stated in SPECIFICATIONS.
Spillage
While performing work under this contract, the Contractor shall be responsible for completing cleanup for any spills or accidental release to the environment at no cost to any of the participating entities.
Any spillage, however minor, that occurs during delivery must be reported to the designated contact for each location immediately. All fuel delivery drivers shall be trained in proper delivery and spill response procedures. All delivery trucks shall be equipped with adequate spill response materials. Contractor shall be solely responsible for all spill cleanup costs incurred during fuel delivery.
The Contractor will make every effort to contact the designated facility contact person or customer’s designated emergency contact first, if time frames and conditions allow. The designated facility contact person or customer’s designated emergency contact will review the initial response and advise what additional response actions may be necessary. This includes contacting the necessary regulatory authorities, dispatching cleanup crews and fulfilling any reporting requirements. The Contractor shall notify all local, state, and federal authorities as required by law in the event of such a release or threat of release.
If prior notification of the facility contact person is not possible, then the Contractor shall take appropriate response actions, as directed by the Contractor’s company fuel spill response plan and procedure and notify the contact person as soon as possible thereafter
The Contractor must provide a written summary of all response action taken in any instance within the timelines established for reporting of spills and/or contamination.
The Contractor must have a written company response plan (safety plan) to demonstrate its preparation to respond to a fuel spill and carry out appropriate mitigation measures, and to indicate its process to dispose of contaminated materials. This plan must include details on (1) notification; (2) operator mitigation actions; (3) immediate response available for mitigation assistance; (4) third party contractor available to clean up or equipment and supplies available by the Contractor to respond to clean up; (5) process for safeguarding contaminated materials on the tanker, and (6) final hazardous waste disposal process. All clean-up costs associated with spills are the responsibility of the Contractor.
Delivery
Delivery shall be determined by signed receipt at the designated point of delivery. RTS shall provide the Contractor a schedule or shall request deliveries by phone or written communication. The Contractor shall supply fuel within 24 hours of phone order, or as scheduled in advance on the day and during the time period so scheduled. In case of an emergency such as war, strikes or natural disasters, the Contractor shall make best efforts to supply fuel as soon as possible.
RTS reserves the right to purchase fuel from other sources in the event that the Contractor fails to deliver fuel in accordance with the specifications and the contract documents, if the cause for failure to deliver is a result of war, strikes or a natural disaster. The Contractor may be held liable for any cost differences in the price of these procurements, unless the cause for failure to deliver is a result of war, strikes or a natural disaster.
Deliveries shall be made by trucks with sealed and certified markers and Contractor shall provide to the RTS representative at the receiving location a delivery slip detailing the net quantity delivered after temperature correction. A Bill of Lading (BOL) is also acceptable. The product must be documented on the BOL and certification signatures are required. An RTS employee will be present at all times during delivery. The RTS employee will inspect the markers before delivery to ensure that the truck was loaded in accordance with the delivery slip supplied by the Contractor. Fuel shall be delivered into tanks above ground as required.
The Contractor shall take all necessary steps to ensure that its drivers are fully aware of the proper tanks for fuel delivery. Should the fuel tank(s) be contaminated due to action of the Contractor, the Contractor shall be fully responsible to remove and dispose of all contaminated products properly, and clean said tank(s), line(s) and nozzle(s) at no cost to the City. The contaminated products, including those other than diesel fuel, must be replaced at no cost to the City. Contractor agrees to abide by the City’s determination of whether the fuel tank(s) have been contaminated due to action of the Contractor, which determination shall be final. Contractor truck deliveries shall be constantly monitored by the delivering truck driver. Contractor shall be responsible for the clean-up of all spills/leaks that occur during or as a result of deliveries and shall notify the DER of any spill/leaks as required by law. All ULSD deliveries made shall be in transport (approximately 7,500 gallon) quantities loaded, to properly sealed and certified markers. All gasoline deliveries made shall be in transport (orders may vary from 5,000 to 8,500 gallon) quantities loaded, to properly sealed and certified markers.
Contractor shall have the ability to provide fuel in case of an emergency and/or disaster. In such event, Bidder shall be responsible for maintaining and closely monitoring all RTS’ fuel tanks at sufficient capacity to ensure that there will be no interruption of operations due to fuel shortage.
Delivery Locations at the RTS Facility:
The delivery address for gasoline and diesel is 34 SE 13th Road, Gainesville, FL 32601:
Delivery Hours
All fuel shall be delivered between the hours of 8:00 A.M. to 4:00 P.M. The Contractor shall advise RTS of any deliveries which cannot be delivered within the time allotted.
Licenses and Taxes
The Contractor shall procure any and all licenses, permits, or certificates required by properly constituted authorities for the performance of the Services. The Contractor shall pay taxes, including, but not limited to, those assessed on vehicles and property owned by the Contractor in connection with the furnishing of the Services.
All applicable taxes will be added AFTER the price per gallon is established; current taxes not included in the price per gallon include Florida Sales Tax, Florida Excise Tax, Local Option Tax, Florida Pollution Control Tax, Florida Water Quality Tax and Florida Coastal Protection Tax. In the event other government non-exempt taxes are imposed that are not included in the price per gallon, they will also be added after the price per gallon is established. Should any taxes be raised, the applicable new rate will be used. All payments will include taxes although they will not be calculated in the initial averaging figures or total figures for basis of award. Should a dispute arise over the correct tax rate or applicable add-on taxes, the State of Florida Department of Revenue will be requested to issue an official position on which shall then become final and binding on all parties to the Contract. All revenues found to be due and payable shall be calculated on a retroactive basis to the date tax was imposed. The Contractor must be registered with the Internal Revenue Service to apply directly for applicable Federal Excise Tax reimbursements. Under no circumstances will RTS pay Federal Excise Taxes on the fuel.
Price Calculations
Price per gallon shall be determined by the OPIS Gross Contract Low price per Gallon. The desire is that the Contractor will provide the fuel from the terminal with the lowest price of the day (meaning: the post day for pricing relative to the date of the BOL.)
Estimated Quantities
The resulting contract will supply the required fuel products to RTS on an as-needed basis, as determined by RTS. RTS shall not be obligated to purchase any minimum quantity of fuel. During the previous 12-month period RTS consumed approximately 1 million gallons of #2 Dyed USLD and 65,000 gallons of 87 octane unleaded gasoline.
NOTE: Four invoices/bol each for gasoline and diesel fuel are available under Downloads tab (B-I).
The Contract entered into will designate the successful Respondent as the CITY’s Contractor. The successful Respondent will be required to execute an agreement with the CITY in substantially the same format as found in the DRAFT.
To ensure fair consideration, consistent and accurate dissemination of information for all respondents, the CITY prohibits communication to or with any department, employee, or agent evaluating or considering proposals during the submission process, except as authorized by the Procurement Division representative. Additionally, the CITY prohibits communication initiated by a respondent to any CITY official or employee evaluating or considering the proposals (up to and including the City Commissioners) before the time an award decision has been made. Any communication between proposer and the CITY required to obtain information or clarification for preparing a bid or to enable a proper, accurate evaluation of a proposal will be handled solely through the Procurement Division staff. Any communications initiated between the respondent and the CITY outside these parameters may be grounds for disqualifying the offending respondent from consideration for award of the proposal and/or any future proposal.
Lobbying means when any natural person, for compensation, seeks to influence the governmental decision-making, to encourage the passage, defeat or modification of any proposal, recommendation or decision by the CITY officials and employees, except as authorized by procurement documents.
The City may, at its sole and absolute discretion, reject all or part of the submittal responses; re-advertise this RFP; waive any irregularities in this RFP; postpone or cancel this RFP process at any time.
See Section B. The Bid Process, 9., viii. of the PRO-01 Procurement Administrative Guidelines.
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
Daphyne Sesco
Procurement Specialist 3
sescoda@cityofgainesville.org
Respondents shall submit all inquiries regarding this bid via the City of Gainesville Procurement Portal, located at https://procurement.opengov.com/portal/cityofgainesville
Please note the deadline for submitting inquiries. All answers to inquiries will be posted via Addendum on the City of Gainesville Procurement Portal. Respondents shall click “Follow” on this bid to receive an email notification when Addenda are posted. It is the responsibility of the respondent to check the website for answers to inquiries.
| Release Project Date: | April 3, 2026 |
| Question Submission Deadline: | April 29, 2026, 11:59pm |
| Response Submission Deadline: | May 15, 2026, 3:00pm |
During the Cone of Silence, except as pursuant to an authorized appeal, no person may lobby on behalf of a competing party in a particular procurement process, no person may lobby CITY officials or employees except the Procurement Division designated staff. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.
The Cone of Silence is the period between the issue date of the solicitation and the time the CITY Officials and Employees award the contract.
Participants in this solicitation may protest the solicitation specifications or award in accordance with Section 5. Bid Protests of the PRO-01 Procurement Administrative Guidelines.
As a part of the proposal evaluation process, the CITY reserves the right to conduct a background investigation of bidder, including a record check by the Gainesville Police Department if the qualifications require it. Bidder’s submission of a proposal constitutes acknowledgment of the process and consent to such investigation.
No contract will be awarded to any respondent who is in arrears to the CITY for any debt, fee, tax, or contract, or who is a defaulter as surety or in any other capacity, upon any obligation to the City. Additionally, any respondent determined to be not responsible by the CITY pursuant to Pro-01 Procurement Administrative Guidelines, C.2.ii., will not be awarded a contract.
Respondent must demonstrate that it is responsible as defined in the City of Gainesville’s Pro-01 Procurement Administrative Guidelines, C.2.ii., as may be amended.
These criteria assess the respondent's capability to perform.
A. The ability of the bidder to successfully carry out a proposed contract.
B. Past performance (including reference check), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability.
If it is determined that the respondent is not responsible, the CITY may notify respondent of its finding, including evidence used, and allow respondent the opportunity to come into compliance within three (3) business days of notification.
If selected, respondent must either update or complete CITY’s vendor application, pay business tax (if applicable), and register with the State of Florida (if required by law).
The Proposer agrees that any applicable Federal, State and Local sales and use taxes, which are to be paid by City of Gainesville, are included in the stated bid prices. Since the City of Gainesville is often exempt from taxes for equipment, materials and services, it is the responsibility of the Contractor to determine whether sales taxes are applicable. The Contractor is liable for any applicable taxes which are not included in the stated bid prices.
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract.
The CITY may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in the proposals received as a result of this RFP. See Section B. The Bid Process, 9. viii. of the PRO-01 Procurement Administrative Guidelines.
Contract is for a five-year term from October 1, 2026, through September 30, 2031.
All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith shall be borne by the proposer(s). No payment will be made for any responses received, nor for any other effort required of or made by the proposer(s) prior to commencement of work as defined by a contract approved by the City Commission (if so required).
The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue.
The following Federal Civil Rights laws and regulations apply to all contracts.
Civil Rights and Equal Opportunity
The City is an Equal Opportunity Employer. As such, City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, City agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.
A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in the solicitation, is of timely submission through the eProcurement Portal, and has the appropriate signatures as required on each document. Failure to comply with these requirements may deem the proposal non-responsive (Pro-01 Procurement Administrative Guidelines , C.2.i.)
Each proposal shall be reviewed to determine if the proposal is responsive to the submission requirements outlined in the solicitation.
The bidder shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Bidders are presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the services offered.
During the performance of this contract, the contractor agrees as follows:
It is the policy of the Agency and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the City makes to the prime contractor. 49 C.F.R. § 26.29(a).
Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).
DBE Participation Goal
The agency’s overall goal for DBE participation for the period October 1, 2025 through September 30, 2028 is 6.75%. The City has not set a specific goal for this project. Good Faith Efforts are encouraged, if possible.
Contractor shall maintain records sufficient to document their completion of the scope of services established by this Contract. These records shall be subject at all reasonable time to review, inspect, copy and audit by persons duly authorized by the City. These records shall be kept for a minimum of three (3) years after completion of the Contract. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals, or claims.
Section 287.133 (2)(a), Florida Statutes, contains the following provisions: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services 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 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).
The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.
By submitting this proposal, bidder agrees that it:
As a condition of entering into this agreement, the company represents and warrants that it will comply with Title VI and Title VII of the Civil Rights Act of 1964 and all other federal, state or local laws prohibiting discrimination. The company shall not discriminate on the basis of race, color, religion, gender, national origin, marital status, sexual orientation, age, disability or gender identity, or other unlawful forms of discrimination in the solicitation, selection, hiring, commercial treatment of subcontractors, vendors, suppliers or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination.
The City reserves the right to investigate any claims of illegal discrimination by the Contractor and in the event a finding of discrimination is made and upon written notification thereof, the Contractor shall take all necessary steps to cure and rectify such action to the reasonable satisfaction of the City. The company understands and agrees that a violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification of the company from participating in City contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.
For more information on this policy and requirement, please visit the Office of Equity and Inclusion.
Seat Belt Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or City.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this contract.
In accordance with Section 287.05701(2)(a), F.S. (2023), the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor, and may not give preference to a vendor based on the vendor's social, political, or ideological interests.
The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.
The following conditional requirements may apply based upon value and/or item/service:
The City is unable to send ACH payments to international banks. Therefore, ACH payments will only be made to U.S.A. banks. Additionally, the international company must be from a country that has a tax treaty with the U.S.A. International proposers must agree to these requirements and provide proof of same should they receive an award recommendation.
The bid response, containing all required documents, with authorized signatures, must be submitted in OpenGov by 3:00 p.m. on the due date indicated on the Solicitation Cover Page. OpenGov will reject late proposals, and the City will not accept proposals submitted in any other manner that through OpenGov.
Both the response and the price proposal, if required to be submitted as a separate document, must be signed by an officer of the business who is legally authorized to enter into a contractual relationship in the name of the bidder. An authorized representative who is not an officer may sign the proposal, but must attach a corporate resolution granting authorization to the representative to execute on behalf of the business.
The submittal of a response by a respondent will be considered by the City as constituting an offer by the respondent to perform the required services at the stated fees.
If this solicitation or contract is valued in excess of $10,000.
The following is the City’s language from the Draft Contract.
For Cause. Either City’s or Contractor’s failure to comply with their respective obligations contained in this Contract will be a material breach of this Contract (“Default”). The non-defaulting party shall provide written notice of Default to the defaulting party (“Notice of Default”). The defaulting party will have thirty (30) calendar days from the effective date of the Notice of Default, as determined by the “Notices” section of this Contract, to cure such Default (“Initial Cure Period”). In the event the nature of the Default is such that it cannot reasonably be cured within such Initial Cure Period, then the cure period will be extended in writing, so long as the defaulting party has commenced to cure such Default within said Initial Cure Period and the defaulting party diligently undertakes and pursues such cure to completion (“Extended Cure Period”). The defaulting party must provide the non-defaulting party with documentation evidencing that the defaulting party is diligently undertaking and pursuing such cure to completion. The foregoing notwithstanding, all monetary Defaults will be deemed capable of cure within thirty (30) calendar days. During the Initial Cure Period or any Extended Cure Period where the Contractor is the defaulting party, the City may suspend any payment otherwise payable pursuant to this Contract until the Default has been cured. Upon the defaulting party's failure to cure such Default within the Initial Cure Period or any Extended Cure Period, as applicable, the non-defaulting party may choose to immediately terminate this Contract in writing and without prejudice to any other rights or remedies the non-defaulting party may have pursuant to law or equity. The non-breaching party may pursue all remedies available at law.
Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined.
Pursuant to section 787.06(13), Fla. Stat., when this contract is executed, renewed, or extended the Contractor and any subcontractors must provide the CITY with an affidavit, signed by an officer or a representative of the Contractor and any subcontractors under penalty of perjury, attesting that the Contractor and subcontractor does not use coercion of labor or services as those terms are defined in this section.
All questions about the meaning or intent of this Solicitation are to be directed to the Procurement Representative via the CITY's eProcurement Portal, https://procurement.opengov.com/portal/cityofgainesville, unless stated otherwise. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda posted on the City’s eProcurement Portal.
Respondents must create an account on the City’s eProcurement Portal to receive notifications. Registered Respondents will be notified of all Addenda posted in the City’s eProcurement Portal.
Only questions answered by formal written Addenda will be binding.
The City has the right to use any or all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection or rejection of the submittal does not affect this right.
Respondents may take exception to any of the terms of this Solicitation unless otherwise stated. Should a respondent take exception where none is permitted, the proposal will be rejected as non-responsive. All exceptions taken must be specific to allow the City a meaningful opportunity to evaluate and rank proposals.
Where exceptions are permitted, the City shall determine the acceptability of the proposed exceptions. The proposals will be evaluated based on the proposals as submitted. The CITY retains the right to accept or reject the exceptions. Where exceptions are rejected, the CITY may request that the respondent furnish the services or goods described herein, or negotiate an acceptable alternative.
Modifications to or withdrawal of a respondent’s submittal can be made until the Response Submission Deadline (See Section 1.4 – Deadline). Modifications or withdrawals must be documented in the City eProcurement Portal https://procurement.opengov.com/portal/cityofgainesville prior to the Response Submission Deadline (See Section 1.4 – Deadline) in order to be recognized by the CITY. Any bid not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the CITY adequate time to award the Contract for the services specified in this solicitation.
If this solicitation or contract is valued at $25,000 or more
Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 C.F.R. §§ 180.220 and 1200.220) must not be entered into with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:
Shall be tabulated to calculate no more than four (4) decimal places. Unit prices on bidder's response will be used to correct any extensions, and if adjusted, shall be identified on the detailed tabulation as corrected.
Only one (1) response from any individual, firm, corporation, organization or agency under the same or different name will be considered as a response to this Solicitation. Multiple responses from any individual, firm, corporation, organization or agency under the same or different name may result in rejection of all responses from the Respondent.
All pricing to include all shipping/delivery charges and delivery is to be F.O.B. Destination (City location).
If this solicitation or contract exceeds $150,000
Rights and Remedies of the City
City shall have the following rights in the event that City deems the Contractor guilty of a breach of any term under the Contract.
For purposes of this Contract, breach shall include:
Rights and Remedies of Contractor
Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this contract, which may be committed by City, the Contractor expressly agrees that no default, act or omission of City shall constitute a material breach of this contract, entitling Contractor to cancel or rescind the contract (unless City directs Contractor to do so) or to suspend or abandon performance.
Remedies
Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the City will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Agreement by the Contractor before City takes action contemplated herein, City will provide the Contractor with sixty (60) days written notice that the City considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action.
Disputes
Disputes arising in the performance of this contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the authorized representative. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City’s authorized representative shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance during Dispute
Unless otherwise directed by City’s authorized representative, Contractor shall continue performance under this contract while matters in dispute are being resolved.
Claims for Damages
Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
Remedies
Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between City’s authorized representative and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which City is located.
Rights and Remedies
Duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public record’s request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:
A. Identifying Trade Secret or Otherwise Confidential and Exempt Information.
For any records or portions thereof that respondent claims to be Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, respondent shall:
B. Request for Trade Secret or Otherwise Confidential and Exempt Information.
C. How to Designate Trade Secret or Otherwise Confidential and Exempt Information
If a respondent believes that its reply contains Trade Secret or otherwise confidential and exempt information (as defined by Florida or Federal law) and should be withheld from disclosure to the public, in such cases the respondent must provide a redacted copy of the proposal for public access.
D. How the City will Handle Material Identified as Trade Secret or Otherwise Confidential and Exempt Information
All public records submitted to the City, including those claimed as confidential and/or exempt, will be retained by the City and will not be returned to a respondent at the conclusion of the bidding process.
The bidder shall indicate if any warranty is being provided by either itself or a manufacturer, and if any such warranty is being provided, such warranty shall be stated on the solicitation form or attached thereto and submitted as part of the bid.
When the manufacturer normally warrants the equipment or materials being supplied, the bidder shall provide such warranty to the City or shall state as a clarification and Exception the reason the bidder is not able to provide such warranty.
When a particular manufacturer's name and catalog number “or equivalent” is specified, consideration will be given to other manufacturers, unless it would void the manufacturer's warranty. The term “or equivalent” shall be defined to mean of similar design and performance characteristics. If a product is being bid as an equivalent, complete technical data necessary to properly evaluate such product shall be submitted with the bid.
The City reserves the right to request additional data after the bid is opened and prior to the award. Failure to supply data necessary to properly evaluate a product will constitute sufficient reason for rejection of the bid.
All information specifically requested by this Solicitation shall be furnished attached to the bid. Failure to do so may invalidate the bid.
If this solicitation or contract is for $100,000 or more
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352(b)(5), as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above 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 City, 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(b)(5). Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352(b)(5). Such disclosures are forwarded from tier to tier up to the City.
Participants may protest the Specifications of the solicitation in accordance with Section C.5.i. of the Pro-01 Procurement Administrative Guidelines
Participants may protest the Solicitation Award in accordance with Section C.5.i. of the Pro-01 Procurement Administrative Guidelines
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this solicitation; postpone or cancel, at any time, this solicitation process; or waive any irregularities in this solicitation or in the proposals received as a result of this solicitation.
If this solicitation or contract exceeds $150,000 in any year
Clean Air Act
Federal Water Pollution Control Act
All bidders submitting a response to this solicitation agree that such response also constitutes a bid to all state agencies, municipalities and political subdivisions of the state of Florida under the same terms and conditions, for the same prices and the same effective period as this bid, should the bidder deem it in the best interest of its business to do so. This provision in no way restricts or interferes with any state agency, municipality or political subdivision to rebid any or all items.
Any deviation from the specifications must be explained in detail on sheets attached to the response and labeled “Clarifications and Exceptions”, and each deviation must be itemized by number and must specifically refer to the applicable specification paragraph and page. Otherwise, it will be considered that items offered are in strict compliance with these Specifications and the successful bidder will be held responsible for meeting the Specifications. If bidder wishes its Standard Terms and Conditions to be considered as part of its bid, such terms and conditions must be made part of the “Clarifications and Exceptions”. The City reserves the following rights: to waive clarifications and exceptions in awarding the bid in the best interest of the City; to accept or reject any or all bids; to waive any or all irregularities; and to award the contract to the most responsive responsible bidder whose bid is determined by the City to be in its best interest.
Acceptance of the Contract, Specifications, terms and conditions is a mandatory aspect of being considered responsive. Bidders wanting to challenge any of the Contract, Specifications, terms and conditions or question alternatives to any Specifications listed herein must do so in writing prior to the deadline for submitting questions. If the City does not authorize a change prior to bid closing via addendum, the Contract, Specifications and terms and conditions stand; any counter-proposal on Contract, Specifications, or terms and conditions, will be rejected, as will the bid.
If this solicitation or contract is for construction contracts greater than $10,000
During the performance of this contract, the contractor agrees as follows:
The Contractor shall (1) 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 term of the contract; and (2) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FTA pre-approval.
If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which City is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
1) Procure or obtain covered telecommunications equipment or services;
2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or
3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.
(b) As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) 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);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment;
(4) 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;
(c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
d) 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.
(e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.
(f) For additional information, see section 889 of Public Law 115-232 and§ 200.471.
Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and
Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.
The Contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidance will continue in effect.
(a) A Recipient 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 of 1976 as amended, 42 U.S.C. 6962. 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.
(b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.
Contractor agrees that it and its employees that participate in the contract, may not: engage in severe forms of trafficking in persons during the period of time the contract is in effect, procure a commercial sex act during the period of time that the contract is in effect, or use forced labor in the performance of the contract or subcontracts thereunder. Contractor will inform Agency immediately of any information it receives from any source alleging a violation of the prohibitions listed in section.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD HERE.
I hereby propose to provide the goods/services requested in this Solicitation. I agree to hold pricing for at least 120 calendar days from the Solicitation due date. I agree that CITY’s terms and conditions herein take precedence over any conflicting terms and conditions submitted for CITY’s consideration, and agree to abide by all conditions of this Solicitation.
I certify that all information contained in this Response is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to execute and submit this Response on behalf of the organization as its agent and that the organization is ready, willing and able to perform if awarded.
UPLOAD REQUIRED DOCUMENTATION AND PRICING HERE.
Download "J - Bid Prices" form from Downloads tab and include with your submittal.
Bidder hereby attests to having an established, on-going, fuel spill prevention plan and procedure to follow in the event there is an accidental fuel spill.
Bidder must be able to answer "Yes", otherwise will be considered non-responsive.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD HERE.
Whenever two or more bids which are equal with respect to price, quality and service are received, preference shall be given in the following order: (1) Bidders submitting the attached Drug-Free Workplace form with their bid/proposal certifying they have a drug free workplace in accordance with Section 287.087, Florida Statutes; and (2) coin toss.
DOWNLOAD THE BELOW DOCUMENT, SIGN, NOTARIZE AND UPLOAD HERE.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD HERE.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
An instruction page is included with this form. If this form is not applicable to your entity, then mark "N/A", sign, and upload with your submittal.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
Failure to upload signed form will result in automatic disqualification.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
Failure to upload signed form will result in automatic disqualification.
DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD HERE.
If you are not bidding, please complete and return the attached form so that we may learn from your comments to improve our solicitations.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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