01. 2324-11 RFP UP Auctioneer Services.pdf

Failure to file a protest within the time prescribed in section 120.57(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.

State of Florida

Department of Financial Services

Request for Proposals (RFP)

Number: 2324-11 RFP UP

Auctioneering Services

Procurement Officer:

Edward Nabong

Government Operations Consultant

Department of Financial Services

Office of Purchasing and Contractual Services

200 E. Gaines Street, Larson Building

Tallahassee, FL 32399-0347

Email: DFSpurchasing@myfloridacfo.com

RFP # 2324-11 RFP UP

Rev. 03/14/2022

TABLE OF CONTENTS

SECTION 1. Introduction

SECTION 2. RFP Process

SECTION 3. Response Instructions

SECTION 4. Selection Methodology

SECTION 5. Award

Appendices

Letter

Name

Attachment

Sub-components, If Any

To Be

Completed and

Returned

Attached for

Reference

Only

A Standard Contract Contract Signature

Page

Attachment 1, Special Contract

Conditions

Attachment 2, Statement of Work

Attachment 3, Price

Response

Attachment 4, PUR

Attachment 5, Data

Security

Requirements

Attachment 6, Contractor’s

Response

(This document is not yet available.)

Rev. 03/14/2022

Attachment 7, Mandatory Criteria

Certification Form

B Questions Template

C Evaluator Score Sheet

D Award Preferences Form

-Remainder of this Page is Intentionally Left Blank-

Rev. 03/14/2022

SECTION 1. INTRODUCTION

1.1 Purpose

The Department of Financial Services (Department), an agency of the state of Florida (State), is issuing this Request for Proposal (RFP) to establish a contract for auctioneer services. The solicitation will be administered through the Vendor Information Portal (VIP). The submitted Response must comply with the terms and conditions stated in this RFP.

The Department intends to enter into a Contract (Contract) using Appendix A, Standard Contract, which is hereby incorporated by reference. The Department intends to award the Contract as provided in

Section 5, Award, of this solicitation document.

1.2 Background

The Division utilizes an auctioneer to conduct and facilitate the sale of tangible property from lost/abandoned safe deposit boxes remitted to the Division by financial institutions per Chapter 717

Florida Statutes (F.S.). Items are received, inventoried, and available for the owner or heirs of a deceased owner to claim through the Department’s unclaimed property program. Those items that remain unclaimed by the reported owner or heirs of a deceased owner are sold at auction with the net proceeds of the sale being credited to the reported owner’s account to claim at any time by the owner or the heirs of a deceased owner.

1.3 Term

The initial term of the Contract will be three (3) years beginning on the date last signed (Effective Date).

The Contract may be renewed, in whole or in part, for up to three (3) years in accordance with section

287.057(14), F.S. Renewal(s) will be made at the renewal pricing specified in the Contract.

1.4 Definitions

The following definitions apply to this RFP document:

Business Days – Monday through Friday, inclusive, except for State government holidays.

Buyer’s Premium - Percent charged by the Respondent to each winning bidder at the time of sale.

Confidential Information – Any documents, data, or records that are confidential and not subject to disclosure pursuant to chapter 119, F.S., the Florida Constitution, or any other legal authority.

Contract – The agreement that results from this competitive solicitation, if any, between the

Department and the awarded Respondent.

Contractor – The Respondent that executes a Contract with the Department pursuant to this RFP.

Respondent – An entity that submits a Response to this RFP.

Response – A formal response to this RFP.

State - The state of Florida.

Vendor Information Portal (VIP) - The State’s internet-based vendor information system at https://vendor.myfloridamarketplace.com/

If more than one contract is awarded, then the use of the terms “Contract,” “Contractor,” “Response,” and “Respondent,” includes the plural when applicable.

Rev. 03/14/2022

1.5 Procurement Officer

Pursuant to section 287.057(25), F.S., the Department’s Procurement Officer (Procurement Officer) is the sole point of contact for this solicitation.

The Procurement Officer is:

Edward Nabong

Government Operations Consultant

Office of Purchasing and Contractual Services

Department of Financial Services

Email: DFSpurchasing@myfloridacfo.com

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS TO THE

PROCUREMENT OFFICER.***

Please note that questions will NOT be answered by telephone. All inquiries must be directed to the

Procurement Officer in writing. For expediency, the Procurement Officer at his sole discretion may initiate phone calls to Respondents to resolve procedural or administrative issues. As all questions should be submitted in writing, the Department is under no obligation to acknowledge or respond to oral inquiries, and potential Respondents are not entitled to rely upon any clarification or change to this

RFP, or answer to any vendor question, except as may be provided in writing by the Department in response to questions submitted pursuant to Section 2.4, Question and Answer Period of the RFP or in an addendum to this RFP.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 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.

Any such contact by any person with a relevant business relationship with a Respondent or an existing or prospective subcontractor to a Respondent is assumed to be contact on behalf of a Respondent unless shown otherwise.

1.6 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s

Procurement Officer. Requests for accommodations for meetings must be made at least five (5)

Business Days prior to the meeting. A person who is hearing or speech impaired can contact the

Procurement Officer by using the Florida Relay Service at (800) 955-8771 (TDD).

1.7 Cooperation with Inspector General

By providing a Response to this solicitation, the Respondent understands its duty, pursuant to section

20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing, in the event Respondent is awarded the Contract. The Respondent will comply with this duty and ensure that subcontracts issued under the Contract, if any, impose this requirement, in writing, on its subcontractors.

1.8 Commitment to Diversity in Government Contracting

The State is committed to supporting its diverse business industry and population through ensuring participation by woman-, veteran-, and minority-owned business enterprises in the economic life of the

State. The State of Florida Mentor Protégé Program connects certified business enterprises with private mailto:DFSpurchasing@myfloridacfo.com

Rev. 03/14/2022 corporations for business development mentoring. We strongly encourage firms doing business with the State to consider participating in this initiative. For more information on the Mentor Protégé

Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State. The Contractor can contact the Office of Supplier

Diversity at (850) 487-0915 for information on certified business enterprises that may be considered for subcontracting opportunities.

1.9 Convicted Vendor List

Pursuant to section 287.133(2)(a), F.S., “[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 287.017, F.S.] for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

1.10 Discriminatory Vendor List

Pursuant to section 287.134(2)(a), F.S., “[a]n entity or affiliate who has been placed on the discriminatory vendor list 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.”

1.11 Antitrust Violator Vendor List

Pursuant to section 287.137(2)(a), “[a] person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity;

may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.”

1.12 Scrutinized Companies.

The following paragraph applies regardless of the dollar value of the goods or services provided:

In accordance with the requirements of section 287.135, F.S., the Contractor certifies that it is not participating in a boycott of Israel. At the Department’s option, the Contract may be terminated if the Contractor is placed on the Quarterly List of Scrutinized Companies that Boycott Israel

(referred to in statute as the “Scrutinized Companies that Boycott Israel List”) or becomes engaged in a boycott of Israel.

mailto:osdinfo@dms.myflorida.com

Rev. 03/14/2022

The State Board of Administration maintains the “Quarterly List of Scrutinized Companies that

Boycott Israel” at the following link:

https://www.sbafla.com/governance/global-governance-mandates/ ..

The following paragraph applies only when the goods or services to be provided are $1 million or more:

In accordance with the requirements of section 287.135, F.S., the Contractor certifies that it is not on the Scrutinized List of Prohibited Companies (referred to in statute as the “Scrutinized

Companies with Activities in Sudan List” and the “Scrutinized Companies with Activities in the

Iran Petroleum Energy Sector List”) and, to the extent not preempted by Federal law, that it has not been engaged in business operations in Cuba or Syria. At the Department’s option, the Contract may be terminated if such certification (or the certification regarding a boycott of Israel) is false, if the Contractor is placed on the Scrutinized List of Prohibited Companies, or, to the extent not preempted by Federal law, if the Contractor engages in business operations in Cuba or Syria.

The State Board of Administration maintains the “Scrutinized List of Prohibited Companies” under the quarterly reports section at the following link:

https://www.sbafla.com/reporting/

-Remainder of this Page is Intentionally Left Blank-https://www.sbafla.com/governance/global-governance-mandates/ https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx

Rev. 03/14/2022

SECTION 2. RFP PROCESS

2.1 Overview of the RFP

The RFP is a method of competitively soliciting a commodity or contractual service under chapter 287, F.S. Under this RFP, there will not be a pre-Response conference. Vendors may submit questions regarding this RFP to the Department during the Question and Answer Period described further in

Section 2.4 below.

Respondents must submit Responses by the deadline listed in Section 2.2, Timeline. The Department will open Responses at a public opening. After the public opening, the Procurement Officer will review

Responses in accordance with Section 4.1, Review of Mandatory Responsiveness Requirements.

Responses that the Procurement Officer determines are responsive to the RFP will be evaluated by the evaluation team. After evaluation, the Procurement Officer will compile the final evaluation scores and add the points awarded for price, as further detailed below. If the Department awards a Contract resulting from this RFP, the Department will award the Contract to the responsible and responsive

Respondent whose Response is deemed the most advantageous to the State based upon the criteria set forth in the RFP, as determined by the total points awarded (i.e., the highest scoring Respondent).

This section is only intended to be an overview. Read the solicitation in its entirety for further details.

In the event of a conflict between this overview and another section of this RFP document, the other section of the RFP document will control.

2.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this solicitation. The

Department reserves the right to adjust this timeline by posting addenda on the VIP. It is the

Respondent’s responsibility to check VIP on a regular basis for such updates.

Event

Event Time

Eastern Time

(ET)

Event Date

RFP posted on the VIP. N/A 02/28/2025

Deadline to submit questions to Procurement Officer. 3:00 PM 03/07/2025

Anticipated date to post answers to Respondents’ questions on VIP. N/A 03/14/2025

Deadline to submit Responses and all required documents to the

Department.

3:00 PM 03/28/2025

Public Response opening.

Department of Financial Services

200 E. Gaines Street, Larson Building

Tallahassee, FL, 32399

NOTE: The public opening will also be conducted via conference call. To attend the public opening call 888-585-9008 and when prompted use

Conference No.: 819-252-704. Attendance at this public opening is not required.

3:30 PM 03/28/2025

Anticipated date to post Notice of Intent to Award on VIP. N/A 04/11/2025

Rev. 03/14/2022

2.3 Pre-Response Conference

The Department will not hold a pre-Response conference.

2.4 Question and Answer Period

Vendors may submit written questions to the Procurement Officer by the deadline listed in Section 2.2, Timeline. Questions may include requests for clarification regarding the terms, conditions, and requirements of the RFP and its appendices, and any processes described in those documents. If terms included in Appendix A, Standard Contract, are impractical or, for legal or operational reasons, impossible, vendors must submit a question requesting modification of the Standard Contract terms, and the Department will issue an addendum to this RFP if such modifications are acceptable to the

Department.

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS

CONTAINING QUESTIONS.***

Submit questions using Appendix B, Questions Template, which is posted to the VIP with this RFP.

Questions do not constitute a formal protest of the specifications or of the solicitation.

The Department will provide an answer to all questions that are timely submitted through an addendum that is posted on the VIP. If modifications are made to the RFP document or attachments, the

Department will post the changes in an addendum on the VIP.

2.5 Public Opening of Responses

The Department will open the Responses in a public opening at the date, time, and location noted in

Section 2.2, Timeline. Please note, the public opening will also be conducted via conference call as stated in Section 2.2, Timeline.

2.6 Addenda to the RFP

The Department reserves the right to make changes to this RFP by posting addenda on the VIP. It is the Respondent’s responsibility to check for any posted addenda on the VIP.

2.7 Contract Formation

The Department will enter into a Contract with the awarded Respondent pursuant to Section 5, Award.

The Contract will consist of the of the documents listed under Appendix A, Standard Contract, in this

RFP document’s Appendices Table. The Department will not accept any modification or proposed modifications and/or exceptions to the documents listed under Appendix A, Standard Contract, unless modified by the Department in an addendum posted to the VIP.

The Respondent shall bring any perceived inconsistencies among any of the provisions of the RFP and its appendices to the attention of the Department prior to the submission of its Response. At any time during the solicitation, the Department may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract.

Event

Event Time

Eastern Time

(ET)

Event Date

Anticipated Contract start date. N/A TBD

Rev. 03/14/2022

SECTION 3. RESPONSE INSTRUCTIONS

3.1 Instructions to Respondents

This section contains the General Instructions (PUR 1001) and Special Instructions to Respondents.

The PUR 1001 can be accessed at State Purchasing (PUR) Forms / State Agency Resources / State

Purchasing / Business Operations - Florida Department of Management Services (myflorida.com).

The Special Instructions are in the remainder of Section 3 of this RFP document. In accordance with

Rule 60A-1.002, F.A.C., in the event any conflict exists between the Special Instructions and General

Instructions, the Special Instructions will prevail.

Sections 13 of the PUR 1001 is replaced by Section 5.3 of the RFP. Section 3, 5, and 9 of the PUR

1001 are replaced with the following:

Section 3. Electronic Submission of Responses.

Responses shall be submitted in accordance with Section 3.4, How to Submit a Response, of the

RFP document.

Section 5. Questions.

Questions shall be submitted in accordance with Section 2.4, Question and Answer Period, of the

RFP document.

Section 9. Respondent’s Representation and Authorization.

(a) In submitting its Response, the Respondent understands, represents, and acknowledges the following:

• The Respondent is not currently under suspension or debarment by the state of Florida or any other governmental authority.

• The Response 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.

• The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed (and will not be disclosed prior to the solicitation opening) to any Respondent or potential Respondent.

• The Respondent will conform to the terms and conditions of the Standard Contract without exception, or, where an exception is made by Respondent, will provide an alternative that is equivalent to or exceeds the Department’s terms and conditions.

• If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the Department.

• The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Response.

• The Respondent shall indemnify, defend, and hold harmless the Department and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Response.

All information provided by, and representations made by, the Respondent may be considered material and may be relied upon by the Department in awarding the Contract.

Any misstatement may be treated as fraudulent concealment from the Department of the https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Rev. 03/14/2022 true facts relating to submission of the Response. A misrepresentation shall be punishable under law, including, but not limited to, chapter 817, F.S.

(b) In submitting a Response, the Respondent understands, represents, and acknowledges the following (NOTE: If the Respondent cannot certify to any of following, the Respondent shall submit with its Response a written explanation of why it cannot do so. The Respondent’s explanations may result in the Respondent being found to not be a responsible or responsive vendor as defined in sections 287.012(25) and (27), F.S.):

• To the best of the knowledge of the person signing the Response, the Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

• Respondent currently has no delinquent obligations to the state of Florida, including a claim by the state of Florida for liquidated damages under any other contract.

• The Respondent has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract and for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company.

• Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds:

o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

3.2 Mandatory Responsiveness Requirements

A Respondent whose Response does not meet the mandatory responsiveness requirements listed below will be deemed non-responsive and will not be considered for Contract award.

The mandatory responsiveness requirements are as follows:

1. The Response must include a completed Attachment 3, Price Response.

2. The Response must include an Attachment 7, Mandatory Criteria Certification Form, that meets the requirements provided in Section 3.3.3(A), Mandatory Criteria Certification.

3. The Response must include proof of licensure for both the auctioneer and personal property appraiser on staff.

Rev. 03/14/2022

The Department will not evaluate a Response from a Respondent that does not meet the mandatory responsiveness requirements. A Response that meets the mandatory responsiveness requirements listed above is presumed to conform in all material respects to the solicitation. The Department reserves the right to re-evaluate its responsiveness determination at any time during the solicitation.

3.3 Contents of the Response

Submit the Response in the following format. Refer to Sections 4.2 – 4.3 of this RFP for how Responses will be evaluated during the evaluation phase.

3.3.1 Volume 1: General Information

A. Cover Letter

Submit a cover letter on the Respondent’s letterhead that contains the following information:

1. The name and principal place of business of the Respondent;

2. The Respondent’s Federal Employer Identification Number (FEIN); and

3. The name, title, mailing address, telephone number, and e-mail address of the

Respondent’s contact person for purposes of the RFP and, if available, an alternate contact person.

B. Responses or Disclosures Required by the PUR 1001.

1. Submit any disclosures required by Section 6 of the PUR 1001.

2. Submit any disclosures required by Section 9 of the PUR 1001, as modified by Section 3.1 of this RFP. If unable to certify to any of the provisions of part (b) of Section 9 of the PUR

1001, as modified by Section 3.1 of this RFP, submit a written explanation of why the

Respondent cannot do so. The Respondent’s explanations may result in the Department finding the Respondent not to be a responsible or responsive vendor as defined in sections

287.012(25) and (27), F.S. No exceptions to part (a) of Section 9 of the PUR 1001, as modified by Section 3.1 of this RFP document, will be accepted.

C. Award Preferences Form

Submit a completed Appendix D, Award Preferences Form. (Refer to Section 5.2, Award

Preferences for Identical Evaluation of Responses, for further information on how this from will be used.) A Respondent who fails to submit a completed Appendix D, Award Preferences

Form, as part of its Response will be considered to have no award preference if the

Department’s evaluation results in two (2) or more Responses receiving an identical highest score.

3.3.2 Volume 2: Technical Response

A. Narrative on Experience and Ability

1. Provide a narrative of the Respondent’s prior relevant experience with providing these services. The experience described should demonstrate the Respondent’s organizational ability to perform the services sought in this RFP.

2. Provide an organizational chart and identify the Respondent’s key personnel who will perform or supervise the services solicited by this RFP. Include a summary of the background of these personnel which demonstrates their suitability for any designated role. The summary should include a discussion of key personnel’s knowledge of the program area; education and training; and management experience with the

Respondent or any subcontractor(s).

3. Provide examples of similar services provided by the Respondent within the last 10 years. Examples should include the governmental or private entity engaging the

Rev. 03/14/2022

Respondent’s services, the type of auction conducted (live, online, simulcast, etc), general security engaged for the auction, the type of property auctioned, the volume of property auctioned, any notifications or advertisements for the event, the number of participants in the auction, expected and actual sales totals.

B. Respondent’s Proposed Approach

1. Provide Respondent’s plan for carrying out the services required by this RFP and specified in Attachment 2, Statement of Work. The Respondent should fully describe its plans for:

a. Security for transport and possession of contents.

b. Auction advertising and notification to potential bidders. Proposed plan for bidders’ review of items available for live auction.

c. Proposed plan for conducting various auctions (live, online, etc.) as well as how the respondent would accommodate bidders unable to attend a live auction.

3.3.3 Volume 3: Mandatory Responsiveness Requirements

A. Mandatory Criteria Certification

Submit an Attachment 7, Mandatory Criteria Certification Form, that provides a “Yes”

Certification Answer for each Certification Question. A Respondent’s failure to provide a

“Yes” Certification Answer for each Certification Question will result in the Respondent being deemed non-responsive.

Additionally, Respondents must complete the Vendor Certification Form (beginning on page 2 of the Mandatory Criteria Certification Form) by choosing the appropriate “Vendor

Indicator” from the dropdown menu. Respondents must also complete and submit any attestations associated with the requirements of the Vendor Certification Form.

B. Price Response

Submit a completed Attachment 3, Price Response.

C. Proof of Licensure

Provide the Department with proof of licensure for both the auctioneer and personal property appraiser on staff.

3.4 How to Submit a Response

Submit the following:

• One (1) printed UNREDACTED version of each volume of the Response.

• Three (3) printed UNREDACTED copies of Volume 2, Technical Response.

• One (1) printed REDACTED version of the Response if redactions are required (see Section 3.6, Confidential Response Materials and Redacted Submissions).

• One (1) scanned copy of the complete UNREDACTED Response on a CD-ROM or flash drive, with large files scanned as separate .pdf files.

• One (1) scanned copy of the complete REDACTED Response on a CD-ROM or flash drive, if applicable (see Section 3.6, Confidential Response Materials and Redacted Submissions). The

Respondent must ensure that all metadata has been removed from the files in the redacted copy.

Rev. 03/14/2022

NOTE: The printed copies of the Response must be bound. The Respondent may use an alternate method of binding other that a binder and include separate tabs or other methods of separation of the volumes of the Response in lieu of separate binders.

Responses must be sent in sealed packages to the Department of Financial Services at 200 East Gaines

Street, Larson Bldg., Office of Purchasing and Contractual Services, Tallahassee, Florida 32399-0347 by the deadline listed in Section 2.2, Timeline. The Respondent must clearly label the outside of the sealed packages with the RFP number and Respondent’s name.

SECTION 2.2, TIMELINE, SPECIFIES THE DEADLINE AND LOCATION FOR

RESPONSE SUBMISSION. RESPONSES SUBMITTED BEYOND THE DEADLINE OR TO

A DIFFERENT LOCATION WILL NOT BE CONSIDERED.

3.5 Disclosure of Response Contents

All documentation submitted as a Response to the RFP will become the exclusive property of the

Department and will not be returned to the Respondent. Responses received by the Department may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), F.S. The Department has the right to use any or all ideas or adaptations of the ideas presented in any Response. Selection or rejection of a Response will not affect this right.

3.6 Confidential Response Materials and Redacted Submissions

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt from disclosure under Chapter

119, F.S., or other legal authority (Public Records Law), then the Respondent must simultaneously provide the Department with an unredacted version of the materials and a separate redacted electronic copy of the materials. If providing both a redacted and unredacted copy, the Respondent should mark the unredacted version of the document as “Unredacted Version – Contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope. If the

Respondent fails to submit a Redacted Copy of its Response, the Department is authorized to produce the entire unredacted Response submitted to the Department in response to a public records request.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent should mark the redacted electronic copy with the Respondent’s name, Department’s RFP name and number, and the words

“Redacted Copy.” The Redacted Copy should only redact those portions of material for which a

Respondent can legally support a claim that the information is Confidential Information or exempt from disclosure pursuant to Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

In addition, the Respondent must submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption.

The Redacted Copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website. The Department will follow the procedures identified in the

Standard Contract’s Attachment 4, PUR 1000, if the Department receives a further request for

Rev. 03/14/2022

Confidential Information or exempt material that has been clearly identified as such in writing by the Respondent.

3.6.2 Respondent’s Obligations to Defend its Claims

The Department is not obligated to agree with a Respondent’s claim of exemption or Confidential

Information. By submitting a Response, the Respondent agrees to defend its claim that each and every portion of its redactions is exempt from inspection and copying under Florida’s Public

Records Law. By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. The Department may use the counsel of its choosing to defend any such claims, and the Respondent shall promptly pay the Department’s invoices for legal services on a monthly basis for all costs and expenses, including legal fees, incurred in defending such claims.

3.7 Withdrawal and Modification of Responses

The Respondent may modify its Response at any time prior to the submittal deadline by submitting a request to the Procurement Officer. A submitted Response may be withdrawn from consideration by the Department if the Respondent submits a signed, written request for withdrawal to the Procurement

Officer within seventy-two (72) hours after the deadline for Response submittal.

3.8 Reservations

In addition to any other rights reserved or afforded to the Department under this RFP and under applicable law, the Department reserves the right to:

1. Cancel this RFP at any time prior to the Department’s execution of the Contract, without incurring any cost obligations or liabilities.

2. Accept or reject any Response at any time.

3. Terminate evaluation of any Response at any time.

4. Modify any dates set or projected in this RFP.

5. Waive minor informalities or irregularities in Responses.

3.9 Additional Information

The Department reserves the right to seek information from outside sources regarding the Respondent and the Respondent’s offerings, capabilities, references, or performance, if the Department determines that such information is pertinent to the RFP. The Department may consider such information throughout the solicitation process including, but not limited to, when determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Department engaging consultants, subject matter experts, and others to ensure that the

Department has a complete understanding of the information provided by Respondents in response to the RFP.

-Remainder of Page Intentionally Left Blank-

Rev. 03/14/2022

SECTION 4. SELECTION METHODOLOGY

4.1 Review of Mandatory Responsiveness Requirements

The Procurement Officer will review each Response to determine whether the Response satisfies the requirements of Section 3.2, Mandatory Responsiveness Requirements. Only those Responses that meet the mandatory responsiveness requirements will be evaluated. A Respondent who submits

Response that does not satisfy the requirements of Section 3.2, Mandatory Responsiveness

Requirements, will be deemed non-responsive and will not be will not be scored.

4.2 Evaluation Team

The Department’s evaluation team will consist of at least three (3) persons who collectively have experience and knowledge in the program area and service requirements for the contractual services sought under the RFP. Each evaluator will independently evaluate and score each Responsive Response according to the criteria laid forth in Section 4.3, Evaluation Criteria, below.

4.3 Evaluation Criteria

Each Response will be evaluated as set forth in the remainder of this Section 4.3, Evaluation Criteria.

The Procurement Officer will add a Respondent’s Technical Response Score (as described in 4.3.1) and Price Response Score (as described in 4.3.2) to determine the total points awarded to the

Respondent. The total number of points available to a Respondent for this RFP is 145 points. The total points awarded for each Respondent will be used to determine the final ranking of the Respondents.

4.3.1 Evaluation of Technical Response

Each evaluation team member will independently evaluate each Respondent’s Volume 2:

Technical Response against the evaluation criteria set forth in Appendix C, Evaluator Score

Sheet. The maximum available points for the Technical Response is 45 points. The Procurement

Officer will add the score awarded by each evaluator for a Respondent and divide the total by the number of evaluators to determine a Respondent’s Technical Response Score.

4.3.2 Price Response

The Procurement Officer will score Attachment 3, Price Response. Price Responses for the initial contract term will be awarded a maximum of 60 points. Price Responses for the renewal period will be awarded a maximum of 40 points. A Respondent’s Price Response Score will be determined based on the following formula:

Price Response Score = Total Score for Initial Term + Total Score for Renewal Term

A. Total Score for Initial Term:

The Total Score for Initial Term will be determined based on the following formula:

Total Score for Initial Term: Percent charged by the respondent to the winning bidder (Buyer’s Premium). Maximum Score Available = 60

(Lowest Respondent’s Buyer’s Premium / Respondent’s Buyer’s Premium) x

(Maximum Score Available) = Initial Score for Buyer’s Premium

B. Total Score for Renewal Term:

The Total Score for Initial Term will be determined based on the following formula:

Rev. 03/14/2022

Total Score for Renewal Term = Percent charged by the respondent to the winning bidder (Buyer’s Premium). Maximum Score Available = 40

(Lowest Respondent’s Buyer’s Premium / Respondent’s Buyer’s Premium) x

(Maximum Score Available) = Renewal Score for Buyer’s Premium

-Remainder of Page Intentionally Left Blank-

Rev. 03/14/2022

SECTION 5. AWARD

5.1 Basis of Award

If the Department awards a Contract resulting from this RFP, the Department will award the Contract to the responsive and responsible Respondent whose Response is deemed the most advantageous to the

State based upon the criteria set forth in the RFP, as determined by total points awarded (i.e., the highest scoring Respondent). The Department intends to award one (1) Respondent but reserves the right to make no award under this RFP.

The Department reserves the right to determine which Responses are responsive and responsible at any time during the solicitation. The Department may reject a Response, if it fails to demonstrate the

Respondent has the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract. See section 287.012(25), F.S., and section 287.057(1)(b)4., F.S.

The Department reserves the right to accept or reject any or all Responses, or separable portions of

Responses.

The Department will not give preference to a Respondent based on the Respondent’s social, political, or ideological interests.

5.2 Award Preferences for Identical Evaluations of Responses

As used in this Section, the term “Identical Respondents” means the Respondents whose Responses were evaluated as having the same score.

If the Department has Identical Respondents, the Department will apply the information submitted by the Identical Respondents in Appendix D, Award Preferences Form, to award the Contract as follows:

If no Identical Respondent has an Award Preference, the effected Respondents’ names will be placed in a container for the Department’s Procurement Officer to randomly select the Respondent for award of the Contract.

If only one Identical Respondent has one or more Award Preference, the Contract will be awarded to the Respondent with one or more Award Preference.

If an Identical Respondent’s Award Preference includes being a certified minority business enterprise as defined in section 288.703, F.S., the Contract will be awarded to that Identical

Respondent. If two or more Identical Respondents are certified minority business enterprises, the

Contract will be awarded to the Identical Respondent with more additional Award Preferences as defined by statute. If Identical Respondents have the same number of Award Preferences, including as certified minority business enterprises, the Department will award the Contract to the Identical

Respondent with the smallest net worth.

If two or more Identical Respondents have one or more Award Preference, and one or more of those Identical Respondents is a certified veteran business enterprise, the Contract will be awarded to the Identical Respondent with the smallest net worth.

If two or more Identical Respondents have one or more Award Preference, and none of those Identical

Respondents is a certified veteran business enterprise, the effected Respondents’ names will be placed in a container for the Department’s Procurement Officer to randomly select the Respondent for award of the Contract.

Rev. 03/14/2022

If the Procurement Officer must draw names from a container to determine the Respondent for award of the Contract, the Department will notice a public meeting through an addendum on the VIP for the

Procurement Officer to draw a name.

5.3 Agency Decision

The Department intends to award the Contract to the responsive and responsible Respondent whose

Response receives the highest total score for the evaluation criteria described in the RFP. The

Department’s intended decision will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ on the date specified in the Timeline (as may be modified by any subsequent Addenda) and will remain posted for a period of seventy-two (72) hours. Any

Respondent who is adversely affected by the Department’s recommendation award or intended decision must file the following with the Department of Financial Services, Agency Clerk, Office of the General

Counsel, 200 E. Gaines Street, Tallahassee, FL or DFSAgencyClerk@myfloridacfo.com:

1. A written notice of protest within seventy-two (72) hours after posting of the intended decision, the notice of protest filed to the street address or email above, and

2. A formal written protest and protest bond in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed to the street address or email above. At the time of filing the formal written protest, a bond (a cashier’s check or money order may be accepted) payable to the Department must also be submitted in an amount equal to one percent (1%) of the estimated contract amount based on the contract price submitted by the protestor.

Failure to file a protest within the time prescribed in Section 120.57(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.

Additionally, if the Department decides to reject all Responses at any time during the solicitation, the

Department will post a notice to that effect on the VIP.

5.4 MyFloridaMarketplace (MFMP) Registration

The awarded Respondent must have a current vendor registration in MFMP, at https://vendor.myfloridamarketplace.com/, prior to Contract execution.

The awarded Respondent will be required to pay the required transaction fees as specified in PUR 1000, Section 7., unless an exemption has been requested and approved prior to the award of the Contract pursuant to Rule 60A-1.031, F.A.C.

5.5 Execution of Contract

Unless otherwise agreed by the Department, the awarded Respondent must sign the Contract within seven (7) calendar days of receipt of the Contract for execution, unless there is an automatic stay triggered by the filing of a formal protest. If a formal protest is timely filed, the time to sign the Contract will be tolled. The Department reserves the right to withdraw its Notice of Intent to Award if the

Contract is not timely signed, if it determines that it is in the best interest of the State to do so. The

Department also reserves the right to award to the Respondent ranked second if the Department does not receive a timely signed Contract from the awarded Respondent.

The Contract will be posted on the Florida Accountability Contract Tracking System (FACTS) at https://facts.fldfs.com/, in accordance with section 215.985, F.S., the Transparency Florida Act.

https://vendor.myfloridamarketplace.com/ https://facts.fldfs.com/

Contract Signature Page v2024.11.19 Page 1 of 2

STATE OF FLORIDA

DEPARTMENT OF FINANCIAL SERVICES

Contract Title: Auctioneering Services

Contract No.: TBD

P.O. No. or Solicitation No.: 2324-11 RFQ UP

THIS CONTRACT (“Contract”) is entered into between the State of Florida, Department of Financial Services, located at 200 East Gaines Street, Tallahassee, FL 32399, (hereinafter called the “Department”) and [Contractor’s

Name], located at [Contractor’s Address], (hereinafter called the “Contractor”), collectively referred to herein as the

“Parties.” The Parties agree as follows:

1. Entire Contract.

The Contract shall include this document and all incorporated attachments listed in section 6., Order of Precedence.

The Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any preprinted terms and conditions included on Contractor’s forms or invoices are null and void.

2. Contract Term.

Effective Date Completion Date Renewals

The date last signed under section 8., Execution, whichever is later.

Three (3) years, unless terminated earlier in accordance with the terms set forth in the Contract.

Up to three (3) years

3. Contract Price.

Price of Contract Term Price of Renewals Total Contract Price

(Contract Term plus Renewals)

TBD TBD TBD

4. Appropriation.

N/A

5. Bonds.

Performance Bonds (if any) Other Bonds (if any)

N/A N/A

6. Order of Precedence.

The Parties agree to comply with the terms and conditions of the following documents which are hereby incorporated by reference. If there is any discrepancy between Attachment 2, Statement of Work, and any incorporated portions of the Contract that were provided by the Contractor, the terms most favorable to the

Department will prevail. If there are conflicting provisions among the documents that make up the Contract, the order of precedence for the documents is as follows: [Add, delete, edit, and re-order table rows as needed.]

Priority

No.

Attachment Document Title Description

1. N/A Contract Signature Page This Contract document.

2. Attachment 2 Statement of Work Parties’ tasks and responsibilities under the Contract.

3. Attachment 1 Special Contract Conditions Department’s additional terms and conditions.

4. Attachment 3 Price Response Contractor’s submitted pricing matrix.

5. Attachment 5 Data Security Requirements Department’s data, infrastructure, and cybersecurity standards.

v2024.11.19 Page 2 of 2

6. Attachment 4 PUR 1000, General Contract Conditions Form PUR 1000 (07/2024), incorporated in Rule 60A-1.002, F.A.C.

7. Attachment 6 Contractor’s Response Collection of the relevant portions of

Contractor’s response.

8. Attachment 7 Mandatory Criteria Certification Form Collection of relevant attestation forms and checklists.

7. Contract Management.

The Parties agree to utilize the named Contract Managers below:

Department’s Contract Manager Contractor’s Contract Manager

Name: TBD Name: [Insert]

Address:

200 E. Gaines Street, Tallahassee, Fl., 32399 Address: [Insert]

Phone: TBD Phone: [Insert]

Email: TBD Email: [Insert]

8. Execution.

IN WITNESS WHEREOF, this Contract is being executed by the undersigned officials as duly authorized. This

Contract is not valid and binding on the Parties until signed and dated by all Parties and will not begin until the

Effective Date.

State of Florida, Department of Financial Services

DEPARTMENT

TBD

CONTRACTOR

AUTHORIZED SIGNATURE

AUTHORIZED SIGNATURE

PRINTED NAME OF SIGNER

PRINTED NAME OF SIGNER

TITLE OF SIGNER

TITLE OF SIGNER

DATE SIGNED

DATE SIGNED

Attachment 1

Special Contract Conditions (v1.0) Page 1 of 10

STATE OF FLORIDA

DEPARTMENT OF FINANCIAL SERVICES

ATTACHMENT 1

Special Contract Conditions

1. Notices.

All notices referenced in this Contract must be obtained from the Parties' Contract Managers or their designees if designated in writing. Where the term “written notice” is used to specify a notice requirement herein, said notice will be deemed to have been given (i) when personally delivered; (ii)…