2024-003-OSCA-ITN-DRC CONFERENCE.pdf

SUPREME COURT OF FLORIDA

OFFICE OF THE STATE COURTS ADMINISTRATOR

INVITATION TO NEGOTIATE

For

DISPUTE RESOLUTION CENTER ANNUAL CONFERENCE

PLANNING AND MANAGEMENT SERVICES

Procurement No.: 2024-OSCA-003 Released: June 1, 2024

Procurement Office Steven K. Updike, CPPB General Services Administrator Office of the State Courts Administrator General Services Unit 500 S. Duval Street Tallahassee, FL 32399-1900

(850) 922-1184 updikes@flcourts.org mailto:updikes@flcourts.org

2024-003-OSCA-ITN-DRC CONFERENCE v010 20240530

TABLE OF CONTENTS

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

SECTION 3 – PROCUREMENT PROCESS

SECTION 4 – PROCUREMENT SCHEDULE

SECTION 5 – PROCUREMENT CONSTRAINTS

SECTION 6 – STANDARD REPLY REQUIREMENTS

SECTION 7 – ADDITIONAL TERMS AND CONDITIONS

SECTION 8 – SCOPE OF WORK

SECTION 8.3 – PROJECT TASKS AND DELIVERABLES

SECTION 8.4 – REPLY STRUCTURE

SECTION 8.5 – REPLY SECTIONS AND REQUIREMENTS

SECTION 8.6 – REPLY EVALUATION

ATTACHMENTS

A – CONTRACTUAL SERVICES ACKNOWLEDGEMENT FORM

B – NOTICE OF CONFLICT OF INTEREST FORM

C – STATEMENT OF NO INVOLVEMENT

D1 – CORPORATE REFERENCE FORM

D2 – E-VERIFY CONTRACTOR’S FORM

D3 – E-VERIFY SUB-CONTRACTOR’S FORM

D4 – COMPLIANCE AFFIDAVIT FORM

E – COST RESPONSE

F – OPTIONAL PRODUCTS AND SERVICES COST RESPONSE FORM

G – MANDITORY REQUIREMENTS COMPLIANCE REVIEW CHECKLIST

H – REQUIREMENTS RESPONSE LOCATION FORM

APPENDICES

1 – SAMPLE STANDARD CONTRACT AND ATTACHMENTS

Pamela McLean TOC needs to be finalized after all updates have been made and approved.

ITN 24-003-OSCA

1. DEFINITIONS

BAFO Best and Final Offer.

Best Value The best overall value to the Office of the State Courts Administrator and the State Courts System based on objective factors that include but are not limited to price and quality.

Business Day Monday through Friday, except for holidays declared and observed by the Court.

Court May refer to a Circuit Court, a District Court of Appeal, the Supreme Court or any department or unit therein.

Contract The agreement which may result from this Invitation to Negotiate between the selected Vendor, and the OSCA.

Contractor

The successful Vendor(s) who is/are awarded a Contract in response to this ITN and which provides services to the State Courts System in accordance with the Contract.

The term Contractor shall include all employees, Subcontractors, agents, volunteers, and anyone acting on behalf of, in the interest of, or for, the Contractor.

CR Clarification Request.

DFS The Florida Department of Financial Services.

DMS The Florida Department of Management Services.

ITN Invitation to Negotiate.

MFMP

MyFloridaMarketPlace – the State of Florida’s online exchange for buyers and Vendors, centralizing procurement activities and streamlining interactions between Vendors and state government entities.

Minor Irregularities

Variations of terms and conditions from the Invitation to Negotiate which do not affect the price of the Reply or give the Vendor an advantage or benefit not enjoyed by the other Vendors or do not adversely impact the interests of the State Courts System.

OSCA The Office of the State Courts Administrator.

Proposal The complete written response of the Proposer to the ITN Scope of Work requirements, including any sample forms, supporting documents and exhibits.

Proposer A responsive and responsible Vendor who submits a Reply containing a Proposal to this

ITN.

PDF Portable Document Format.

Reply A competitive, sealed Proposal, properly completed forms, supporting documents and attachments submitted in response to this ITN.

Responsible Vendor

A Vendor who has the capability, in all respects, to perform fully the Contract requirements and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit to assure good faith performance.

Responsive Reply

A Reply submitted by a responsible Vendor that conforms in all material respects to the solicitation.

State Courts System

The Supreme Court, district courts of appeal, circuit courts, county courts, and certain support entities, including the Office of the State Courts Administrator.

State Fiscal Year

July 1st to June 30th.

Subcontractor Any person or entity other than an employee of the Contractor who performs any of the services listed in this ITN for compensation.

VIP

Vendor Information Portal id System is the State of Florida’s internet-based system hosted by the DMS where solicitations for commodities and services and updates are posted. https://vendor.myfloridamarketplace.com/

Vendor

Any firm, entity or person who may submit a Reply in response to this ITN. A Vendor who submits a “responsive” Reply and is deemed a “responsible” Vendor is considered a “Proposer”. The entity identified as the Vendor in the Reply who is awarded a Contract as a result of this ITN will be the “Contractor”.

Vendor ID The identification number issued by the DFS upon completion and submission of the required forms and documentation to become a Vendor authorized to do business with the State of Florida.

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https://vendor.myfloridamarketplace.com/

2. INTRODUCTION

PROCUREMENT OFFICER

Steven K. Updike, CPPB Office of the State Courts Administrator General Services Unit 500 S. Duval Street Tallahassee, FL 32399-1900

(850) 922-1184 Office updikes@flcourts.org

PURPOSE OF PROCUREMENT

The Office of the State Courts Administrator (OSCA) desires to enter into a Contract with a qualified event management Vendor to assist in the planning and management of the virtual Dispute Resolution Center Conference. The Conference will be held every 2 years.

The intent is to award a single Contract to one responsible and responsive Vendor who meets the minimum requirements set forth in this procurement with a final pricing and implementation plan that is advantageous to the OSCA, with price and other factors considered. The OSCA reserves the right to award multiple Contracts, if it is in the best interest of the OSCA.

RESTRICTION ON COMMUNICATIONS

Vendors responding to this solicitation or person acting on their behalf may not contact any employee or officer of the OSCA, or of the executive, legislative or judicial branches of the State of Florida between the release of this solicitation and the end of the seventy-two (72) hour period (excluding Saturdays, Sundays, and state holidays) following the posting the notice of intended award concerning any aspect of this solicitation, except the procurement officer named above.

Violation of this provision will result in the Vendors Reply being rejected and the Vendor being disqualified from participating in this procurement.

PROCUREMENT APPROACH

This is an Invitation to Negotiate designed to identify responsible and responsive Vendors who will provide a solution to meet the needs of the OSCA at a price that represents the best value of all replies submitted to the OSCA. Best value does not necessarily mean the lowest bid.

The OSCA will employ a three-phase process to select the Vendor or Vendors to invite to negotiations. The phases are: 1) confirmation that all mandatory requirements have been met;

2) evaluation of the quality and thoroughness of the Vendors proposed solution and evaluation of the proposed cost and 3) negotiations with Vendors ending in a “best and final offer” (BAFO) proposal.

The OSCA may negotiate with one or more of the top scoring Vendors who meet the minimum mandatory requirements identified in this document, sequentially, concurrently, or none at all.

The Procurement Process is described in Section 3.

DESIRED VS. MANDATORY REQUIREMETS AND ACTIONS

Within this procurement document, the use of “shall” or “must” indicates a mandatory requirement or mandatory action. The OSCA will consider failure to meet the minimum mandatory requirements a material deficiency and will reject the Reply and not consider it further.

The use of “should” or “may” indicates a desired requirement. The OSCA will not reject a Reply just because it fails to meet a desired requirement.

mailto:updikes@flcourts.org

VENDOR ADMONISHMENTS

2.6.1 To submit a successful Reply, Vendors must carefully follow all directions in this procurement document.

2.6.2 Vendors are responsible for monitoring the VBS website for new or updated information related to this procurement. The location of the VBS is described in Section 3.1.1.

2.6.3 Vendors are strongly advised to carefully read the entire procurement document to fully understand the procurement process and requirements before writing and submitting a Reply.

2.6.4 Vendors must follow the procurement process described in Section 3.

2.6.5 Vendors must perform all of the required activities described in Sections 8.3, 8.4, and 8.5.

2.6.6 Vendors must submit a Reply that fully complies with the required organization, format, and contents specified in Section 8.4 and 8.5.

2.6.7 Vendors should review Section 7.5; Standard Contract Provisions and are strongly encouraged to thoroughly review the sample Contract included as Appendix 1 to this procurement document. The OSCA will execute a Contract similar to the sample provided.

2.6.8 Vendors should be further advised that many of the provisions of the sample Contract are required by federal and state laws, rules, or policies; therefore, most requested changes may have to be denied.

2.6.9 The OSCA will address any Contract terms and conditions concerns during the negotiation process. The final Contract will be issued when the Notice of Intent to Award is posted on the VBS. Failure to execute a final Contract within ten (10) business days from the date of the posting of the notice of intent to award will result in the Vendor being declared non-responsive and the award will be rescinded.

2.6.10 Confidential, proprietary, trade secret, or other protected information submitted in Vendor replies must be properly and clearly identified and labeled as specified in Section 5.11.

RESERVED RIGHTS

The OSCA reserves the right to:

• Amend this ITN.

• Waive minor irregularities in submitted Replies.

• Request clarifications from Vendors.

• Reject any or all Replies received in response to this procurement, if the OSCA determines such action is in the best interest of the OSCA or due to unavailability of funds.

• Request additional information to assess Vendors capabilities.

• Negotiate with one or more Vendors, either sequentially or concurrently, or not negotiate at all.

• Request additional Best and Final Offers (BAFO) if in the OSCA’s best interest.

• Exercise all, or part, or none of the renewal options.

• Use any idea Proposed unless otherwise protected by law.

3. PROCUREMENT PROCESS

3.1 PROCUREMENT PROCESS

3.1.1 Procurement Release

This procurement is posted on the Vendor Bid System (VBS) web site:

http://myflorida.com/apps/vbs/vbs_www.main_menu. To find the procurement or other related information, click “Search Advertisements”, enter Agency “Office of State Courts Admin” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the OSCA Procurement Officer identified in Section 2.1.

State Courts System rules requires that a notice of protest be made within seventy-two (72) hours after the posting of the intent to award. The following statement shall be included in all postings:

“Failure to file a protest within seventy-two (72) hours after the posting of the intent to award, 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, barring any further legal protest action”.

3.1.2 Addenda

3.1.2.1 All addenda will be in writing and will be posted electronically on the VBS web site referenced in Section 3.1.1 above. If unable to download an addendum, contact the Procurement Officer identified in Section 2.1 by email.

3.1.2.2 It is the responsibility of each Vendor to monitor the VBS web site, as additional notifications may not be provided.

3.1.3 Questions

3.1.3.1 Questions relevant to this procurement are invited and must be submitted in written form (emailed or mailed) to the Procurement Officer. Questions must be received by the OSCA Procurement Officer on or before the date and time identified in the Procurement Schedule (Section 4). The OSCA recommends that Vendors confirm receipt of questions submitted.

3.1.3.2 The OSCA will conduct a Pre-Proposal conference for vendors to ask any follow-up questions. This will not be a mandatory conference; however, all Vendors are encouraged to attend either in person or via audio-only conference line. The location of the conference and audio-only conference line access information will be posted on the VBS five (5) business days prior to the event.

3.1.3.3 Questions and the OSCA’s responses will be posted on the VBS web site in accordance with the Procurement Schedule. The written response posted on the web site is the ONLY official response. Any responses that differ from the VBS posted written responses must be considered incorrect.

3.1.3.4. Public record requests submitted as part of the question period will be answered as promptly as possible in the ordinary course of business but may not be answered as part of the question and response process. Responses to public record requests may be furnished to the requesting Vendor only.

3.1.3.5. Vendors are cautioned that questions submitted should not contain cost information. The inclusion of cost information with questions submitted will result in the Vendors disqualification.

3.1.3.6. It is the responsibility of each Vendor to monitor the VBS web site, as no additional notification will be provided when responses to questions are posted.

http://myflorida.com/apps/vbs/vbs_www.main_menu

3.1.4. Errors in Procurement Documents

3.1.4.1. If a Vendor discovers any ambiguity, conflict, discrepancy, omission, or other error in this document, the Vendor shall immediately notify the OSCA in writing of the error. The OSCA will resolve major problems with an addendum. Minor problems may be addressed as a question and response, if applicable, or as an addendum, posted on the VBS.

3.1.4.2 If the document contains an error known to the Vendor or an error that reasonably should have been known, the Vendor shall respond at its own risk.

If the Vendor fails to notify the OSCA of the error prior to the Reply submission and is awarded a Contract, the Vendor shall not be entitled to additional compensation or time by reason of the error or its later correction.

3.1.5 Reply Submission

3.1.5.1 Replies must be delivered or emailed and received by the OSCA General

Services Office on or before the date and time specified in the Procurement Schedule, Section 4. The OSCA General Services Office is located at:

Office of the State Courts Administrator General Services - Attn. Steve Updike 500 South Duval Street Tallahassee, FL 32399-1900

Email Submission: SCS_contracts@flcourts.org

3.1.5.2 Vendors are cautioned that mailing Replies via the United States Postal

Services (USPS) will cause packages to be routed to the OSCA’s Mail Processing Center in an off-site facility and may cause delays in delivery.

Vendors choosing to mail Replies via USPS must take this into consideration and allow sufficient time to ensure timely delivery. It is strongly encouraged that all Replies be either hand-delivered or sent via overnight courier to ensure timely delivery.

3.1.5.3 Vendors choosing to hand deliver Replies must take into consideration that the above building is a secured facility. Vendors should allow sufficient time for obtaining admission through the security office, for multiple parties may be attempting to enter at the same time.

3.1.5.4 Delivery means received at the Supreme Court Building on or before the required date and time. Replies delivered late or to the wrong location will be rejected. Vendors are strongly encouraged to confirm receipt of their Reply in advance of the deadline.

3.1.6 Reply Withdrawal

Replies submitted on or before the Reply due date may be withdrawn, amended, or replaced with another Reply up until the Reply due date and time. Replies withdrawn prior to the Reply Opening date and time will be returned, unopened to the Vendor at the Vendors expense.

3.1.7 Reply Opening

3.1.7.1 Replies will be opened at the time and date specified in the Procurement

Schedule (Section 4). The name(s) of Vendors submitting Replies will be made available to interested parties upon written request to the Procurement Officer listed in Section 2.1.

3.1.7.2 The contents of Reply submissions are exempt from public disclosure until the OSCA posts a “Notice of Intended Agency Decision”, and therefore will not be available for immediate review by the public.

3.1.8 Material Requirements Compliance Review

3.1.8.1 Each Vendor shall submit a Reply that conforms in all material respects to this solicitation. Material requirements of this ITN are those set forth as mandatory or those that affect the competitiveness of Replies. All Replies will be reviewed to determine if they are responsive.

3.1.8.2 The OSCA will conduct a Mandatory Requirements Compliance Review of all Replies submitted in response to this ITN. This review does not assign scores but is simply a pass/fail review. Replies that do not meet all material requirements of this ITN; fail to include any of the mandatory qualifications requirements in this ITN (see Section 8.5); fail to timely respond to Clarification Requests (see Section 3.1.11); fail to provide the required/requested information, documents, or materials in the Reply and/or during the Reply Qualification Process; or include language that is conditional, or takes exception to material terms, conditions and requirements, shall be rejected as non-responsive and not considered further.

3.1.8.3 The OSCA reserves the right to determine whether a Reply meets the material requirements of the ITN.

3.1.9 Reply Qualification

Upon opening of Vendors Technical Reply Volume, as discussed in sections 8.4.1 through 8.4.3, the OSCA will conduct a pass/fail review of each Reply to determine a Vendors compliance with the mandatory requirements listed in this ITN. Compliance with all mandatory requirements qualifies the Vendors Reply to continue through the procurement process.

Certain minor deficiencies in the Technical Reply Volume identified during this review process may be cured through a Clarification Request process, at the discretion of the OSCA. Failure of a Vendor to timely respond to Clarification Requests from the OSCA may result in a determination of non-responsiveness and removal of the Vendor from further consideration.

3.1.10 Reply Evaluation

The OSCA will evaluate the information submitted in the Technical Reply Volume using a team of at least three (3) persons who collectively have experience and knowledge in the program areas and service requirements called for by the ITN, herein referred to as the Evaluation Team.

The Evaluation Team will evaluate the information in accordance with Section 8.6 of this ITN.

3.1.11 Clarification Requests

Throughout the solicitation process, the OSCA will issue Clarification Requests for information in Replies which may appear ambiguous or inconsistent. The following process will be used:

3.1.11.1. If the OSCA detects an ambiguity or inconsistency within a Reply, the Procurement Officer will issue a Clarification Request.

3.1.11.2. Proposers are cautioned the OSCA will not generate a Clarification Request for an omission, even of a mandatory topic or mandatory requirement. The OSCA will reject a Reply that omits a mandatory topic or requirement.

3.1.11.3. Clarification Requests will be provided in writing. Instructions on how and when to respond will be provided at the time the request is initiated.

3.1.11.4. Unless another timeframe is provided, within twenty-four (24) hours (one (1) business day) of receipt of the Clarification Request, the Proposer shall send to the Procurement Officer or their designee (by email) a written Clarification Request Response with a letter binding the company to the contents of the Clarification Request responses and signed by an individual authorized to bind the company. The Proposer should confirm receipt. The OSCA will ignore any written material that does not respond directly to a Clarification Request.

3.1.11.5. The OSCA will use the written Clarification Request Responses to update the Proposer’s Reply. An unresolved Clarification Request may result in an Evaluator deeming a Proposer’s Reply non-responsive.

3.1.11.6. Clarification Request Responses are restricted to information that responds directly to a Clarification Request; therefore, Proposer may not submit information that does not respond directly to a Clarification Request in the written Clarification Request Responses. If a Proposer does submit new information that does not directly respond to the Clarification Request, the OSCA will not evaluate it.

3.1.11.7. Clarifications will not result in a material or substantive change to the Proposer’s Reply.

3.1.12 Divergent Review

3.1.12.1 At the conclusion of the Evaluation, a divergent review may take place, at the discretion of the OSCA. A divergent review provides all evaluators with the opportunity to re-review any evaluation to address any unusual variations in one or more rankings when compared to the rankings of other evaluators.

3.1.12.2 Evaluators are only provided the opportunity to re-review reply rankings; they are not required to, but may, change any ranking based on this review.

3.1.12.3 After a divergent review, regardless of whether the divergence still exists, the solicitation process will continue forward without delay.

3.1.13 Cost Volume Opening

3.1.13.1 On the date set forth in the Procurement Schedule Volume Two: Cost Reply will be opened. This meeting will be for the OSCA to open and record the Vendor names and submitted costs on a Cost Data Sheet.

3.1.13.2 The Cost Data sheet will be made available to interested parties upon written request to the Procurement Officer listed in Section 2.1.

3.1.13.3 The contents of Cost Reply submissions, excluding Cost Data Sheets, are exempt from public disclosure until the OSCA posts a “Notice of Intended Agency Decision”, and therefore will not be available for immediate review by the public.

3.1.14 Cost Data Volume Review

The OSCA will check the arithmetic and include each Vendors cost information into a matrix with all other Vendors cost information to arrive at the points awarded for cost. The lowest bidding Vendor will receive 100 points and the other Vendors will receive points commensurate with the proximity of their bid to the lowest bid.

3.1.15 Negotiations

The OSCA will use the evaluation rankings on the Technical and Cost Replies to determine which Vendors to negotiate with.

3.1.15.1 The OSCA reserves the right to negotiate with one or more, all, or none of the Vendors submitting responsive Replies to the ITN. The OSCA further reserves the right not to eliminate any responsive Vendor from consideration during negotiations, as determined to be in the best interest of the OSCA.

3.1.15.2 The OSCA reserves the right to conduct negotiations sequentially or concurrently or not negotiate at all. If there are no issues requiring negotiation with a Vendor, the OSCA will not conduct a negotiation meeting.

3.1.16 Notice of Intended Award

3.1.16.1 At the conclusion of negotiations, the OSCA will post a Notice of Intended

Agency Decision, as determined to be in the best interest of the OSCA. The Notice will be posted on the VIP System for seventy-two (72) hours.

3.1.16.2 Successful negotiations do not guarantee an award of a Contract. An award from this ITN does not guarantee execution of a Contract.

3.1.16.3 It is the responsibility of Vendors to monitor the VBS web site, as no additional notifications will be provided.

3.1.17 Protest and Protest Filing

Any bidder, offeror or Vendor who is adversely affected in connection with the solicitation or award of a Contract and who wants to protest the decision or intended decision, must file the following documents with the OSCA General Services Office, 500 South Duval Street, Tallahassee, FL 32399-1900, or electronically at SCS_Contracts@flcourts.org .

NOTICE: FAILURE TO FILE A PROTEST WITHIN THE TIME PERMITTED BY SECTION 6.10 OF THE STATE COURTS

SYSTEM PURCHASING DIRECTIVES, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST.

3.1.17.1 A Notice of Intent to Protest to the Procurement Officer within seventy-two (72) hours after posting of the Intent to Award on the VIP System. The seventy-two (72) hour period excludes Saturdays, Sundays, and legal holidays. Filing may be made via email to the Procurement Officer identified in Section 2.1.

3.1.17.2 A formal written protest stating with particularity the facts and the law upon which the protest is based must be filed within ten (10) calendar days, inclusive of weekends and holidays, after the date on which the Notice of Intent to Protest is filed.

3.1.17.3 A protest bond within ten (10) calendar days after the date on which the notice of Intent to Protest is filed.

3.1.17.4 Failure to file a protest within the time prescribed or to post the bond or other security required by this ITN shall constitute a waiver of protest proceedings.

3.1.17.5 Any person who files an action protesting a solicitation or award of a Contract, shall post with the OSCA at the time of filing the formal written protest, a bond payable to OSCA in an amount of $5,000. In lieu of a bond, the OSCA may accept a cashier’s check or money order in the amount of the bond.

3.1.17.6 The bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the tribunal in which the action is brought and in any subsequent appellate court proceeding.

mailto:SCS_Contracts@flcourts.org

4. PROCUREMENT SCHEDULE

Below is the procurement schedule that represents OSCA’s best estimate of the schedule that will be followed. If deviations from this schedule occur, the OSCA will publish an ITN addendum on the VBS. No liability to the OSCA will result from such deviations. All required Vendor actions must be completed by the date and time in the schedule. All listed times are Eastern Standard Time.

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EVENT DATE DUE TIME DUE

Release of the Invitation to Negotiate June 1, 2024 4:00 PM Questions/Inquiries - Vendor submits questions/inquiries, no later than

June 14, 2024 3:00 PM

OSCA posts responses to questions/inquiries on the VIP System June 21, 2024 3:00 PM

Reply submissions DUE DATE and QUALIFICATIONS VOLUME OPENING TIME June 28, 2024 3:00 PM

The below sequence of events is being provided for informational purposes only. Date(s) and Time(s) for each will be provided closer to the actual event.

The OSCA will publish any ITN addendum on the VIP System and/or notify in writing via email, all Vendors that submitted Replies, with the date and time and guidance/instructions, as applicable for each event.

OSCA begins evaluation and providing Clarification Requests to Vendors as needed July 8, 2024

COST VOLUME OPENING July 15, 2024 3:00 PM

Begin conducting negotiations July 17, 2024

Sealed Best and Final Offers Due, If Required July 31, 2024 3:00 PM

Post Intent to Award on VIP System August 7, 2024 3:00 PM Contracts Distributed to Vendors August 8, 2024 Signed Contracts Due Back from Vendors August 22, 2024

Contract Start Date August 26, 2024

5. PROCUREMENT CONSTRAINTS

5.1 COMPLIANCE WITH LAWS

5.1.1. Discrimination - Any person submitting a Reply for providing commodities or contractual services must comply with antidiscrimination laws and may not exclude any person(s) from participating in, deny any person(s) the proceeds or benefits of, nor otherwise subject any person(s) or Subcontractors to any form of discrimination based on the grounds of race, creed, color, national origin, age, sex, or disability. Any person, who is providing commodities or contractual services, or possible subcontract, must comply with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any Reply documents or the attendance at any related meeting or Reply opening. If accommodations are needed because of a disability, please contact the OSCA General Services Office at (850) 410-5300 at least five (5) business days prior to the event.

5.1.2. E-Verify - The Vendor will be in full compliance with sections 448.09 and 448.095, Florida Statutes, regarding the use the Department of Homeland Security’s (DHS) E-Verify System (https://www.e-verify.gov/) to verify the employment eligibility of each new employee hired, as required by 8 CFR, section 274a.

The Vendor will provide proof of E-Verify registration or a completed State Courts System E-Verify Registration Waiver Affidavit (See attached) with their reply to this ITN. The Vendor shall provide a completed State Courts System Subcontractor’s Affidavit and E- Verify Registration Waiver Affidavit (See attached) and, if applicable, proof of E-Verify registration for each subcontractor who will perform work under the contract resulting from this ITN.

The Vendor shall also include the requirement to comply with these statutes in all subcontracts for work to be performed under the contract resulting from this ITN. Vendors are cautioned that violation of the provisions in these paragraphs by the Vendor or subcontractor may result in fines, the ineligibility to enter into, renew, or extend any contract or grant with any governmental entity of the State of Florida, the ineligibility to receive or renew any license, certification, or credential issued by a governmental entity of the State of Florida for up to five (5) years, placement on the State of Florida Suspended Vendors list and immediate termination of the Contract by the OSCA pursuant to section 448.095(5)(c), Florida Statutes.

Pursuant to section 448.095(5)(c)3, Florida Statutes, the Vendor is liable for any additional costs incurred by the OSCA as a result of the termination of the contract resulting from this ITN a violation of the provisions contained in these paragraphs.

5.1.3. Foreign Countries of Concern - Pursuant to section 287.138, Florida Statutes, governmental entities of the State of Florida are prohibited from entering into certain contracts with entities where a foreign country of concern, as defined in section 287.138(1)(c), Florida Statutes, possesses a controlling interest in the entity.

The Vendor will complete and submit with their reply to this ITN, an affidavit signed by an officer or authorized representative of the Vendor under penalty of perjury that that their company is not an entity the OSCA is prohibited from contracting with pursuant to Section 287.138, Florida Statutes.

Vendors are cautioned that, in addition to the criminal penalties for perjury, civil penalties equal to twice the amount of the contract resulting from this ITN being assessed, the ineligibility to enter into, renew, or extend any contract or grant with any governmental entity of the State of Florida, the ineligibility to receive or renew any license, certification, or credential issued by a governmental entity of the State of Florida for up to five (5) years, and placement on the State of Florida Suspended Vendors list may be imposed upon any contractor falsifying the affidavit or violating this statute.

5.1.4. Prohibitions Against Forced Labor and Human Trafficking – Pursuant to sections 287.1346 and 787.06(13), Florida Statutes, governmental entities of the State of Florida are prohibited from accepting a bid, proposal or reply to any solicitation, entering into contracts with, or transacting business with entities that engage in forced labor, as defined by section 287.1346(1)(a), Florida Statues, and/or human trafficking, as defined in section 787.06(2)(d), Florida Statutes.

The Contractor\Recipient will complete and submit with the Contract\Agreement, an affidavit signed by an officer or authorized representative of the contractor under penalty of perjury that that their company is not an entity the OSCA\Circuit is prohibited from contracting with pursuant to sections 287.1346 and 787.06, Florida Statutes.

Contractors\Recipients are cautioned that, in addition to the criminal penalties for perjury, civil penalties equal to twice the amount of this Contract\Agreement being assessed, the ineligibility to enter into, renew, or extend any contract or grant with any governmental entity of the State of Florida, and placement on the State of Florida Forced Labor Vendors list may be imposed upon any contractor falsifying the affidavit or violating this statute.

5.2 DIVERSITY

The State Courts System is committed to supporting diverse business industries and populations through ensuring participation by minority, service-disabled veteran, and women-owned business enterprises in the economic life of the state. Small, minority, service-disabled veteran, and women-owned business enterprises are strongly encouraged to participate in this solicitation as a Vendor or Subcontractor.

Information on Certified Minority Business Enterprises and Certified Service-Disabled Veteran Business Enterprises are available from the Office of Supplier Diversity at:

http://osd.dms.state.fl.us/, or by calling the Office of Supplier Diversity at (850) 487-0915.

5.3 DISCRIMINATORY VENDOR LIST

The Florida Department of Management Services is responsible for maintaining discriminatory Vendor information on its website. An 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.

Questions regarding the Discriminatory Vendor List may be directed to the Florida Department of Management Services, Division of State Purchasing at (850) 488-8440.

5.4 CONVICTED VENDOR LIST

The Florida Department of Management Services also maintains on its website a list of any convicted vendors. 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.

Questions regarding the Convicted Vendor List may be directed to the Florida Department of Management Services, Division of State Purchasing at (850) 488-8440.

5.5 SUSPENDED VENDOR LISTS

A person or affiliate who has been placed on the Department of Management Services Suspended Vendor List for contractual default, the Department of Commerce Suspended Vendor List for failure to comply with sections 287.138, 287.1346, 448.09, 448.095, 787.06, or 787.30 may be excluded from award of a contract unless the Vendor corrects its failure within the time frame provided by the contracting entity, pays any additional cost incurred for re-procuring the services, or is legally removed from all lists.

http://osd.dms.state.fl.us/

Questions regarding the Suspended Vendor List may be directed to the Florida Department of Management Services, Division of State Purchasing at (850) 488-8440.

5.6 FLORIDA DEPARTMENT OF STATE

All Vendors must be registered with the Florida Department of State, Division of Corporations as an entity authorized to transact business in the State of Florida by the date the Technical Requirements Volume is opened. Vendors who fail to register will be deemed “non-responsible” and will be excluded from consideration.

Registration documentation must be submitted in Volume One: Tab A of the Vendors Reply.

5.7 SUBMISSION OF IRS FORM W-9

The State of Florida is required by federal law to perform “Taxpayer Identification Number” (TIN) matching for all vendors with the United States Internal Revenue Service (IRS). The Florida Department of Financial Services has created a web site for vendors to file an electronic version of the W9 (or Substitute W9). All vendors must file a W9 and complete the IRS TIN matching process before they submit a response to this ITN.

The confirmation of successful completion of the IRS TIN matching emailed to the Vendor by the DFS system must be submitted in Volume One: Tab A of the Vendors Reply.

Vendors may complete the W9/IRS TIN matching online at: https://flvendor.myfloridacfo.com/

5.8 REGISTRATION WITH FLORIDA DEPARTMENT OF MANAGEMENT

SERVICES (DMS) – MYFLORIDAMARKETPLACE

DMS has instituted MyFloridaMarketPlace (MFMP), a statewide e-Procurement System. All Vendors doing business with the State must be registered on MFMP. Vendors must have completed registration with the MFMP prior to submitting a Reply and must submit evidence of their registration with their Reply in Volume One, Tab A.

Vendors may register online at: https://vendor.myfloridamarketplace.com

5.9 CONFLICTS OF INTEREST/NO PRIOR INVOLVEMENT

Vendors, Contractors, Subcontractors, and individuals that have assisted in preparation of the ITN or with project management oversight are precluded from bidding or preparing a Reply for this solicitation.

The Vendor and/or Contractor shall not compensate in any manner, directly or indirectly, any officer, agent, or employee of the OSCA for any act or service that he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the Vendor and/or Contractor. No officer, agent, or employee of the OSCA shall have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the OSCA.

The Contractor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under the Contract resulting from this ITN.

All Vendors submitting a Reply to this ITN and their Subcontractors should complete and execute Attachment B: Notice of Conflict of Interest and Attachment C: Statement of No Involvement and return in Volume One: Section A of the Vendors Reply.

5.10 PUBLICITY

Vendors shall not release any publicity relating to this procurement prior to award of a Contract, unless the Vendor receives written approval from the OSCA General Services Office. Violation of this restriction will result in Vendor disqualification. Furthermore, Vendors shall not release any publicity relating to the Contract, if awarded, without receiving written approval from the OSCA Procurement Officer.

https://flvendor.myfloridacfo.com/ https://vendor.myfloridamarketplace.com/

5.11 CONFIDENTIAL INFORMATION

The OSCA takes its public records responsibilities very seriously.

All Vendors submitting a Reply to this ITN shall submit a non-redacted version of Volume One:

Technical Reply that will be distributed, as determined necessary and appropriate by the OSCA, for the purposes of evaluating, negotiating, and awarding the ITN.

If a Vendor considers any information in the documents submitted in response to this solicitation exempt from disclosure pursuant to Rule 2.420, Florida Rules of General Practice and Judicial Administration, such information shall be clearly marked as “CONFIDENTIAL” or “TRADE SECRET” and shall site the legal basis for the exemption. Information claimed as a trade secret must be specifically marked as such and must meet the definition of trade secret provided in section 688.002(4), Florida Statutes, and section 812.081, Florida Statutes. Failure to identify any information submitted as confidential shall constitute a waiver of any claimed exemption.

A Vendor that claims any information in the Reply is exempt from disclosure must provide a redacted copy of the Reply clearly marked “Redacted Copy.”

Only the specific confidential portion(s) of the Reply are to be identified and marked as such.

Vendors are to clearly mark where confidential information begins and ends.

An entire Reply or page is not to be marked confidential unless the entire Reply or page actually consists of confidential information.

The OSCA will provide the redacted copy of the Reply in response to any public records request.

If a requestor asserts a right to the redacted information, or the redacted information becomes subject to a demand for discovery or disclosure, the OSCA will give the Vendor prompt notice and the Vendor shall be responsible for defending its determination that the redacted portions of the documents are confidential or exempt from disclosure.

Any Reply containing confidential, proprietary, trade secret, or other information not subject to disclosure should also include a separate listing of those Reply sections and the corresponding pages. Designating materials as proprietary will not necessarily protect it from disclosure.

NOTE: Vendors should ensure that templates, standard cover pages, binder covers, disclaimers, headers, footers, and other areas are carefully inspected prior to submitting a Reply, to ensure that only the applicable confidential, proprietary, and trade secret statements are identified.

Any Reply that is submitted with a label of confidential, proprietary, trade secret, or other similar label on the cover page or on all pages may be rejected. The State of Florida does not consider cost to be confidential, proprietary, or a trade secret.

5.12 COPYRIGHTED MATERIAL

Copyrighted material is not exempt from the Florida public records laws.

Copyrighted material will be accepted as part of a Reply or a negotiation session only if accompanied by a waiver that will allow the OSCA to make paper and electronic copies necessary for the use of OSCA staff and agents and to fulfill public record requests.

5.13 VENDOR EXPENSES

All costs incurred by Vendors in preparing or submitting Replies and due to other procurement-related activities (including, but not limited to: site visits, presentations, conferences, reproduction, travel, evaluation of any Reply, etc.) shall be borne by the Vendor. The OSCA is not responsible for reimbursing Vendors for any expenses incurred prior to the award of a Contract.

5.14 REPLY DURATION

Replies are to include a statement in the Cover Letter that Replies are binding until execution of a Contract with the successful Vendor.

http://www.floridasupremecourt.org/clerk/comments/2005/05-1588%20Amended%20Supplemental%20Appendix%20Part%202%20%206-20-06.pdf http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0688/Sections/0688.002.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0812/Sections/0812.081.html

6. STANDARD REPLY REQUIREMENTS

6.1 VENDOR CERTIFICATIONS

By signature on Attachment A: Contractual Services: Acknowledgement Form, Vendors certify that they comply with:

6.1.1 The laws of the State of Florida and the United States of America.

6.1.2 The applicable portion of the Federal Civil Rights Act of 1964;

6.1.3 The Equal Employment Opportunity Act and the regulations issued there-under by the federal government;

6.1.4 The Americans with Disabilities Act of 1990, as amended, and the regulations issued there-under by the federal government;

6.1.5 All terms and conditions set out in this ITN;

6.1.6 A condition that the Reply submitted was independently arrived at, without collusion;

6.1.7 The requirement that the Reply submission is binding until execution of a Contract with the successful Vendor;

6.1.8 The requirement that, in dealings with Subcontractors in conjunction with submitting a

Reply for this ITN, any understanding or agreement is in all respects fair to all parties, including, but not limited to minimum wage and prevailing wage issues, prices and payment terms;

6.1.9 Certification that the person signing the Reply is authorized to sign for the Vendor and to bind the company;

6.1.10 All requirements of the ITN, including but not limited to, certification requirement;

6.1.11 Compliance with the E-Verify provisions in sections 448.09 and 448.095, Florida Statutes;

6.1.12 Compliance with the Forced Labor prohibitions in section 287.1346, Florida Statutes;

6.1.13 Compliance with the Foreign Countries of Concern provisions in section 287.138, Florida

Statutes; and

6.1.14 Compliance with the Anti-Human Trafficking provisions in sections 787.06, Florida

Statutes.

If any Vendor fails to comply with 6.1.1 through 6.1.10 of this section during the procurement or Contract drafting phases, the OSCA reserves the right to declare the Vendor non-responsive and will disregard the Reply. If the failure or discovery of the failure occurs after the Award, the OSCA reserves the right to declare the Contractor in default and may terminate the Contract.

6.2 DISCLOSURE OF REPLIES

All Replies become the property of the OSCA and shall be a matter of public record subject to the provisions of Rule 2.420, Florida Rules of General Practice and Judicial Administration. All Replies will be held in confidence during the evaluation process and prior to posting a “Notice of Intended Agency Decision”. The OSCA shall have the right to use all ideas, contained in any Reply received in response to this ITN. Selection or rejection of the Reply will not affect this right.

Confidential information, including trade secrets contained in Replies will be handled in accordance with Sections 8.4.3 and 8.5.7 of this ITN.

6.3 AUTHORIZED SIGNATURE

All Replies must be signed by an individual authorized to bind the Vendor to the provisions of the

ITN.

6.4 WORK LOCATION

The OSCA prefers the work be performed within the boundaries of the State of Florida, however the Contractor may propose work to be performed outside of the State of Florida if it is performed within the boundaries of the United States or its territories.

http://www.floridasupremecourt.org/clerk/comments/2005/05-1588%20Amended%20Supplemental%20Appendix%20Part%202%20%206-20-06.pdf

6.5 CONFIDENTIALITY OF INFORMATION

The Vendors understand that information exchanged pursuant to this Contract may include information that is confidential or exempt from public disclosure pursuant to Article I. Section 24 of the Florida Constitution and Rule 2.420, Florida Rules of General Practice and Judicial Administration. As a result, the Vendor will be required to use utmost care to protect the confidentiality of information or data provided by the OSCA pursuant to the Contract. If the Vendor receives a public records request, the Vendor will immediately notify the Procurement Officer identified in Section 2.1. The OSCA will review the public records request and relevant records of the Vendor and determine the appropriate response.

Any use, sale or offering of this data in any form by the Vendor, his/her employees or assignees will be considered in violation of this ITN and breach of the resulting Contract. Penalties for violations of confidentiality will include, but are not limited to, cancellation of Contract, requiring the Vendor to purchase identity theft protection services and insurance, and be responsible for any legal action taken by any injured party with no damages paid by the OSCA.

6.6 SUBCONTRACTS

Subcontractors, including leased employees are allowable under this Contract. Vendors should refer to Section 6.1: Contractor, for additional information regarding Contractor and Subcontractor relationships.

The OSCA reserves the right at its sole discretion to approve or request substitution of Subcontractor(s) initially proposed in a Vendors Reply. Additionally, the Contractor must receive written approval from the OSCA prior to substituting one (1) Subcontractor for another; approval is at the sole discretion of the OSCA.

Refer to Section 8 for Reply Submission requirements.

7. ADDITIONAL TERMS AND CONDITIONS

The successful Vendor, in response to this ITN, that is awarded and has executed the Contract will be considered the Contractor.

By signing the resulting Contract, the Contractor accepts full responsibility for all aspects of the Contract. The Contractor shall be responsible for Contract performance and coordinating work to be performed, including support to be provided by any subcontractors. The Contractor will be the sole point of contact with the OSCA relative to Contract performance.

7.1 CONTRACT APPROVAL AND TERM

This ITN does not, by itself, obligate the OSCA. The OSCA’s obligation will commence on the Contract start date or the date of approved signatures by both parties, whichever is later (the “effective date”). The OSCA will not be responsible for payment for any work done by the Contractor, even work done in good faith, if it occurs prior to the effective date.

The Contract shall be in effect from the effective date for a period of three (3) years, unless terminated earlier by the OSCA under the terms of the Contract.

From the date of receiving the final Contract, the successful Vendor shall have ten (10) business days to execute and return the Contract. The OSCA reserves the right to withdraw the Contract and resume negotiations with other responsive Vendors after the tenth business day.

7.2 RENEWALS

The OSCA may renew any Contract resulting from this ITN for any increment or increments for total period not to exceed three (3) years. Renewals are contingent upon the satisfactory performance of the Vendor and subject to the availability of state funds, and must be authorized by mutual agreement in writing, prior to expiration of the Contract.

7.3 ASSIGNMENT

The Contractor may not assign any portion of the Contract resulting from this ITN or its rights, duties, or obligations without prior written approval from the OSCA. The OSCA may assign the Contract to another governmental entity with prior written notice to the Contractor of its intent to do so. Permission to assign will not be unreasonably withheld by either Party.

7.4 LAWS AND PERMITS

The Contractor must comply with all local, county, state and federal laws, rules, regulations, procedures, and codes whenever work is being performed under the Contract resulting from this ITN. All permits and licenses, required for the Contract will be obtained by the Contractor and maintained for the duration of the Contract. The OSCA will not pay the cost of licenses or permits.

Lack of knowledge of the law or applicable rules, regulations, procedures, or codes by the Contractor shall not constitute a cognizable defense…