2223-05 ITB COS.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

Invitation to Bid (ITB)

Number: 2223-05 ITB COS

Advertisements for My Safe Florida Home

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

ITB # 2223-05 ITB COS

Rev. 03/14/2022

Table of Contents

SECTION 1. Introduction

SECTION 2. ITB 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, Standard Terms and Conditions

Attachment 2, Statement of Work

Attachment 3, Price

Response

Attachment 4, PUR

Addendum A, Public Records

Requirements

B Mandatory Criteria Certification Form

C Award Preferences Form

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SECTION 1. INTRODUCTION

1.1 Purpose

The Department of Financial Services (Department), an agency of the state of Florida (State), is issuing this Invitation to Bid (ITB) seeking vendors to provide advertising brokerage services to identify, report, and facilitate the placement of advertisements for the My Safe Florida Home (MSFH) Program on assorted media outlets. The solicitation will be administered through the Vendor Information Portal

(VIP). It is the responsibility of all potential Respondents to monitor this site prior to and after submitting a Response. The submitted Response must comply with the terms and conditions stated in this ITB.

The Department intends to enter into each Contract using Appendix A, Standard Contract, which is hereby incorporated by reference. The Department intends to award Contracts as provided in Section

5, Award, of this ITB document.

1.2 Background

Following the 2004 and 2005 hurricane seasons, which resulted in more than $33 billion in insured property damage, the Florida Legislature created the MSFH Program within the Department. The goal of the MSFH Program was to assist with increasing the strength of Florida’s homes in order to mitigate against future property damage and/or losses as a result of storm damage.

Based on a 2009 report, the MSFH Program reported nearly 400,000 home inspections completed from just over 425,000 requests received. Following the home inspection, eligible homeowners could be awarded matching grants to use in making recommended changes to their homes which would result in a higher Home Structure Rating. From the time of inception of the MSFH Program in 2006 through

January 30, 2009, there were 42,164 applications received and 31,229 applications approved by the

Department along with 7,368 additional grants which were handled through local governments and/or non-profit organizations. Following approval for the grant, homeowners made the home improvements and were reimbursed for verifiable expenditures. The highest concentration of home inspections and approved grant applications originated from Palm Beach, Broward, Miami-Dade, and Monroe counties.

These four counties made up 30% of all inspections and 51% of all approved grant applications.

In May 2022 the Florida Legislature, passed Chapter 2022-268, Laws of Florida, which re-established the MSFH Program. Based on the current appropriation allocated to the MSFH Program, the

Department anticipates that funding could support up to 125,000 home inspections and 23,000 grants in wind borne debris regions of the state.

In order to promote the MSFH Program, the Department intends to advertise on several forms of media to raise public awareness.

1.3 Term

The initial term of the Contract will be one (1) year beginning on the date of execution. The Contract may be renewed 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 ITB document:

Business Day(s) – Monday through Friday, inclusive, except for State government holidays.

Calendar Day(s) – Refers to all days, including weekends and holidays.

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

Department and the awarded Respondent(s).

Contractor – A Respondent that executes a Contract with the Department pursuant to this ITB.

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

Response – A formal response to this ITB.

State - The state of Florida.

Vendor Information Portal (VIP) - The State’s internet-based vendor information system at

MyFloridaMarket Place Vendor Information Portal.

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

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 telephone 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 verbal inquiries, and potential Respondents are not entitled to rely upon any clarification or change to this ITB, 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, or in an addendum to this ITB.

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.

https://vendor.myfloridamarketplace.com/ mailto:DFSpurchasing@myfloridacfo.com

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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 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.

-Remainder of Page Intentionally Left Blank-mailto:osdinfo@dms.myflorida.com

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SECTION 2. ITB PROCESS

2.1 Overview of the ITB

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

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 ITB will be evaluated for award.

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 ITB document, the other section of the ITB 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 the VIP on a regular basis for such updates.

Event

Event Time

Eastern Time

(ET)

Event Date

ITB posted on the VIP. 1:00 PM 12/7/2022

Deadline to submit questions to Procurement Officer. 5:00 PM 12/16/2022

Anticipated date to post answers to Respondents’ questions on VIP. N/A 12/22/2022

Deadline to submit Responses and all required documents to the

Department.

3:00 PM 1/6/2023

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.

3:15 PM 1/6/2023

Anticipated date to post Notice of Intent to Award on VIP. N/A 1/17/2023

Anticipated Contract start date. N/A 1/23/2023

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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 ITB 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 ITB if such modifications are acceptable to the

Department.

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

CONTAINING QUESTIONS.***

Vendors must submit questions using Exhibit 1, Questions Template.

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 ITB document or appendices, the Department will post the modifications 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 ITB

The Department reserves the right to make changes to this ITB 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 each Respondent awarded pursuant to Section 5, Award.

The Contract will consist of the of 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 ITB 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.

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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 http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resour ces/purchasing_forms.

The Special Instructions are in the remainder of Section 3 of this ITB 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.

Section 13 of the PUR 1001 is replaced by Section 5.5 of the ITB. 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

ITB document.

Section 5. Questions.

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

ITB 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 this ITB, the SOW, and all attachments and addenda without exception or caveat.

• 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 http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_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 Appendix B, Mandatory Criteria Certification Form, that meets the requirements provided in Section 3.3.3(A), Mandatory Criteria Certification.

The Department will not evaluate a Response from a Respondent that does not meet the mandatory responsiveness requirements. 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 Section 4, Selection Methodology, of this ITB for how Responses will be evaluated.

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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 ITB 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 ITB. 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 ITB, 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 ITB document, will be accepted.

C. Award Preferences Form

Submit a completed Appendix C, 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 C, Award Preferences

Form, as part of its Response will be considered to have no award preference if there are two or more Responses with identical lowest bids.

3.3.2 Volume 2: Mandatory Responsiveness Requirements

A. Mandatory Criteria Certification

Submit an Appendix B, 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.

B. Price Response

Submit a completed Attachment 3, Price Response.

3.4 How to Submit a Response

Submit the following:

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

Note: The Respondent may use an alternate method of binding other than a binder and include separate tabs or other methods of separation for the volumes of the Response in lieu of separate binders.

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

Gaines Street, Larson Bldg., Suite 146 – Office of Purchasing and Contractual Services, Tallahassee, Florida 32399-0347, by the deadline listed in the Timeline in Section 2.2, Timeline. The Respondent must clearly label the outside of the sealed packages with the ITB number and Respondent’s name.

3.5 Disclosure of Response Contents

All documentation submitted as a Response to the ITB 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 ITB 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 Addendum A, Public Records Requirements, if the Department receives a further request for 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

Rev. 03/14/2022 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 Minor Irregularities

The Department reserves the right to accept, reject, or waive any minor irregularity (including deviations, technicalities, or omissions) if the Department determines that doing so will serve the best interest of the State. At its option, the Department may allow a Respondent to correct any minor irregularity, but the Department is under no obligation to do so. The Department may request that a

Respondent provide clarifications to correct any minor irregularity.

3.9 Additional Information

At any time during the solicitation process, the Department may request, and the Respondent must provide, supporting information or documentation. Failure to supply supporting information or documentation as required and requested may result in the disqualification or rejection of the Response.

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 ITB. 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 pursuant to the solicitation.

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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 considered for contract award.

4.2 Review of Price Response

The Procurement Officer will evaluate each Respondent’s Attachment 3, Price Response, to determine the lowest bid. The Department will average Items 1, 2, and 3 on Respondent’s Attachment 3, Price

Response to arrive at a total bid average by percentage rate then compare each Respondent’s total bid average percentage rate to determine the lowest overall bid.

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SECTION 5. AWARD

5.1 Basis of Award

If the Department awards a Contract or multiple Contracts resulting from this ITB, the Department will award the Contract(s) to the responsible and responsive Respondent(s) that submits the lowest responsive bid as described in Section 4.2, Review of Price Response. The Department intends to award

Contract(s) to one (1) or more Respondents; however, the Department reserves the right make no award, as determined to be in the best interest of the State.

The Department reserves the right to determine which Responses are responsive and responsible at any time during the solicitation. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the

Contract may be rejected as not being responsible vendors as defined in section 287.012, F.S. The

Department may request additional information pertaining to the Respondent’s ability and qualifications to accomplish all services described in this ITB as deemed necessary during the ITB or after Contract award.

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

5.2 Award Preferences for Identical Evaluations of Responses

As used in this Section, the term “Identical Respondents” means the Respondents whose Responses contained identical lowest bids.

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 Contract will be awarded to the Identical

Respondent who pulls the shortest straw.

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 minority business enterprise or a certified veteran business enterprise, the Contract will be awarded to the Identical Respondent with one or more Award

Preference who pulls the shortest straw.

If straws must be pulled to determine the Contract award, the Department will schedule a public meeting through an addendum on the VIP. Representatives from each Identical Respondent who may receive the Contract award as described above will pull a straw on behalf of their Identical Respondents. If a

Rev. 03/14/2022 representative from an Identical Respondent who may receive the Contract award as described above is not present, a Department employee will pull a straw on that Identical Respondent’s behalf.

5.3 Bid Tabulation

The Department will develop a bid tabulation sheet that will show a comparison between the responsible and responsive Respondents’ price points.

5.4 Chief Financial Officer’s Approval

The Chief Financial Officer, or designee, will make the final decision for award after receiving the bid tabulation.

5.5 Agency Decision

The Department will post a Notice of Intent to Award, stating its intent to enter into one (1) or more

Contracts with the Respondent(s) identified therein on the VIP. 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.

5.6 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 14, unless an exemption has been requested and approved prior to the award of the Contract pursuant to Rule 60A-1.031, F.A.C.

5.7 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 next in line 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/

2223-05 ITB COS

EXHIBIT 1

QUESTIONS TEMPLATE

Respondent NAME

ATTACHMENT

IDENTIFIER

SECTION

NUMBER

SUB-SECTION

REFERENCE

ITEM

REFERENCE PAGE NUMBER QUESTION

APPENDIX A

Standard Contract

Rev. 07/23/2021

DEPARTMENT OF FINANCIAL SERVICES

Contract Signature Page

2223-05 ITB COS

Contract Title P.O. No. or Solicitation No., if any Contract Number

Advertisements for My Safe Florida Home 2223-05 ITB COS TBD

1. This Contract is entered into between the parties named below, located at the addresses which follow:

The Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399 (hereinafter called the “Department”)

[Contractor’s Name, address] (hereinafter called the “Contractor”)

2. Contract to Begin: Date of Completion: Renewals:

The date last signed below (“Effective

Date”)

One (1) year from Effective Date Up to three (3) years

3. Total Price of Contract Term: Total Price of Renewal Term: Total Price of Contract Term Plus

Renewal Term:

4. Performance Bond, if any: Other Bonds, if any:

5. Reference to Appropriation for Year 1 of the Contract (if the Contract is over $5 million pursuant to section 216.313, F.S.):

6. Department’s Contract Manager Contractor’s Contract Manager

Name:

Address:

Phone:

Name:

Address:

Phone:

7. The parties agree to comply with the terms and conditions of the following attachments which are hereby incorporated by reference:

Attachment 1: Standard Terms and Conditions

Attachment 2: Statement of Work

Attachment 3: Price Response

Attachment 4: PUR 1000

8. The parties agree to comply with the terms and conditions of the following addenda which are hereby incorporated by reference:

Addendum A: Public Records Requirements

IN WITNESS WHEREOF, this Contract is being executed by the parties and will begin on the Effective Date.

CONTRACTOR

Contractor’s Name (if other than individual, state whether corporation, partnership, etc.)

By (Authorized Signature) Date Signed

Printed Name and Title of Person Signing

Department of Financial Services DEPARTMENT

By (Authorized Signature) Date Signed

Printed Name and Title of Person Signing

Attachment 1

Rev. 01/03/22

DEPARTMENT OF FINANCIAL SERVICES

Standard Terms and Conditions

(Applicable to Competitively Procured Contracts)

ATTACHMENT 1

1. Entire Contract.

This Contract, including any Attachments and Addenda referred to herein and attached hereto, 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 contract terms and conditions included on Contractor’s forms or invoices will be null and void.

2. Contract Administration.

a. Order of Precedence. If there are conflicting provisions among the documents that make up the

Contract, the order of precedence for the documents is as follows:

i. Attachment 2, Statement of Work

ii. Contract Signature Page

iii. Attachments other than Attachments 1, 2, 3, and 4, if any, in the numerical order designated in the

Contract Signature Page

iv. Attachment 1, Standard Terms and Conditions

v. Attachment 3, Price Response

vi. Addendum A, Public Records Requirements

vii. Attachment 4, PUR 1000, General Contract Conditions (PUR 1000)

viii. Addenda other than Addenda A and B, if any, in the alphabetical order designated in the Contract

Signature Page

Notwithstanding the foregoing, 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.

b. Contract Managers. The parties’ Contract Managers shall be those listed on the Contract Signature

Page. If different Contract Managers are designated by any party after execution of this Contract, notice of the name and contact information of the new Contract Manager shall be submitted in writing (by either mail or e-mail) to all other parties and maintained in the respective parties’ Contract records.

Designation of a new Contract Manager will not require a written amendment to the Contract.

c. Approvals. All approvals referenced in this Contract must be obtained from the parties' Contract

Managers or their designees if designated in writing.

d. Amendments. Except as otherwise provided herein, this Contract may be amended only by a written agreement between the parties. All statements indicating that continued use of a product or clicking a box in an electronic application constitutes acceptance of terms and conditions are void.

3. Contract Duration.

a. Term. The term of the Contract will begin and end on the dates indicated on the Contract Signature

Page unless terminated earlier in accordance with the applicable terms and conditions.

b. Renewals. Section 287.058(1)(g), Florida Statutes (F.S.), is hereby incorporated by reference. If the

Contract Signature Page indicates that renewals are available, any renewal entered must comply with all applicable requirements of section 287.057(14), F.S., including the limitations on the period of time for which renewals may be permitted. Renewals may only be entered when funding is available and when performance evaluations reflect satisfactory performance by the Contractor. Renewals must be at the price specified in this Contract and must not compensate the Contractor for any costs associated with the renewals.

4. Deliverables.

The Contractor agrees to render the services or other units of deliverables, which may be comprised of tasks or activities, as set forth in Attachment 2, Statement of Work. The services or other units of deliverables specified shall be delivered in accordance with the schedule and at the pricing outlined in Attachment 2, Statement of Work, and Attachment 3, Price Response.

5. Performance Measures.

Rev. 01/03/22

Satisfactory performance requires the Contractor’s compliance with the following: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in Attachment

2, Statement of Work; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services offered do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) any person or entity, whether an agent or independent contractor, that performs work on the Contract for the Contractor

(Contractor Representative) will comply with any security requirements and processes as provided by the

Department, or provided by the Department’s customer, for work done at the Department or other locations.

The Department reserves the right to investigate or inspect at any time whether the services or qualifications offered by the Contractor meet the Contract requirements. Notwithstanding any provisions to the contrary, written acceptance of a particular deliverable/requirement does not foreclose the Department’s remedies if those performance standards that cannot be readily measured at the time of delivery are not met.

6. Acceptance of Deliverables.

a. Acceptance Process. All deliverables must be received and accepted in writing by the Department’s

Contract Manager before payment, unless advanced payment or partial payment has been authorized in accordance with section 215.422, F.S. The Department will have fifteen (15) calendar days to inspect and approve the deliverables after receipt.

b. Rejection of Deliverables. The Department reserves the right to reject deliverables outlined in

Attachment 2, Statement of Work, as incomplete, inadequate, or unacceptable due in whole or in part to the Contractor’s lack of satisfactory performance under the terms of this Contract. If the

Department’s Contract Manager does not accept a deliverable within fifteen (15) calendar days, the deliverable will be deemed rejected. Failure to fulfill the appropriate technical requirements or complete all tasks, duties, or activities as identified in Attachment 2, Statement of Work, will result in rejection of the deliverable and the associated invoice. The Department, at its option, may allow additional time within which the Contractor may remedy the objections noted by the Department before the Department issues a notice of default. If the Department’s Contract Manager allows additional time for the

Contractor to correct a rejected deliverable, the Contractor shall work diligently to correct all deficiencies in the deliverable that remain outstanding within a reasonable time or, if a time certain is specified, within the additional time allotted. All work done to correct a rejected deliverable will be done at the Contractor’s expense.

c. Status Reports. If status reports are required as part of the Contract, the Contractor shall timely submit status reports showing each task, activity, and deliverable worked on; attesting to the level of services provided; listing the hours spent on each task, activity, or deliverable; and listing any upcoming tasks, activities, or deliverables.

d. Completion Criteria and Date. The Contract will be considered complete once all deliverables under the Contract have been provided and accepted. The final date for completion of the Contract must not exceed the Contract duration, including any executed renewals or extensions, or, where applicable, the expiration date of any purchase orders made from the Contract.

7. Financial Consequences for Nonperformance.

In addition to the specific financial consequences explained in Attachment 2, Statement of Work, the

Department reserves the right to withhold payment when the Contractor has failed to perform or comply with any provision of this Contract. These consequences for nonperformance are not to be considered penalties.

8. Dispute Resolution.

The Contractor is obligated to address any cost-related issues with the Department for which the Contractor believes the state of Florida (State) is liable and address all costs of every type to which the Contractor is entitled from the occurrence of the claimed event. The Contractor cannot seek a claim under this Contract for an increase in payment. Any claim, counterclaim, or dispute between the Department and the Contractor relating to this Contract will be resolved as set forth herein.

a. Initial Resolution Process. For all claims, the party with the dispute shall submit an affidavit to the other party that is executed by that party’s Contract Manager, or designee, certifying that:

i. The claim is made in good faith;

ii. The claim accurately reflects the adjustments for performance; and

Rev. 01/03/22

iii. The supporting data provided with such an affidavit are current and complete to the Contract

Manager’s, or designee’s, best knowledge and belief.

The party receiving notice of the dispute must respond to the disputing party, in writing, proposing a resolution to the dispute.

b. Informal Resolution Process. If the parties are unable to resolve any dispute through the initial resolution process, the parties shall meet with the Department’s Chief Financial Officer (CFO), or designee, for the purpose of attempting to resolve such dispute without the need for formal legal proceedings, as follows:

i. The representatives of the Contractor and the Department shall meet as often as the parties reasonably deem necessary to gather and furnish to each other all information with respect to the matter at issue which the parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and negotiate in good faith to resolve the dispute without the necessity of any formal proceeding.

ii. During the course of negotiations, all reasonable requests made by one party to another for non-privileged information reasonably related to this Contract will be honored in order that each of the parties may be fully advised of the other's position.

iii. The specific format for the discussions will be left to the discretion of the designated Department’s and Contractor’s representatives but may include the preparation of agreed upon statements of fact or written statements of position.

iv. Following the completion of this process, the CFO, or designee, will issue a written opinion regarding the issue(s) in dispute. The opinion regarding the dispute will be considered the

Department’s final action.

c. Continued Performance. Each party agrees to continue performing its obligations under this Contract while a dispute is being resolved except to the extent the issue in dispute precludes performance (dispute with the Department over compensation will not be deemed to preclude performance) and without limiting any party’s right to terminate this Contract for convenience or default.

9. Payment.

a. Payment Process. Subject to the terms and conditions established in Attachment 2, Statement of Work, the pricing per deliverable established by the Attachment 3, Price Response, or Attachment 2, Statement of Work, and the billing procedures established by the Department, the Department agrees to pay the

Contractor for services rendered in accordance with section 215.422, F.S. To obtain the applicable interest rate, please refer to http://www.myfloridacfo.com/Division/AA/Vendors/default.htm.

b. Vendor Rights. A Vendor Ombudsman has been established within the Department. The duties of this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be reached at (850)

413-5516.

c. Taxes. The Department is exempted from payment of State sales and use taxes and Federal Excise Tax.

The Contractor, however, will not be exempted from paying State sales and use taxes to the appropriate governmental agencies or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual obligations with the Department.