2324-04 ITB OIT PAINTING SERVICES.pdf

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

State of Florida

Department of Financial Services

Invitation to Bid (ITB)

Number: 2324-04 ITB OIT Painting Services

Procurement Officer:

Rebecca D. Hale

Government Analyst II 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 # 2324-04 ITB OIT

Rev. 11/30/2022

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 (Applicable to All Purchase Orders)

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

Rev. 11/30/2022

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 a vendor with which to enter into an agreement for painting services.

The Department intents to award the responsive Respondent that submits the lowest bid and will enter into an agreement through a Purchase Order (PO). The solicitation will be administered through the Vendor Information Portal (VIP). The submitted Response must comply with the terms and conditions stated in this ITB.

1.2 Background

The Department’s Office of Information Technology (OIT) is housed on several floors in the Fletcher Building located at 101 East Gaines Street, Tallahassee, Florida 32399. OIT intends to paint the hallways and designated rooms on the ground floor of the Fletcher Building.

1.3 Term

The term of the PO shall begin upon the issuance of the PO and shall end upon the completion of all deliverables.

1.4 Definitions

The following definitions apply to this ITB document:

Business Days – Monday through Friday, inclusive, except for State government holidays and Department office closures.

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

Contract or Purchase Order – The agreement that results from this competitive procurement, if any, between the Department and the responsible and responsive Respondent(s) providing the lowest responsive bid. In this ITB, the Contract is the Purchase Order (PO).

Contractor – The Respondent that is awarded a Contract pursuant to this solicitation.

Department – The Department of Financial Services.

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

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

Response – A formal response to this solicitation.

State - The state of Florida.

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:

https://vendor.myfloridamarketplace.com/

Rev. 11/30/2022

Rebecca D. Hale Government Analyst II

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 her sole discretion may initiate phone calls to Respondents to resolve procedural or administrative issues.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and State holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Response.

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

1.6 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Procurement Officer. Requests for accommodations for meetings must be made at least five (5) Business Days prior to the meeting. A person who is hearing or speech impaired can contact the Procurement Officer by using the Florida Relay Service at (800) 955-8771 (TDD).

1.7 Cooperation with Inspector General

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

1.8 Commitment to Diversity in Government Contracting

The State is committed to supporting its diverse business industry and population through ensuring participation by woman-, veteran-, and minority-owned business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects certified business enterprises with private 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 osdhelp@dms.fl.gov.

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.

mailto:DFSpurchasing@myfloridacfo.com mailto:osdinfo@dms.myflorida.com

Rev. 11/30/2022

1.9 Convicted Vendor List

Pursuant to section 287.133(2)(a), F.S., “[a] person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in [section 287.017, F.S.] for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

1.10 Discriminatory Vendor List

Pursuant to section 287.134(2)(a), F.S., “[a]n entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.”

1.11 Antitrust Violator Vendor List

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

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

-Remainder of this Page is Intentionally Left Blank-

Rev. 11/30/2022

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 be a mandatory pre-Response conference. Following the pre-Response conference, vendors may submit written questions regarding this ITB to the Department as noted in Section 2.4, Question and Answer Period, below.

Respondents must submit Responses by the deadline listed in Section 2.2, Timeline. The Department will open Responses at a public opening. After the public opening, the Procurement Officer will review Responses in accordance with Section 4, Selection Methodology, below. The Department will post its award decision on the VIP.

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 VIP on a regular basis for such updates.

Event Event Time Eastern Time

(ET)

Event Date

ITB posted on the VIP. N/A 4/30/2024

Pre-response conference (mandatory) to be held at the following location:

101 E. Gaines Street, Fletcher Building

Tallahassee, Florida 32399

Respondents will need to park on visitor parking level 1 in parking lot C off South Monroe Street or available spaces along South Monroe Street.

Directions: Starting in front of the Florida Capitol, head south on S.

Monroe St., go past Gaines St. (two blocks), then turn right into the Level 1 parking garage entrance on S. Monroe St.

Entrance for Level 1 – Please note that Level 1 is located at the bottom of the hill; it is the last entrance before the overpass. Do not use the first three entrances; they require a parking pass for entry.

10:00 AM 5/3/2024

Deadline to submit written questions to Procurement Officer. 5:00 PM 5/7/2024

Anticipated date to post answers to Respondents’ written questions on

VIP. 4:00 PM 5/9/2024

Deadline to submit Responses and all required documents to the Department. 4:00 PM 5/17/2024

Rev. 11/30/2022

2.3 Pre-Response Conference

The Department will hold a mandatory pre-Response conference.

The Department will hold a mandatory pre-Response conference for this solicitation on May 3, 2024, at 10:00AM. At least one representative from the Respondent must attend the pre-Response conference and must document his or her attendance by signing in on the Department’s attendance sheet that will be available during the pre-Response conference. A RESPONDENT’S FAILURE TO HAVE AT

LEAST ONE REPRESENTATIVE ATTEND THE MANDATORY PRE-RESPONSE

CONFERENCE AND SIGN THE DEPARTMENT’S ATTENDANCE SHEET WILL RESULT IN

THE RESPONDENT’S RESPONSE BEING DEEMED NON-RESPONSIVE AND INELIGIBLE

FOR CONTRACT AWARD. Answers to questions provided during the pre-Response conference are not binding on the Department. To receive a formal, binding response to a question from the Department, submit written questions during the question and answer period that seek a written response from the Department.

2.4 Question and Answer Period

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

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

CONTAINING QUESTIONS.***

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

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

Event Event Time Eastern Time

(ET)

Event Date

Public Response opening.

Department of Financial Services 200 E. Gaines Street, Larson Building-Room 116 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.: 498-257-393. Attendance at this public opening is not required.

4:15 PM 5/17/2024

Anticipated date to post Notice of Intent to Award on VIP. N/A 5/21/2024

Anticipated Contract start date. N/A 5/28/2024

Rev. 11/30/2022

2.5 The Department will provide an answer to all questions that are timely submitted through an addendum that is posted on the VIP. If modifications are made to the RFP document or appendices, the Department will post the changes in an addendum on the VIP. 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, in this ITB document’s Appendices Table.

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.

-Remainder of Page Intentionally Left Blank-

Rev. 11/30/2022

SECTION 3. RESPONSE INSTRUCTIONS

3.1 Instructions to Respondents

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

The PUR 1001 can be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resourc es/state_purchasing_pur_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 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 the terms and conditions of the Standard Contract without exception, or, where an exception is made by Respondent, will provide an alternative that is equivalent to or exceeds the Department’s terms and conditions.

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

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

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

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

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

Rev. 11/30/2022 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 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 the 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.

3. The Respondent must attend the mandatory pre-Response conference as evidenced by at least one representative of the Respondent indicating his or her attendance on the Department’s attendance sheet.

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.

Rev. 11/30/2022

3.3 Contents of the response

Submit the Response in the following format.

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 Evaluation of Identical Responses of this ITB, 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 two (2) or more Respondents submit an identical lowest price.

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.

Note: Respondent must also attend the mandatory pre-Response conference to be considered responsive as provided in requirement 1. of section 3.2 Mandatory Responsiveness Requirements of this ITB.

3.4 How to Submit a Response

The Respondent should submit:

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

• One (1) electronic copy of the entire Response on a USB flash drive. The electronic copy of the

Response, including any attachments, shall be submitted as Portable Document Format (PDF) documents. The PDF documents must be searchable, allow printing and must not be password

Rev. 11/30/2022 protected (unlocked). The electronic copy of the PDF documents shall be saved on the USB flash drive with each Volume saved separately in individual file folders as follows:

o Volume 1: General Information o Volume 2: Mandatory Responsiveness Requirements

• One (1) electronic copy of the complete REDACTED Response on the USB flash drive, if applicable (see Section 3.6, Confidential Response Materials and Redacted Submissions).

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.

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.

SECTION 2.2, TIMELINE, SPECIFIES THE DEADLINE AND LOCATION FOR

RESPONSE SUBMISSION. RESPONSES SUBMITTED BEYOND THE DEADLINE OR TO

A DIFFERENT LOCATION WILL NOT BE CONSIDERED.

3.5 Disclosure of Response Contents

All documentation submitted as a Response to the 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

Rev. 11/30/2022 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 indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. The Department may use the counsel of its choosing to defend any such claims, and the Respondent shall promptly pay the Department’s invoices for legal services on a monthly basis for all costs and expenses, including legal fees, incurred in defending such claims.

3.7 Withdrawal and Modification of Responses

The Respondent may modify its Response at any time prior to the submittal deadline by submitting a request to the Procurement Officer. A submitted Response may be withdrawn from consideration by the Department if the Respondent submits a signed, written request for withdrawal to the Procurement Officer within seventy-two (72) hours after the deadline for Response submittal.

3.8 Reservations

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

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

2. Accept or reject any Response at any time.

3. Terminate evaluation of any Response at any time.

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

5. Waive minor informalities or irregularities in Responses.

3.9 Additional Information

The Department reserves the right to seek information from outside sources regarding the Respondent and the Respondent’s offerings, capabilities, references, or performance, if the Department determines that such information is pertinent to the 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.

Rev. 11/30/2022

SECTION 4. SELECTION METHODOLOGY

4.1 Review of Mandatory Responsiveness Requirements

The Procurement Officer will review each Response to determine whether the Response satisfies the requirements of Section 3.2, Mandatory Responsiveness Requirements. Only those Responses that meet the mandatory responsiveness requirements will be evaluated. A Respondent who submits Response that does not satisfy the requirements of Section 3.2, Mandatory Responsiveness Requirements, will be deemed non-responsive and will not be considered for Contract award.

4.2 Review of Price Response

The Procurement Officer will evaluate the Price Response from responsive Respondents to determine the lowest bid based on the Respondent’s Attachment 3, Price Response.

Rev. 11/30/2022

SECTION 5. AWARD

5.1 Basis of Award

If the Department awards a Contract resulting from this ITB, the Department will award the Contract to the Respondent that submits the lowest responsive bid as described in Section 4.2, Review of Price Response. Award will be made based on the lowest responsive bid for the required services listed in Attachment 3, Price Response. Optional services listed on Attachment 3, Price Response will not be considered for award purposes. The Department intends to make a single award; however, the Department reserves the right to make no award if determined to be in the best interest of the State.

The Department reserves the right to determine which Responses are responsive at any time during the solicitation. The Department may reject a Response, if it fails to demonstrate the Respondent has the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract.

See § 287.012 (25), F.S., and § 287.057 (1) (b) 4., F.S.

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

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

5.2 Award Preferences for Identical Evaluation of Identical Responses As used in this Section, the term “Identical Respondents” means the Respondents whose Responses contained identical lowest bids.

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

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

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

If an Identical Respondent’s Award Preference includes being a certified minority business enterprise as defined in section 288.703, F.S., the Contract will be awarded to that Identical Respondent. If two or more Identical Respondents are certified minority business enterprises, the Contract will be awarded to the Identical Respondent with more additional Award Preferences as defined by statute. If Identical Respondents have the same number of Award Preferences, including as certified minority business enterprises, the Department will award the Contract to the Identical Respondent with the smallest net worth.

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

If two or more Identical Respondents have one or more Award Preference, and none of those Identical Respondents is a certified veteran business enterprise, the effected Respondents’ names will be placed in a container for the Department’s Procurement Officer to randomly select the Respondent for award of the Contract.

Rev. 11/30/2022

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

5.3 Agency Decision

The Department will post a Notice of Intent to Award, stating its intent to enter into a Contract with the Respondent 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.

5.4 MyFloridaMarketplace (MFMP) Registration

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

The awarded Respondent will be required to pay the required transaction fees as specified in PUR 1000, section 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.

5.5 Execution of Contract

The awarded Respondent shall electronically accept the Purchase Order (PO) within thirty (30) calendar days of the Department’s issuance of a PO, unless there is an automatic stay triggered by the filing of a formal protest. If a formal protest is timely filed, the time to electronically accept the PO shall be tolled. The Department reserves the right to withdraw its Notice of Intent to Award if the PO is not timely accepted or if it determines in its sole discretion that it is in the best interest of the State to do

so. The Department also reserves the right to award to the Respondent ranked second if the awarded Respondent does not timely accept the PO.

The Purchase Order 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/

APPENDIX A

Standard Contract

Attachment 1

Rev. 12/09/22

DEPARTMENT OF FINANCIAL SERVICES

Standard Terms and Conditions (Applicable to Purchase Orders)

ATTACHMENT 1

1. Entire PO.

This Purchase Order (PO), 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 pre-printed PO terms and conditions included on Contractor’s forms or invoices will be null and void. This PO is intended to supplement and clarify the MyFloridaMarketPlace (MFMP) Purchase Order Terms and Conditions available at Purchase Order Terms & Conditions (ccplatform.net)

2. PO Administration.

a. Order of Precedence. If there are conflicting provisions between the documents that make up the PO, the order of precedence for the documents is as follows:

i. State Term Contract, if applicable

ii. Attachment 2, Statement of Work

iii. The PO

iv. If any, attachments other than Attachment 1, Standard Terms and Conditions, and Attachment 2, Statement of Work, in numerical order

v. Attachment 1, Standard Terms and Conditions

vi. The Addenda, in alphabetical order

vii. MFMP Purchase Order Terms and Conditions

viii. The Alternate Contract Source as approved by the Department of Management Services, if applicable

ix. Contractor’s Response Notwithstanding the foregoing, the terms most favorable to the Department of Financial Services (Department) will prevail if there is any discrepancy between: 1) the State Term Contract (if applicable) and any other attachment; or 2) Attachment 2, Statement of Work, and any incorporated portions of the Contractor’s Response.

b. Approvals. All approvals referenced in this PO must be obtained from the parties' Contract Managers, as designated in the PO, or their designees if designated in writing.

c. Notices. The contact information provided on the PO or in accordance with Section 2.d., below, must be used by the parties for all communications under this PO. Where the term “written notice” is used to specify a notice requirement herein, said notice will be deemed to have been given (i) when personally delivered; (ii) when transmitted via facsimile (with confirmation of receipt) or email (with confirmation of receipt), provided the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid); (iii) the day following the day (except if not a Business Day then the next Business Day) on which the same has been delivered prepaid to a recognized overnight delivery service; or (iv) shall be deemed received on the date actually received except where there is a date of the certification of receipt.

d. Contract Managers. If different Contract Managers are designated by any party after execution of this PO, notice of the name and contact information of the new Contract Manager shall be submitted in writing (which, notwithstanding Section 2.c., above, may be provided by either mail or e-mail) to all other parties and maintained in the respective parties’ PO records. Designation of a new Contract Manager will not require a written amendment to the PO.

e. Amendments. Except as otherwise provided herein, this PO may be amended only by agreement between the parties as evidenced by a change order. 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.

https://dms-media.ccplatform.net/content/download/162794/file/Revised%20Purchase%20Order%20Terms%20%26%20Conditions_1.3.2024_Final.pdf

Rev. 12/09/22

3. 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 in the PO shall be delivered in accordance with the schedule and at the pricing outlined in the PO, Attachment 2, Statement of Work, and, where applicable, the State Term Contract.

4. Performance Measures.

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 PO 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 PO 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.

5. 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, Florida Statutes (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 PO. If the Department’s Contract Manager does not accept a deliverable within fifteen (15) calendar days, the deliverable will be deemed rejected. Failure to use 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 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 PO, the Contractor shall timely submit status reports: showing each task, activity, or 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 PO will be considered complete once all deliverables under the PO have been provided and accepted. The final date for completion of the PO must not exceed the PO duration, including any executed change orders, renewals, or extensions issued under the PO.

6. Financial Consequences for Nonperformance.

In addition to any specific financial consequences that might be stated in Attachment 2, Statement of Work, the Department will withhold payment when the Contractor has failed to perform or comply with any provision of this PO. These consequences for nonperformance are not to be considered penalties.

7. 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 PO for an

Rev. 12/09/22 increase in payment. Any claim, counterclaim, or dispute between the Department and the Contractor relating to this PO 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

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 PO 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 the 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 PO 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 PO for convenience or default.

8. Payment.

a. 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. The Contractor shall not use the Department's exemption number in securing such materials. The Contractor shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this PO. The Contractor shall provide the Department its taxpayer identification number upon request.

b. Interim Payments. Interim payments may be made by the Department at its discretion under extenuating circumstances if the completion of services and other units of deliverables to date have first been accepted in writing by the Department's Contract Manager.

9. Insurance.

a. Required Coverage. At all times during the duration of the PO, the Contractor, at its sole expense, and its subcontractors, if any, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the PO. The limits of coverage under each policy maintained by the Contractor will not be interpreted as limiting the Contractor’s liability and obligations under the PO.