2425-04 RFP UP_Appraisal_Services.pdf

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

State of Florida

Department of Financial Services

Request for Proposals (RFP) Number: 2425-04 RFP UP

Appraisal 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

RFP # 2425-04 RFP UP

Rev. 03/14/2022

TABLE OF CONTENTS

SECTION 1. Introduction

SECTION 2. RFP Process

SECTION 3. Response Instructions

SECTION 4. Selection Methodology

SECTION 5. Award

Appendices

Letter

Name

Attachment Sub-components, If Any

To Be Completed and Returned

Attached for

Reference Only

A Standard Contract Contract Signature Page

Attachment 1, Standard Terms and Conditions

Attachment 2, Statement of Work

Attachment 3, Price Response

Attachment 4, PUR

Attachment 5, PUR 1355 Foreign Country of Concern Attestation.

Addendum A, Public Records Requirements

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Addendum B, Data Security Requirements

Addendum C, Relevant Portions of Contractor’s Response (This document is not yet available.)

B Questions Template

C Mandatory Criteria Certification Form

D Evaluator Score Sheet

E Award Preferences Form

F Description of Contract Disputes 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 Request for Proposal (RFP) to establish a contract for appraisal services (Contract). The solicitation will be administered through the Vendor Information Portal (VIP). The submitted Response must comply with the terms and conditions stated in this RFP.

The Department intends to enter into a Contract using Appendix A, Standard Contract, which is hereby incorporated by reference. The Department intends to award the Contract as provided in Section 5, Award, of this solicitation document.

1.2 Background

The Department is responsible for the administration and enforcement of the Florida Disposition of Unclaimed Property Act (Act), Chapter 717, Florida Statutes (F.S.). The Act requires the Department to be custodian of contents from unclaimed safe deposit boxes and other unclaimed safekeeping repositories and authorizes the Department to sell said contents if not reclaimed within a certain amount of time. The Department has determined that in order to meet its legal obligation to sell the unclaimed contents from safe deposit boxes and other safekeeping repositories at a reasonable bid, it must have rare, unusual, high-end or commonly fraudulent items evaluated and establish a minimum bid.

Additionally, the Department needs to ascertain a replacement value for all claimed items regardless of commonality or value for possible shipping arrangements.

The Department currently contracts with an experienced, certified personal property appraiser that provides appraisal services for tangible property received from unclaimed safe deposit boxes and other safe keeping repositories. Over the last five (5) fiscal years (July-June), the Department has an estimated yearly average of 350 rare, unusual, high-end, or commonly fraudulent items evaluated prior to auction as well as an estimated yearly average of 575 items appraised for replacement value prior to return to the owner. Items appraised include, but are not limited to: coins and currency, jewelry, including diamonds and other precious and semi-precious stones, gold, silver, platinum, and other precious metals; and other items of commercial value such as sports memorabilia, knives, paintings, watches, historical documents, and stamp collections.

1.3 Term

The term of the Contract will be 5 years, beginning on the date of execution or 10/15/2024, whichever is later. The date of execution is the date in which the last party signs the Contract Signature Page. The Contract may be renewed, in whole or in part, for up to 5 years in accordance with section 287.057(14), F.S. Renewal(s) will be made at the renewal pricing specified in the Contract.

1.4 Definitions

The following definitions apply to this RFP document:

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

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

Contract – The agreement that results from this competitive solicitation, if any, between the Department and the awarded Respondent.

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

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

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Response – A formal response to this solicitation.

State - The state of Florida.

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

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

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:

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.

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

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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.

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.”

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SECTION 2. RFP PROCESS

2.1 Overview of the RFP

The RFP is a method of competitively soliciting a commodity or contractual service under chapter 287, F.S. Under this RFP, there will not be a pre-Response conference. Vendors may submit questions regarding this RFP to the Department during the Question and Answer Period described further in Section 2.4 below.

Respondents must submit Responses by the deadline listed in Section 2.2, Timeline. The Department will open Responses at a public opening. After the public opening, the Procurement Officer will review Responses in accordance with Section 4.1, Review of Mandatory Responsiveness Requirements.

Responses that the Procurement Officer determines are responsive to the RFP will be evaluated by the evaluation team. After evaluation, the Procurement Officer will compile the final evaluation scores and add the points awarded for price, as further detailed below. If the Department awards a Contract resulting from this RFP, the Department will award the Contract to the responsible and responsive Respondent whose Response is deemed the most advantageous to the State based upon the criteria set forth in the RFP, as determined by total points awarded (i.e., the highest scoring Respondent).

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

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

2.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this solicitation. The Department reserves the right to adjust this timeline by posting addenda on the VIP. It is the Respondent’s responsibility to check VIP on a regular basis for such updates.

Event Event Time Eastern Time

(ET)

Event Date

RFP posted on the VIP. N/A 1/2/2025

Deadline to submit questions to Procurement Officer. 5:00 P.M. 1/8/2025

Anticipated date to post answers to Respondents’ questions on VIP. 3:00 P.M. 1/15/2025

Deadline to submit Responses and all required documents in sealed packages as stated in Section 3.4 to the Department.

**Electronic submissions will not be accepted**

3:30 P.M. 1/31/2025

Public Response opening.

Department of Financial Services 200 E. Gaines Street, Larson Building Tallahassee, FL, 32399

NOTE: The public opening will also be conducted via conference call. To attend the public opening call 888-585-9008 and when prompted use Conference No.: 819-252-704. Attendance at this public opening is not required.

3:45 P.M. 1/31/2025

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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 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.

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.

2.5 Public Opening of Responses

The Department will open the Responses in a public opening at the date, time, and location noted in Section 2.2, Timeline. Please note, the public opening will also be conducted via conference call as stated in Section 2.2, Timeline.

2.6 Addenda to the RFP

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

2.7 Contract Formation

The Department will enter into a Contract with 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 RFP document’s Appendices Table.

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

Event Event Time Eastern Time

(ET)

Event Date

Anticipated date to post Notice of Intent to Award on VIP. N/A 2/17/2025

Anticipated Contract start date. N/A 3/3/2025

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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 https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_ purchasing_pur_forms

The Special Instructions are in the remainder of Section 3 of this RFP document. In accordance with Rule 60A-1.002, F.A.C., in the event any conflict exists between the Special Instructions and General Instructions, the Special Instructions will prevail.

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

Section 3. Electronic Submission of Responses.

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

Section 5. Questions.

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

Section 9. Respondent’s Representation and Authorization.

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

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

• The Response is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response.

• The Respondent will conform to this RFP; Attachment 2, Statement of Work; 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 https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

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

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

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

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

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

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

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

3.2 Mandatory Responsiveness Requirements

A Respondent whose Response does not meet the mandatory responsiveness requirements listed below will be deemed non-responsive and will not be considered for this 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 C, Mandatory Criteria Certification Form, that meets the requirements provided in Section 3.3.3(A), Mandatory Criteria Certification.

3. The Response must include a complete form Attachment 5, PUR 1355 Foreign Country of

Concern Attestation.

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

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3.3 Contents of the Response

The Department requests that Responses be organized in sections as provided below. See Sections 4.2-

4.3 of this RFP for how Responses will be evaluated during the evaluation phase.

3.3.1 Volume 1: General Information

A. Cover Letter Submit a cover letter on the Respondent’s letterhead that contains the following information:

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

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

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

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

B. Responses or Disclosures Required by the PUR 1001.

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

2. Submit any disclosures required by Section 9 of the PUR 1001, as modified by Section

3.1 of this RFP. If unable to certify to any of the provisions of part (b) of Section 9 of the PUR 1001, as modified by Section 3.1 of this RFP, submit a written explanation of why the Respondent cannot do so. The Respondent’s explanations may result in the Department finding the Respondent not to be a responsible or responsive vendor as defined in sections 287.012(25) and (27), F.S. No exceptions to part (a) of Section 9 of the PUR 1001, as modified by Section 3.1 of this RFP document, will be accepted.

C. Award Preferences Form

Submit a completed Appendix E, Award Preferences Form. (Refer to Section 5.2, Award Preferences for Identical Evaluation of Responses, for further information on how this from will be used.) A Respondent who fails to submit a completed Appendix D, Award Preferences Form, as part of its Response will be considered to have no award preference if the Department’s evaluation results in two or more Responses receiving an identical highest score.

D. Contract Disputes Form

Submit a complete Appendix F, Contract Disputes Form.

3.3.2 Volume 2: Technical Response

A. Narrative on Experience and Ability

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

2. Provide an organizational chart and identify the Respondent’s key personnel who will perform or supervise the services solicited by this RFP. Include a summary of the background of these personnel which demonstrates their suitability and qualifications, as indicated in Attachment 2, Statement of Work, for any designated role. The summary should include a discussion of key personnel’s knowledge of the program area; education and training; required certifications; and management experience with the Respondent or any subcontractor(s).

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B. Respondent’s Proposed Approach The Respondent should provide a detailed and thorough plan for carrying out the services required by this RFP and specified in Attachment 2, Statement of Work. The Respondent should fully describe its plans for:

1. Providing an accurate identification, appraisal, and verification of a large quantity and variety of physical items held by the Division.

2. Providing a minimum bid for appraised items.

3. Providing a shipping replacement/declared value for claimed items being returned to the claimant.

3.3.3 Volume 3: Mandatory Responsiveness Requirements

A. Mandatory Criteria Certification

Submit an Appendix C, 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.

C. PUR 1355 Form Submit a completed Attachment 5, PUR 1355 Form.

3.4 How to Submit a Response

Submit the following:

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

• The Respondent should include the originals of any documents required to be signed as part of the

Response. The Respondent must label the cover and spine of the volumes “Original – Volume ____, Binder ____ of ____,” and include the Respondent’s name, and the RFP number.

• Three (3) additional copies of Volume 2 of the Response.

• The Respondent should include exact copies of the original Volume 2 of the Response. The

Respondent should label the cover and spine of the volumes “Copy # _____, Volume #____, Binder____ of _____,” and include the Respondent’s name, and the RFP number.

• One (1) scanned copy of the entire Response on a flash drive, with large files scanned as separate .pdf files.

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

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, Rev. 03/14/2022

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 RFP number and Respondent’s name.

SECTION 2.2, TIMELINE, SPECIFIES THE DEADLINE AND LOCATION FOR

RESPONSE SUBMISSION. RESPONSES SUBMITTED BEYOND THE DEADLINE OR TO

A DIFFERENT LOCATION WILL NOT BE CONSIDERED.

3.5 Disclosure of Response Contents

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

3.6 Confidential Response Materials and Redacted Submissions

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt from disclosure under Chapter 119, F.S., or other legal authority (Public Records Law), then the Respondent must simultaneously provide the Department with an unredacted version of the materials and a separate redacted electronic copy of the materials. If providing both a redacted and unredacted copy, the Respondent should mark the unredacted version of the document as “Unredacted Version – Contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope. If the Respondent fails to submit a Redacted Copy of its Response, the Department is authorized to produce the entire unredacted Response submitted to the Department in response to a public records request.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent should mark the redacted electronic copy with the Respondent’s name, Department’s RFP name and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material for which a Respondent can legally support a claim that the information is Confidential Information or exempt from disclosure pursuant to Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

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

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

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

3.7 Withdrawal and Modification of Responses

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

3.8 Reservations

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

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

2. Accept or reject any Response at any time.

3. Terminate evaluation of any Response at any time.

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

5. Waive minor informalities or irregularities in Responses.

3.9 Additional Information

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

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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 scored.

4.2 Evaluation Team

The Department’s evaluation team will consist of at least three (3) persons who collectively have experience and knowledge in the program area and service requirements for the contractual services sought under the RFP.

4.3 Evaluation Criteria

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

The Procurement Officer will add a Respondent’s Technical Response Score (as described in 4.3.1) and Price Response Score (as described in 4.3.2) to determine the total points awarded to the Respondent. The total number of points available to a Respondent for this RFP is 200 points. The total points awarded for each Respondent will be used to determine the final ranking of Respondents.

4.3.1 Evaluation of Technical Response

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

Technical Response against the evaluation criteria set forth in Appendix D, Evaluator Score Sheet. The maximum available points for the evaluation of the Technical Response is 100 points.

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

4.3.2 Price Response

The Procurement Officer will score Attachment 3, Price Response. Price Responses for the initial Contract term will be awarded a maximum of 50 points. Price Responses for the renewal period will also be awarded a maximum of 50 points. A Respondent’s Price Response Score will be determined based on the following formula:

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

A. Total Score for Initial Term:

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

Total Score for Initial Term = (Lowest Respondent’s Hourly Rate/Respondent’s Hourly Rate) x (Maximum Number of Points Available)

B. Total Score for Renewal Term:

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

Total Score for Renewal Term = (Lowest Respondent’s Hourly Rate/Respondent’s Hourly Rate) x (Maximum Number of Points Available)

Rev. 03/14/2022

SECTION 5. AWARD

5.1 Basis of Award

If the Department awards a Contract resulting from this RFP, the Department will award the Contract to the responsible and responsive Respondent whose Response is deemed most advantageous to the State based upon the criteria set forth in the RFP, as determined by total points awarded (i.e., the highest scoring Respondent). The Department intends to award one (1) contract resulting from this RFP but reserves the right to award multiple contracts by region(s) or to make no award.

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

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

As used in this Section, the term “Identical Respondents” means the Respondents whose Responses have the same total score.

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

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

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

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

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

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

Rev. 03/14/2022

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

5.3 Agency Decision

The Department intends to award the Contract to the responsive and responsible Respondent whose Response receives the highest total score for the evaluation criteria described in the RFP. The Department’s intended decision will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ on the date specified in the Timeline (as may be modified by any subsequent Addenda) and will remain posted for a period of seventy-two (72) hours. Any Respondent who is adversely affected by the Department’s recommendation award or intended decision must file the following with the Department of Financial Services, Agency Clerk, Office of the General Counsel, 200 E. Gaines Street, Tallahassee, FL or DFSAgencyClerk@myfloridacfo.com:

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

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

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

Additionally, if the Department decides to reject all Responses at any time during the solicitation, the Department will post a notice to that effect on the VIP.

5.4 MyFloridaMarketplace (MFMP) Registration

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

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

Unless otherwise agreed by the Department, the awarded Respondent must sign the Contract within seven (7) calendar days of receipt of the Contract for execution, unless there is an automatic stay triggered by the filing of a formal protest. If a formal protest is timely filed, the time to sign the Contract will be tolled. The Department reserves the right to withdraw its Notice of Intent to Award if the Contract is not timely signed, if it determines that it is in the best interest of the State to do so. The Department also reserves the right to award to the Respondent ranked second if the Department does not receive a timely signed Contract from the awarded Respondent.

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

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

Attachment 1

Rev. 09/19/23

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. Addendum B, Data Security Requirements

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

ix. 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.

Rev. 09/19/23

5. 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 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.