ADDENDUM TWO Q-A.pdf

ADDENDUM DATE: August 27, 2026

ADDENDUM NUMBER: Two

SOLICITATION NUMBER: FDACS RFP OOE 25 26 73

SOLICITATION TITLE: Florida Energy Savers Program – Qualified Vendor Network

This Addendum provides the Department’s answers to written questions received by the deadline in the above-referenced solicitation.

Question Answer

I am interested in joining the program as a qualified contractor. Is there a list of services that are covered? Regards energy savings for home improvements.

Yes. Eligible energy efficiency measures are identified in the 50121 - HOMES Measure List and 50122 - HEAR Measure List in Section 1 of the RFP, and eligibility criteria for each measure are set forth in Section 6.6 of the Contractor Participation Manual.

Project Cost Funding and Reimbursement Attachment A states that RGCs will submit payment requisitions to the Department for project cost reimbursement and must be able to float project costs for approximately 45 days following installation. Please confirm whether the RGC is expected to initially fund all approved equipment, materials, labor, subcontractor costs, permit costs, and other eligible Project Work Order expenses prior to reimbursement by FDACS.

As described in Section 8.5 of the Contractor Participation Manual, "Regional General Contractors cannot seek reimbursement for completed work until the project passes the post-installation verification and quality assurance inspection performed by FESP staff and the Work Order Completion Form is signed off by the Customer and/or FESP staff."

Advance Payments Will FDACS provide any advance, mobilization payment, progress payment, direct vendor payment, or other form of pre-installation funding to an RGC, equipment supplier, or subcontractor, or will all FDACS-funded Project Work Order expenditures be reimbursed only after the applicable work and required verification processes have been completed?

Refer to the response to Question #2.

Reimbursement Timeline Please clarify when the approximately 45-day reimbursement period begins. For example, does the period begin upon completion of installation, successful post-installation inspection, submission of a complete payment requisition, or FDACS

Reimbursement follows completion and verification of the Work Order. As described in Sections 8.3 and 8.4 of the Contractor Participation Manual, an RGC may not seek reimbursement until the project passes post-installation verification and the Work approval of the payment requisition? Please also provide the anticipated payment-processing timeframe following receipt of a complete and approved reimbursement request.

Order Completion Form is signed. The State will follow the required payment processing standards as specified in the Appendix II, contract draft document.

Maximum Financial Exposure / Project Volume For purposes of evaluating the financial capacity required of an RGC, please provide, if available, the anticipated average and maximum number of concurrent Project Work Orders, average Project Work Order value, and anticipated monthly or annual Project Work Order dollar volume for a Primary RGC in each Regional Designation.

The FESP has approximately $346 million in available funding and will operate through 2031 or until funding is exhausted.

Project volume will vary by region depending on program interest across the state.

Capacity Management and Assignment Acceptance May an RGC establish or communicate a maximum number or dollar value of concurrent Project Work Orders based on its available operational and financial capacity? If an RGC temporarily declines or does not accept additional assignments because it has reached that capacity, will such action adversely affect its status, performance evaluation, or eligibility to remain a Primary RGC?

RGCs may state in their proposal the financial and operational capacity of their company. Project volume will vary by region depending on program interest throughout the state. All adverse actions will be clearly listed in the contract between the Department and RGC.

Collection of Recipient Cost-Share When a Project Work Order exceeds the applicable rebate amount, please clarify when the RGC must collect the recipient's required cost-share. Must the full cost-share be collected before equipment is ordered, before construction begins, at substantial completion, or at another point established by the Program?

The customer's required cost share must be provided directly to the RGC before a Notice to Proceed for construction activities is issued, as described in Section 8.9 of the Contractor Participation Manual. The RGC holds these funds in escrow until the Work Order is completed and accepted.

Cost-Share Default or Participant Withdrawal If an approved Project Work Order includes recipient cost-share and the recipient subsequently fails or refuses to pay the required amount, withdraws from the Program, or becomes ineligible after the RGC has incurred approved costs, please clarify which party bears responsibility for those costs and whether any portion is reimbursable by

FDACS.

As described in Section 8.9 of the Contractor Participation Manual, the cost share must be provided to the RGC before a Notice to Proceed is issued; if the customer is unable or unwilling to provide the cost share, the application is deemed ineligible and does not proceed. Because cost share is collected before construction is authorized, approved construction costs would not yet have been incurred.

Minimum Bonding Capacity Attachment A requests the Respondent's per-project and aggregate contractor bonding capacity.

Please confirm whether FDACS has established a minimum per-project or aggregate bonding capacity required to qualify as an RGC. If so, please identify the applicable minimum amounts.

A responding Contractor’s bonding capacity will be independently assessed by each evaluation team member. If a project is greater than $100,000, the RGC may be required to furnish the Department a performance bond.

Project-Specific Payment and Performance Bonds Will payment and/or performance bonds be required for individual Project Work Orders? If so, please identify the applicable project-value thresholds, required bond percentages, and whether the cost of such bonds is an eligible

If a project is greater than $100,000, the RGC may be required to furnish the Department a performance bond of one hundred percent (100%) of the quoted price. The cost of the performance bond shall be borne by the Contractor.

reimbursable Project Work Order expense.

HOMES – Conventional Air-Conditioning Systems The HOMES Measure List identifies both heat-pump systems and "Air Conditioning (Package, Split)" as eligible Heating & Cooling Equipment.

Please confirm whether high-efficiency conventional packaged or split air-conditioning systems may qualify as eligible HOMES measures when supported by the applicable energy assessment, modeled savings, Program requirements, and approved Project Work Order.

Both heat-pump systems and Air Conditioning (Package, Split) are eligible Heating & Cooling Equipment measures for HOMES, provided the equipment meets the efficiency standards outlined in Section 6.6 of the Contractor Participation Manual.

HEAR – Heat-Pump Requirement The HEAR Measure List identifies ducted, ductless, and geothermal heat pumps but does not separately identify conventional packaged or split air-conditioning equipment. Please confirm whether an HVAC replacement funded through HEAR must utilize an eligible heat-pump system, including in South Florida Regional Designations.

HVAC replacements funded through HEEHR must utilize an eligible heat pump system.

Technical Determination of HVAC Measure Please identify the party responsible for determining the appropriate HVAC measure for an individual property—the Program's energy assessor, FDACS, the RGC, or another Program participant. Please also clarify the RGC's authority and responsibility to recommend an alternative measure when site conditions, climate, existing infrastructure, electrical capacity, lifecycle cost, or other technical considerations indicate that a different eligible measure may be appropriate.

As described in Sections 6.1 through 6.4 of the Contractor Participation Manual, the energy audit is conducted by Program staff and results in a Scope of Work and Project Work Order, and the FESP determines the final scope of work.

RGCs will review and provide any recommended changes to the Project Work Order prior to it being finalized. Where a change is warranted by site conditions once work has initiated, the RGC must submit an FESP Change Order Request Form for written approval before performing the work.

Pre- and Post-Installation Energy Assessments Please clarify whether pre-installation energy assessments, energy modeling, post-installation verification, and quality-assurance inspections will be procured and paid for directly by FDACS or whether the RGC is responsible for procuring, managing, and/or initially funding any of these services.

Energy audits, energy modeling, and post-installation verification and quality-assurance inspections are performed by the Program, as described by Section 7 of the Contractor Participation Manual. The RGC supports these activities but is not responsible for procuring or funding them.

BPI and ASHRAE Qualifications Attachment A requests information regarding Building Performance Institute certifications and states that Respondents should demonstrate knowledge and experience using BPI-2400 and ASHRAE Level II modeling software and methods.

Please clarify whether these certifications and modeling capabilities are mandatory minimum qualifications for the RGC, evaluation considerations, or services that may be provided through qualified employees, subcontractors, consultants, or Program-designated assessors.

BPI-2400 and ASHRAE Level 2 audits and modeling are performed by the Program to determine eligible measures, as described in the Definitions and Section 7 of the Contractor Participation Manual. RGCs should list their experiences and qualifications with BPI-2400 and ASHRAE Level 2 audits in Section F "Project Management Systems Utilization" of the

RFP.

Subcontractor Payment and Subsequent Disallowance Attachment A requires the RGC to pay subcontractors for completed work within 14 calendar days following receipt of the subcontractor's invoice for a completed and approved installation. If the RGC pays a subcontractor in accordance with this requirement and FDACS subsequently determines that all or part of the expenditure is not reimbursable, please clarify the process for resolving the disallowed amount and which party bears the resulting financial responsibility.

The 14-day requirement does not begin until the project has been accepted by the Program, meaning all QC has been completed.

Administrative Fee Attachment A requires Respondents to propose a maximum percentage administrative fee applicable to approved Project Work Order costs. Has FDACS established a maximum allowable administrative fee percentage or other limitation on this fee? Please also clarify which RGC costs are expected to be covered by the administrative fee rather than included as direct reimbursable Project Work Order costs.

The Department has not established a maximum administrative fee. Proposed administrative fees will be considered during the evaluation and selection process. The costs to be covered by the administrative fee, as distinguished from direct reimbursable Project Work Order costs, are addressed in Attachment A.

Baseline Pricing and Price Adjustments The RFP states that FDACS will work with awarded RGCs to establish baseline pricing for eligible measures and that pricing updates may be requested quarterly. Please clarify how the Program will address material or labor price changes occurring between quarterly adjustment periods, manufacturer price increases, emergency market conditions, regional labor differences, supply-chain disruptions, and other documented circumstances outside the RGC's control.

As stated in Section 6.5 of the Contractor Participation Manual, “Regional General Contractors may propose updates to approved measure pricing on a quarterly basis as outlined in the contract with the Department. Proposed pricing updates must include documentation supporting the basis for the request, such as changes in labor or material costs, and are subject to Program review and approval.” Out of period updates have not been considered at this time.

Permits, Engineering, Code Upgrades, and Unforeseen Conditions Please clarify whether permit fees, required engineered drawings, electrical service or panel upgrades, code-required ancillary work, equipment-access modifications, environmental testing or remediation, and unforeseen site conditions may constitute eligible Project Work Order costs when necessary to complete an approved FESP measure. Please also describe the required approval/change-order process before such costs are incurred.

The RGC is responsible for obtaining required permits and for providing Florida-licensed engineered drawings as applicable, as described in Section 2 of the RFP and Section 3.4 of the Contractor Participation Manual.

Refer to the response to Question #13.

Project Assignment and Minimum Volume Please confirm whether designation as a Primary RGC carries any minimum guaranteed number or dollar value of Project Work Orders. Additionally, please clarify the anticipated method for distributing assignments among the Primary RGC and any activated backup RGCs within a Regional Designation.

Designation as a Primary RGC does not carry a minimum guaranteed number or dollar value of Project Work Orders. One Primary RGC is awarded per region, and up to two backup firms may be designated;

backup firms are not under contract unless activated.

Warranty and Post-Completion Responsibilities Please identify the required RGC workmanship warranty period, any minimum manufacturer warranty requirements, and the RGC's responsibility for warranty administration, callbacks, corrective work, or failed post-installation inspections. Please also clarify whether Program-approved corrective work performed after initial project completion may be reimbursable.

The RGC and its subcontractors must provide a written warranty on labor and materials for a minimum of one year from the date final documentation is submitted for payment, and installed equipment must carry at least the manufacturer's warranty, as described in the Warranty provision (Section 3.11) of the Contractor Participation Manual. Deficiencies identified through customer concerns or QA field inspection must be remedied by the RGC at its own expense, and the warranty is extended one year from completion of remediation. Work performed after project completion will be covered as a part of the warranty provided.

Will FDACS accept a Florida Certified Building Contractor (CBC) and/or Certified Residential Contractor (CRC) license as satisfying the solicitation’s requirement for a “licensed General Contractor” pursuant to Section 489.113, Florida Statutes?

Section 2 of the RFP requires that the responding vendor have an individual who is a licensed contractor pursuant to Section 489.113, Florida Statutes.

Section 8.11 of Appendix II states that services must be performed solely by the Contractor and may not be subcontracted without prior written consent. However, the Contractor Participation Manual anticipates that Regional General Contractors will manage preapproved Qualified Subcontractors. Can FDACS clarify the subcontractor approval process, including the timing and required documentation, whether subcontractors may be approved by trade or region, and whether any minimum level of self-performance is required of the RGC?

Subcontractors must register through the FESP Qualified Contractor process and be added to the Program's Qualified Subcontractor List before performing program work. The RGC then manages and assigns work to those subcontractors within its region, as described in Section 5.7 of the Contractor Participation Manual. There is no minimum level of self-performance required by RGCs.

How will projects be distributed among the primary and additional contractors selected within each region? Will the primary contractor receive all assignments unless it is unable or unwilling to perform?

One Primary RGC is awarded per region, and up to two backup firms may be designated; backup firms are not under contract unless activated.

How will the proposed administrative-fee percentage be evaluated for the available 15 points? For example, will the lowest proposed percentage receive the maximum points, with the remaining proposals scored proportionally?

Contractor fee is independently assessed by each evaluation team member.

Must respondents identify committed subcontractors for each proposed region as part of their proposal, or may the regional subcontractor network be developed and submitted for FDACS approval after award?

The qualified subcontractor network is developed after award; subcontractors register through the FESP Qualified Contractor process and are added to the Qualified Subcontractor List once RGCs are selected.

Respondents should describe their subcontractor approach in Attachment A, Section G "Subcontractor Utilization" of the

RFP.

Projected volume: What is the estimated number of projects/work orders expected annually in each of the 11 regions, and what percentage is expected to be single-family and multifamily?

Refer to the response to Question #5.

As directed by the US Department of Energy, both the HOMES and HEEHR programs have reserved 10% of program funding for low-income multifamily buildings.

Average project value: Does FDACS have an estimated minimum and maximum work-order value for Home Owner Managing Energy Savings and HEEHR projects?

FDACS is not currently providing estimates for minimum and maximum work-order values. Work Orders will be a function of the characteristics of each project and the accompanying rebate amounts as defined by program materials.

Construction completion standards: What standard completion timelines will apply to common project types such as HVAC replacement, water heater replacement, insulation, appliance replacement, and whole-home retrofit packages?

Project timelines will vary based on the building type and combination of measures included in the project

Maximum working capital exposure: Can FDACS provide an estimated maximum number or dollar value of simultaneously open projects that a Primary RGC should be financially prepared to carry?

Refer to the response to Question #5.

Homeowner cost share: Must the RGC collect the homeowner's entire cost share before beginning construction, upon completion, or under another payment schedule?

Refer to the response to Question #7.

Nonpayment by homeowner: If a recipient refuses or is unable to pay the required cost share after a work order has been approved, who bears that financial risk?

Refer to the response to Question #7.

Financing/payment tools: The RFP asks respondents to describe participant-payment tools.

Is FDACS expecting contractors to offer financing, payment plans, credit-card processing, ACH capability, or merely a mechanism for collecting the recipient’s cost share?

RGCs will be expected to offer a mechanism to collect recipient's cost share according to program policies.

Administrative fee basis: The questionnaire requests a maximum administrative percentage that may apply to subcontracted work, labor, services, and materials. Is this administrative fee in addition to the RGC’s overhead and profit, or is it inclusive of RGC’s overhead and profit?

Refer to the response to Question #17.

Administrative Fee competitiveness: Will the contractor fee be evaluated strictly on lowest percentage, or will the committee assess reasonableness/value using another scoring methodology?

Refer to the response to Question #25.

Baseline pricing: Will FDACS establish standardized pricing benchmarks/threshold or cost limits for eligible criteria, or will each RGC be responsible for proposing its own established rates for labor and material pricing

Each awarded RGC provides its standard material and labor costs for each eligible measure, and the Department works with the RGC to establish baseline pricing, as described in Sections 1 and 8 of the RFP and Section 6.5 of the Contractor Participation Manual. The Department will review proposed pricing for reasonableness rather than publishing fixed price limits.

Quarterly price adjustments: What supporting documentation will FDACS accept to substantiate quarterly pricing adjustments, such as supplier quotes, published cost indexes, subcontractor bids, or other supporting evidence?

As described in Section 1 of the RFP and Section 6.5 of the Contractor Participation Manual, proposed pricing updates must include documentation supporting the basis for the request, such as changes in labor or material costs, and are subject to Program review and approval.

Subcontractor bidding: Is the RGC required to competitively solicit bids from multiple subcontractors for each project, or may work be assigned to established subcontractors based on previously negotiated pricing?

Competitive solicitation of multiple subcontractor bids for each project is not required.

Qualification authority: Who makes the final determination that a subcontractor is qualified - FESP or the RGC?

As described in Section 4.3 of the Contractor Participation Manual, the RGC will make the final eligibility determination.

Self-performance: Can the RGC self-perform any portion of the work, and if so, are self-performed labor and materials treated differently for pricing or administrative-fee purposes?

RGCs may self perform work as long as all contractors who will complete work are registered as FESP Qualified Contractors.

Self-performed labor and materials are not treated differently from a pricing or administrative fee perspective.

Subcontractor licensing: Are all subcontractors required to be identified and appropriately licensed at the time of proposal submission, or may the RGC add qualified subcontractors to its network after contract award?

The RGC may add qualified subcontractors to its network after contract award, provided that the subcontractors are added to the Qualified Subcontractor List before being eligible to assigned any project work.

Small/minority/local subcontractor goals: Are there participation goals or reporting requirements related to certified business enterprises, minority-owned firms, veteran-owned contractors, or local subcontractors beyond the listed award preferences?

Section 7.B of the RFP provides a Certified Business Enterprise preference (ss.

287.09451 and 295.187, F.S.). The solicitation does not establish additional participation goals or reporting requirements for minority-owned, veteran-owned, or local subcontractors.

System of record: What software/platform will serve as the FESP system of record, and will FDACS provide licenses and training to awarded contractors?

As described in Section 5.10 of the Contractor Participation Manual, RGCs must be able to operate Microsoft-based software and industry-specific programs such as FTQ360, through which project documentation is submitted. Training and licenses for the FESP system of record will be provided to contractors by the Program.

System integration: Will the system support API/data integration with contractors ‘existing project-management or accounting systems, or will manual entry be required?

The FESP system of record can support integrations with existing program systems but will be evaluated on a case by case basis. RGCs will be required to access the FESP system of record to access and upload required project documentation.

BPI-2400 / ASHRAE requirement: The RFP states under section F. Project Management System Utilization that the selected RGC’s should demonstrate experience with BPI-2400 and ASHRAE Level II modeling. Are these mandatory qualifications, evaluation preferences, or

Refer to the response to Question #15.

competencies that can be supplied through subcontractors?

Energy assessments: Who performs the initial and post-installation energy assessments—the Department, a separate program contractor, or the RGC/RGC subcontractor?

Refer to the response to Question #14.

Engineering responsibility: What are the requirements for Florida-licensed engineered drawings, and are the associated engineering services permitted to be subcontracted?

Section 2 of the RFP provides that the RGC or its awarded subcontractors must provide engineered drawings from a Florida-licensed professional engineer as applicable. Engineering services may be performed by qualified subcontractors.

Refer to the response to Question #19.

Permitting costs: Are permit fees, engineering costs, inspections, disposal, mobilization, and similar project-specific costs considered reimbursable work-order costs?

Yes. Project-related costs necessary to complete an approved Work Order— including permit fees, engineering, inspections, disposal, and mobilization—are eligible for reimbursement. These costs are covered within the measure pricing provided by the RGC.

Warranty obligations: What minimum work performance and equipment warranty obligations will the RGC, and its subcontractors be required to provide?

Refer to the response to Question #21.

12-page narrative limit: Does the 12-page limit apply only to narrative responses in Attachment A Sections A-H, with resumes, project sheets, financial exhibits, schedules, and supporting documentation excluded?

The 12-page limit applies to supplemental information provided in addition to the Attachment A.

Financial information: In addition to the five years of gross construction revenue and bonding capacity requested in Attachment A, will other financial documentation—such as financial statements, bank letters, credit facilities, or audited statements—be considered when evaluating Financial Capacity?

No.

Bonding: Will the FDACS require performance/payment bonds on individual work orders or will a blanket bond suffice?

If a project is greater than $100,000, the RGC may be required to furnish the Department a performance bond of one hundred percent (100%) of the quoted price.

DOE approval risk: Project assignments are contingent on full DOE authorization, is there an anticipated program-launch date, and will contractors be expected to maintain dedicated staffing prior to receiving work orders?

As described in Section 8 of the RFP, full Program launch has not yet been authorized by the U.S. DOE, and work orders will not be assigned until the Program receives DOE approval.

FESP Contract Draft - Changing program rules:

Article 1.2 states amendments require a written instrument signed by both parties, while Section

10.1 of the Contractor Participation Manual states that FESP may issue program changes that supersede previously agreed and signed documents. Please clarify which provision controls when a program change materially increases an RGC's cost, risk, staffing obligation, or

Section 10.1 refers to policy changes by the Program or the US Department of Energy.

Any changes to contract deliverables or costs require an amendment signed by FDACS and the RGC.

performance requirement.

FESP Contract Draft - 25% versus 5% retainage: Article 3 and the Contractor Participation Manual contemplate a 5% retainage, while Article 8.11 allows FDACS to impose retainage of up to 25% in connection with subcontracting. Under what circumstances will the 25% provision apply, and can both retainage requirements apply simultaneously?

Retainage will apply to Multifamily projects with 4 or more units as the FESP will consider partial payments for large multifamily projects.

FESP Contract Draft - QA failure after subcontractor payment: If the RGC has already paid a subcontractor and FESP subsequently rejects some or all of the installation during QA, is the RGC solely responsible for financing remediation and recovering costs from the subcontractor?

Refer to the response to Question #16.

FESP Contract Draft - Recapture standard: Is recapture limited to fraud, ineligible measures, and material program violations, or can technical/documentation deficiencies trigger full project-payment recapture?

Section 8.10 of the Contractor Participation Manual provides that payments may be recaptured if a contractor is found to have violated the Program's Terms and Conditions, policies, or procedures for a project. The recapture provision is not limited to specified categories.

FESP Contract Draft - Appeal of recapture:

What administrative appeal or dispute process exists before a recapture determination becomes final?

The Contractor Participation Manual provides an appeal process for termination, under which a terminated RGC may appeal the Department's written decision within 30 days of the termination letter.

FESP Contract Draft - Changing program rules:

Article 1.2 states amendments require a written instrument signed by both parties, while Section

10.1 of the Contractor Participation Manual states that FESP may issue program changes that supersede previously agreed and signed documents. Please clarify which provision controls when a program change materially increases an RGC's cost, risk, staffing obligation, or performance requirement.

Refer to the response to Question #54.

FESP Contract Draft - Owner Contract risk: The Manual states that "the RGC assumes all risk associated with the Owner Contractor Agreement."

Please identify specifically what risks are intended to be transferred to the RGC under this provision.

The department is not party to the agreement between the RGC and the owner.

FESP Contract Draft - Stop Work Orders: If FESP issues a Stop Work Order for reasons unrelated to RGC performance, will the RGC be reimbursed for mobilization/demobilization, material restocking charges, escalation, subcontractor standby costs, and other unavoidable costs?

Federal rules govern what is an allowable cost associated with the Program. RGC costs incurred after a stop Work Order is issued, are not allowable costs and shall not be reimbursed.

FESP Contract Draft - Multifamily progress payments: What reimbursement milestones will apply to large multifamily projects, and can progress payments be established in the Work Order before construction begins?

Reimbursement milestone payments shall be established for each applicable Work Order.

FESP Contract Draft - Risk from required subcontractors: If FESP requires use of or assignment to a particular subcontractor, does the RGC still bear 100% of the financial, warranty, recapture, and indemnity risk arising from that subcontractor?

The FESP will not require an RGC to use any specific qualified contractor.

64 Which five fiscal years should be entered in Attachment A: 2025–2021 or 2024–2020?

The five fiscal years to be entered in Attachment A are 2021 through 2025.

Does the 12-page narrative limitation apply only to supplemental narrative, or does it include responses entered into Attachment A?

Refer to the response to Question #21.

Where should the Section 2.B Payment Processing Methodology be placed, and does it count toward the 12-page limit?

The Payment Processing Methodology response is separate that the Attachment A – FESP Contract Experience and Financial Questionnaire response. There is no pre-determined page limit for Section 2.B.

Please confirm the proposal receipt deadline in light of the differing MFMP end date.

End date of MFMP publication does not define the proposal due date. The Proposal Due date is clearly defined within the publication description and Section 3.A, Timeline.

Is Attachment D required with the proposal or only before contract execution?

Awarded contractors will be required to complete this form prior to execution of a contract; however, it is recommended to include within the proposal response.

Is Attachment G strictly post-award, and should Attachment C’s reference to “Attachment E” be read as “Attachment G”?

See Revised Attachment C included in this Addendum Two (attached).

70 Will the project and work scope be performed by the PMO and energy audit professionals? Refer to the response to Question #14.

71 Is there a secondary assessment that will need to be performed by the RGC prior to installation?

Refer to the response to Question #14. The solicitation does not require a separate secondary energy assessment by the RGC

Regional award limit. Section 7(A) states the Department reserves the right to award a single Respondent up to five (5) Regions, and that up to two (2) additional vendors per region may be designated as backup firms. Does the five-region limit apply only to Primary Regional General Contractor awards, or does it also include backup designations? May a Respondent be awarded as Primary in up to five (5) Regions and additionally designated as a backup firm in other Regions?

The five-region limit applies only to Primary General Contractor awards.

Affiliated entities. Many construction firms operate as families of separately licensed companies under common ownership. Please clarify: (a) whether entities under common ownership may each submit separate responses to this RFP for the same or different Regions; and (b) whether an entity under common ownership with an awarded Regional General Contractor may participate as a qualified subcontractor — either in Regions where the affiliated RGC holds an award

To be eligible for award, each responding firm must have a single Employer Identification Number (FEI/EIN) and Unique Entity ID (SAM.gov). Responding firms not awarded directly as an RGC for any region, may participate as a subcontractor through an awarded RGC for the non-awarded region.

or in other Regions — subject to disclosure of the affiliation to the Department.

Subcontractor qualification authority. The Contractor Participation Manual's Definitions state that subcontractors “must be preapproved as qualified by the FESP to be eligible to perform projects assigned by the Regional General Contractor,” while Section 4.3 states that the RGC “will make the final eligibility determination.” Please clarify the respective roles of the Program and the Regional General Contractor in qualifying subcontractors for the Qualified Subcontractor List.

Refer to the response to Question #39.

Contractor Fee application. Attachment A, Section B describes the Contractor Fee as a percentage that “may be applied to all costs associated with approved work order projects to include, but not limited to subcontracted work, labor, services, and materials.” Please confirm (a) whether the proposed percentage applies to materials and equipment costs as well as labor and subcontracted work, and (b) how the fee interacts with the five percent (5%) retainage described in the Contractual Services Agreement and Contractor Participation Manual Section 8.2

As stated in Attachment A, Section B, the Contractor Fee may be applied to all costs associated with approved Work Order projects, including subcontracted work, labor, services, materials, and equipment.

As described in Sections 8.1 and 8.2 of the Contractor Participation Manual, the fee is paid proportionally to the cost of work in place, less a five percent (5%) retainage held on all partial payments. The retained balance is released upon submission of the final payment request and FESP acceptance of the completed Project Work Order. Refer also to the response to Question #17.

Multifamily reimbursement scheduling.

Contractor Participation Manual Section 8.5 states that for multifamily properties with two (2) or more residential units, FESP will coordinate the reimbursement schedule with the Regional General Contractor in advance. For planning purposes, can the Department indicate whether progress or partial payments will be available for large multifamily projects, or whether reimbursement is contingent on completion of the full building Work Order?

Refer to the response to Question #62.

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. Protests must be filed with the Department’s Agency Clerk. Filings may be made physically at:

Florida Department of Agriculture and Consumer Services The Holland Building

600 South Calhoun Street Tallahassee, Florida 32399

ATTACHMENT C

FORM PUR 7801

(08/2024, Rule 60A-1.002, F.A.C.)

VENDOR CERTIFICATION

I hereby certify the following on behalf of the vendor identified below:

Customer Indicator

(Required, N/A, Determined by Vendor)

Vendor Indicator

Does the Vendor Certify?

Certification

Required

___ YES

Regardless of the dollar value of the goods or services provided, in accordance with the requirements of section 287.135(5), F.S., by checking “Yes,” the vendor certifies that it is not participating in a boycott of Israel and is not on the State Board of Administration’s “Quarterly List of Scrutinized Companies that Boycott Israel,” available at https://www.sbafla.com/governance/global-governance-mandates/.

Required

___ YES

If the goods or services to be provided are $1 million or more, in accordance with the requirements of section 287.135, F.S., by checking “Yes,” the vendor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (collectively, “Scrutinized List of Prohibited Companies”); does not have business operations in Cuba or Syria; and is not on the State Board of Administration’s “Scrutinized List of Prohibited Companies” available under the quarterly reports section at https://www.sbafla.com/reporting/.

Required

___ YES

By checking “Yes,” the vendor certifies that it is not on the Suspended Vendor List; and the vendor and its suppliers, subcontractors, or consultants to be utilized under the contract are not on the Convicted Vendor, Discriminatory Vendor, or Antitrust Violator Vendor Lists; and there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the vendor’s ability to satisfy the contract obligations.

The vendor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S., that identify the impacts to the vendor's ability or its affiliates’ ability to respond to the competitive solicitations of a public entity; to be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity; or to transact business with a public entity if it, or its affiliates, are placed on the Convicted Vendor, Discriminatory Vendor, or Antitrust Violator Vendor Lists of the Department of Management Services. The vendor is hereby further informed of the provisions of section 287.1351, F.S., that identify the impacts to the vendor’s ability to enter into or renew a contract with an agency, as defined in section 287.012, F.S., if it is placed on the Suspended Vendor List of the Department of Management Services.

N/A

If the vendor is a common carrier, as defined in section 908.111, F.S., or a contracted carrier, it is not prohibited from entering into the contract pursuant to section 908.111, F.S., and by checking “Yes,” certifies that it will complete the Department of Management

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Services’ Form PUR 1808, “Common Carrier or Contracted Carrier Attestation Form.” By checking “N/A,” the vendor certifies it is not a common carrier as defined in section 908.111, F.S. Vendors may access the Department of Management Services Form PUR 1808 at http://www.flrules.org/Gateway/reference.asp?No=Ref-14614.

Required

___ YES

By checking “Yes,” the vendor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S.; and has not, within the last year, had a contract terminated under section 448.095(5)(c), F.S., by a public employer, contractor, or subcontractor, as defined by section 448.095(1), F.S.

Required

___ YES

By checking “Yes,” the vendor certifies that it is in compliance with all applicable disclosure requirements set forth in section 286.101, F.S., and has not been deemed ineligible for a grant or contract funded by a state agency pursuant to section 286.101(7), F.S.

Required

___ YES

If the contract is between a nongovernmental entity and a governmental entity, in accordance with section 787.06, F.S., the vendor will complete an affidavit signed by an officer or a representative of the vendor under penalty of perjury attesting that the vendor does not use coercion for labor or services as defined in section 787.06, F.S. An example Affidavit is available at https://forms.fdacs.gov/01364.pdf or ATTACHMENT G.

By signing below, I certify that I am authorized to complete and submit this Vendor Certification Form on behalf of the vendor.

Name Signature Date

FEIN Typed or Printed Name

Title

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