Advisory Services RFP DMS-2223-106.pdf

RFP No. DMS-22/23-106 Advisory Services: Business Transactions and Policy Initiatives Page 1 of 21

4050 Esplanade Way Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary

REQUEST FOR PROPOSALS

FOR

ADVISORY SERVICES

BUSINESS TRANSACTIONS AND POLICY INITIATIVES

RFP NO. DMS-22/23-106

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

Refer ALL inquiries to:

Procurement Officer: Pegah Bowman

Departmental Purchasing State of Florida, Department of Management Services

4050 Esplanade Way, Suite 260.8Z

Email: DMS.Purchasing@dms.fl.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (F.S.), 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, F.S.

Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850-922-6312, or by email at agencyclerk@dms.fl.gov. It is the filing party's responsibility to meet all filing deadlines.

NOTICE PURSUANT TO SECTION 287.057(25), F.S.

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.

mailto:DMS.Purchasing@dms.

mailto:agencyclerk@dms.fl.gov

Advisory Services: Business Transactions and Policy Initiatives Page 2 of 21

TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 Solicitation Overview

1.2 Term

1.3 Definitions

1.4 Special Accommodations

1.5 Procurement Officer

1.6 Timeline of Events

1.7 Order of Precedence for Solicitation

SECTION 2. SOLICITATION PROCESS

2.1 General Description of RFP Procedure

2.2 Questions and Answers

2.3 Addenda to the Solicitation

2.4 Receipt of Proposals

2.5 Diversity

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

3.2 Special Instructions

3.3 MFMP Registration and Florida Substitute Form W-9 Process

3.4 How to Submit a Proposal

3.5 Contents of Proposal

3.6 Mandatory Responsiveness Requirements

3.7 Redacted Submissions

3.8 Rejection of Proposals

3.9 Subcontracting

SECTION 4. SELECTION METHODOLOGY

4.1 Determination of Proposals’ Responsiveness for Evaluation

4.2 Evaluations

4.3 Final Selection and Notice of Intent to Award Contract

SECTION 5. AWARD

5.1 Rights for Award

5.2 Agency Decision

5.3 Other Reserved Rights

5.4 No Contract until Execution

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Attachments:

Attachment A – Draft Contract Attachment B – Scope of Work Attachment C – Price Sheet Attachment D – Evaluation Criteria and Scoring of Proposals

Forms:

Contact Information Form Notice of No Conflict of Interest Mandatory Responsiveness Requirements Form

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Advisory Services: Business Transactions and Policy Initiatives Page 4 of 21

SECTION 1. INTRODUCTION

1.1 Solicitation Overview

The State of Florida, Department of Management Services (Department or DMS), the “business arm of Florida government”, anticipates an increased need for advice and guidance from subject matter experts with relevant experience on proposed and current business transactions and policy initiatives, with an expected focus on technology contracts, foreign relations, and the items provided in Attachment B, Scope of Work. As such, the Department is issuing this solicitation to establish one or more contracts for Advisory Services for business transactions and policy initiatives.

This solicitation will be administered through the Business Network within MyFloridaMarketPlace (MFMP) and the MFMP Vendor Information Portal (VIP). Vendors interested in submitting a Proposal must comply with all solicitation terms and conditions.

The Department intends on awarding one or more contracts though reserves the right to award multiple contracts or make no award. The Contract will have an anticipated annual spend of $350,000 per year, though there is no minimum guaranteed spend. The Department will issue a subsequent Purchase Order (“PO”) for each Customer-Specific Scope of Work to one or more awarded Contractors who are selected to perform services. A Contract award does not guarantee a Purchase Order will be issued to the awarded Contractor. If multiple contracts are awarded, the Department may, but is not required to, issue a Request for Quote for services.

1.2 Term

The term of the Contract is as specified in Attachment A – Draft Contract.

1.3 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment A – Draft Contract; PUR 1000, General Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06) are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this RFP document. All definitions apply in both their singular and plural sense.

1.3.1 Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 4:30 p.m., local time.

1.3.2 Business Network means the secure platform for Vendors to indicate participation in formal and informal solicitations and to submit responses to those solicitations electronically.

1.3.3 Confidential Information – Information in the possession or under control of the State or

Vendor that is exempt from public disclosure pursuant to section 24, Article I of the Constitution of the State; the Public Records Law, Chapter 119, Florida Statutes; or to any other Florida law, federal law or regulation that serves to exempt information from public disclosure

1.3.4 Contract – A binding agreement that results from this competitive procurement, if any, between the Department and the Vendor. (This definition replaces the definition in the PUR 1000).

1.3.5 Contractor – The Vendor that enters into a Contract as a result of this solicitation.

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1.3.6 Cost Proposal – A Respondent’s completed Attachment C – Price Sheet, which the Procurement Officer will score.

1.3.7 MyFloridaMarketPlace (MFMP) – The State’s eProcurement system.

MyFloridaMarketPlace is accessible at:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketpla ce.

1.3.8 Proposal – A Respondent’s formal response to an RFP including the Technical Proposal, Cost Proposal, and all mandatory responsiveness requirements detailed in Section 3.6 of this solicitation. Response and Proposal are used interchangeably herein.

1.3.9 Respondent – A Vendor who submits a Proposal to this RFP.

1.3.10 State – The State of Florida.

1.3.11 Technical Proposal – A written narrative and other documentation as requested in

Attachment D – Evaluation Criteria and Scoring of Proposals, which is evaluated based on the criteria in Attachment D – Evaluation Criteria and Scoring of Proposals, which the evaluators will independently review, evaluate, and score.

1.3.12 Vendor(s) – An entity that is capable and in the business of providing a commodity or service similar to those within this solicitation.

1.3.13 Vendor Information Portal (VIP) – The State’s bidding system developed in accordance with section 287.042(3)(b)2, F.S. The Vendor Information Portal is accessible at:

https://vendor.myfloridamarketplace.com/.

1.4 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 or ADA.Coordinator@dms.fl.gov at least five (5) Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD).

1.5 Procurement Officer

The Procurement Officer is the sole point of contact as described in PUR 1001, Section 21.

Contact with the Procurement Officer will be in writing by email. The Procurement Officer for this solicitation is:

Pegah Bowman Senior Purchasing Analyst, Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 280.8Z

Email: DMS.Purchasing@dms.fl.gov

***ALL EMAILS TO PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL.***

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://vendor.myfloridamarketplace.com/ mailto:ADA.Coordinator@dms.fl.gov mailto:DMS.Purchasing@dms.fl.gov

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If a Respondent claims that any portion of an email is trade secret under section 812.081, F.S., or otherwise confidential under Florida or Federal Law, the Respondent is to place the word “Confidential” in the subject line.

1.6 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check for any changes. All changes to the Timeline of Events will be made through addendums to the solicitation on VIP. Respondents are responsible for submitting all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda). The Department will not consider late submittals.

Timeline of Events Event Time (Eastern Time) Event Date

Solicitation posted in MFMP February 28, 2023

Deadline to submit questions to the Procurement Officer 11:59 p.m. March 20, 2023

Department’s anticipated posting in MFMP of answers to Respondent’s questions, if any April 11, 2023

Deadline to submit Proposal and all mandatory responsiveness requirements in MFMP 2:00 p.m. May 3, 2023

Public Opening Conference Room 101 4050 Esplanade Way Tallahassee, FL 32399

3:00 p.m. May 3, 2023

Evaluation Phase May 8, 2023 – May 26, 2023

Anticipated date to post Notice of Intent to Award in MFMP June 13, 2023

Anticipated Contract start date Upon execution

1.7 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this RFP, the conflict will be resolved in the following order of priority (highest to lowest):

a) Addenda to RFP, if issued (in reverse order of issuance)

b) Attachment C, Price Sheet

c) Attachment D, Evaluation Criteria and Scoring of Proposals

d) This RFP document

e) Attachment A – Draft Contract

f) Attachment B – Scope of Work

SECTION 2. SOLICITATION PROCESS

2.1 General Description of RFP Procedure

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The RFP is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. Vendors can submit formal questions in writing to the Procurement Officer by the deadline listed in Section 1.6, Timeline of Events. Proposals must be submitted by the deadline listed in Section 1.6, Timeline of Events. The Department will hold a public opening of the Proposals at the date, time, and location provided in Section 1.6, Timeline of Events. Respondents are not required to attend. The Department will not announce prices or release other materials at this public opening, in accordance with section 119.071(1)(b), F.S. The Procurement Officer will perform an initial responsiveness check.

The Department will evaluate Proposals in accordance with Section 4.2, Evaluations. During this phase, the Department’s evaluators will independently evaluate the Technical Proposals from all Responsive Proposals and the Procurement Officer will review the Financial Proposals from all Responsive Proposals in accordance with Attachment D – Evaluation Criteria and Scoring of Proposals. The final scores for the Respondents, calculated in accordance with Attachment D – Evaluation Criteria and Scoring of Proposals. One or more Contracts will be awarded to the responsive and responsible vendor(s) whose proposal is/are deemed most advantageous to the State, taking into consideration the price and other criteria set forth in the request for proposals.

Any reservation or listing of reservations of the Department’s rights provided in this RFP is not intended to be exhaustive and shall not be construed to limit the rights of the Department in conducting this procurement.

2.2 Questions and Answers

Vendors will submit all questions during the Question and Answer period by submitting a message in the Business Network. The deadline for submission of questions is reflected in Section 1.8, Timeline of Events.

To submit a message in the Business Network, log into the Business Network and confirm you see the “Ariba Proposals and Questionnaire” at the top left corner of the screen. Click “Status: Open” dropdown under events. Click the title of the solicitation and select “Event Messages”. Compose message, including a subject for the message. Questions may be included in the body of the message or Respondents can “Add a File” to upload an attachment containing questions. Submit the message by clicking “Send”.

Questions and answers will not constitute a basis for formal protest of the specifications of the solicitation. The Department’s answers to written questions will be posted in MFMP. The Department will not be bound by, and Respondents shall not rely on, any representations outside of this Question and Answer process.

2.3 Addenda to the Solicitation

The Department reserves the right to modify this solicitation by addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on VIP. It is the Respondent’s responsibility to check VIP for any changes throughout the procurement process and prior to submitting a Proposal.

2.4 Receipt of Proposals

2.4.1 Proposal Deadline

The Respondent is responsible for ensuring their Proposal is successfully submitted in MFMP no later than the date and time provided in Section 1.6, Timeline of Events (or as revised by addenda).

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2.4.2 Clarification to Proposals

No changes, modifications, or additions to the Proposals will be allowed after the Proposals have been opened. However, the Department reserves the right to seek clarifying information or documentation from any Respondent at any time. Failure to supply the information or documentation as requested may result in the Proposal being deemed non-responsive.

2.4.3 Firm Offer

The Department may enter into a Contract within 180 Calendar Days after the date the Notice of Intent to Award is posted, during which period Proposals shall remain firm and shall not be withdrawn. If a Contract is not executed within 180 Calendar Days, the Proposals shall remain firm until either the Contract is executed, or the Department receives from a Respondent written notice that the Proposal is withdrawn.

2.4.4 Contract Formation

The Department may issue a “Notice of Intent to Award” to award Contract(s) to successful Respondent(s). However, no contract shall be formed between a Respondent and the Department until both parties sign the Contract. The Department shall not be liable for any work performed before the Contract is effective.

The Department intends to enter into the Contract(s) with Respondent(s) pursuant to section 4.3.1, Basis for Award, of this RFP. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the Basis for Award.

The Contract will consist of Attachment A – Draft Contract, Attachment B – Scope of Work, the pricing submitted by the awarded Respondent on Attachment C – Price Sheet, PUR 1000 - General Contract Conditions (2006 version), and Contractor’s Technical Proposal submitted in response to Solicitation No: DMS-22/23-106.

***By submitting a Proposal, the Respondent acknowledges its understanding and acceptance of all terms and conditions of the documents identified above that will form the Contract.

2.4.5 Modification or Withdrawal of Proposal

Respondents are responsible for the content and accuracy of their Proposals. A Respondent may modify or withdraw its Proposal in MFMP at any time prior to the Proposal due date and time set forth in section 1.6, Timeline of Events, of this RFP.

2.5 Diversity

The Department is dedicated to fostering the continued development and economic growth of minority, veteran, and women-owned businesses. Participation of a diverse group of vendors doing business with the State of Florida is central to the Department’s effort. To this end, minority, veteran, and women-owned businesses are encouraged to participate in the State’s competitive procurement process as both Contractors and subcontractors.

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

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The PUR 1001, General Instructions to Respondents (2006 version), is incorporated herein by reference and can be accessed at:

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms _references_resources/purchasing_forms.

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated PUR 1001 and shall take precedence over conflicting terms of the PUR 1001:

Paragraphs 8 and 13 of the PUR 1001 are deleted in their entirety.

Paragraphs 3, 4, 5, 7, 9, 14, 15, 19, and 20 of the PUR 1001 (General Instructions) are deleted and are replaced as follows:

3. Electronic Submission of Proposals. Proposals shall be submitted in accordance with “How to Submit a Proposal” section of this solicitation.

4. Terms and Conditions. All Proposals are subject to the terms of this solicitation, which, in case of conflict, shall have the order of precedence listed in the Order of Precedence for Solicitation section.

The Department shall not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Proposal. In submitting its Proposal, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

5. Questions. Questions shall be submitted in accordance with the Questions and

Answers section of this solicitation.

7. Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists.

a. Convicted Vendor List.

Pursuant to section 287.133, 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.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; 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, http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms

Advisory Services: Business Transactions and Policy Initiatives Page 10 of 21 supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., 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.

d. Suspended Vendor List.

Pursuant to section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not submit a bid, proposal, or reply to an agency or enter into or renew a contract to provide any goods or services to an agency after its placement on the suspended vendor list. The Department may not accept a bid, proposal, or reply from, or enter into or renew any contract with, a vendor on the suspended vendor list until such vendor has been removed from the suspended vendor list and returned to the vendor list maintained by the Department pursuant to section. 287.042(1)(a) and (b), F.S. and the vendor has reimbursed the agency for any reprocurement costs.

9. Respondent’s Representation and Authorization. In submitting a Proposal, the

Respondent certifies that Respondent understands, represents, and acknowledges the following:

a. The Respondent is not currently under suspension or debarment by the State or any other governmental authority.

b. The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

c. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Proposal.

d. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation opening.

e. 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 Respondent and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

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

1. Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable 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

Advisory Services: Business Transactions and Policy Initiatives Page 11 of 21 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

2. Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

g. The products and/or services offered by the Respondent will conform to the specifications contained herein without exception.

h. The Respondent has read and understands the terms and conditions listed in the Draft Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the proposed Contract from the RFP process.

j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Proposal, 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 Proposal.

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

l. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Department of the true facts relating to submission of the Proposal. A misrepresentation may be punishable under law.

m. If at any point during the course of the procurement, circumstances change so that any of the above acknowledgements are no longer true, Respondent will notify the Procurement Officer as soon as practicable.

n. By submitting a Proposal, the Respondent agrees to and waives any objections to requirements contained in the solicitation, including any addenda thereto.

The Department reserves the right to deem the Respondent non-responsive or non-responsible based on any information provided in, or omitted from, the Respondent’s Proposal related to the certifications of this section.

14. Firm Response. The Department may make an award within one hundred and eighty

(180) Calendar Days after the date of the opening, during which period, Proposals shall remain firm and shall not be withdrawn. If award is not made within one hundred and eighty (180) Calendar Days, the Proposal shall remain firm until the Department enters into a Contract or the Department receives from the Respondent written notice that the Proposal is withdrawn.

15. Clarifying Information. The Department may request, and Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Proposal being deemed non-responsive.

19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Proposals are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Proposal to be Confidential Information, the Respondent is to mark the

Advisory Services: Business Transactions and Policy Initiatives Page 12 of 21 document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Proposal. For each portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name and the Department’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

In accordance with section 119.0701, F.S., Proposals are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the Proposals, whichever is earlier.

After that time, the Department will provide the redacted copy, if any, in response to a public records request.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are Responsive, the Department will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made. It is the Respondent’s responsibility to take the appropriate legal action to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Department will give the Respondent notice of the demand or request. It will be the Respondent’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information, the Department will provide the unredacted materials to the requester.

By submitting a Proposal, the Respondent agrees to protect, defend, and indemnify the Department for all claims arising from or relating to the Respondent’s determination that the redacted portions of its Proposal are Confidential Information. If a Respondent fails to submit a redacted copy in accordance with this section, of information it claims is Confidential Information, the Department is authorized to produce the entire material submitted to the Department in response to a public records request for, or demand for discovery or disclosure of, these records.

20. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2), F.S., and chapter 28-110, Florida Administrative Code. Any communication made not in accordance with these sections or the solicitation, including questions to the Procurement Officer, shall not constitute formal notice of a protest.

3.3 MFMP Registration and Florida Substitute Form W-9 Process

The awarded Respondent(s), if any, must have completed this process prior to Contract execution.

For additional information, please visit: https://vendor.myfloridamarketplace.com/.

The awarded Respondent(s) will be required to pay the required MFMP transaction fee(s) as specified in Section 14 of the PUR 1000, unless an exemption has been requested and approved prior to the award of the Contract, pursuant to Rule 60A-1.031, Florida Administrative Code.

https://vendor.myfloridamarketplace.com/

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The awarded Respondent, if any, must complete a Florida Substitute Form W-9 prior to Contract execution. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W- 9, please visit: https://flvendor.myfloridacfo.com/.

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at

(866) 352-3776 or VendorHelp@myfloridamarketplace.com.

3.4 How to Submit a Proposal

3.4.1 MFMP Registration

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit questions and respond to this solicitation event.

To Participate in this solicitation, a Vendor must:

a) Create an account through VIP at https://vendor.myfloridamarketplace.com if not already registered. For information on how to register in VIP, access MFMP training materials using the link in Section 3.4.2 MFMP Training below.

b) Once registered in VIP, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate.”

c) The Vendor’s solicitation contact as listed in Vendor’s MFMP account will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

If a Vendor is NOT registered in the Business Network, the Vendor must:

a) Register in the Business Network using the provided link received after selecting

“Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

1) The Vendor’s contact will receive an email from the Business Network confirming the registration of the Vendor’s account. To activate the Vendor’s account, select the “Click here to activate your Ariba account” link. This will direct the Vendor to the Business Network welcome page.

If a Vendor is registered in the Business Network and has selected it Intends to Participate in this solicitation:

a) Login using the login credentials to gain access to the Business Network home page.

b) To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing (solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

https://flvendor.myfloridacfo.com/ mailto:VendorHelp@myfloridamarketplace.com

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c) Review the “Events” list for the title of this solicitation’s sourcing event.

1) The sourcing event will either be displayed in the “Open” or “Preview” status.

A sourcing event can appear in various statuses based on where the solicitation is in the procurement process. The possible statuses are defined below:

• Completed - The sourcing event is no longer receiving submissions for the solicitation and an agency decision has been posted on VIP

• Open – The sourcing event is currently open for viewing and registered

Vendors may respond to the solicitation

• Pending Selection – The sourcing event is no longer receiving submissions for the solicitation, but an agency decision has not yet been posted on VIP

• Preview – The sourcing event has not yet been opened to receive responses, but the details of the solicitation can be viewed by registered Vendors

d) Click the sourcing event title to review the details of the event.

e) In the Event Details page, there is a “Checklist” of steps which must completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

For more information on reviewing and submitting a response, access MFMP training materials using the link in Section 3.4.2 MFMP Training below.

ALL VENDORS MUST SELECT ‘INTENDS TO PARTICIPATE’ IN VIP AND SUBMIT

THEIR RESPONSE AND ALL REQUIRED DOCUMENTS IN THE BUSINESS NETWORK

BY THE TIME AND DATE LISTED IN THE TIMELINE OF EVENTS IN ORDER TO

PARTICIPATE IN THIS SOLICITATION.

NOTE: Changes made in MFMP, including new registrations, may take up to 48 hours to take effect.

3.4.2 MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website. Please visit:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplac e/mfmp_university/mfmp_u_for_vendors to access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network.

3.4.3 MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at (866) 352-3776 or VendorHelp@myfloridamarketplace.com. The MFMP Customer Service Desk cannot answers questions about the RFP content. All solicitation questions must be submitted in accordance with Section 2.2, Questions and Answers.

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors mailto:VendorHelp@myfloridamarketplace.com

Advisory Services: Business Transactions and Policy Initiatives Page 15 of 21

3.5 Contents of Proposal

The Respondent’s Proposal may not contain any conditions or exceptions to any aspect of the solicitation and any such conditions or exceptions will not be considered in evaluating the Respondent’s Proposals. The only recognized changes to this RFP prior to the opening of Proposals will be by written amendments issued by the Department.

Proposals are to be organized in sections as directed below. Submit a Proposal in accordance with Section 3.4, How to Submit a Proposal.

Respondents are to organize each Proposal as follows:

Tab 1 – Cover Letter

• A cover letter on the Respondent’s letterhead with the following information:

a) Company name and physical address;

b) Contact information for Respondent’s primary point of contact, including phone number and email address; and

c) Federal Employer Identification (FEID) Number.

Tab 2 – Completed Forms and Attachments

• Contact Information Form

• Notice of No Conflict of Interest

• Mandatory Responsiveness Requirements Form

Tab 3 – Technical Proposal

• Respondent’s Technical Proposal will include the documentation and information detailed on Attachment D – Evaluation Criteria and Scoring of Proposals.

Tab 4 –Cost Proposal

• Attachment C – Price Sheet, completed as instructed on Attachment C – Price Sheet.

Note: In the event the Department receives a Cost Proposal containing illegible pricing or a mathematical error(s), the Department reserves the right to seek clarification of the prices received and to receive corrected price sheet(s). No material alterations of the original price sheet shall be accepted.

Tab 5 – Confidential Information (Optional)

• Should any portion of the Respondent’s Proposal contain confidential information, Respondent shall submit one (1) copy of the entire Proposal with confidential information redacted. Respondents will not be penalized for failing to submit a redacted copy. However, the Department intends to respond to public records requests with redacted copies in accordance with Section 3.2, paragraph 19. See section 3.7, Redacted Submissions, of this

RFP.

3.6 Mandatory Responsiveness Requirements

The Department will not review Proposals from Respondents who do not provide a completed Mandatory Responsiveness Requirements Form, including the submission of additional documents required therein.

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The Department reserves the right to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the State.

Note: The Department will perform an initial responsiveness check. Proposals found to be non-responsive will not be considered for award. The Department reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent.

3.7 Redacted Submissions

The following subsection supplements section 19 of the PUR 1001 as modified in section 3.2, Special Instructions, above. All materials submitted as part of this RFP will be a public record subject to the provisions of Chapter 119, F.S. A time-limited exemption from public inspection is provided for the contents of proposals pursuant to subsection 119.071(1)(b), F.S. Selection or rejection of a proposal does not affect the public record status of the materials. If a Respondent considers any portion of the documents, data, or records submitted in its proposal to this solicitation to be Confidential Information not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, a Respondent must mark the document as “Confidential” and simultaneously provide the Department with a separate redacted copy of its proposal and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. It is the Respondent’s responsibility to include with the redacted copy, the Department’s solicitation name, number, and the Respondent’s name on the cover and to clearly title the document, “Redacted Copy.” Respondent must only redact those portions of material that the Respondent claims is Confidential Information.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution or other authority, to which documents that are marked as confidential are responsive, the Department will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the Respondent that such an assertion has been made. It is the Respondent’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Respondent in a legal proceeding, the Department will notify the Respondent of the demand. The Respondent shall be responsible for defending its determination that the redacted portions of its proposal are Confidential Information not subject to disclosure. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as trade secret or otherwise confidential, the Department will provide the materials to the requester.

By submitting a proposal, 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 proposal are Confidential Information. If the Respondent fails to submit a redacted copy of information it claims is confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request for these records.

3.8 Rejection of Proposals

The Department may reject any Proposal not submitted in the manner specified by this solicitation.

Proposals that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Proposals or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as

Advisory Services: Business Transactions and Policy Initiatives Page 17 of 21 non-responsible. The Department reserves the right to determine which Proposals meet the requirements of this solicitation and which Respondents are Responsive and Responsible.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Department still reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Respondent over another or has a potentially significant effect on the quality of the Proposal.

3.9 Subcontracting

The Respondent shall not utilize subcontractors to perform Advisory Services under the Contract.

SECTION 4. SELECTION METHODOLOGY

4.1 Determination of Proposals’ Responsiveness for Evaluation

The Department will determine which Respondents are Responsive and Responsible, and which have submitted a Responsive Proposal that meets the requirements of this RFP. Responsive Proposals will be provided to the evaluators for evaluation.

4.2 Evaluations

The Department will appoint three (3) evaluators with collective experience in and knowledge of business transactions and policy initiatives. The evaluators will independently review, evaluate, and score the Respondent’s Technical Proposal to this RFP. Each Technical Proposal will be independently evaluated by each evaluator based on the criteria established in Attachment D – Evaluation Criteria and Scoring of Proposals.

Cost Proposals will be reviewed and calculated by the Procurement Officer in accordance with Attachment D – Evaluation Criteria and Scoring of Proposals.

The Procurement Officer will calculate a Respondent’s total final overall score in accordance with Attachment D – Evaluation Criteria and Scoring of Proposals.

4.2.1 Other Department Rights for Evaluation

The Department reserves the right at any time during the evaluation process to:

4.2.1.1 Redact, omit, or provide instruction to evaluators to disregard any portions of a proposed offering which the Department determines are outside of the scope of this procurement.

4.2.1.2 Conceal pricing information from evaluators or provide an instruction to evaluators to disregard pricing information in their evaluation of a responsive Proposal.

4.3 Final Selection and Notice of Intent to Award Contract

4.3.1 Basis for Award

The Department intends to award one or more Contracts to the Responsive and Responsible Respondents that submit the Proposal with the highest total final score that are determined to be the most advantageous to the State of Florida.

Advisory Services: Business Transactions and Policy Initiatives Page 18 of 21

In the event that the Department decides to award contracts to more than one Respondent, only those Respondents with a score within 20% of the highest total final score OR within the top three (3) highest total final scores shall be eligible for a contract under this solicitation.

4.3.2 Award Selection Criteria

The following award selection criteria will apply for this RFP:

a) The Respondent’s prior relevant experience and overall professional experience providing the proposed services;

b) The Respondent’s ability and approach to providing the services sought in Attachment B – Scope of Work; and

c) The Respondent’s pricing.

SECTION 5. AWARD

5.1 Rights for Award

The Department reserves the right to:

• Award a contract to one (1) or more Respondent(s), or no Respondents at all, for all or part of the services encompassed by this solicitation.

• Award and contract with other Responsive and Responsible Respondent(s) in the event that the Department is unable to contract with the initially awarded Respondent(s).

• Reject all Proposals and determine whether to reissue a competitive solicitation.

• Withdraw or cancel the procurement and make no award.

The Department reserves the right to accept or reject any and all offers or separable portions and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the state.

5.2 Agency Decision

If the Department awards a Contract(s) as a result of this solicitation, it will post a Notice of Intent to Award with the Respondent(s) identified therein, on the VIP website:

https://vendor.myfloridamarketplace.com.

If the Department decides to reject all Proposals, it will post a notice on the VIP website:

https://vendor.myfloridamarketplace.com.

5.3 Other Reserved Rights

The Department reserves the right, after posting a Notice of Intent to Award, to withdraw or cancel the procurement, or amend its Notice of Intent to Award with any Respondent at any time prior to execution of a Contract.

The Department has the right to use any or all ideas or adaptations of the ideas presented in any Proposal. Selection or rejection of a Proposal will not affect this right.

5.4 No Contract until Execution

A Notice of Intent to Award under this RFP shall not constitute or form any contract between the Department and a Respondent and no Respondent or their subcontractor(s) shall not perform any work awarded under this RFP until such time as the Respondent and the Department formally execute a contract with requisite signature.

Advisory Services: Business Transactions and Policy Initiatives Page 19 of 21

CONTACT INFORMATION FORM

For solicitation purposes, the Respondent’s contact person shall be:

Should the Respondent be awarded the Contract, the Account Manager’s contact information will be:

Name

Title

Company Name

Address

Telephone

Fax

E-mail

Name of Respondent Signature of Authorized Representative

Print Name Date

Advisory Services: Business Transactions and Policy Initiatives Page 20 of 21

NOTICE OF NO CONFLICT OF INTEREST

Respondent Name

For the purpose of participating in the solicitation process and complying with the provisions of Chapter 112, F.S., the company states the following conflict(s) of interest exist as noted below (if none, write N/A in the applicable section(s) below:

The persons listed below are corporate officers, directors or agents and are currently…