AHERA Environmental Service RFP-25-083.pdf

PURCHASING DEPARTMENT

207 SAN MARCO AVENUE

ST. AUGUSTINE, FL 32084

PHONE (904) 827-2331

WWW.FSDBK12.ORG

REQUEST FOR PROPOSAL (RFP)

Competitive Solicitation, Request for Proposals (RFP) [§255; §287.012 (23); §287.057(1)(b), Florida Statutes]

AHERA/Environmental Services

RFP-25-083

Commodity Code #:

77101700 Environmental advisory services 76101602 Asbestos removal or encapsulation 76101603 Lead based paint abatement or encapsulation 76101604 Mold abatement service

April 14, 2025 http://www.fsdbk12.org/

Table of Contents

SOLICITATION DOCUMENTS SECTION

SECTION 1 – INTRODUCTION

1.1 Introduction to the Procurement

1.2 Statement of Purpose

1.3 Contact Person: Procurement Manager & Procurement Officer

1.4 Small, Minority, and Florida Certified Veterans Business Participation

1.5 Special Accommodations

1.6 Definitions

SECTION 2 – PROCESS

2.1 General Overview of the Process

2.2 Official Notices and Public Records

2.3 Protests and Disputes

2.4 Limitations on Contacting FSDB Personnel and Others

2.5 Schedule of Events and Deadlines

2.6 Mandatory Pre-Response Meeting

2.7 Written Questions

2.8 Receipt of Replies

2.9 Request to Withdraw Reply

2.10 Cost of Preparation of Reply

2.11 Terms and Conditions

2.12 Conflict of Interest

2.13 Convicted Vendors

2.14 Discriminatory Vendors

2.15 Respondent’s Representation and Authorization

2.16 Brand/Manufacturer’s Names, Standards of Quality, and Approved Equivalents

2.17 Performance Qualifications

2.18 Public Opening & Postponements

2.19 Notifications and Advertisements

2.20 Firm Response

2.21 Contract Formation

2.22 Contract Overlap

2.23 Truth-In-Negotiation

2.24 No Discrimination

2.25 FSDB’s Reserved Rights

SECTION 3 – SPECIFICATIONS

SECTION 4 – INSTRUCTIONS FOR RESPONDING

4.1 How to Submit a Reply

4.2 Reply Format

4.3 Public Records and Trade Secrets

4.4 Content and Structure of the Reply

APPENDIX A – Receipt of Addendum Form APPENDIX B – Identical Tie Bids Statement APPENDIX C – Public Entity Crimes Sworn Statement APPENDIX D – Affidavit of Compliance with Minority and Veteran’s Business Enterprise Participation APPENDIX E – Use of Coercion of Labor for Commodities or Services Statement APPENDIX F – Notice to Contractors APPENDIX G – Vendor Certification Form (PUR 7801) Vendor Certification Form APPENDIX H – Proposal Form

SECTION 5 – THE SELECTION METHODOLOGY

5.1 Selection Procedures & Mandatory Requirements

5.2 Evaluation Methodology

5.3 Final Selection and Notice of Intent to Award Contract

Rating & Evaluation Sheet Reply Submission Label

CONTRACT DOCUMENT SECTION

SOLICITATION DOCUMENTS SECTION

SECTION 1 – INTRODUCTION

1.1 Introduction to the Procurement

NOTE: FSDB will only respond directly to access or procedural questions received in writing (by e-mail). Such questions should only be submitted after reading the entire Solicitation Document (Respondents are responsible for being aware of the contents of this solicitation) as the answer to the question is likely in the document. All other questions will be collected without being answered; answers will be published in writing on or before the date and time specified in the Schedule of Events and Deadlines by amendment pursuant to §287.057(2), Florida Statute (FS) through electronic posting.

Established in 1885 and authorized by §1002.36, FS, Florida School for the Deaf and the Blind (FSDB), is a fully accredited state public school and outreach center available tuition-free to eligible Pre-K and K-12 deaf/hard of hearing or blind/visually impaired students, including meals, boarding, transportation and other services. Comprehensive educational services at FSDB are individualized, specific to the unique communication and accessibility needs of each student to develop independence and lifelong success.

Florida’s competitive procurement process is aimed at the protection of the public against collusive contracts, fraud, bias, and favoritism. Among other things, it is designed to secure fair competition on equal terms to all bidders, to secure the best values at the lowest possible expense, to provide an opportunity for an exact comparison of bids, and to assure that the most responsive bid is accepted.

Pursuant to §287.017, FS (purchasing threshold categories), §287.055 (Consultants Competitive Negotiation Act (CCNA)) FS, §287.057, FS, and §255, FS when a state agency wishes to contract for commodities or contractual services, Professional Services, or Construction services that cost in excess of established thresholds, the agency must use one of several types of competitive procurement methods, i.e. Invitation to Bid (ITB), Request for Proposal (RFP), or Invitation to Negotiate (ITN).

The RFP is used when the agency determines that an ITB is not practicable, including when the agency is seeking competitive offers for proposed commodities or contractual services to evaluate who best meets certain specifications and qualifications of the solicitation. Under an RFP the agency is not required to award the contract to the lowest bidder, but instead it may be awarded to the most responsible offeror considering price as well as other criteria (§287.057(2)(a), FS, mandates that price must be one of the criteria for evaluation, but it is not the controlling criteria).

FSDB is promulgating this solicitation for the specified services to result in Contractual Agreement and intends to adhere to all applicable laws, rules, and regulations to ensure an open and fair process. Specifically, in accordance with (IAW) §287.057(1), FS, FSDB utilizes the Competitive Solicitation process for the competitive procurement of commodities and services with a cost in excess of the threshold amount provided in §287.017, FS for CATEGORY TWO.

This solicitation is designed to obtain a qualified vendor who demonstrates an ability to provide the goods or services stipulated in this solicitation in an equitable and economical manner. Any entity, organization, company, or person interested in submitting a reply must comply with any and all of the terms and conditions described in this Competitive Solicitation. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses according to the instructions. Respondents are responsible for being aware of the contents of this solicitation and the existence of updates, amendments, clarifications, modifications, and changes published to FSDB’s Solicitation web page located at: http://www.fsdbk12.org/purchasing.

1.2 Statement of Purpose

This Competitive Solicitation is being issued by FSDB to obtain competitive responses from qualified firms (hereinafter referred to as Respondents or Vendors), consistent with the requirements outlined in this solicitation, to conduct AHERA mandated inspections of thirty-six (36) buildings, covered walkways, and shelters by an AHERA-accredited asbestos building inspector, performed as required by the multiple regulations contained in various paragraphs of 40 CFR §763. Environmental inspections shall be conducted at the request of the FSDB Contract Manager.

1.3 Contact Person: Procurement Manager & Procurement Officer This solicitation is issued by the State of Florida, Florida School for the Deaf and the Blind. The sole contact point for all communication regarding this solicitation is the Procurement Officer, then the Procurement Manager:

1. Elizabeth Nimitz, Contract Administrator & Procurement Officers, nimitze@fsdbk12.org

2. Kim Whitwam, Director of Purchasing & Procurement Manager, whitwamk@fsdbk12.org

Mailing Address:

Florida School for the Deaf and the Blind Attention: Procurement Officer Purchasing Department, Building #28 207 San Marco Avenue St. Augustine, FL. 32084 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.017.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.057.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/Sections/0287.055.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0255/0255.html http://www.fsdbk12.org/purchasing mailto:nimitze@fsdbk12.org mailto:whitwamk@fsdbk12.org

All contact with the Procurement Manager or Procurement Officer shall be in writing via electronic mail, U.S. Mail, or other common courier. No facsimiles or telephone calls will be accepted for any reason.

1.4 Small, Minority, and Florida Certified Veterans Business Participation

Small Businesses, Certified Minority Business Enterprises, and Florida Certified Veterans Business Enterprises are encouraged to submit proposals in response to this solicitation and to participate in any conferences, proceedings, and pre-solicitation or pre-proposal meetings which are scheduled. All Vendors shall be accorded fair and equal treatment.

1.5 Special Accommodations

Any person with a qualified disability requiring special accommodations at the pre-submission conference and/or response opening shall contact the Purchasing Director at (904) 827-2356 at least ten (10) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1-800-955-8771 (TDD).

1.6 Definitions

The definitions found in §255, FS; §287, FS; and §60A and §60D, FAC shall apply to this solicitation. Additional terms are also defined in Attachment A, General Terms & Conditions and relevant applicable statutes. The following additional terms are also defined:

(1) AGENCY: The entity that has released the solicitation. The “AGENCY” may also be “FSDB”.

(2) BID POSTING: The official posting and tabulation of all bids received and opened duly presented in response to the bid.

(3) BID: The written response, reply, submission, proposal, or offer of bidder (when submitted on the reproduced approved forms) to perform the contemplated work and furnish the necessary materials and labor in accordance with the provisions of the contract documents. (bid, reply, response, offer, and proposal may be used interchangeably)

(4) BIDDER or OFFEROR or RESPONDENT: Any person or entity who submits a response or bid for the project described in the bid documents.

(5) COMPENSATION: means the amount paid by the agency for professional services regardless of whether stated as compensation or stated as hourly rates, overhead rates, or other figures or formulas from which compensation can be calculated.

(6) COMPETITIVE SELECTION: A competitive selection is made as a result of a Competitive Solicitation.

(7) COMPETITIVE SOLICITATION: means the process of requesting and receiving two or more sealed bids, proposals, or replies submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement.

(8) CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (CCNA): Refers to §287.055, FS for the acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services.

(9) FIRM: means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or surveying and mapping in the state.

(10) INVITATION TO BID (ITB): means a written or electronically posted solicitation for competitive sealed bids.

(11) INVITATION TO NEGOTIATE (ITN): means a written or electronically posted solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or contractual services.

(12) NEGOTIATE (or any form of that word): means to conduct legitimate, arm’s length discussions and conferences to reach an agreement on a term or price. For purposes of this section, the term does not include presentation of flat-fee schedules with no alternatives or discussion.

(13) PROCUREMENT OFFICER: means the contracting personnel identified in the Introductory Materials.

(14) REQUEST FOR PROPOSALS (RFP): means a written or electronically posted solicitation for competitive sealed proposals.

(15) REQUEST FOR QUOTES (RFQ): means an oral, electronic, or written request for written pricing or services information from a state term contract vendor for commodities or contractual services available on a state term contract from that vendor.

(16) RESPONDENT: means the entity that submits materials to FSDB in accordance with these Instructions.

(17) RESPONSE: means the material submitted by the respondent in answering the solicitation.

(18) RESPONSIBLE VENDOR: means a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

(19) RESPONSIVE BID, RESPONSIVE PROPOSAL, or RESPONSIVE REPLY: means a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation.

(20) RESPONSIVE VENDOR: means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.

(21) TIMELINE: means the list of critical dates and actions included in the Introductory Materials.

SECTION 2 – PROCESS

2.1 General Overview of the Process

Replies that meet the Mandatory Requirements of this solicitation and are otherwise responsive will be eligible for evaluation. Responsive Vendors will be evaluated and ranked. FSDB will post a notice of intended contract award, identifying the Vendor selected for award.

2.2 Official Notices and Public Records

2.2.1 Notices Regarding the solicitation

All notices, decisions, intended decisions, addenda and other matters relating to this procurement will be electronically posted on FSDB’s website and the Vendor Information Portal (VIP).

VIP website located at: MyFloridaMarket Place Vendor Information Portal. In order to find postings:

1. Click on Search Advertisements.

2. Under “Organization” select “Florida School for the Deaf and the Blind (FSDB)”.

3. Scroll down to the bottom of the screen and click on “Search.”

FSDB’s Solicitation website located at: Purchasing | Florida School for the Deaf & the Blind. In order to find postings:

1. Click on “View Active Competitive Solicitations”.

2. Navigate to individual Solicitation folders.

3. Download the Solicitation Document(s).

It is the responsibility of prospective Vendors to check the FSDB website for addenda, notices of decisions, and other information or clarifications to this solicitation.

2.2.2 Public Records

Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and §119.011, FS, provides a broad definition of a public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. If awarded a contract, the Contractor shall comply with the public records laws of the State of Florida, Rule 1B-24.003(1)(a), FAC and the most recently published General Records Schedule GS1-SL for State and Local Government Agencies.

2.3 Protests and Disputes

Florida’s Administrative Procedure Act found in §120.57(3), FS, and Rules found in Chapter 28-110, FAC, generally govern state agency competitive bidding disputes including notice requirements, the time frames for protests, and hearing procedures. Respondents should be aware of the distinction between challenges to the published bid specifications versus challenges to the ultimate award of the solicitation. This section serves as notice explaining the protest rights to all parties who submitted a response.

2.3.1 Standing to Protest

Section 120.57(3), FS, provides that any person who is “adversely affected” by the agency action may file a protest. Generally, only bidders that submitted a bid, subcontractors, or others that can show substantial economic interest in the bid award and who are aggrieved, are eligible to protest. After bid opening, protests are limited to issues related to bid opening, evaluation of bids, and intention to award decisions, and are further limited to those items that were not known or could not have been reasonably known prior to bid opening. An example of “adversely affected” is a second ranked low bidder having standing to challenge an award to the low bidder based on non-responsiveness (and other factors), a third or lower ranked bidder generally does not have standing, since even if successful in the protest of the award to the low bidder, the award would then go to the second ranked low bidder (nevertheless, the third or even lower ranked bidders can sometimes have standing, seek legal advice to determine issues of standing prior to filing).

Absent special and extraordinary circumstances, non-bidders do not have standing.

2.3.2 Protest Stays the Bid Process

Filing of a timely formal protest stops the bid process and no final award of a contract may be made before entry of a final order after resolution of the protest, unless the agency head sets forth in writing particular circumstances which require the continuance of the process in order to avoid an immediate and serious danger to the public health, safety, or welfare (§120.57(3)(c), FS).

2.3.3 Time Limits for Filing Protests

Any person who has standing shall file with FSDB a notice of protest in writing within 72 hours (Saturdays, Sundays, and state holidays excluded) after the posting of the specifications, notice, decision, or intended decision. A formal written protest which states with particularity, the facts and law upon which the protest is based and containing applicable supporting arguments, authorities, and evidentiary exhibits shall be filed within 10 days after the date the notice of protest is filed (Saturdays, Sundays, and state holidays excluded). Failure to timely file the 72-hour notice of protest or the 10-day formal written protest will constitute a waiver of the right to protest.

2.3.4 Protests of Terms, Conditions and Specifications

A protest of the terms, conditions, and specifications contained in this solicitation, including any provisions governing the methods for ranking bids, awarding contracts, reserving rights for further negotiation, or modifying or amending any contract. The notice of protest must be filed within 72 hours after posting of the solicitation as specified in Section 2.3.3 herein.

https://vendor.myfloridamarketplace.com/ https://www.fsdbk12.org/page/purchasing

2.3.5 Protests of Decision or Intended Decision

A protest of a decision or intended decision must be filed within 72 hours after the notice of decision has been posted as specified in Section

2.3.3 herein.

2.3.6 Protest Bond Requirement

Protestors must file a bond payable to the agency as required by §287.042(2)(c), FS and §28-110.005 FAC, in an amount equal to one percent (1%) of the estimated contract amount, based upon the contract price submitted by the protestor. If no contract price was submitted, FSDB shall provide the estimated contract amount to the protestor within 72 hours (excluding Saturdays, Sundays, and state holidays) after the notice of protest has been filed. The estimated contract amount is not subject to protest pursuant to §120.57(3), FS. The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which action is brought and in any subsequent appellate court proceeding.

FAILURE TO FILE THE PROPER BOND AT THE TIME OF FILING THE FORMAL PROTEST WILL RESULT IN A REJECTION OF THE PROTEST. In lieu of a bond FSDB may accept a cashier’s check, official bank check, or money order in the amount of the bond.

2.3.7 Filing a Protest

A notice of protest, formal protest, and bond are “filed”, when received by the contact person listed herein. Filing may be achieved by hand- delivery, courier, US Mail or facsimile transfer. Filing by email will not be accepted. All methods of delivery or transmittal to FSDB’s contact person shall remain the responsibility of the protestor and the risk of non- receipt or delayed receipt shall be upon the protestor. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN §120.57(3), FS, 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 §120, FS.

2.4 Limitations on Contacting FSDB Personnel and Others

2.4.1 General Limitation

Prospective Vendors or persons acting on their behalf may not contact, between the release of this solicitation and the end of the 72-hour period (Saturdays, Sundays and state holidays excluded), following FSDB's posting of the notice of intended award, FSDB personnel or any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the contact person identified herein or as provided in this solicitation. Any such contact by an affiliate, a person with a relevant business relationship with a prospective Vendor, or an existing or prospective subcontractor to a prospective Vendor is assumed to be on behalf of a prospective Vendor unless otherwise shown. As part of a response to an FSDB request for additional or clarifying information pursuant to matters regarding potential conflicts of interest, or inspection, or an FSDB investigation, Vendor representatives may communicate directly with other FSDB personnel or consultants identified by the Procurement Manager or Procurement Officer for such purposes. Violation of the provisions of this section may be grounds for rejecting a reply, if determined by FSDB to be material in nature.

2.5 Schedule of Events and Deadlines

All times promulgated in the Schedule of Events and Deadlines herein are local times for the Eastern Time zone. Although FSDB may choose to use additional means of publicizing the results of this solicitation, posting on the VIP is the only official notice recognized for the purpose of determining timeliness in the event of protest. All promulgated times shall be considered prompt and shall be recorded at the FSDB Campus Police Security Check Point on Genopoly Street. Reply delivery and arrival for mandatory meetings shall be deemed timely only if such incident occurs on or before the time promulgated in the Schedule of Events and Deadlines as determined by the time of arrival at the FSDB Campus Police Security Check Point on Genopoly Street. Delivering a response or arriving for a mandatory meeting AFTER the time promulgated in the Schedule of Events and Deadlines shall preclude the respondent from participation in the solicitation. If FSDB misses a Solicitation Event due to unforeseen circumstances, it shall be considered to have been cancelled and a new schedule will be promulgated as soon as it is possible.

2.6 Mandatory Pre-Response Meeting

This Solicitation does not require a Mandatory Pre-Response Meeting.

2.7 Written Questions

Prospective Vendor questions will only be accepted if submitted in writing to the Procurement Officer via electronic mail, U.S. M ail, or other delivery service, and received on or before the date and time specified in the Schedule of Events and Deadlines. No questions will be accepted by facsimile or telephone or after the specified deadline.

FSDB will only respond to procedural questions directly and as received. Such questions should only be submitted after reading the entire Solicitation Document as Respondents are responsible for being aware of the contents of this solicitation and the answer to the question may be in the document. All other questions will be collected, and answers will be published in writing on or before the date and time specified in the Schedule of Events and Deadlines by addenda pursuant to §287.057(2), FS and through electronic posting on VIP and FSDB’s website.

Potential respondents shall not contact any other employee of FSDB or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the FSDB website for new or changing information. FSDB shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by FSDB’s Procurement Officer or Procurement Manager. Questions submitted to FSDB shall not constitute formal protest of the specifications or of the solicitation.

2.8 Receipt of Replies

2.8.1 Reply Deadline

Replies must be received by FSDB no later than the date and time and at the address provided in the Schedule of Events and Deadlines. Time of arrival for hand delivered responses shall be determined by the time of arrival at the FSDB Campus Police Security Check Point on Genopoly Street. Time of arrival for responses delivered by mail or courier shall be determined by the time of receipt by the FSDB Campus Mail Room. All methods of delivery or transmittal to FSDB’s contact person remain the responsibility of the prospective Vendor and the risk of non-receipt or delayed receipt shall be exclusively the risk of the prospective Vendor.

2.8.2 Binding Replies

By submitting a reply, each Vendor agrees that its reply shall remain a valid offer for at least 90 days after the reply opening date and that, in the event the contract award is delayed by appeal or protest, such 90-day period is extended until entry of a final order in response to such appeal or protest. Any response that expresses a shorter duration may, in FSDB's sole discretion, be accepted or rejected.

2.8.3 Bid Bond Is Not Required

A bid bond or equivalent security is not required in order to submit a reply to this solicitation.

2.8.4 Payment and Performance Bond Is Not Required

A payment and performance bond is not required for this contract and submission of evidence of the Vendor’s ability to do so is not required in order to submit a reply to this solicitation. The selected Vendor is not required to submit a payment and performance bond, irrevocable letter of credit or cashier’s check prior to contract execution.

2.8.5 Changes to Replies After Submission Prohibited

Once the reply opening deadline has passed, no changes, modifications, or additions to the reply submitted will be accepted by or be binding upon FSDB unless and until FSDB initiates negotiations or requests supplemental replies. FSDB reserves the right to identify and correct minor irregularities as provided herein but is under no obligation to do so.

2.8.6 Receipt Statement

Replies that are not received at the specified address, by the specified date and time, or not marked as instructed will be rejected and will not be opened or returned by FSDB but will be retained for use in the event of a dispute.

2.9 Request to Withdraw Reply

A written request to withdraw a reply, signed by the Vendor, may be considered if received by FSDB within 72 hours after the reply opening date and time as specified in the Schedule of Events and Deadlines above. A request received in accordance with this provision may be granted by FSDB upon proof of the impossibility to perform based upon an obvious Vendor error.

2.10 Cost of Preparation of Reply

By submitting a reply, a Vendor agrees that FSDB is not liable for any costs incurred by the Vendor in responding to this solicitation.

2.11 Terms and Conditions

FSDB objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent’s response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, may be grounds for rejecting a response.

2.12 Conflict of Interest

This solicitation is subject to §112, FS. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.

2.13 Convicted Vendors

A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list:

• submitting a bid/proposal on a contract to provide any goods or services to a public entity;

• submitting a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work;

• submitting bids on leases of real property to a public entity;

• awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and

• transacting business with any public entity in excess of the Category Two threshold amount ($35,000) provided in §287.017, FS.

2.14 Discriminatory Vendors

An entity or affiliate placed on the discriminatory vendor list pursuant to §287.134, FS may not:

• submit a bid/proposal on a contract to provide any goods or services to a public entity;

• submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work;

• submit a bid/proposal on leases of real property to a public entity;

• be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or

• transact business with any public entity.

2.15 Respondent’s Representation and Authorization

In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit a written explanation).

• The respondent is not currently under suspension or debarment by the State or any other governmental authority;

• 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, including a claim by the State for liquidated damages under any other contract;

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

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

• The respondent has fully informed FSDB in writing of all convictions of the firm, its affiliates (as defined in §287.133(1)(a), FS), 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 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.

• The product offered by the respondent will conform to the specifications without exception;

• The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions;

• If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with FSDB;

• 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 FSDB 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 are material and important and will be relied upon by FSDB in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from FSDB of the true facts relating to submission of the response. A misrepresentation shall be punishable under law, including, but not limited to, §817, FS.

2.16 Brand/Manufacturer’s Names, Standards of Quality, and Approved Equivalents

Unless otherwise specified, any manufacturers’ names, trade names, brand names, descriptions, information or catalog numbers listed in these specifications are descriptive, not restrictive and are to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated and the Contractor may provide any product that meets or exceeds the applicable specifications.

When a specification uses "brand name or equivalent," the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristic desired for the good or service being requested. Where a bidder submits an equivalent, it shall be the responsibility of the bidder to document and demonstrate the equivalence claim including appropriate catalog materials, literature, specifications, test data, etc. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence. FSDB shall determine in its sole discretion whether a product is acceptable as an equivalent.

In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the owner harmless from any damages resulting from such infringement.

The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charge.

2.17 Performance Qualifications

FSDB reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent’s responsibility as a vendor, FSDB shall consider all information or evidence which is gathered or comes to the attention of FSDB which demonstrates the Respondent’s capability to fully satisfy the requirements of the solicitation and the contract.

Respondent must be prepared, if requested by FSDB, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If FSDB determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, FSDB may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon FSDB to make an investigation either before or after award of the Contract, but should FSDB elect to do so, respondent is not relieved from fulfilling all Contract requirements.

2.18 Public Opening & Postponements

Responses shall be opened on the date and time as specified in the Schedule of Events and Deadlines. Respondents may attend but are not required to attend. FSDB may choose not to announce prices or release other materials pursuant to §119.071(1)(b), FS. A scheduled opening will be considered postponed when an emergency or unanticipated events that interrupt normal governmental processes so that the conduct of bid opening as scheduled is impractical. In such cases, an announcement of the rescheduled opening shall be publicly posted on the first workday on which normal Government processes resume. Any person requiring a special accommodation because of a disability should contact the Contract Administrator at least ten (10) working days prior to the solicitation opening. If you are hearing or speech impaired, please contact FSDB by using the Florida Relay Service at (800) 955-8771 (TDD).

2.19 Notifications and Advertisements

Notification and advertisement is conducted pursuant to §255.0525, FS and §60A-1.021, FAC, shall include the FSDB Solicitations website and may include but not be limited to: the Florida Administrative Register, the MyFloridaMarketPlace Vendor Information Portal (VIP), and additional notifications and advertisements at the discretion of FSDB or as required by law. FSDB shall electronically post notices and awards on the date(s) indicated on the Timeline, or before. If the notice of award is delayed, in lieu of posting the notice of intended award FSDB shall post a notice of the delay and a revised date for posting the notice of intended award. FSDB shall not provide tabulations or notices of award by telephone. Respondents are responsible for checking the FSDB Solicitations webpage and/or VIP for updated information.

2.20 Firm Response

FSDB may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either FSDB awards the Contract or FSDB receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in FSDB's sole discretion, be accepted or rejected.

2.21 Contract Formation

FSDB shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and FSDB until FSDB signs the Contract. FSDB shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective.

2.22 Contract Overlap

Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract.

By entering into the Contract, a Contractor authorizes FSDB to eliminate duplication between agreements in the manner FSDB deems to be in its best interest.

2.23 Truth-In-Negotiation

The successful firm may be required to execute a Truth-In-Negotiation Certificate pursuant to §287.055, FS.

2.24 No Discrimination

The successful firm shall not discriminate against any person in accordance with federal, state, or local law.

2.25 FSDB’s Reserved Rights

2.25.1 Withdrawal of solicitation

FSDB reserves the right to withdraw the solicitation at any time, including after an award is made when doing so would be in the best interest of the State of Florida, and by doing so assumes no liability to any Vendor.

2.25.2 Rejection of All Replies

FSDB reserves the right to reject any or all response(s) or separable portions thereof not submitted in the manner specified by the solicitation documents or under any of the circumstances prescribed in §60D-5.0071, FAC, at any time, including after an award is made when doing so would be in the best interest of the State of Florida, and by doing so assumes no liability to any Vendor.; and to negotiate the contract in accordance with §60D-5.008 and§ 60D-5.0091, FAC, if the low qualified bid exceeds the project budget.

2.25.3 Right to Inspect, Investigate, and Rely on Information

In ranking replies for selection or negotiation and in making a final selection, FSDB reserves the right to inspect a Vendor’s facilities and operations, to investigate any Vendor representations, and to rely on information about a Vendor in FSDB’s records or known to its personnel.

2.25.4 Clarifications/ Revisions

Before award, FSDB reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response.

2.25.5 Minor Irregularities, Material Variance, and Right to Reject

There is a large body of case law as to what constitutes a minor irregularity versus a material variance from specifications, but generally, a material variation is one which (1) affects the price of the bid; (2) gives the bidder an advantage or benefit not enjoyed by other bidders; or (3) adversely impacts the interests of the procuring agency. Intercontinental Properties, Inc. v. HRS, 606 So. 2d 380 (Fla.

3d DCA 1992).

Material deviations or changes include those that involve fraud or misconduct, or that provide a bidder with an unacceptable or material competitive advantage. See Liberty City v. Asphalt & Concrete, 421 So. 2d 505 (Fla. 1982).

In general, the test for measuring whether a deviation in a bid is sufficiently material to destroy its competitive character is whether it affects the amount of the bid by giving the bidder an advantage not enjoyed by other bidders. Harry Pepper and Associates, Inc. v.

City of Cape Coral, 352 So. 2d 1190 (Fla. 2d DCA 1977).

In contrast, minor irregularities have included such matters as the submission of a cashier’s check instead of a bid bond, the failure to submit written evidence that agent signing of the owner had authority, and the failure to include a form listing DBE subcontractors, at least where there is an allegation that the form was enclosed but later misplaced. See, e.g., Intercontinental Properties; Asphalt Pavers

v. DOT, 602 So. 2d 558 (Fla. 1st DCA 1992).

Often solicitation documents will specifically list “Mandatory Criteria” or “Fatal Criteria”. When included, this listing is not exhaustive of required items. The bid or proposal may still be fatally defective if the bidder or proposer is otherwise not responsive to information and criteria specified anywhere in the Solicitation and the omission meets the test of a material variance from the specification requirements as discussed above.

To be responsive, a bid or proposal must conform in all “material” respects to the solicitation. FSDB reserves its rights promulgated in Statute or Rule including §287.012(25), FS, §60D-5.0071, FAC, §60D-5.008, FAC, and §60D-5.0091, FAC, to include the right to accept or reject any and all bids, or separable portions thereof at any time, including after an award is made and to waive any minor irregularity, technicality, or omission if FSDB determines that doing so will serve the State’s best interests. A minor irregularity is a variation from the terms and conditions of this solicitation which does not affect the price of the reply or give the Vendor a substantial advantage over other Vendors and thereby restrict or stifle competition and does not adversely impact the interest of FSDB. At its option, FSDB may correct minor irregularities, calculations, or typographical errors but is under no obligation to do so. When correcting minor irregularities, FSDB may request the Vendor provide clarifying information or additional materials to correct the minor irregularity.

However, FSDB will not request and the Vendor shall not provide additional materials that affect the price of the proposal, or give the Vendor an advantage or benefit not enjoyed by other Vendors.

2.25.6 Reserved Rights After Notice of Award

FSDB reserves the right, after posting notice thereof, to withdraw or amend its Notice of Award at any time prior to execution of a contract.

2.25.7 Right to Solicit Best and Final Offers (BAFO)

FSDB reserves the right to choose to ask for Best and Final Offers (BAFO) in this solicitation. If this option is exercised by FSDB, your response will be used to complete the evaluation process and determine the best proposal. Before awarding the contract associated with this solicitation, the evaluation committee will evaluate the submissions and rescore the responses as applicable.

Proposers are not required to submit a BAFO and may submit a written response stating that their response remains as originally submitted.

A request for the submission of a BAFO is only an invitation to participate further in the Solicitation process; it does not convey or imply anything more and is not intended to be a binding commitment to contract, nor will FSDB be obligated in any manner until a formal written contract has been executed.

BAFO refers to a multi-stage procurement process, in which FSDB invites Bidders/Proposers that have submitted substantially responsive Bids/Proposals to submit their Best and Final Offer.

BAFO is appropriate when the procurement process may benefit from Bidders/Prospers having a final opportunity to improve their Bid/Proposal, including by reducing prices, clarifying or modifying their Bid/Proposal, or providing additional information. It is normally particularly effective when markets are known to be highly competitive and there is strong competitive tension between Bidders/Proposers.

The objectives of BAFO are to:

• Increase understanding by Bidders/Proposers of FSDB’s requirements;

• Enhance competition amongst Bidders/Proposers who have made a Bid/Proposal submission;

• Create competitive tension amongst highly motivated Bidders/Proposers, which means the procurement process can be concluded quicker as Bidders/Proposers may be more willing to accept a higher risk profile to win the contract;

• Encourage creative or innovative solutions and allowing for different options for delivery to be considered;

• Expose potential risks such as technical shortfalls or depth of competencies;

• Develop contract management objectives and performance metrics to address inherent areas of risk; and

• To allow Bidders/Proposers to adjust their Bids/Proposals for new market conditions and to update their submissions around the edges for new technologies and practices.

2.25.7.1 Procedures for the use of the BAFO process.

A. The evaluation committee determines if the BAFO process will be conducted and who will receive the solicitation.

B. The evaluation committee may restrict the number of proposers invited to submit a BAFO, or may offer the option to all proposers.

C. BAFOs may be conducted with only those proposer(s) most likely to be awarded a contract. Any proposer(s) deemed not likely to be awarded may be dropped at this point and noted in the documentation. These proposal(s) will not figure into the scoring thereafter.

D. In order to develop content of the best and final offer, the purchasing lead may collect questions about the proposals from the evaluation committee.

E. The content of the best and final offer may also be developed as a result of negotiations with the proposer(s) most likely to be awarded a contract.

F. The evaluation committee may request that the proposer(s) readdress important aspects of the proposal such as the implementation schedule, level of support, type or amount of resources proposed, contract terms and conditions and/or cost.

G. The purchasing lead will send out the request for BAFOs in a letter stating the areas to be covered and the date and time in which the BAFO must be returned.

H. All communication to and from proposers regarding the best and final offer will be coordinated by the purchasing lead.

I. All responses to a BAFO must be returned to the purchasing lead.

J. BAFOs submitted after the deadline may not be accepted. Only the original and that proposer’s most recently submitted response may be used.

2.25.7.2 Content and structure of best and final offers

A. Best and final offers must contain specific information on what is being requested. Enhanced core components of the solicitation may be solicited; however, the integrity of the scope of the original solicitation must be maintained.

Proposers may be asked to provide additional clarification to specific sections of their response, and to rework their proposal content or cost proposal.

B. Best and final offers must include submission requirements with time lines.

C. Best and final offers must contain information on how the offers will be evaluated…