CN-620000-00103.pdf

STATE OF FLORIDA DEPARTMENT OF MILITARY AFFAIRS

STANDARD WRITTEN CONTRACT

Contract No.: DMA-JD-653 Solicitation No. DMA-RFP-244

F.E.I.D. No.: F592205829 D.M.S. Catalog Class No.: 92121504

Org Code: 62 19 12 08 670 Object Code: 134111

Annual Estimate: $2,000,000.00

BY THIS Contract, made and entered into this 10th day of June 2019, by and between the STATE OF FLORIDA, DEPARTMENT OF MILITARY AFFAIRS, hereinafter called the "Department" and Giddens Security Corporation., duly authorized to conduct business in the State of Florida, hereinafter called "Vendor," hereby agree as follows:

1. SERVICES AND PERFORMANCE

A. In connection with providing Security Guard service, the Department does hereby retain the Vendor to furnish certain services, information, and items as described in Solicitation No. DMA-RFP-244 attached hereto and made a part hereof.

B. Before making any additions or deletions to the work described in this Contract, and before undertaking any changes or revisions to such work, the parties shall negotiate any necessary cost changes and shall enter into an Amendment covering such work and compensation. Reference herein to this Contract shall include any amendment(s).

C. All tracings, plans, specifications, maps, computer files, and reports prepared or obtained under this Contract, as well as all data collected, together with summaries and charts derived there from, shall be the exclusive property of the Department without restriction or limitation on their use and shall be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Contract. Upon delivery to the Department of said document(s), the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Vendor shall not copyright any material and products or patent any invention developed under this Contract. The Department shall have the right to visit the site for inspection of the work and the products of the Vendor at any time.

D. All final plans, documents, reports, studies, and other data prepared by the Vendor shall bear the professional's seal/signature, in accordance with the applicable Florida Statutes, Administrative Rules promulgated by the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the time of execution of this Contract. In the event that changes in the statutes or rules create a conflict with the requirements of published guidelines, requirements of the statutes and rules shall take precedence.

E. The Vendor agrees to provide project schedule progress reports in a format acceptable to the Department and at intervals established by the Department. The Department shall be entitled at all times to be advised, at its request, as to the status of work being done by the Vendor and of the details thereof. Coordination shall be maintained by the Vendor with representatives of the Department, or of other agencies interested in the project on behalf of the Department. Either party to this Contract may request and be granted a conference.

F. All services shall be performed by the Vendor to the satisfaction of the Purchasing Director who shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Contract, the prosecution and fulfillment of the services hereunder and the character, quality, amount of value thereof; and the decision upon all claims, questions, and disputes shall be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses shall be subject to mutual agreement of the parties, and amendment(s) shall be entered into by the parties in accordance herewith.

Referenced herein the Purchasing Director is John Connor, (904) 823-0241, email: John.D.Connor2.nfg@mail.mil.

Referenced herein the Contract Administrator/Manager is Erin Lewis, (904) 823-0403, email: Rannah.E.Lewis.nfg@mail.mil .

Referenced herein the Project Manager is Pat Smith,(904) 823-0458 email: Patrick.T.Smith10.nfg@mail.mil.

2. TERM

mailto:John.D.Connor2.nfg@mail.mi mailto:Rannah.E.Lewis.nfg@mail.mil mailto:Patrick.T.Smith10.nfg@mail.mil

A. This Contract shall begin on date of execution and shall remain in full force and effect through completion of all services required or June 30, 2022, whichever occurs first. Subsequent to the execution of this Contract by both parties, the services to be rendered by the Vendor shall commence and be completed in accordance with the option selected below. (Select box and indicate date(s) as appropriate):

Security services shall commence as directed by individual purchase orders, written pursuant to the contract, and shall be completed by the term specified within individual purchase orders or date of termination, whichever occurs first.

Services shall commence upon written notice from the Department's Contract Manager and shall be completed by or date of termination, whichever occurs first.

Other: See Exhibit "A"

B. RENEWALS (Select appropriate box):

This Contract may not be renewed.

This Contract may be renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Contract.

C. EXTENSIONS. In the event that circumstances arise which make performance by the Vendor impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of this Contract. Extension of this Contract shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Contract; provided the Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension of this Contract unless the failure to meet the criteria set forth in this Contract for completion of this Contract is due to events beyond the control of the Vendor.

It shall be the responsibility of the Vendor to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays which would affect the project completion date, the Vendor shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department shall review the request and make a determination as to granting all or part of the requested extension.

3. COMPENSATION AND PAYMENT

A. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Section 215.422(14), Florida Statutes.

B. If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments.

C. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices shall be submitted to the Contract Manager, with a copy provided to the Contract Administrator.

D. The bills for any travel expenses, when authorized by terms of this Contract and by the Department's Contract Manager, shall be submitted in accordance with Section 112.061, Florida Statutes.

E. Vendors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless otherwise specified herein. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty

(20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.

F. If a payment is not available within forty (40) days; a separate interest penalty as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one

(1) dollar shall not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of

Vendor preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.

G. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Agencies or Eligible Users to registered Vendors for purchases of commodities or contractual services shall be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors shall pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to the rule. All such reports and payments shall be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions shall constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.

H. A vendor ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Consumer Hotline, 1-800-342-2762.

I. Records of costs incurred under terms of this Contract shall be maintained and made available upon request to the Department at all times during the period of this Contract and for three (3) years after final payment for the work pursuant to this Contract is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred shall include the Vendor's general accounting records and the project records, together with supporting documents and records of the Vendor and all subcontractors performing work on the project, and all other records of the Vendor and subcontractors considered necessary by the Department for a proper audit of project costs.

J. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the State Legislature and/or the availability of Federal Funds.

4. INDEMNITY AND PAYMENT FOR CLAIMS

A. INDEMNITY: The Vendor shall indemnify and hold harmless the Department, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Vendor and persons employed or utilized by the Vendor in the performance of this Contract.

It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the terns or provisions of this Contract.

B. SOVEREIGN IMMUNITY: Nothing contained herein shall be construed as a waiver of the limitations on liability enjoyed by the Department, as provided in Section 768.28, Florida Statutes.

C. PAYMENT FOR CLAIMS: The Vendor guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Vendor or any subcontractor, in connection with the Contract. The Department's final acceptance and payment does not release the Vendor's bond until all such claims are paid or released.

D. LIABILITY INSURANCE. (Select and complete as appropriate):

No general liability insurance is required.

The Vendor shall carry and keep in force during the term of this Contract, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with a combined bodily injury limits of at least $100,000.00_ Per Person and $300,000.00 each occurrence, and property damage insurance of at least $100,000.00 each occurrence, for the services to be rendered in accordance with this Contract.

The Vendor shall have and maintain during the term of this Contract, a professional liability insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675 and Section 337.106, Florida Statutes, with a company or companies authorized to do business in the State of Florida, affording liability coverage for the professional services to be rendered in accordance with this Contract in the amount of $___________________.

E. WORKERS COMPENSATION. The Vendor shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law.

F. PERFORMANCE AND PAYMENT BOND. (Select as appropriate):

No Bond is required

Prior to commencement of any services pursuant to this Contract and at all times during the term hereof, including renewals and extensions, the Vendor will supply to the Department and keep in force a bond provided by a surety authorized to do business in the State of Florida, payable to the Department and conditioned for the prompt, faithful, and efficient performance of this Contract according to the terms and conditions hereof and within the time periods specified herein, and for the prompt payment of all persons furnishing labor, materials, equipment, and supplies therefore.

G. CERTIFICATION. With respect to any insurance policy, required pursuant to this Contract, all such policies shall be issued by companies licensed to do business in the State of Florida. The Vendor shall provide to the Department certificates showing the required coverage to be in effect and showing the Department to be an additional certificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Department.

5. COMPLIANCE WITH LAWS

A. The Vendor shall comply with Chapter 119, Florida Statutes. Specifically the Vendor shall:

(1) Keep and maintain public records required by the Department to perform the service.

(2) Upon request from the Department’s custodian of public records, or his designee, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Vendor does not transfer the records to the Department.

(4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in possession of the Vendor or keep and maintain public records required by the Department to perform the service. If the Vendor transfers al public records to the Department upon completion of the contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of records, or his designee, in a format that is compatible with the information technology systems of the Department.

If the Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the Vendor’s duty to provide public records relating to this Contract, contact the Custodian of Public Records at:

Florida Department of Military Affairs Attn: John Connor 82 Marine Street

Saint Augustine, FL 32084 John.D.Connor2.nfg@mail.mil

(904) 823-0241

FAX (904) 823-0153

B. The Vendor agrees that it shall make no statements, press releases or publicity releases concerning this Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Contract, or any particulars thereof, during the period of the Contract, without first notifying the Department's Contract Manager and securing prior written consent. The Vendor also agrees that it shall not publish, copyright, or patent any of the data developed under this Contract, it being understood that such data or information are works made for hire and the property of the Department.

C. The Vendor shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under this Contract.

D. If the Vendor is licensed by the Department of Business and Professional Regulation to perform the services herein contracted, then Section 337.162, Florida Statutes, applies as follows:

(1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. The complaint shall be confidential.

(2) Any person who is employed by the Department and who is licensed by the Department of Business and Professional Regulation and who, through the course of the person's employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455, Florida Statutes, and the state licensing law applicable to that licensee. The complaint shall be confidential.

(3) Any complaints submitted to the Department of Business and Professional Regulation are confidential and exempt from Section 119.07(1), Florida Statutes, pursuant to Chapter 455.32(15), Florida Statutes, and applicable state law.

E. The Vendor covenants and agrees that it and its employees and agents shall be bound by the standards of conduct provided in applicable law and applicable rules of the Board of Business and Professional Regulation as they relate to work performed under this Contract. The Vendor further covenants and agrees that when a former state employee is employed by the Vendor, the Vendor shall require that strict adherence by the former state employee to Sections 112.313 and 112.3185, Florida Statutes, is a condition of employment for said former state employee. These statutes will by reference be made a part of this Contract as though set forth in full. The Vendor agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Contract.

F. 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, Florida Statutes, for CATEGORY TWO for a period of thirty-six

(36) months following the date of being placed on the convicted vendor list.

G. 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, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity.

H. The Department shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.

mailto:John.D.Connor2.nfg@mail.mil

I. Pursuant to Florida Statutes 216.347 and 11.062, the vendor may not expend State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.

J. Inspector General Requirements: In accordance with 20.055(5), “It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the corporation, partnership, or person understands and will comply with this subsection.”

6. TERMINATION AND DEFAULT

A. This Contract may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department reserves the right to terminate or cancel this Contract in the event an assignment is made for the benefit of creditors.

B. If the Department determines that the performance of the Vendor is not satisfactory, the Department shall have the option of

(a) immediately terminating the Contract, or (b) notifying the Vendor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the Department.

C. If the Department requires termination of the Contract for reasons other than unsatisfactory performance of the Vendor, the Department shall notify the Vendor of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Contract is to be terminated.

D. If the Contract is terminated before performance is completed, the Vendor shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Contract. All work in progress shall become the property of the Department and shall be turned over promptly by the Vendor.

7. ASSIGNMENT AND SUBCONTRACTS

A. The Vendor shall maintain an adequate and competent staff so as to enable the Vendor to timely perform under this Contract and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Department, other than those costs within the limits and terms of this Contract. The Vendor is fully responsible for satisfactory completion of all subcontracted work. The Vendor, however, shall not sublet, assign, or transfer any work under this Contract to other than subcontractors specified in the proposal, bid, and/or Contract without the written consent of the Department.

B. Select the appropriate box:

The following provision is not applicable to this Contract:

The following provision is hereby incorporated in and made a part of this Contract:

It is expressly understood and agreed that any articles that are the subject of, or required to carry out this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity (Vendor) carrying out the provisions of this Contract shall be deemed to be substituted for the state agency (Department) insofar as dealings with such qualified nonprofit agency are concerned. Available pricing, products, and delivery schedules may be obtained by contacting:

RESPECT

2475 Apalachee Parkway Tallahassee, FL 32301-4946 Phone: (850)487-1471

The following provision is hereby incorporated in and made a part of this Contract:

It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Sections 946.515(2) and (4), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity (Vendor) carrying out the provisions of this Contract shall be deemed to be substituted for this agency (Department) insofar as dealings with such corporation are concerned.

The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Available pricing, products, and delivery schedules may be obtained by contacting:

PRIDE Enterprises

12425 - 28th Street, North

St. Petersburg, FL 33716-1826 (800)643-8459

8. MISCELLANEOUS

A. The Vendor and its employees, agents, representatives, or subcontractors are not employees of the Department and are not entitled to the benefits of State of Florida employees. Except to the extent expressly authorized herein, Vendor and its employees, agents, representatives, or subcontractors are not agents of the Department or the State for any purpose or authority such as to bind or represent the interests thereof, and shall not represent that it is an agent or that it is acting on the behalf of the Department or the State. The Department shall not be bound by any unauthorized acts or conduct of the Vendor or its employees, agents, representatives, or subcontractors. Vendor agrees to include this provision in all its subcontracts under this Contract.

B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.

C. This Contract embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. The State of Florida terms and conditions, whether general or specific, shall take precedence over and supersede any inconsistent or conflicting provision in any attached terms and conditions of the Vendor.

D. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provision held to be invalid.

E. This Contract shall be governed by and construed in accordance with the laws of the State of Florida.

F. In any legal action related to this Contract, instituted by either party, the Vendor hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in the county chosen by the Department and in the event that any such legal action is filed by the Vendor, the Vendor hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same.

G. Contractor Environmental Awareness Training-Contractor supervisors and all subcontractor supervisors managing projects at FLARNG facilities and properties must show completion of the Contractor Environmental Awareness Training prior to beginning any work. The training is completed by logging into https://flarnge2online.com and registering as a contractor or subcontractor using the new user login password: flarng (all lowercase). Once the training is complete a certificate of completion can be printed as proof of completion. These certificates and the FLARNGs’ Environmental Policy must be posted at the work site for all supervisors working onsite. It will be the responsibility of the contractor and subcontractor to insure that all personnel working onsite have been made aware of the FLARNGs’ Environmental Policy.

H. Federal funding has or may be provided through Master Cooperative Agreement (MCA) W911YN-XX-2-1000 for this contract. In accordance with Article IX, Section 902 of the MCA, the terms and conditions of Article VIII of the MCA will prevail in the event this Article offers more protection to the Department. Article VIII of the MCA is hereby incorporated and made part of this Contract.

https://flarnge2online.com/

DMA-RFP-244-Security Guard Service

Request for Proposals Armed Security Guard Service

DMA-RFP-244

Contact Information John D. Connor, Purchasing Director

John.D.Connor2.nfg@mail.mil (904) 823-0241 Erin Lewis, Purchasing Agent

Rannah.E.Lewis.nfg@mail.mil (904) 823-0403 82 Marine Street

St. Augustine, FL 32084 Fax No. (904) 823-0153 http://dma.myflorida.com/ mailto:John.D.Connor2.nfg@mail.mil http://dma.myflorida.com/�

CALENDAR OF EVENTS

The following time schedule will be strictly adhered to in all actions relative to the RFP, unless modified by the Department by addendum to this RFP.

Date Time Action Location 3/21/19 C.O.B. Release of Solicitation MyFlorida.com web site, Vendor Bid

System

4/3/19

2:00 PM

Discussion Questions for the Solicitation Conference - Last date and time written questions will be accepted for discussion at the conference.

Send to:

John.D.Connor2.nfg@mail.mil and Rannah.E.Lewis.nfg@mail.mil or fax to (904) 823-0153

4/3/19

Deadline for submission of Intent to Attend Solicitation Briefing Form (Attachment H)

Send to:

John.D.Connor2.nfg@mail.mil and

4/10/19

1:30 PM

Mandatory Solicitation Briefing Conference

Camp Blanding 5629 State Road 16 W, BDLG 2300 Starke, FL 32091

4/17/19

Final date and time for written question submission. Questions may be submitted earlier.

Send to:

John.D.Connor2.nfg@mail.mil and

4/19/19

C.O.B.

Anticipated date that questions and response will be posted on the vendor bid system.

MyFlorida.com web site, Vendor Bid

4/19/19

C.O.B.

Anticipated date that solicitation amendment may be posted as a result of questions submissions, omissions, changes or clarifications.

5/2/19

All Proposals/Bids Due - Proposal/Bid Opening Note: Evaluator Instruction and the Evaluation Process begin immediately following the opening.

Dept. of Military Affairs 82 Marine Street, SQM P &C Saint Augustine, Florida 32084

5/8/19 C.O.B. Anticipated Date of Posting Bid Tab & Notice of Intended Award

C.O.B –By Close of Business All meetings in the calendar of events (Mandatory Solicitation conference, Bid Opening which includes evaluator instructions) are open to the public.

mailto:John.D.Connor2.nfg@mail.mil mailto:Rannah.E.Lewis.nfg@mail.mil mailto:John.D.Connor2.nfg@mail.mil mailto:Rannah.E.Lewis.nfg@mail.mil

Attachment M Notice of Intent to Attend Mandatory

Solicitation Conference/Briefing

Item(s) being Procured Armed Security Guard Services

Potential proposers/bidders are requested to notify our office by returning this Form no later than the date specified on the schedule of events. Complete the information below and fax this sheet only to the Department of Military Affairs at (904) 823-0153, email to Rannah.E.Lewis.nfg@mail.mil or mail to Department of Military Affairs, State Quartermaster – P&C, P.O. Box 1008 St. Augustine, Florida 32085

Completion/Submission of this form is for informational purposes only. No information will be provided as a result of submission.

The mandatory conference/briefing will be held on April 10, 2019 at 1:30 PM at the below address:

Dept. of Military Affairs Camp Blanding Joint Training Center

HDQ Conference Room 5629 State Road 16 W, BLDG 2300

Starke, FL 32091

Company Name__________________________________________________________

Authorized Company Representative: ________________________________________

Mailing Address________________________________________________________

Telephone No. ________________ Fax No. _________________________

Email Address __________________________________________________

Questions for solicitation conference/briefing shall be submitted in writing and sent to John.D.Connor2.nfg@mail.mil or by fax to (904) 823-0153 in accordance with the date and time scheduled on the calendar of events. The intent of this deadline is to provide DMA sufficient time to prepare responses for discussion at the conference.

Table of Contents

1.0 Invitation and General

Information

1.1 Invitation

1.2 Purchasing Director

1.3 Contract Administrator

1.4 Contract Manager

2.0 2.0 General Conditions PUR 1001 - General Instructions to Respondents

3.0 3.0 General Conditions PUR 1000 - General Contract Conditions

4.0 4.0 Special Conditions 4.1 MyFloridaMarketPlace

4.2 Minority Business Enterprise (MBE) Utilization

4.3 Communications, Bid Questions & Answers

4.4 Estimated Expenditures

4.5 Qualifications

4.6 Department Reservations and Responsiveness of Bids

4.7 Vendor’s Contractual Obligations

4.8 Intellectual Property

4.9 Copyrighted Materials

4.10 Costs Incurred in Responding

4.11 Bid/Proposal Submission

4.12 Bid/Proposal Opening

4.13 Review & Evaluation Process

4.14 Identical Evaluation (Tied Score) of Responses

4.15 Posting of Intended Award

4.16 Award of Contract

5.0 Technical Specifications 5.1 Introduction

5.2 Scope of Work

5.3 Contractor Responsibilities and Service Requirements

5.4 Mandatory Briefing

5.5 DMA Contract Manager Responsibilities

5.6 Invoicing and Payments

5.7 Performance and Consequences

5.8 Special Considerations

6.0 Bid Submittal 6.1 Proposal

6.2 Reply Evaluation Criteria

6.3 Price Sheet

6.4 References

6.5 Drug Free Workplace

6.6 Minimum Qualifications Statement

6.7 Required Certifications

6.8 Cross Reference Table

Attachments A Price Sheet B Vendor References C Certification of Drug-Free Workplace D Minimum Qualifications Statement E Vendor Certifications F Cross Reference Table G Vendor Check List Exhibit I –Article VIII Exhibit A Current Facility/Schedule Requirements

1.0 Purpose and General Information:

1.1 Purpose: This solicitation is to procure Security Guard Service for the Department of Military Affairs (DMA), at five or more locations in Florida. It is anticipated that one contract will be awarded and the term will begin on or about July 1, 2019 and end on June 30, 2022. In accordance with FS 287.057(14)(a), DMA reserves the right to renew this contract for up to an additional three years.

Vendors submitting a proposal/bid must be registered in MyFloridaMarketPlace prior to contract award. (see NEW REGISTRATION REQUIRED FOR FLORIDA VENDORS section, 1.6).

A vendor shall not be considered for an award if not registered in MyFloridaMarketPlace.

1.2 Purchasing Director: The Purchasing Director, acting on the behalf of the Department of Military Affairs, is the sole point of contact with regard to all procurement matters relating to the RFP, from the date of release until the Department's Notice of Agency Decision.

John Connor, Purchasing Director Department of Military Affairs State Quartermaster – P&C 82 Marine Street St. Augustine, Florida 32084 Telephone No. (904) 823-0241 Fax No. (904) 823-0153 Email: John.D.Connor2.nfg@mail.mil

1.3 Contract Administrator: The DMA employee identified below is designated as Contract Administrator and shall act on behalf of the Department of Military Affairs for contractual matters and is responsible for maintaining a contract file, financial information and serves as a liaison with the contract managers.

Erin Lewis, Purchasing Agent, CPPB Department of Military Affairs State Quartermaster – P&C 82 Marine Street St. Augustine, Florida 32084 Telephone No. (904) 823-0403 Fax No. (904) 823-0153 Email: Rannah.E.Lewis.nfg@mail.mil

1.4 Contract Manager: The DMA employee identified below is designated as Contract Manager and shall act on behalf of the Department of Military Affairs. The Contract Manager is responsible for enforcing performance of the contract terms and conditions and serves as a liaison with the contractor after the Notice of Agency Decision has been completed and the Contract is executed.

Pat Smith Department of Military Affairs 2305 State Road 207

St. Augustine, Florida 32086 Telephone No. (904) 823-0458 Email: Patrick.T.Smith10.nfg@mail.mil

2.0 General Conditions: General Instructions to Respondents (PUR1001)

This section explains the General Instructions to Respondents (PUR 1001) of the solicitation process. This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return the document to the Department of Military Affairs.

https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_refere nces_resources/state_purchasing_pur_forms

Exception: Item 3 - DMA does not currently accept Electronic Submission of Responses.

Exception: Item 5 - Refer to Section 4.3 Exception: Item 7 – Refer to Section 4.5.3

3.0 General Conditions: General Contract Conditions (PUR 1000) This section explains the General Contract Conditions (PUR 1000) of the solicitation process.

This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return this document to the Department of Military Affairs.

https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_refere nces_resources/state_purchasing_pur_forms

4.0 SPECIAL CONDITIONS

4.1 MyFloridaMarketPlace

Since July 1, 2003, the Department has been using the State of Florida's web-based electronic procurement system, MyFloridaMarketPlace. BIDDERS MUST BE REGISTERED IN THE

STATE OF FLORIDA'S MYFLORIDAMARKETPLACE SYSTEM BY DATE OF

CONTRACT AWARD OR THEY WILL BE CONSIDERED NON-RESPONSIVE. All prospective bidders that are not registered should go to https://vendor.myfloridamarketplace.com to complete on-line registration, or call 1-866-352-3776 for assisted registration.

4.2 Minority Business Enterprise (MBE) Utilization

DMA encourages the recruitment and utilization of certified and non-certified minority businesses. DMA, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that minority businesses have the opportunity to compete for and perform contract work for the DMA in a nondiscriminatory environment.

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the Internet at www.osd.dms.state.fl.us.

https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms https://vendor.myfloridamarketplace.com/

4.3 Communications, Solicitation Questions and Answers

No negotiations, decisions or actions shall be initiated or executed by a vendor as a result of any discussion with any State employee. Only those communications that are in writing from the office of Purchasing & Contracts may be considered as duly authorized expressions on behalf of this Department. The only recognized exception is that questions will be answered during Mandatory Site Visits or Briefings.

Any questions arising from this RFP must be forwarded, in writing, to the procurement officials designated in Sections 1.2 and 1.3 above. DMA’s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Bid System at www.myflorida.com (click on "BUSINESS", click on "Doing Business with the State", under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", then click on "Search Advertisements"), under this bid number. It is the responsibility of all potential bidders/proposers to monitor this site for any changing information prior to submitting their bid/proposal.

Only written inquiries from vendors, which are signed by persons authorized to contractually bind that company, will be recognized by the Department as duly authorized expressions on behalf of the vendor.

4.4 Estimated Expenditures

It is anticipated that DMA will expend approximately $2,000,000 annually under any contract resulting from this bid. These estimated figures are given only as a guideline for preparing your bid/proposal and should not be construed as representing actual figures under the contract.

Issuance of this RFP in no way constitutes a commitment by DMA to award a contract. Contract award is contingent upon availability of funds.

4.5 Qualifications

4.5.1 General: The Vendor must prove to the satisfaction of DMA that their company has actively and normally been engaged in business for the services/items being procured under this solicitation for at least three (3) years of continuous operation. (This shall be demonstrated through references which have been in place at least one (1) continuous year). The Bidder/Proposer shall have available under their direct supervision, the necessary organization, experience, equipment and staff to properly fulfill all the conditions, requirements, and specifications required under this solicitation.

4.5.2 Vendor Qualifications: When submitting the bid/proposal, each respondent must submit a written statement, detailing their qualifications that demonstrate they meet the minimum qualifications contained in 4.5.1. Failure by the bidder/proposer to provide the above item(s) will constitute a non-responsive determination. Bids/Proposals found to be non-responsive will not be considered. Attachment D is provided for your convenience and may be used as part of your bid/proposal. This form is not required for an RFP as it may not offer sufficient space for the detail required. However, submission of the form may assist in the initial review (See 4.13) in determining that the requirements of 4.5.1 have been met.

http://www.myflorida.com/

4.5.3 Convicted Vendors: 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 threshold amount provided in Florida Statute 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

4.5.4 Authorized to do Business in the State of Florida: In accordance with sections 607.1501, 608.501, and 620.169, Florida Statutes, foreign corporations, foreign limited liability companies, and foreign limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the bid due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

4.5.5 License to conduct services in the State of Florida: If the services being provided require that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the bid/proposal due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For licensing, contact:

Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797

(850) 487-1395

4.6 Department Reservations and Responsiveness of Bids/Proposals

4.6.1 Valid Proposal: A responsive offer in full compliance with the Request for Proposal specifications and conditions by a responsible person or firm. The responsiveness of a bid/proposal shall be determined based on the documents submitted with the proposal and attendance at the mandatory briefing. Vendors shall submit the original and three (3) copies of the bid/proposal. The responsiveness of the bid/proposal is the responsibility of the Offeror and will be determined during the evaluation process.

a. Responsive offer means a person or firm that has submitted a bid/proposal and that conforms in all material respects to the Request for Proposal.

b. Responsible or qualified Offeror means a person or firm with the capability in all respects to perform fully the Contract requirements and the integrity and reliability to assure good faith performance. Failure to provide information to determine responsibility in response to a condition of a bid/proposal requiring information may be cause for such bid/proposal to be rejected.

4.6.2 General: DMA reserves the right to accept or reject any or all bids/proposals received and reserves the right to make an award without further discussion of the bids submitted. Therefore, the bidder should make sure that the bid package submitted is complete and accurate and ensure delivery on or before the bid opening time and date specified in this solicitation. It is understood that the bid/proposal will become a part of DMA's official file, without obligation to DMA.

4.6.3 Responsiveness of Bids: Proposals/bids will not be considered if not received by DMA on or before the date and time specified as the due date for submission. All proposals/bids must be typed or printed in ink. Offers by facsimile or telephone are not acceptable. DMA does not currently accept electronic submissions. A responsive proposal/bid is an offer to perform the scope of services called for in this RFP in accordance with all requirements of this RFP.

Proposals/bids found to be non-responsive will not be considered. Proposals/bids may be rejected if found to be irregular or not in conformance with the requirements and instructions herein contained. A proposal/bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid requirements, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. All bid/proposal prices shown on the price sheets submitted are final and mistakes will be at proposer/bidder’s risk. Please refer to the last page of Attachment F for additional information regarding the review and evaluation process.

4.6.4 Other Conditions: Other conditions which may cause rejection of bids/proposals include, evidence of collusion among bidders, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the United States Comptroller General's List of Ineligible Contractors for Federally Financed or Assisted Projects.

4.7 Vendor’s Contractual…