CN-700000-18018.pdf

Agency Term Contract

ATC-18-018

Contraband-Identifying Canines

This Contract is between the State of Florida, Department of Corrections (Department), an Agency of the State of Florida with offices at 501 S. Calhoun Street, Tallahassee, FL 32399, and Southern Coast K9, Incorporated (Contractor).

The Contractor responded to the Department’s Request for Proposals (RFP), FDC RFP-18-036, Contraband-Identifying Canines. The Department negotiated value added services and the Contract term with the Contractor, and enters into this Contract in accordance with the terms and conditions of the RFP.

Accordingly, and in consideration of the mutual promises contained in the Contract, the Department and Contractor agree as follows:

I. Scope of Work

The commodities to be provided by the Contractor pursuant to this Contract are defined and described in Exhibits A and B.

II. Contract Term

The initial term of Contract will be for five (5) years. The initial Contract term shall begin on April 1, 2018, or on the last date in which it is signed by all parties, whichever is later.

III. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed five (5) years, or portions thereof, at the renewal pricing specified in the Contractor’s original submission, upon mutual agreement of the parties as set forth in the Contract.

IV. Contract

This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter.

All Exhibits attached to this Contract are incorporated in their entirety and form as part of this Contract. The Contract has the following Exhibits:

a) Exhibit A: FDC RFP-18-036 and all Addenda; and

b) Exhibit B: Contractor’s Pricing to FDC RFP-18-036.

In case of conflict, the documents shall have priority in the order listed:

a) The Agency Term Contract;

b) Exhibit A: FDC RFP-18-036 and all Addenda; and

c) Exhibit B: Contractor’s Pricing to FDC RFP-18-036.

V. Amendments

No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties. Any future amendments of the Contract, which alter the definition of the services, shall define the services in the same format as Exhibit A.

Notwithstanding the order listed in Section IV, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

VI. Contract Notices

In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by email to the Contractor’s designated contact person as prescribed in Section VII.

VII. Contract Management

The Department employee who is primarily responsible for maintaining the Contract Administration file is:

ATC Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun St., Suite 317 Tallahassee, FL 32399 Telephone (850) 717-3700 Email: Purchasing@fdc.myflorida.com

The Department’s Contract Manager is:

Colonel Kevin Dean, Interdiction Intelligence Supervisor Office of Intelligence Florida Department of Corrections 224 North Main Street, Suite 1 Chiefland, FL 32626 Telephone (352) 303-0878 Email: Kevin.Dean@fdc.myflorida.com

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Manager.

The Contractor has assigned the following individuals to serve as the designated contact person for this Contract:

Primary Contact:

Bill Heiser, Vice President of Canine Services Southern Coast K9, Incorporated 690 Meta Lane New Smyrna Beach, Florida 32168 Telephone (386) 451-0952 Facsimile (386) 423-1776 Email: bheiser@southerncoastk9.com

All questions and customer service issues concerning this Contract shall be directed to the Contractor’s designated contacts. It will be the designated contact’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues. The Contractor must provide written notice to the Department if a new employee is designated as the contact person for this Contract.

VIII. Termination

A. Termination at Will

This Contract may be terminated by either party at will, including due to an award of a competitive procurement, upon no less than 30 written calendar days’ notice, unless a shorter time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery.

B. Termination Due to Lack of Funds

In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours’ notice in writing to the Contractor.

Notice shall be delivered by certified mail (return receipt requested), facsimile, by other method of delivery whereby an original signature is obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of 30 days written notice by the Department, the Department may, by written notice to the Contractor, terminate this Contract upon 24 hours’ notice. Notice of termination shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code. The provisions herein do not limit the Department’s right to remedies at law or to damages.

D. Termination for Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

IX. Assignment

The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department’s Contract Manager. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon giving written notice to the Contractor.

X. Subcontracts

The Contractor is fully responsible for all work performed under this Contract. The Contractor may, upon receiving written consent from the Department’s Contract Manager, enter into written subcontract(s) for performance of certain functions under this Contract. No subcontract, which the Contractor enters into with respect to performance of any of its functions under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. All payments to subcontractors shall be made by the Contractor.

It is understood and agreed that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract.

XI. Price Adjustments

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated.

XII. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete the number of commodities or services, when considered to be in its best interest. Pricing shall be comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations.

XIII. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, 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 this chapter or as provided by law; (c) 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 Contractor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor 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 public records, in a format that is compatible with the information technology systems of the Department. Pursuant to §287.058(1)(c), Florida Statutes (F.S.), the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from §24(a) of Art. I of the State Constitution and either §119.07(1), F.S or §119.071, F.S.

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

Florida Department of Corrections ATTN: Public Records Unit 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3605 Fax: (850) 922-4355

Email: CO.PublicRecords@fdc.myflorida.com

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to individual receiving services in accordance with applicable local, state, and federal laws, rules and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and state statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e. FDC staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released in writing by said Department.

C. Disputes

Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Contract Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Chief Financial Officer (CFO), or designee. The CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Department’s Contract Manager and the Contract Administrator.

D. Notices

All notices required or permitted by this Contract shall be given in writing and by hand-delivery or email to the respective parties. All notices by hand-delivery shall be deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable. Both parties may change their contact information and Contract Manager by written notice given to the other party as provided above.

E. Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of the Prison Rape Elimination Act (PREA) Federal Rule 28 C.F.R. Part 115 to the Department’s Contract Manager.

F. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this Contract. Upon the execution of this Contract, the Contractor shall furnish the Contract Manager written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a state agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any party’s liability beyond that provided in Section 768.28., F.S.

G. Employee Status

This Contract does not create an employee/employer relationship between the parties.

It is the intent of the parties that the Department and Contractor are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services provided by each party pursuant to this Contract shall be subject to the supervision of each party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities.

This Contract shall not be construed as creating any joint employment relationship between the Parties and neither party will be liable for any obligation incurred by the other party, including, but not limited to, unpaid minimum wages and/or overtime premiums.

H. Force Majeure

Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption or performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

I. Annual Appropriation

The State of Florida’s and the Department’s performances and obligations to pay for goods and services under this Contract are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under this Contract.

J. Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning this Contract.

K. Scrutinized Companies Contractor Certification

If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that they are not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Sections 215.473, F.S. and 215.4725, F.S. Pursuant to Section 287.135(5), F.S., and 287.135(3), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract.

L. Utilization of E-Verify

The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274 of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this Agreement.

Pursuant to the State of Florida, Office of the Governor, Executive Order Number 11- 116, the Contractor will utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of: (a) all persons employed during the term of the Contract by the Contractor to perform employment duties within Florida within three (3) business days after the date of hire; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract with the Department within 90 calendar days after the date the Contract is executed or within thirty (30) days after such persons are assigned to perform work pursuant to the Contract, whichever is later. Refer to http://www.dhs.gov/files/programs/gc for more information.

CONTRACTOR: Southern Coast K9, STATE OF FLORIDA Incorporated DEPARTMENT OF CORRECTIONS

Signature Kasey B. Faulk, Chief

Bureau of Procurement

Print Name Date

Date Approved as to form and legality, subject to execution.

Kenneth S. Steely, General Counsel

Date

REQUEST FOR PROPOSALS (RFP)

FOR

CONTRABAND-IDENTIFYING CANINES

FDC RFP-18-036

RELEASED ON

November 30, 2017

By the:

Florida Department of Corrections

Bureau of Procurement 501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to Procurement Officer:

Nicole Branch purchasing@fdc.myflorida.com

EXHIBIT A

Page 2 of 41 FDC RFP-18-036

TABLE OF CONTENTS

TIMELINE

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Background

1.2 Statement of Purpose

1.3 Contract Term and Renewal

1.4 Definitions

1.5 Overview

1.6 Initial Purchase

1.7 Pricing Methodology

1.8 Conflicts and Order(s) of Precedence

SECTION 2.0 SCOPE OF WORK

2.1 Scope of Services

2.2 Rules and Regulations

2.3 Department Responsibilities

2.4 Vendor Requirements

2.5 Canine Requirements

2.6 Vendor Staff Requirements

2.7 Value Added Services

2.8 Deliverables

2.9 Records and Documentation

2.10 Financial Specifications

2.11 Vendor Ombudsman

2.12 Modification after Contract Execution

SECTION 3.0 - PROCUREMENT RULES AND INFORMATION

3.1 Instructions to Respondents (PUR1001)

3.2 Vendor Inquiries

3.3 Cost of Proposal Preparation

3.4 Identical Tie Proposals

3.5 Instructions for Proposal Submittal

3.6 Project Proposal Format and Contents

3.7 Response Opening

3.8 Evaluation Criteria

3.9 Disclosure of Response Contents

3.10 Basis of Award

3.11 Posting of Notice of Agency Decision

3.12 Rules for Withdrawal

3.13 Rejection of Proposals

3.14 Pre-Proposal Conference

3.15 Addenda

3.16 Verbal Instructions Procedure

3.17 No Prior Involvement and Conflict of Interest

3.18 State Licensing Requirements

3.19 MyFloridaMarketPlace (MFMP) Registration

3.20 Travel Expenses

3.21 Confidential, Proprietary, or Trade Secret Material

3.22 E-Verify

3.23 Vendor Substitute W-9

3.24 Scrutinized Companies

3.25 Disposal of Proposals

Page 3 of 41 FDC RFP-18-036

3.26 Protest Procedures

3.27 Florida Prefernce

SECTION 4.0 SPECIAL CONDITIONS

4.1 General Contract Conditions (PUR1000)

4.2 State Initiatives

4.3 Subcontracts

4.4 Insurance

4.5 Copyrights, Right to Data, Patents and Royalties

4.6 Independent Contractor Status

4.7 Assignment

4.8 Severability

4.9 Use of Funds for Lobbying Prohibited

4.10 Reservation of Rights

4.11 Convicted Felons

4.12 Taxes

4.13 Safety Standards

4.14 Americans with Disabilities Act

4.15 Employment of Department Personnel

4.16 Legal Requirements

4.17 Conflict of Law and Controlling Provisions

4.18 Termination

4.19 Retention of Records

4.20 Indemnification

4.21 Inspector General

ATTACHMENT I Cost Proposal Sheet ATTACHMENT II Certification/Attestation Form ATTACHMENT III Business/Corporate Reference Form ATTACHMENT IV Reference Questionnaire ATTACHMENT V Evaluation Criteria ATTACHMENT VI Certification of Drug Free Workplace Program ATTACHMENT VII Vendor’s Contact Information

Page 4 of 41 FDC RFP-18-036

TIMELINE

FDC RFP-18-036

EVENT DUE DATE LOCATION

Release of RFP November 30, 2017 Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/main_menu

Pre-Proposal Conference

(non-mandatory)

December 13, 2017 at 10:00 a.m., Eastern Time

Florida Department of Corrections Bureau of Procurement, Nicole Branch 501 South Calhoun Street Tallahassee, Florida 32399

Call-in Telephone Number: (888) 670-3525 Participant Code 1603048419

Last day for written inquires to be received by the Department

December 19, 2017 prior to 5:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Bureau of Procurement, Nicole Branch purchasing@fdc.myflorida.com

Anticipated Posting of written responses to written inquires

January 16, 2018 Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Proposals Due and Opened

January 23, 2018 Must be received prior to 2:00 p.m., Eastern Time

Florida Department of Corrections Bureau of Procurement, Nicole Branch 501 South Calhoun Street Tallahassee, Florida 32399

Evaluation Team Meeting

January 30, 2018 at 10:00 a.m., Eastern Time

Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399

Anticipated Posting of

Recommended Award

February 27, 2018 Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/main_menu

Page 5 of 41 FDC RFP-18-036

SECTION 1.0 – INTRODUCTORY MATERIALS

1.1 Background

Pursuant to Chapter 495, Florida Statutes (F.S.), the Florida Department of Corrections (Department) is responsible for the supervisory and protective care, custody, and control of all inmates. The Department is the third largest state prison system in the country, with approximately 97,000 inmates, and an operating budget of approximately $4 billion.

The Department has 150 facilities statewide.

1.2 Statement of Purpose

The Department is seeking qualified Vendors for the provision of contraband-identifying canines to be used throughout correctional institutions statewide.

The Department is requesting Proposals from qualified Vendors, who have a minimum of five (5) years of business/corporate experience, in the provision of certified contraband-identifying canines, for both controlled substance and cell phone detection, in the criminal justice field. Experience may be at either the State or federal levels.

The Department intends to award one (1) Contract for the services outlined in this RFP.

1.3 Contract Term and Renewal

As a result of this RFP, the highest scoring responsive, and responsible Vendor will be awarded a three (3) year Agency Term Contract (ATC), which may be renewed for up to three (3) renewal years, or portions thereof, in accordance with Section 287.057(13), Florida Statutes (F.S.), at the same prices, terms and conditions. Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP) purchase orders.

1.4 Definitions

The following terms used in this RFP, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.4.1 Agency Term Contract: A written agreement between the Department and awarded Vendor that is mandatory for use by the entire Department and will be used to issue purchase orders from, when the need for goods, as stated herein, are required by the Agency.

1.4.2 Breach of Contract: A failure of the Vendor(s) to perform in accordance with the terms and conditions of the resultant Contract.

1.4.3 Canine: A working canine that has been formally trained and utilized in the detection of controlled substances, cellular phones, and munitions.

1.4.4 Contraband Interdiction Unit: Staff in the Department’s Office of Intelligence who are assigned to conduct daily operations and contraband interdictions within all FDC facilities, and some contracted facilities, in order to remove and prevent contraband flow among the inmate population. These staff include Intelligence Officers and multiple canine-handler teams strategically placed throughout the State.

Page 6 of 41 FDC RFP-18-036

1.4.5 Contract: The resulting agreement between the successful Vendor and the Department.

1.4.6 Contract Non-Compliance: Failure to meet or comply with any requirement or term of the resultant Contract.

1.4.7 Day: Calendar day, unless otherwise stated.

1.4.8 Deliverables: Those services, items, and/or materials provided, prepared and delivered to the Department in the course of Contract performance. Deliverables are specifically described in Section 2.9 of this RFP.

1.4.9 Department: The Florida Department of Corrections (FDC).

1.4.10 Evaluation Methodology: The process utilized by the Department to evaluate the portions of the Proposal against pre-determined, established evaluation criteria, in order to determine scores and final ranking of qualified Vendors.

1.4.11 Health Guarantee: As it relates to a canine that has been purchased from the Vendor, the canine will carry a minimum of a two-year health guarantee that will be honored by the Vendor; if the canine develops any congenital health defects including hip problems, eye problems, and major internal organ problems not discovered by the time of purchase, that have not been caused by a work-related issue, the Vendor will replace the canine with a newly selected canine, at no additional expense to the Department.

1.4.12 Inmate: Refers to an individual that is incarcerated by the Department.

1.4.13 Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the Vendor to be responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a Proposal. Any Proposal rejected for failure to meet mandatory responsiveness requirements will not be further evaluated.

1.4.14 Material Deviations: The Department has established certain requirements with respect to Proposals submitted. The use of shall, must or will (except to indicate future) in this RFP indicates a requirement, or condition, which may not be waived by the Department, except where the deviation is not material. A deviation is material if, in the Department’s RFP’s sole discretion, the deficient response is not in substantial accord with the RFP’s requirements, provides an advantage to one (1) Vendor over other Vendors, has a potentially significant effect on the quality or quantity of services sought, or on the cost to the Department. Material deviations cannot be waived, and shall be the basis for determining a reply non-responsive.

1.4.15 Minor Irregularity: A variation from the RFP terms and conditions that does not affect the price of the Proposal, does not give the Vendor an advantage or benefit not enjoyed by the other Vendors, or does not adversely affect the interests of the Department. A minor irregularity will not result in a rejection of a Proposal.

Page 7 of 41 FDC RFP-18-036

1.4.16 Responsible Vendor: 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.

1.4.17 Responsive Proposal: A Proposal, submitted by a responsive and responsible Vendor that conforms in all material respects to the solicitation.

1.4.18 Subcontract: An agreement entered into by the Vendor with any other person or organization that agrees to perform any performance obligation for the Vendor specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of the resultant Contract.

1.4.19 Value-Added Services: Additional services the Vendor may offer to provide to the Department, in addition to providing services that meet the minimum services requirements and specifications of this RFP, offered at no additional cost to the Department.

1.4.20 Vendor or Respondent: A legally qualified corporation, partnership or other entity submitting a response to the Department, pursuant to this RFP.

1.4.21 Workability: As it relates to a canine that has been trained to seek out identified controlled substances, cell phones or munitions, the canine must be proficient and able to pass annual testing in order to maintain his or her status as a working canine within the Contraband Interdiction Unit.

1.5 Overview

The Department’s Contraband Interdiction Unit, currently consists of 23 nationally-certified, full-time, detection handler-canine teams. The handler-canine teams are strategically placed throughout the State and are assigned to work with each Region of FDC. The Canine Teams conduct inspections of FDC prisons, contracted facilities and outside work squad sites on a daily basis. They are part of the Department’s Office of Intelligence, and participate in unannounced contraband interdictions on a frequent basis throughout the State. The Contraband Interdiction Unit has achieved much success and continues to play a key and vital role in keeping contraband out of correctional institutions and partnering facilities. The Department has a “zero tolerance” policy for illegal contraband in its facilities.

1.6 Initial Purchase

The Vendor must have the capability to accommodate the Department’s initial purchase, as described herein, including initial selection of six (6) canines, and initial training services, within 30 days of Contract execution. For each selected canine, the Department requires six (6) proposed canines, from which the Department will select the one that most meets our needs. For example, there must be 36 canines available for the initial screen, in order for the Department to select and purchase six (6).

After the initial purchase, the Department will issue purchase orders to the awarded Vendor, in response to the Department’s needs, as funding is available.

1.7 Pricing Methodology

The Vendor shall provide a Unit Cost, per canine, as requested herein using Attachment I, Cost Proposal Sheet. The unit cost per canine shall be inclusive of all shipping, training

Page 8 of 41 FDC RFP-18-036 for both canine and handler, and other fees. The pricing shall be evaluated based on the Grand Total Price. The Department will verify all price calculations, and may correct mathematical errors. In the case of an error, unit costs shall prevail.

1.8 Conflicts and Order(s) of Precedence

All Proposals are subject to the terms of this RFP, which in case of conflict shall have the following order of precedence:

a) Addenda, in reverse order of issuance;

b) Request for Proposal, including attachments;

c) General Contract Conditions (Form PUR 1000) (Section 4.1); and

d) General Instructions to Respondents (Form PUR 1001) (Section 3.1).

Section 2.0 – Scope of Work

2.1 Scope of Services – General Description of Services

This Section contains the Scope of Services that will be required in the Contract that may be executed as a result of this RFP. By submitting a Proposal, each Vendor specifically acknowledges and agrees that in addition to all requirements noted elsewhere in this RFP, all requirements referencing “Vendor” contained within the Scope of Service below will be applicable to the Vendor should they be awarded.

All services to be performed by, or under the direction of the awarded Vendor, under any resultant Contract, shall meet or exceed the minimum requirements outlined in this RFP.

Under no circumstances shall canines meeting less than the minimum requirements be permitted.

The Department intends to contract with a responsive, responsible Vendor for the provision of dually trained contraband-identifying canines, for both controlled substance and cell phone detection.

2.2 Rules and Regulations

2.2.1 All services provided under the resulting Contract must meet all applicable local, State and federal ordinances, laws, rules and regulations.

2.2.2 The Vendor shall pay for all costs associated with local, State, and federal licensing, permits and inspection fees required to provide contraband-identifying canines. All required permits and licenses shall be current, maintained on-site, and a copy of such shall be submitted to the Department’s Contract Manager, or designee, upon request.

2.2.3 The Vendor shall comply with the Department’s policy regarding “Non- Discrimination,” which states, “No person on the grounds of race, creed, color, national origin, age, gender, marital status or disability, shall be excluded from participation in, be denied the benefits or the proceeds of, or be otherwise subjected to, discrimination in the performance of any Contract.”

Page 9 of 41 FDC RFP-18-036

2.3 Department Responsibilities

2.3.1 The Department will maintain copies of all records for the canine, to include medical, training, assignment, etc.

2.3.2 The Department will be responsible for the proper care of the canine on a daily basis, to include feeding, exercising, and grooming.

2.3.3 The Department will be responsible for ensuring that the canine receives proper veterinary care on an annual basis, or as needed.

2.4 Vendor Requirements

2.4.1 The Vendor shall ensure that it has a minimum of five (5) years’ experience in the provision of training and selling nationally certified dual-detection canines, for both controlled substance and cell phone detection.

2.4.2 The Vendor shall maintain a current master training certification from a nationally recognized canine training or certifying organization, such as United States Police Canine Association (USPCA), National Narcotic Detector Dog Association (NNDDA), North American Police Work Dog Association (NAPWDA), AMK9, or any other nationally recognized police work dog organization, for the duration of any resultant Contract.

2.4.3 The Vendor must have documented past verification of training and selling contraband-identifying canines to State or federal correctional facilities.

2.4.4 Due to travel, the Vendor must have a physical location in the State of Florida or within 300 miles of Florida.

2.4.5 The Vendor must provide 80 hours of canine-handler training, which is to be included in the unit cost per canine, at the time of screening and selection. This training includes initial canine odor imprint of the identified controlled substances to include stamina, play drive, and social skills, as well as leash control, recognizing the canine’s working behavior, and various other related training techniques that will successfully make the pair a working canine-handler team at the end of the training.

2.4.6 The Vendor must provide a nationally recognized handler certification, which documents that the canine-handler team has shown proficiency and successfully passed testing in the detection of controlled substances, in which they have been trained to detect.

2.4.7 The Vendor must submit the required Florida Preference letter, if applicable, with its proposal, as outlined in Section 3.27.

2.5 Canine Requirements

2.5.1 All canines will be selected from a German Shepherd-type or retriever-type breed.

Canines do not have to be purebred. All canines should be dual-purpose narcotics and cell phone detection trained. No aggression-trained dogs will be accepted into the Department’s canine unit.

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2.5.2 All canines presented for screening and selection should be between one (1) and two (2) years of age.

2.5.3 Prior to being selected for purchase under the resulting Contract, the canines will be evaluated for workability, based on:

a) Retrieving ability;

b) Play drive;

c) Prey drive;

d) Age;

e) Stamina; and

f) Stability.

2.5.4 All selected canines must have current health records, including shots, x-rays, and birth certificates, if applicable.

2.5.5 All selected canines must carry with them a one (1) year workability guarantee. A canine is considered to be non-workable if it shuts down and no longer has the drive to seek out the odors for which it has been trained to detect, or if after numerous attempts, the non-workable issues have not been corrected. If there are workability issues with a selected canine, the Department will contact the Vendor in writing to resolve the issue. The Vendor will travel to the canine’s location within one (1) week in order to attempt to resolve the issue, within the one (1) year workability guarantee time frame, at the Vendor’s expense. If the Department is not satisfied with the corrective results, the Vendor will replace the canine with a newly selected canine, at no additional expense to the Department.

2.5.6 All selected canines must carry with them a two (2) year health guarantee. This shall include coverage of congenital health defects including hip problems, eye problems, and major internal organ problems not discovered by the time of purchase. If a canine has a health defect within the two (2) years, the Vendor will replace the canine with a newly selected canine, at no additional expense to the Department.

2.5.7 Upon request for purchase, at least six (6) canines must be available for the Department to screen for selection, as specified in Section 1.6, Initial Purchase, to purchase one (1) canine. The Department reserves the right to screen multiple canines at one time, up to six (6) canines maximum, for any initial screen.

2.5.8 A new collar and leash must be provided by the Vendor, at the time of screening and selection, for all selected canines.

2.5.9 Canines shall be available for selection within two (2) weeks from the date of request for purchase.

2.6 Vendor Staff Requirements

2.6.1. The Vendor shall ensure that all trainers it employs possess current handler and trainer certification for the duration of any resultant Contract. This certifies that the trainer has shown proficiency and successfully passed testing required indicating he/she can successfully train a canine-handler team from start to finish.

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2.6.2 The Vendor’s staff shall liaise with, and maintain a good working relationship with, Department staff, and other Vendors working with the Department.

2.7 Value-Added Services

Value-added services are services that the Vendor offers, for no additional cost to the Department, as part of the resulting Contract, and which clearly exceed the minimum requirements of this RFP.

Any value-added services offered by the Vendor, if accepted by the Department, may become requirements, and be a part of the minimum specifications contained in the resulting Contract.

Proposals shall include a detailed description of any value-added services the Vendor is offering the Department. These would be in addition to those minimum requirements and specifications of this RFP.

2.8 Delivery

The Department will take possession of each selected canine in-person at the end of the 80-hour canine-handler training, which is to be included in the Unit Cost per canine.

2.9 Records and Documentation

To the extent that information is utilized in the performance of the resulting Contract or generated as a result of it, and to the extent that information meets the definition of “public record,” as defined in Section 119.011(1), F.S., said information is recognized by the parties to be a public record and, absent a provision of law or administrative rule or regulation requiring otherwise, shall be made available for inspection and copying by any person upon request as provided in Chapter 119, F.S. The Vendor agrees to: (a) keep and maintain public records required by the Department in order to perform the service;

(b) upon request from the Department’s custodian of public records, 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, F.S., or as otherwise provided by law; (c) 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; and (d) upon completion of the Contract, 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 all 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 public records, in a format that is compatible with the information technology systems of the Department. Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this RFP shall be retained by the Vendor for a period of five (5) years after the termination of the resulting Contract or longer as may be required by any renewal or extension of the Contract. Pursuant to Section 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Vendor to

Page 12 of 41 FDC RFP-18-036 allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with the Contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and either Section 119.07(1), F.S. or Section 119.071, F.S.

The Vendor further agrees to hold the Department harmless from any claim or damage including reasonable attorney’s fees and costs or from any fine or penalty imposed as a result of failure to comply with the public records law or an improper disclosure of confidential information and promises to defend the Department against the same at its expense.

2.10 Financial Specifications

2.10.1 Funding Source

This project is funded by General Revenue and is contingent upon annual appropriation by the Legislature.

2.10.2 Invoicing and Payment of Invoice

The resultant Contract will be at a fixed-rate per canine, inclusive of all fees and training. The Department will compensate the Vendor, as specified in Attachment I, Cost Proposal Sheet. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Department requires a single invoice for each Purchase Order under which canines were provided. The Vendor must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/FEIN, Contract number, if applicable, and dates of service.

2.11 Vendor Ombudsman

A Vendor Ombudsman has been established within the Florida 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 by calling the Florida Department of Financial Services at (850) 413-5516, or toll-free at 1-800-342-2762.

2.12 Modification after Contract Execution

During the term of the Contract, the Department may unilaterally require changes (altering, adding to, or deducting from the specifications) provided such changes are within the general scope of this solicitation.

The Vendor may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department.

The Department shall provide written notice to the Vendor 30 days in advance of any Department-required changes to the technical specifications, and/or scope of service, which affect the Vendor’s ability to provide the service as specified herein. Any changes, other than purely administrative changes, will require a written change order or formal Contract amendment.

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Section 3.0 – PROCUREMENT RULES AND INFORMATION

3.1 INSTRUCTIONS TO RESPONDENTS (PUR 1001)

The General Instructions to Respondents are outlined in form PUR 1001 which is a downloadable document incorporated in this RFP by reference. Any terms and conditions set forth within this RFP document shall supersede any and all conflicting terms and conditions set forth within form PUR 1001. There is no need to return this document with the response.

The PUR 1001 is available at: http://dms.myflorida.com/content/download/2934/11780.

3.2 Vendor Inquiries

Questions related to this RFP must be received, in writing via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline. The VBS is located at http://vbs.dms.state.fl.us/vbs/main_menu.

Procurement Officer Contact Information Nicole Branch, Procurement Officer Bureau of Procurement Florida Department of Corrections 501 South Calhoun Street Tallahassee, FL 32399-2500 Email: purchasing@fdc.myflorida.com

Between the release of the solicitation, and the end of the seventy-two (72) hour period following posting of notice of intention to award (the seventy-two (72) hour period excludes Saturdays, Sundays, and State holidays), Vendors responding to this solicitation, or persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response per Section 287.057(23), F. S.

Any person requiring special accommodation in responding to this solicitation, because of a disability, should call the Bureau of Procurement at (850) 717-3700, at least five (5) days prior to any pre-solicitation conference, solicitation opening or meeting. If you are hearing or speech impaired, please contact the Bureau of Procurement by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD).

3.3 Cost of Proposal Preparation

Neither the Department, nor the State of Florida, is liable for any costs incurred by a Vendor in response to this RFP.

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3.4 Identical Tie Proposals

When evaluating Vendor responses to this RFP, where there is identical pricing or scoring from multiple Vendors, the Department shall determine the order of award in accordance with Rule 60A-1.011, F.A.C.

3.5 Instructions for Proposal Submittal

Each Proposal response shall be prepared simply and economically, providing a straightforward, concise delineation of the Vendor’s capabilities to satisfy the requirements of this RFP. Elaborate bindings, colored displays, and promotional material are not desired. Emphasis in each Proposal must be on completeness and clarity of content. In order to expedite the review of the Proposals, it is essential that Vendors follow the format and instructions.

• Proposals may be sent by U.S. Mail, Courier, Overnight, or Hand Delivered to the location indicated in the Timeline;

• Electronic submission of Proposals will not be accepted;

• Proposals must be delivered on or before the Opening Date, as stipulated in the

Timeline. The Department’s clocks will provide the official time for Proposal receipt and opening;

• All Proposals must be submitted in a sealed envelope/package with the relevant solicitation number and the date and time of the proposal opening shall be clearly marked on the outside of the envelope/package;

• Late Proposals will not be accepted;

• The completed Cost Proposal Sheet must be sealed in a separate envelope, but may be included in the package with the Proposal;

• Submit one (1) signed original Proposal, and three (3) hard copies, and four (4) electronic copies, in searchable PDF format on CD or DVDs. The electronic copies should contain the entire Proposal as submitted, including all supporting and signed documents. If the Vendor submits a redacted copy of the Proposal, as outlined in Section 3.21, the Vendor must submit one (1) redacted hard copy and one (1) electronic copy of their redacted Proposal in PDF format, on CD or DVD. The submitted CD/DVDs should not be “password protected.”

• A Florida Preference letter must be submitted with the Proposal, if applicable, as outlined in Section 3.27.

3.6 Project Proposal Format and Contents

This section prescribes the format in which Proposals are to be submitted. There is no intent to limit the content of the Proposal. Additional information deemed appropriate by the Vendor may be included, but should be placed within the relevant section. Additional tabs beyond those designated in this section will not be evaluated. The following paragraphs contain instructions that describe the required format for Proposals.

Proposals should be limited to a page size of 8.5” x 11”. Fold out pages may be used, where appropriate, but should not exceed five percent (5%) of the total number of pages of the entire Proposal.