CN-700000-18030.pdf

Agency Term Contract

ATC-18-030

Perimeter Security Systems

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 Cornerstone Detention Products, Inc. (Contractor).

The Contractor responded to the Department’s Request for Proposal (RFP) No. FDC RFP-18- 025, Perimeter Security Systems. The Department has accepted the Contractor’s bid, pricing, terms, and conditions, 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 services and/or 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 is for five (5) years. The initial Contract term shall begin on July 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-18-025 and all Addenda; and

b) Exhibit B: The Contractor’s pricing to FDC RFP-18-025.

(Rev. 04/09/18) 2

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

a) The Agency Term Contract;

b) Exhibit A: FDC RFP-18-025 and all Addenda; then

c) Exhibit B: Contractor’s Pricing

V. Amendments

No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties, with the exception of changes to Section VII., below. 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:

Erica Catledge, Government Operations Consultant III Office of Institutions Florida Department of Corrections 501 S. Calhoun St.

Tallahassee, FL 32399-2500 Telephone 850-717-3925 Email: erica.catledge@fdc.myflorida.com

ATC-18-030

mailto:purchasing@fdc.myflorida.com mailto:erica.catledge@fdc.myflorida.com

(Rev. 04/09/18) 3

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 Department’s Contract Manager, or designee.

All questions and customer service issues concerning this Contract shall be directed to the Contractor’s designated contact(s), above. 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’s Contract Manager, or designee, 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 under competitive procurement, upon no less than 30 calendar days’ written notice, unless a shorter period of 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 Because of 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’ written notice 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 calendar days’ written notice by the Department, the Department may terminate this Contract upon 24 hours’ written notice. The Department, at its exclusive option, shall make the determination as to whether a period of time will be provided for the Contractor to cure a breach of Contract. If egregious in nature, a breach may result in immediate termination for cause, with 24 hours’ written notice, as described in this section. Notice 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 Because 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.

(Rev. 04/09/18) 4

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, or designee, enter into written subcontract(s) for performance of certain functions under this Contract. No subcontract, in which the Contractor enters 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. All subcontractors are subject to the same background check requirements as are referenced in Exhibit A.

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. Delivery

Product(s) shall be shipped as Free on Board (FOB) to the designated destination, and arrive within the time agreed upon between the Contractor and the Department after the order is placed.

Deliveries must be made between 8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract.

(Rev. 04/09/18) 5

XIV. 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), 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

ATC-18-030

mailto:CO.PublicRecords@fdc.myflorida.com

(Rev. 04/09/18) 6

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 Contract Managers 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

ATC-18-030

B. Confidentiality

(Rev. 04/09/18) 7 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.

REQUEST FOR PROPOSALS (RFP)

FOR

PERIMETER SECURITY SYSTEMS AT FLORIDA CORRECTIONAL INSTITUTIONS

FDC RFP-18-025

RELEASED ON

November 17, 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:

Gerri Faircloth purchasing@fdc.myflorida.com

Exhibit A ATC-18-030

TABLE OF CONTENTS

FDC RFP-18-025

TIMELINE

SECTION 1.0 INTRODUCTION

1.1 Background

1.2 Statement of Purpose

1.3 Contract Term

1.4 Contract Renewal

1.5 Conflicts and Order(s) of Precedence

1.6 Definitions

SECTION 2.0 SCOPE OF SERVICES

SECTION 3.0 - PROCUREMENT RULES AND INFORMATION

3.2 Vendor Inquiries

3.3 Cost of Proposal Preparation

3.4 Identical Tie Proposals

3.5 Mandatory Responsive Requirements

3.6 Instructions for Proposal Submittal

3.7 Project Proposal Format and Contents

3.8 Response Opening

3.9 Evaluation Criteria

3.10 Disclosure of Response Contents

3.11 Basis of Award

3.12 Posting of Notice of Agency Decision

3.13 Disposal of Proposals

3.14 Rules for Withdrawal

3.15 Rejection of Proposals

3.16 Addenda

3.17 Verbal Instructions Procedure

3.18 No Prior Involvement and Conflict of Interest

3.19 State Licensing Requirements

3.20 MyFloridaMarketPlace (MFMP) Registration

3.21 Travel Expenses

3.22 Confidential, Proprietary, or Trade Secret Material

3.23 E-Verify

3.24 Vendor Substitute W-9

3.25 Scrutinized Companies

SECTION 4.0 SPECIAL CONDITIONS

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 Prison Rape Elimination Act (PREA)

4.19 Termination

4.20 Retention of Records

4.21 Indemnification

4.22 Inspector General

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ATTACHMENT I SCOPE OF SERVICES (RESTRICTED)

ATTACHMENT II COST INFORMATION SHEET

ATTACHMENT III CERTIFICATION/ATTESTATION FORM

ATTACHMENT IV BUSINESS REFERENCE FORM

ATTACHMENT V REFERENCE QUESTIONNAIRE

ATTACHMENT VI EVALUATION CRITERIA

ATTACHMENT VII CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM

ATTACHMENT VIII VENDOR'S CONTACT INFORMATION

ATTACHMENT IX NONDISCLOSURE FOR RESTRICTED INFORMATION………………………46

ATTACHMENT X SECURITY REQUIREMENTS FOR CONTRACTORS ..... ………………………47

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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TIMELINE

EVENT DUE DATE LOCATION

Release of RFP November 17, 2017 Vendor Bid System (VBS):

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

Last Day for Written Inquires to be Received by the Department

December 11, 2017 Prior to 5:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Bureau of Procurement, Gerri Faircloth purchasing@fdc.myflorida.com

Anticipated Posting of

Written Responses to

Written Inquires

January 17, 2018 Vendor Bid System (VBS):

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

Sealed Proposals Due and Opened

January 31, 2018 at 2:00 p.m., Eastern Time

Florida Department of Corrections Bureau of Procurement, Gerri Faircloth 501 South Calhoun Street Tallahassee, Florida 32399

Evaluation Team Meeting

February 9, 2018 at 2:00 p.m., Eastern Time

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

Anticipated Posting of

Recommended Award

March 5, 2018 Vendor Bid System (VBS):

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

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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ATC-18-030

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SECTION 1.0 INTRODUCTION

1.1 Background

Pursuant to Chapter 945, 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 100,000 inmates, and an operating budget of approximately $4 billion. The Department has 150 facilities statewide, including: 50 major institutions, 17 institutional annexes, 33 work camps, six (6) road prisons/forestry camps, one (1) boot camp, 21 contracted community release centers, 13 Department-run community release centers, and four (4) re-entry centers.

The Department has divided the State into four (4) regions: Region I (the Panhandle), Region II (North Florida), Region III (Central Florida) and Region IV (South Florida). A map of the regions, and corresponding facilities, can be found at http://www.dc.state.fl.us/facilities/index.html. Each major institution is supervised by a Warden, who has full responsibility for the operation of the institution and all associated satellite facilities. Each Warden reports to the Regional Director of Institutions of their assigned region.

1.2 Statement of Purpose

The Department is requesting Proposals from qualified Vendors to repair and maintain current Perimeter Security Systems and provide and install any new Perimeter Security Systems that may be purchased as a result of this RFP. The System(s) shall include, but not be limited to, Fiber Optic Microphonic Fence Protection Systems, Electronic Microwave Fence Protection Systems, Non-Lethal Fence Systems, and Shock Vibration Detection Systems (SVDS).

The Department intends to award this solicitation, and subsequently contract with one (1) Vendor per Group outlined in this RFP.

1.3 Contract Term

As a result of this RFP, the awarded Vendor will be awarded a five (5) year Agency Term Contract. Purchases may be completed through the issuance of MyFloridaMarketPlace (MFMP) Purchase Orders (PO).

1.4 Contract Renewal

The Department may renew the Contract resulting from this RFP for up to five (5) additional years, or portions thereof, in accordance with Section 287.057(13), F.S., at the same prices, terms, and conditions. If the Department makes the determination to renew the Contract resulting from this RFP, it will provide written notice to the Vendor, no later than 90 days prior to the Contract expiration date.

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ATC-18-030

http://www.dc.state.fl.us/facilities/index.html

1.5 Conflicts and Order(s) of Precedence

All Proposals are subject to the terms of the following sections 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)

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

1.6 Definitions

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

1.6.1 Agency Term Contract: A written master agreement between the Department and the awarded Vendor that is mandatory for use by the Department, under which purchase orders shall be issued.

1.6.2 Breach of Contract: A failure of the Vendor(s) to perform in accordance with the terms and conditions of the Contract resulting from this RFP.

1.6.3 Business Day: Monday through Friday from 8:00 a.m. to 5:00 p.m., Local Time, excluding weekends and State Holidays.

1.6.4 Contract: The agreement between the successful Vendor and the Department resulting from this RFP.

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

1.6.6 Corrective Action Plan (CAP): A Vendor’s written comprehensive plan to remedy deficiencies discovered in the course of Contract monitoring and/or discovered at any time during the term of the Contract.

1.6.7 Day: Calendar day, unless otherwise stated.

1.6.8 Deliverables: Those services, items and/or materials provided, prepared and delivered to the Department in the course of performance of the Contract.

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

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

1.6.11 False Alarms: False alarms are those alarms for which no cause can be immediately determined and may be an intrusion, but prove to be otherwise. In this case, it refers to those alarms generated by a properly functioning processor and attached sensor due to an internal processing error.

1.6.12 Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the Vendor to be responsive to this solicitation.

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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.

1.6.13 Material Deviations: The Department has established certain requirements with respect to Proposals submitted. The use of shall, must, or will (except to indicate the 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 sole discretion, the deficient response is not in substantial accord with the RFP’s requirements, provides an advantage to one 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.

1.6.14 Microphonic Fence Protection System: A fiber optic microphonic fence intrusion detection system that will operate as a primary protection system.

1.6.15 Microwave Fence Protection System: An electronic system that will operate as a secondary protection system designed to supplement the fiber optic Microphonic Fence Protection System.

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

1.6.17 Non-Lethal Fence System (NLEF): A System that delivers a painful, non-lethal shock on every wire when touched, and shall correspond and work in conjunction with a Microwave Fence Protection System(s).

1.6.18 Nuisance Alarms: Nuisance alarms are defined as those alarms generated by properly functioning processor and attached sensor and the cause is known or suspected (animal, windblown debris or other) and is not an intentional intrusion attempt.

1.6.19 Prison Rape Elimination Act (PREA): Where used herein, refers to Part 115 of Title 28 of the Code of Federal Regulations (C.F.R.), National Standards to Prevent, Detect, and Respond to Prison Rape, under the “Prison Rape Elimination Act of 2003.” The Act provides for analysis of the incidence and effects of prison rape in federal, state, and local institutions, and for information, resources, recommendations, and funding to protect individuals from prison rape.

1.6.20 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.

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

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1.6.22 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 Contract resulting from this RFP.

1.6.23 Shock Vibration Detection System (SVDS): A primary protection system designed to supplement the Microwave Fence Protection System, to detect shock and vibration.

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

1.6.25 Vendor, Respondent and Bidder: A legally qualified corporation, partnership or other entity submitting a response/offer to the Department pursuant to this

RFP.

SECTION 2.0 SCOPE OF SERVICES

Attachment I, Scope of Services is identified as “Restricted” and is not available for public viewing, but will be made available for interested Vendor’s for the development of a response. To obtain a copy of the restricted information, Vendor’s must email a signed copy of Attachment IX, Nondisclosure Agreement for Restricted Information, to the Procurement Officer at purchasing@fdc.myflorida.com. Once the Procurement Officer receives the signed agreement, the Department will provide the restricted information via email to the Vendor within one (1) business day. If you have trouble accessing any of the documents, please contact the Procurement Officer as soon as possible.

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.

If the Vendor is requesting an approved alternate, the alternate must be submitted during the Question and Answer period of the RFP.

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.

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ATC-18-030

mailto:purchasing@fdc.myflorida.com http://dms.myflorida.com/content/download/2934/11780

Procurement Officer Contact Information Gerri Faircloth, Procurement Officer Bureau of Procurement Florida Department of Corrections Email: purchasing@fdc.myflorida.com

Between the release of the solicitation, and the end of the 72 hour period following posting of notice of intention to award (the 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, 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).

Interested parties are encouraged to carefully review all the materials contained herein and prepare Proposals accordingly.

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.

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 Mandatory Responsive Requirements

The following terms, conditions, or requirements must be met by the Vendor to be considered responsive to this RFP. These responsiveness requirements are mandatory.

Failure to meet these responsiveness requirements will cause the Proposal to be deemed non-responsive. Copies of non-responsive Proposals will be retained in the RFP file.

3.5.1 It is mandatory that the Proposal is received by the Department by the date and time specified in the Timeline.

3.5.2 It is mandatory that the Vendor sign, have certified by a notary public, and return the Certification/Attestation Page, Attachment II. It should be inserted under Tab A of the Proposal.

3.5.3 It is mandatory that the Vendor complete, sign, and submit the Cost Information Sheet, Attachment I. It should be inserted in a separate envelope, and sealed separately.

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ATC-18-030

3.5.4 It is mandatory that the Vendor complete Attachment VII, Vendor’s Contract Information, and insert it under Tab A of the Proposal.

3.5.5 A letter of certification from the manufacturer shall be provided to the Department for each type of equipment and for the type of installation.

3.6 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 and Time, 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 Information Sheet must be sealed in a separate envelope, but may be included in the package with the Proposal; and

• Vendors shall submit one (1) signed original Technical Proposal, five (5) hard copies, and six (6) electronic copies, in a 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 3.23, the Vendor must submit one (1) redacted hard copy and one (1) electronic copy of their redacted Proposal in a searchable PDF format, on CD or DVD. The submitted CD/DVDs should not be “password protected.”

3.7 Project Proposal Format and Contents

This section prescribes the format in which the 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 eight and one-half by eleven inches (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. All pages should be sequentially numbered. It is recognized that existing financial reports, documents, or brochures, may not comply with the prescribed format. They will be acceptable in current form and need not be reformatted.

All Proposals should contain the sections outlined below. Those sections are called “Tabs.” A “Tab,” as used here, is a section separator, offset and labeled, such that the Evaluation Team can easily turn to “Tabbed” sections during the evaluation process.

Page 10 of 49 FDC RFP-18-025

3.7.1 Tab A – Executive Summary

The Proposal should include an Executive Summary (narrative) of the Vendor’s method of delivering the required services, in compliance with the minimum requirements and Scope of Services outlined in the RFP. The synopsis should contain sufficient detail addressing all elements of the required service delivery and should be prepared in such a manner that will clearly indicate the Vendor’s understanding of, and intent to comply with, the requirements set forth in the RFP.

The Executive Summary shall be signed by a representative of the Vendor authorized to bind the corporate entity submitting the Proposal and should be inserted under Tab A of the Proposal. The Executive Summary should also contain information addressing each of the following requirements:

3.7.1.1 Business/Corporate Background

The following corporate details for the Vendor and each Subcontractor, if applicable, should be provided.

a. Date established;

b. Ownership (public company, partnership, subsidiary, etc.);

c. Federal tax identification number (FEIN);

d. Primary type of business and the number of years conducting primary business;

e. Total number of employees; and

f. National accreditations, memberships in professional associations, or other similar credentials.

3.7.1.2 Proof that the Vendor is registered to do business in Florida, evidenced by Articles of Incorporation or Fictitious Name Registration or Business License and, if applicable, a copy of the most recent Certification of Good Standing. This information may be obtained from the Florida Secretary of State’s Office.

3.7.1.3 A statement disclosing the name of any officer, director, employee or other agent who is also an employee of the State and the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Vendor or its affiliates, including parent corporations.

If no officer, director, employee or other agent of the Vendor is also an employee of the State or no State employee owns a five percent (5%) interest in the Vendor or its’ affiliates or parent corporation, a statement to that effect, as applicable, should be provided.

3.7.1.4 A statement from any proposed subcontractor acknowledging acceptance of, and intent to be bound by the Contract terms to be included in the Department’s Contract should the Vendor be awarded any Contract resulting from this RFP. The statement shall bear an original

Page 11 of 49 FDC RFP-18-025 signature from a person authorized to legally bind the subcontractor. The proposed subcontractor shall also be licensed in the State of Florida.

3.7.1.5 A statement certifying that the Vendor has no interest, and shall not acquire any interest which will conflict with their performance of the services required under this RFP.

3.7.1.6 The Vendor shall also identify all entities of or related to the Vendor (including parent company and subsidiaries of the parent company;

divisions or subdivisions of parent company or of Vendor), that have ever been convicted of fraud or of deceit or unlawful business dealings whether related to the services contemplated by this RFP or not, or entered into any type of settlement agreement concerning a business practice, including services contemplated by this RFP, in response to a civil or criminal action, or have been the subject of any complaint, action, investigation or suit involving any other type of dealings contrary to federal, state, or other regulatory agency regulations. The Vendor shall identify the amount of any payments made as part of any settlement agreement, consent order, or conviction. If there have been none, a statement should be provided to this effect.

3.7.1.7 A completed Attachment VIII, Vendor Contact Information.

3.7.1.8 A signed and certified Attachment III, Certification/Attestation Form, as required in Section 3.18.

3.7.2 Tab B - Business/Corporate Experience and Qualifications

The Proposal shall include a summary of the Vendor’s experience and qualifications that are relevant to projects of similar size and scope. The summary shall include the quantity of qualified installation and service technicians, the extent the Vendor demonstrates the ability to provide timely response and service regarding installation, maintenance, or supply parts, and the experience working in or with correctional facilities. The Business Reference Form, Attachment III, shall be included as part of this section.

3.7.3 Tab C – Technical Specifications

Technical specifications shall include a description of the Vendor’s system(s) or equipment that meet or exceed the needs of the project. The system(s) and equipment shall have been utilized and tested in a correctional environment for a minimum of five (5) years, and have the understanding of the overall security requirements in the correctional environment.

3.7.4 Tab D – Cost Information Sheet

Cost Information Sheet, Attachment I, should be submitted with the most favorable terms the Vendor can offer. Where applicable, provide the percentage discount available to the Department. The Department may reject any and all Proposals that are conditional, incomplete, or which contain irregularities, as these will be deemed a counteroffer.

By submitting an offer under this RFP, each Vendor warrants its agreement to the

Page 12 of 49 FDC RFP-18-025 prices submitted. Any qualifications, counter offers, deviations, or challenges may render the entire Proposal non-responsive.

The Cost Information Sheet should identify the name of the Vendor, and date of submission, and shall bear the signature of a Business/Corporate Representative authorized to bind the Vendor to the prices submitted. The Cost Information Sheet should be sealed separately, but should be able to be easily inserted into Tab D upon the Cost Reply opening.

All calculations will be verified for accuracy by the Department’s Bureau of Procurement staff. In the event a mathematical error is identified, unit prices submitted by the Vendor will prevail.

3.8 Response Opening

Proposals are due, and will be publicly opened, at the time, date and location specified in the Timeline. Responses received late (after opening date and time) will not be accepted or considered and no modification by the Vendor of the submittal will be allowed, unless the Department has made a request for additional information. No Department staff will be held responsible for the inadvertent opening of a Proposal not properly sealed, addressed or identified. The name of all Vendors submitting Proposals will be made available to interested parties, after the Proposal opening, upon written request to the Procurement Officer.

3.9 Evaluation Criteria

In order to assist the Vendor in the development of their Proposal and to facilitate Proposal review, and evaluation by the Department, the Vendor should provide the Section Reference (in column) for the requested information located in the Evaluation Criteria (Attachment VII), which shall cross reference the contents of Vendor’s Proposal, and will be used by the Department for the review and evaluation of Proposals. The Vendor should indicate at the bottom of each sheet the Vendor’s name. The Vendor shall leave remaining fields blank for completion by evaluators.

3.9.1 Evaluation of Proposals

Following the opening, the Department will conduct a review of Mandatory Requirements/Fatal Criteria as a pass or fail. If the Proposal passes, the Proposal will then be evaluated and scored, based on the established criteria defined in Attachment V. Evaluation sheets will be used by the Evaluation Team to designate the point value assigned to each Proposal for Category 1 - Business/Corporate Experience and Qualifications, Category 2 – Technical Specifications, and Category 3 – Price.

The evaluation will involve the point scoring of each criterion in each category. The following shows the maximum number of points that may be awarded for each category:

Category 1 - Business/Corporate Experience and Qualifications – Tab B 40 points Category 2 – Technical Specifications 40 points Category 3 - Price 100 points TOTAL POSSIBLE POINTS 180 points

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3.9.1.1 Evaluators will independently score each criterion within a category.

Each Evaluator’s score for each category will be combined and averaged to determine the point value. Each Vendor’s point value for each category will then be combined, and added to the cost point value to determine final scores.

The Evaluation Criteria, Attachment V, includes the questions that have been developed for each category. A score should be assigned by the Department’s evaluators to each question as follows:

Poor: Not included in the Proposal or below minimum requirements; demonstrates insufficient understanding of the project, demonstrates poor programmatic capability, and is not clearly presented.

Adequate: Meets minimum requirements; demonstrates general understanding of the project, acceptable programmatic capability.

Good: Above minimum requirements; Vendor(s) has a good approach with above-average understanding of the project, and above average programmatic capability.

Exceptional: Exceeds minimum requirements; demonstrates superior understanding of the project, excellent and innovative programmatic capability, an outstanding approach and clarity in presentation.

3.9.1.2 The Vendor with the lowest price will receive 75 cost points and the Vendor with the highest percentage will receive 25 cost points. All other cost proposals will receive points according to the following formula:

((N/X x 75) + (A/B x 25)) = Z

Where: N = Lowest Grand Total Price received by any cost proposal, per fencing system X = Vendor’s Grand Total Price per fencing system A = Vendor’s Total Discount B = Highest Discount received by any cost proposal, per fencing system Z = Cost Point Awarded

3.10 Disclosure of Response Contents

All documentation produced as part of this RFP shall become the exclusive property of the Department and may not be removed by the Vendor or its agents. All Proposals shall become the property of the Department and shall not be returned to the Vendor. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any Proposal. Selection or rejection of a Proposal shall not affect this right.

3.11 Basis of Award

A Contract will be awarded to the responsible and responsive Vendor who receives the greatest Grand Total Points (combining technical and cost points) for each fencing manufacturer, including new fencing systems, repair parts, labor, and accessories. The Department reserves the right to award a Contract, in whole, or for part of the work provided by this Solicitation. The Department reserves the right to accept, or reject any

Page 14 of 49 FDC RFP-18-025 and all offers, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines doing so will serve the best interest of the State.

3.12 Posting of Notice of Agency Decision

The Department shall post a public notice of agency action when the Department has made a decision to award a Contract, reject all Proposals, or to cancel or withdraw the solicitation.

The Notice of Agency Decision will be posted on or about the date shown in the Timeline, and will remain posted for a period of 72 hours (Saturdays, Sundays, and State holidays shall be excluded in the computation of the 72 hour time period). Posting will be made available on the Vendor Bid System at http://vbs.dms.state.fl.us/vbs/main_menu.

3.13 Disposal of Proposals

All Proposals become the property of the State of Florida, and will be a matter of public record subject to the provisions of Chapter 119, F.S. Selection or rejection of the Proposal will not affect this right.

3.14 Rules for Withdrawal

A submission may be withdrawn by submitting a written request for its withdrawal to the Department, signed by an authorized representative of the Vendor, within 72 hours after the Proposal submission date indicated in the Timeline. Any submitted response shall remain valid for 365 days after the opening date.

3.15 Rejection of Proposals

The Department shall reject any or all Proposals containing material deviations. In determining whether a Proposal contains a material deviation or a minor irregularity, the Department will use the definitions of those terms set forth in Section 1.7.

In addition, the Department reserves the right to reject all Proposals to this RFP.

3.16 Addenda

If the Department deems it necessary to supplement, modify or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, it will be posted on the Vendor Bid System at http://vbs.dms.state.fl.us/vbs/main_menu. Interested parties are responsible for monitoring this site for new or changing information or clarifications relative to this procurement.

3.17 Verbal Instructions Procedure

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any verbal discussion with any State employee. Only written communications from the Department’s Procurement Officer may be considered a duly authorized expression on behalf of the State.