Disaster Recovery RFP Round 2.docx

Request for Proposal

Disaster Recovery and Remediation Services/Debris Monitoring

Proposals Due: September 12, 2023 No later than 3:00 p.m. CT

RFP #24-03

INFORMATION SHEET

Florida Buy State Cooperative Purchasing anticipates proceeding in a manner consistent with the following timetable. The timetable is subject to change at Florida Buy State Cooperative Purchasing’s sole discretion.

Last Day for Questions September 1, 2023

Presentations to Evaluation Committee

Award information will be made available to school districts and municipalities as soon as possible after the review, evaluation, and award via the Florida Buy State Cooperative Purchasing web page at www.floridabuy.org.

Solicitation Acknowledgement (REQUIRED)

This page must be signed and included with your submission. Failure to do so will result in immediate rejection of your submission.

The undersigned hereby certifies that the response included herein is made without prior understanding, agreement, or connection with any person or business entity submitting a response for the same goods or services and is in all respects fair and without collusion or fraud.

The undersigned understands and agrees that by submitting a response that the entirety of the response is subject to Florida Statue 119 and will be considered a public record upon solicitation award or recommendation to award subject to the following exemptions: Confidential information shall include only information that is made exempt from disclosure by Florida Statute. Should the bidder/proposer believe any information submitted is protected from disclosure under Florida’s public records law, the bidder/proposer must provide evidence of a statutory exemption under Florida law that is satisfactory to the College or obtain a protective order. All items of Confidential information must be labeled in writing as such when delivered to the recipient. (Any item marked “Confidential” that is not accompanied by sufficient evidence of statutory exemption or a protective order shall be considered a public record and by signing below the bidder/proposer hereby agrees to this provision.)

The undersigned understands and agrees that any vendor-suggested changes and inquiries regarding this solicitation were due by the date shown on the solicitation information sheet (page 2), and that any vendor- required changes to the terms and conditions not already approved in an addendum issued by the College prior to the solicitation due date will likely be rejected and may (in the College’s complete discretion) result in the rejection of the entire submission.

The undersigned agrees to abide by all conditions of this invitation and certifies that he or she is authorized to sign this submission for the business entity indicated below.

Bidder/Proposer Business Name

Business Address

Printed Name & Title of Authorized Signatory

Signature of Authorized Signatory (Please Sign & Date)

REQUEST FOR PROPOSAL

Disaster Recovery and Remediation Services/Debris Monitoring Florida Buy State Cooperative Purchasing

RFP #24-03

RFP closing date – September 12, 2023 @ 3:00PM CT

Florida Buy State Cooperative Purchasing on behalf of PAEC Risk Management is accepting sealed proposals to provide Disaster Recovery Remediation Services/Debris Monitoring. The intent of this RFP is to establish both indefinite quantity Disaster Recovery and Remediation Services contract(s) AND indefinite quantity Debris Monitoring Services (monitor debris removal operations and document eligible debris quantities as required by the processes and procedures herein) contract(s) in accordance with FEMA requirements for use by the Consortium Member Districts on an ‘as needed’ basis resulting from catastrophic events and declared emergencies and including such disasters such as tornadoes and hurricanes.

Proposers may submit for either Disaster Recovery and Remediation Services OR Debris Monitoring Services OR both. Each category will be scored separately. No preference will be given to vendors that can perform only one of the two requested services or those that can perform both services.

Each K-12 District that chooses to participate in the award(s) will execute its own contract(s) with the awarded vendor(s) based on this solicitation.

Failure to meet the following requirements will invalidate the RFP submission

Deadline for Proposals: One (1) original, three (3) copies and one electronic copy (flash drive) must be received by September 12, 2023, by 3:00PM CT. RFPs will be opened as soon as possible following the deadline at Florida Buy State Cooperative Purchasing in Chipley, Florida. RFPs may be hand-delivered, mailed, or delivered by commercial means to the address below in a sealed envelope marked “Sealed RFP for Disaster Recovery and Remediation Services/Debris Monitoring RFP #24-03” attn. Mickey Hudson and Tori Baxley”.

RFPs will be accepted up to but no later than the time indicated on the RFP. All proposals received after the time stated in the RFP will not be considered and will be returned to the Respondent unopened. The Respondent assumes the risk of any delay in the U.S. Mail or any other commercial carriers. The Respondent assumes responsibility for having the RFP deposited on time at the place specified. The official clock for determining the time shall be that utilized by PAEC at the place the RFP is received.

This solicitation requires vendors to further elaborate on what they are offering in a presentation to the Consortium or simply to answer evaluation committee questions. The expected presentation days and times will be listed on the Solicitation Information Sheet (if known). Any documents handed out by the proposer may be considered part of the proposer’s response or rely at the discretion of the Consortium. If any document or any other aspect of the presentation conflicts with the proposer’s original response, the Consortium may opt to use either the prior response or the presentation response as the Consortium deems most favorable.

All Questions concerning this RFP shall be directed to BOTH:

No telephone correspondence is permitted.

IMPORTANT: Proposals must be typed utilizing TIMES NEW ROMAN, 12-Point Fonts. Handwritten proposals will NOT be evaluated.

Table of Contents

Section 1 – Background and Project Overview

Section 2 – Federal Contract Required Clauses, Definitions, and other FEMA Special Terms and Conditions

Section 3 – Definition of Terms

Section 4 – Terms and Conditions

Section 5 – Vendor Profile and Experience Requirements

Section 6 – Scope/Statement of Work

Section 7 – Specifications

Section 8 – General Conditions – Independent Price Determination

Section 9 – Additional Terms and Conditions

Section 10 – Warranty

Section 11 – Pricing – Disaster Recovery and Remediation

Section 12 – Pricing – Debris Monitoring

Section 13 – Agreement to Participate in the Florida Buy State Cooperative Purchasing Program

Section 14 – Method of Evaluation and Selection

Section 15 – Florida Buy State Cooperative Purchasing Rights to Withdraw

Section 16 – Additional Information

Section 17 – Proposal Format/Evaluation Criteria

Section 18 – Cancellation for Non-Performance or Contractor Deficiency/Standard Cancellation

Attachments

Attachment 1 - Proposal Checklist Attachment 2 - Quality Requirement Form

Attachment 3 - Reference Sheet

Attachment 4 - Florida Buy State Cooperative Purchasing Membership Acknowledgement Form

Attachment 5 - Pricing Sheet

Attachment 6 - Questionnaire

Attachment 7 - Contract Offer and Award Letter Attachment 8 – Interlocal Agreement Attachment 9a & 9b - Evaluation Matrix Attachment 10 - Affidavit of Non-Collusion Attachment 11 – EDGAR/FEMA Forms Attachment 12 - Deviations from Section 7 (Specifications) Attachment 13 – Company Information Sheet

Section 1 – Background and Project Overview

A. The Panhandle Area Educational Consortium (PAEC) is an organization created by Florida statutes to serve the small, rural school districts in the Florida Panhandle. The Consortium is governed by the 14 school superintendents in Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Liberty, Madison, Taylor, Wakulla, Walton, Washington, and FAMU Developmental Research School. The Washington County Florida School District is the fiscal agent for the consortium. The consortium works with the districts on several initiatives including purchasing and does so through the Florida Buy State Cooperative Purchasing program. The program was created exclusively to serve the needs of member and participating school districts which include all 67 school districts in Florida as well as all public, private, and charter schools. The services and commodities awarded through the program are also made available to public colleges, universities, cities, counties, state agencies, non-profit organizations as well as other eligible entities in other states.

B. In 2016, the Florida Legislature recognized the authority of “Cooperative State Purchasing Programs managed through Regional Consortium Service Organizations” (RCSO) to serve as an option for the purchase of “commodities and contractual services” for district school boards and the Florida College System. This new law, F.S. 1010.04 (1) (b) requires such institutions “to review pricing through state term contracts” or RCSO. Of the three RCSO’s in Florida, FLORIDA BUY STATE COOPERATIVE PURCHASING is the only such program offering a state-wide purchasing option.

C. The North East Florida Educational Consortium (NEFEC), which consists of the school districts in Baker, Bradford, Columbia, Dixie, Flagler, Gilchrist, Hamilton, Lafayette, Levy, Nassau, Putnam, Suwannee, Union, P.K. Yonge DRS, and the Florida School for the Deaf and Blind, and Heartland Educational Consortium (HEC), which consists of the school districts in DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee, partner with the Florida Buy program to extend the discounted products and services to schools, school districts, and other eligible entities in their regional educational consortiums.

D. It is the intention of the Florida Buy State Cooperative Purchasing program to establish a contract available for school districts, cities, counties, all other public sector agencies, and non-profit organizations for Disaster Recovery Remediation Services/Debris Monitoring. The intent of this RFP is to establish both indefinite quantity Disaster Recovery and Remediation Services contract(s) AND indefinite quantity Debris Monitoring Services (monitor debris removal operations and document eligible debris quantities as required by the processes and procedures herein) contract(s) in accordance with FEMA requirements for use by the Consortium Member Districts on an ‘as needed’ basis resulting from catastrophic events and declared emergencies and including such disasters such as tornadoes and hurricanes.

E. The objective is to achieve cost savings through a single competitive solicitation for use by all eligible entities that eliminates the need for multiple proposals while combining the purchasing power of multiple sources and reducing the administrative costs to both vendor partners and eligible buyers.

F. The solicitation and subsequent award/s represent unique opportunities for significant market growth for awardees given the desire for schools and other eligible entities to expeditiously make purchases at discounted prices through a competitively awarded contract and managed through a Florida based, state authorized cooperative purchasing program with a core mission to provide shared services to schools and other eligible entities.

G. Components of the Disaster Recovery Remediation Services/Debris Monitoring solicitation would include, but not be limited to:

· Description or methods of Disaster Recovery Remediation Services/Debris Monitoring.

· Pricing reflecting a percentage discount from published list pricing.

· References to attest to the quality and cost of work performed from previous projects.

· Customer service elements that include but not limited to warranty, conflict resolution with customers, and quality controls.

H. It is required that these services be performed on an objective basis, and without conflict of interest.

Consortium Risk Management Member Districts

Blountstown, FL 32424

Eastpoint, FL 32328

Port St. Joe, FL 32456

Bonifay, FL 32425

Marianna, FL 32447

Monticello, FL 32344

Bristol, FL 32321

Crawfordville, FL 32326

DeFuniak Springs, FL 32433

Chipley, FL 32428

Section 2 – Federal Contract Required Clauses, Definitions and other FEMA Special Terms and Conditions

A. RECORDS

1. All responses become the property of PAEC and will be a matter of public record subject to the provisions of Chapter 119, Florida Statutes.

2. PUBLIC RECORDS LAW: The bidder/proposer agrees to allow PAEC and the public access to any documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, made or received by the bidder/proposer in conjunction with any submission or agreement resulting from this solicitation. Refusal to comply with this provision shall constitute sufficient cause for termination of any agreement resulting from this solicitation. All written records received by PAEC in connection with the transaction of official business, including information contained in any responses to this solicitation may be deemed public records and are subject to the provisions of Ch. 119, Florida Statutes. In addition, if federal funds are used in this procurement, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions.

3. AUDIT RECORDS: The Contractor agrees to maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the College under any agreement resulting from this solicitation, and agrees to provide a financial and compliance audit to the College or to the Office of the Auditor General and to ensure that all related party transactions are disclosed to the auditor. The Contractor agrees to include all record-keeping requirements on all subcontracts and assignments related to any agreement resulting from this solicitation.

4. RETENTION OF RECORDS: The Contractor agrees to retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to any agreement resulting from this solicitation for a period of five (5) years. The Contractor shall maintain complete and accurate record keeping and documentation as required by the College and the terms of any agreement resulting from this solicitation. Copies of all records and documents shall be made available to the College upon request. All invoices and documentation must be clear and legible for audit purposes. For the duration of any agreement resulting from this solicitation, all documents must be retained by the Contractor within the State of Florida, at an address to be provided in writing to the Purchasing Director within thirty (30) days of the agreement execution. Any records not available at the time of an audit will be deemed unavailable for audit purposes. Violations will be noted and forwarded to the College’s Inspector General and/or legal counsel for review. The Contractor shall cooperate with the College to facilitate the duplication and transfer of any said records or documents during the required retention period. The Contractor shall advise the College of the location of all records pertaining to the Contract resulting from this solicitation and shall notify the College by e-mail (with proof of receipt by the Director of Purchasing) or certified mail within ten (10) days if/when the records are moved to a new location.

B. SEVERABILITY

1. The invalidity or unenforceability of any particular provision of any agreement resulting from this solicitation shall not affect the other provisions hereof and shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purposes of the agreement can still be determined and effectuated.

C. FERPA

1. In accordance with the Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g et seq., 34 CFR Part 99, and Florida Statute sections 1002.225 and 1006.52, should the Contractor be deemed to have a legitimate educational interest in accessing a student’s educational records, the Contractor and Contractor’s employees shall comply with the non-disclosure and other requirements of all applicable laws and regulations. Contractor shall not use or disclose confidential student information received from or on behalf of the College (or its students) except as permitted or required by this Agreement, as required by law, or as otherwise authorized in writing by the College. Contractor agrees not to use confidential student information for any purpose other than the purpose for which the disclosure was made.

D. FEDERAL CONTRACT REQUIRED CLAUSES AND OTHER FEMA SPECIAL TERMS AND CONDITIONS (E THROUGH 1.73)

1. The activation of any Contract resulting from this RFP may be subject to FEMA reimbursement. Therefore, the following contract clauses will be required, where applicable, pursuant to 2 C.F.R. 200.326 and 2 C.F.R. Part 200, Appendix II, and shall, where applicable, form a part of any contract resulting from this RFP:

E. DAMAGES, 2 CFR §200.326 APPENDIX II TO PART 200 (A)

1. All work to be performed under this AGREEMENT shall be timely commenced. A breach of this AGREEMENT by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public.

2. In the event of Contractor’s breach of its performance obligations, Florida Buy State Cooperative Purchasing shall have all rights and remedies against Contractor as provided by law.

F. TERMINATION RIGHTS, 2 CFR §200.326 APPENDIX 11 TO PART 200 (B)

1. Termination for Convenience: Whenever the interests of Contractor or Florida Buy State Cooperative Purchasing so require, either party may terminate the parties’ Agreement, in whole or in part, for the convenience of the party. Terminating party shall give the other party ninety (90) days prior written notice of termination (or a lesser time, if mutually agreed). In the event of a termination for convenience by COLLEGE, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination.

2. Termination for Cause: Either party may, by written notice of default to Contractor, terminate the parties’ Agreement, in whole or in part, if either party fails to satisfactorily perform any provisions of the parties’ agreement after a period of ten (10) days following receipt of a Notice of Deficiency.

G. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2CFR §200.326 APPENDIX II TO PART 200 (C) If applicable to the work and services performed by Contractor under the RFP, during the performance of any Agreement, Contractor shall comply with the Equal Employment Opportunity Clause (41 CFR 60- 1.4(b)):

1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:

· Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

3. Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

H. DAVIS BACON ACT AND COPELAND “ANTI-KCIKBACK” ACT, 2 CFR §200.326 APPENDIX II TO PART 200 (D)

1. David-Bacon Act: Applicable to construction or repair of public buildings or public works. see FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2), page 32 (FP 104-009- 2/January 2016).

2. Copeland “Anti-Kickback” Act: In contracts subject to the Davis-Bacon Act, Contractor shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that the contractor and subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Government must report all suspected or reported violations to the appropriate Federal agency.

3. If applicable to the work and services performed by Contractor under the parties’ Agreement:

· Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Agreement.

· Contractor or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontract with all these contract clauses.

A breach of the Agreement clause above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.

Note: The Davis-Bacon and Copeland Anti-Kickback requirements do not currently apply for Public Assistance Grants, such as reimbursements from FEMA for the work specified herein. Therefore, the Contractor is not required to follow these provisions currently. Contractor shall only be required to follow these provisions if the laws/rules change requiring Public Assistance Grants to follow these provisions.

I. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 2 CFR §200.326 APPENDIX II TO PART 200 (E) (40 U.S.C. 3701-3708) Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek.

b. Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (I) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (I) of this section.

c. Withholding for unpaid wages and liquidated damages. The Government shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

d. The contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs

(1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

J. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR §200.326 APPENDIX II TO PART 200 (F) If applicable to the work and services performed by Contractor under the parties’ AGREEMENT and if the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the GOVERNMENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the GOVERNMENT must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business.”

K. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT, 2 CFR §200.326 APPENDIX II TO PART 200 (G) Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Contractor shall include the foregoing requirements in each subcontract exceeding $100,000.

L. ENERGY EFFICIENCY AND CONSERVATION, 2 CFR §200.326 APPENDIX II TO PART 200 (H) If applicable to the work and services performed by Contractor under the parties’ AGREEMENT, Contractor shall comply with the mandatory standards and policies of the state regulation promulgated in accordance with the Energy Policy and Conservation Act (42 U.S.C. § 6201).

M. DEBARMENT AND SUSPENSION, 2 CFR §200.326 APPENDIX II TO PART 200 (I)

a. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.9XX) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

c. This certification is a material representation of fact relied upon by GOVERNMENT. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to GOVERNMENT, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

d. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of performance. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

N. BYRD ANTI-LOBBYING AMENDMENT, 2 CFR §200.326 APPENDIX II TO PART 200 (J)

Contractor must file with the GOVERNMENT the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. If not provided with the bid response, Contractor must complete and submit the Certification Regarding Lobbying Form.

O. PROCUREMENT OF RECOVERED MATERIALS, 2 CFR §200.326 APPENDIX II TO PART 200 (K) AND 2 CFR §200.322

1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired-

· Competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/products/htm.

P. AGREEMENTS WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 CFR §200.321) Should the Contractor subcontract any of the work under this AGREEMENT, Contractor shall take the following affirmative steps: place qualified small and minority businesses and women's business enterprises on solicitation lists; assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Q. ACCESS TO RECORDS

1. Contractor agrees to provide GOVERNMENT, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this AGREEMENT for the purposes of making audits, examinations, excerpts, and transcriptions.

2. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract

R. SEAL, LOGO, AND FLAGS

Contractor shall not use the U.S. Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags or likenesses of the U.S. Department of Homeland Security’s agency officials without specific FEMA preapproval.

S. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS

This is an acknowledgement that FEMA financial assistance may be used to fund the AGREEMENT. Contractor will comply will all federal law, regulations, executive orders, FEMA policies, procedures, and directives.

T. NO OBLIGATION BY FEDERAL GOVERNMENT

The Federal Government is not a party to this AGREEMENT and is not subject to any obligations or liabilities to GOVERNMENT, Contractor, or any other party pertaining to any matter resulting from the contract.

U. PROGRAM FRAUD AND FALSE OR FRAUDELENT STATEMENTS OR RELATED ACTS

Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract.

V. TIME AND MATERIALS

Any time and materials contract must include a ceiling price that the Bidder/Proposer exceeds at its own risk. The Bidder/Proposer also agrees for Bidder/Proposer to assert a high degree of oversight in order to obtain reasonable assurance that the Bidder/Proposer is using efficient methods and effective cost controls, and Bidder/Proposer agrees to fully cooperate with such oversight measures. 2 CFR§ 200.318(j)(1).

W. NO INVOLVEMENT IN DEVELOPMENT OF RFP SPECIFICATIONS

Bidder/Proposer acknowledges that Bidder/Proposer was not involved with developing or drafting the specifications, requirements, statement of work, invitation for bids or request for proposals for this procurement solicitation. 2 CFR §200.319(a)

X. “COST PLUS A PERCENTAGE OF COST” CONTRACTS PROHIBITED

“Cost plus a percentage of cost” or “percentage of construction cost” forms of contract are prohibited under the Federal procurement standards and are ineligible for FEMA reimbursement. 2 CFR § 200.323(d). Any portion that is submitted as a cost + percentage of cost may be scored lower in comparison to those who submit proposals without a cost + percentage of cost.

Y. BONDING REQUIREMENTS

In accordance with 2 CFR § 200.325, for construction or facility improvement contracts or subcontracts exceeding the federal Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of Santa Fe College or other Consortium member college provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:

1. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. [Note: For this RFP, no bid bond is required as this is an indefinite quantity solicitation. However, as Section 2.1 indicates bid bonds may be required of subcontractors when you solicit subcontractor services (per FEMA requirements), and performance bonds may be required of your firm or subcontractor firms depending on the scope of each service incident.]

2. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.

3. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

Proposer is required to make some basic commitments to ensure the overall success of this program. By submission of a response, offeror commits to the following:

MWBE/HUB/SBE Participation – It is SF’s goal to have MWBE/HUB/SBE participation in providing services under contracts awarded under this RFP. If Bidder/Proposer intends to employ sub-contractors in providing services/products related to this solicitation, Bidder/Proposer must make and demonstrate a good faith effort to include HUB participation under a contract. Bidder/Proposer good faith effort must include, but is not limited to, the following affirmative steps (ref. 2 CFR 200.321):

(1) Placing qualified small and minority businesses and women’s business enterprises on solicitation list.

(2) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.

(3) Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises.

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.

(5) Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Section 3 – Definition of Terms

A. PAEC (Panhandle Area Educational Consortium): A regional educational consortium legislatively created by Florida Statute and governed by the school superintendents from districts that comprise the consortium. PAEC manages many initiatives for the consortium, including the Florida Buy State Cooperative Purchasing program.

B. Florida Buy State Cooperative Purchasing: The program managed by PAEC to secure cooperative purchasing agreements on behalf of Florida schools and other eligible entities.

C. Respondent: The entity responding to this solicitation, representing an individual company or coalition of independent companies, and ultimately placed under contract with an eligible entity electing to utilize the contract.

D. RFP: A request for proposal is a document that an organization provides to announce a new project opportunity through a bidding process to interested parties and is often used when agency is seeking solutions for needed products and services.

E. Buyer: The eligible entity choosing to utilize the contract and agreement with the Respondent.

F. Intergovernmental Cooperative Purchasing Agreement: An agreement entered by Florida Buy State Cooperative Purchasing and other eligible purchasing cooperatives or state purchasing agencies to expand the use of the awarded contract to other regions nationally and within the state of Florida.

G. Awardee: Respondent/s selected by the evaluation committee to be awarded a contract based on the responses provided in the RFP.

H. Published List Price: The current pricing advertised or offered by the Respondent to general customers.

I. Performance and Payment Bond: As required by state or local law, Respondent shall, at the receipt of a Buyer purchase order, furnish the Buyer on whose behalf the purchase order is issued, a corporate surety bond in the full amount of the purchase order for the faithful performance of the contract, as conditioned below. The surety must be authorized to do business in the State of Florida and be satisfactory to Buyer. Each bond shall be in the form required by the State of Florida.

Section 4 – Terms and Conditions A. Delivery Date: Responses must be delivered no later than 3:00 p.m. Central Time on September 12, 2023. The Respondent(s) will provide an electronic (digital) copy, one (1) original, and three (3) copies to:

Address: Panhandle Area Educational Consortium 753 West Blvd

B. Mailing of Proposals: All proposals submitted in response to the solicitation must be clearly identified as listed below with the solicitation number, title, name, and address of the company responding. All packages must be clearly identified as listed below, sealed, and delivered to the Panhandle Area Educational Consortium office no later than the submittal deadline assigned for this solicitation. Proposals received after this date and time will be rejected.

From_____________________________________________________ Company Address __ City, State, Zip _____________________________________________ Solicitation Name and Number ___________

C. Questions regarding this RFP will be submitted in writing to Tori Baxley at tori.baxley@paec.org AND Mickey Hudson at mickey.hudson@paec.org. The last day for questions will be no later than 3:00 PM CT, on September 1, 2023. The questions along with responses will be compiled and maintained under this announcement on the Florida Buy State Cooperative Purchasing website at www.floridabuy.org.

D. Duration: The term of the agreement will be for 3 years with the option to renew for two additional 12-month terms.

E. The Respondent must provide evidence that his/her company has the financial resources and capacity to affectively perform the Scope of Work and provide the services outlined in this RFP.

F. Florida Buy State Cooperative Purchasing does not guarantee usage of this contract. Usage will depend on the actual needs or desires of eligible users of the contract and the value offered by the proposer.

G. Florida Buy State Cooperative Purchasing reserves the right to offer multiple awards under this solicitation.

Section 5 – Vendor Profile and Experience Requirements

A. Provide a cover letter and narrative outlining the specific experience and qualifications listed below:

1. Experience providing Disaster Recovery Remediation Services/Debris Monitoring to schools, governmental entities, and non-profit organizations.

2. Experience in evaluating, consulting, and providing appropriate product and service recommendations to meet customer needs and expectations.

3. Experienced staff with appropriate licensing and credentials to perform all work associated with the scope.

4. Experience in management of large-scale projects.

5. Quality requirements, or basic business requirements, are the minimum set of standards that an entity must meet and certify to be considered responsible and responsive. Complete the Quality Requirements in Attachment 2 and submit it with your completed response.

6. Provide a copy of all current licenses, registrations and certifications issued by federal, state, and local agencies, and any other licenses, registrations, or certifications from any other governmental entity with jurisdiction, allowing Respondents to perform the covered services.

B. The Respondent will provide a minimum of three references from schools, school districts, colleges, universities, cities, counties, or other eligible entities that have utilized services provided by the Respondent. Use Attachment 3 provided with this solicitation.

C. Include in the cover letter to your response a statement that you have read and understood the RFP and are able to provide the services requested. Your letter should note any exceptions and must be signed by the individual who will have overall responsibility and accountability for all services to be provided. Provide a brief description of your company and its capabilities. Complete the questionnaire in Attachment 6.

Section 6 – Scope/Statement of Work A. It is the intension of Florida Buy State Cooperative Purchasing to establish one or more contracts with highly qualified Contractors for Disaster Recovery and Remediation Services/Debris Monitoring. Contractors shall, at the request of PAEC, Florida Buy, or any PAEC member district, provide these services under the terms of this RFP and the Contract set forth in the General Terms and Conditions. Contractor must assist PAEC with deciding its individual needs.

B. Florida Buy State Cooperative Purchasing is seeking qualified, experience contractor(s) to perform Disaster Recovery Remediation Services/Debris Monitoring for natural disasters (such as fire, storms, flooding), pandemic events, vandalism, and terrorism. Respondent must have the necessary resources and capabilities to perform the required services and provide the supplies, materials, equipment, and labor to perform those services to all participating PAEC member districts necessary to:

a. Respond to request from several different types of educational, governmental, and public institutions seeking Disaster Recovery Remediation Services/Debris Monitoring.

b. Types of services may include, but are not limited to: highly skilled licensed disaster recovery service providers in the event of a manmade or natural disaster to perform, or cause to be performed, disaster recovery services including but not limited to: water extraction; climate control; bag/tag damaged contents; remove wet ceiling tiles, insulation or drywall; remove and discard spoiled food; install temporary roofing; HEPA vacuum surfaces; installation of virus control filters, and wipe and clean surfaces and carpets.

C. This RFP does not include permanent repair or re-construction services. For example, sheet rock can be removed, but not replaced; carpets can be removed, but not replaced, etc.

D. Although the primary focus of this service shall be to respond to the two categories of emergency work that are defined by the Federal Emergency Management Agency (FEMA) as having specific eligibility for reimbursement which are identified as 1) Category A – Debris Removal, and 2) Category B – Emergency Protective Measures, the firm may be requested to respond to other FEMA defined categories of emergency work or for non-declared emergency clean-up and restorative services as may be required by the member districts.

E. The contractor(s) awarded a contract must provide comprehensive strategies designed to reduce the overall risk and vulnerabilities in the wake of a disaster. The following categories of services and associated equipment are anticipated. This listing is not meant to be exhaustive.

a. Fire, Smoke, Soot, and Water damage Restoration of structure and contents

b. Water Extraction, Moisture Reading and Moisture Control (dehumidification)

c. Desiccant/refrigerant drying

d. Heating, Ventilation, Air Conditioning Decontamination, and Cleaning

e. Microbial Remediation

f. Odor Control

g. Documents, Books, & Vital Records Recovery/Restoration

h. Electronics Restoration

i. Telecommunications Recovery

j. Media Recovery

k. Clean Up and Decontamination from Domestic Terror Events

l. Project Management

m. Carpet Cleaning

n. Air Duct Cleaning

o. Tile & Grout…