DLA 2022.03 RFP Price Gouging App-Final 12.8.22.docx

TITLE PAGE

STATE OF FLORIDA

DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

REQUEST FOR PROPOSAL

RFP DLA-2022.03

PRICE GOUGING APPLICATION

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

E-Mail Address:

Federal Employer Identification Number (FEIN):

BY AFFIXING MY SIGNATURE ON THIS REPLY, I HEREBY STATE THAT I HAVE READ THE ENTIRE RFP TERMS, CONDITIONS, PROVISIONS, SPECIFICATIONS AND ALL ITS ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 ANDPUR 1001. I hereby certify that my company, its employees, and its principals agree to abide by all the terms, conditions, provisions, and specifications during the competitive solicitation and any resulting Contract, including those contained in the Sample Contract.

Signature of Authorized Representative:

Printed (Typed) Name and Title:

*An authorized representative is an officer of the respondent’s organization who has legal authority to bind the respondent’s organization to the provisions of the Bids. This usually is the President, Chairman of the Board or owner of the entity, Document establishing delegated authority must be included with the reply if signed by other than authorized representative.

Table of Contents

ATTACHMENT C – STATEMENT OF NON-COLLUSION

ATTACHMENT D – DRUG FREE WORKPLACE CERTIFICATION

ATTACHMENT E – APPLICATION, DATA SECURITY AND CONFIDENTIALITY

SECTION 1 PURPOSE AND GENERAL INFORMATION

1.1 Purpose

The purpose of this Request for Proposal (RFP) is to seek competitive, responsive proposals and pricing on the behalf of the State of Florida, Department of Legal Affairs, Office of the Attorney General, hereafter referred to as the OAG, for the provision of a Price Gouging App.

1.2 Definitions

1.3 PUR 1001 – General Instructions to Respondents

The state of Florida General Instructions to Proposers (PUR 1001, https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf) is hereby referenced and incorporated in its entirety into this RFP. This is a downloadable document at the hyperlink above. Please download and save this document to your computer for further review. Respondents to the solicitation are encouraged to carefully review all materials contained herein and prepare their proposals accordingly. There is no need to return the PUR 1001 back to the OAG. To the extent any terms contained in this RFP conflict with the terms of the PUR 1001, this RFP controls.

1.4 Procurement Officer and Restriction on Communications

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Proposal. Section 287.057(23), Florida Statutes.

The below named Procurement Officer is the sole point of contact of the OAG pursuant to section 287.057(23), Florida Statutes.

Requests for clarification should be identified by placing this RFP DLA-2022.03 number in the subject line of all emails and directed to the Procurement Officer for this RFP who is:

Amy Marshall Bureau of General Services Office of the Attorney General State of Florida, Department of Legal Affairs 107 West Gaines Street, Collins Building Tallahassee, FL 32301 Telephone: (850) 414-3415 Email: Amy.Marshall@myfloridalegal.com

1.5 Schedule of Events

The following time schedule will be strictly adhered to in all actions relative to the RFP, unless modified by the OAG by addendum to this RFP and posted on the VIP. No liability to the OAG will result from such deviations. All required Respondent actions must be completed by the date and time in the schedule.

Amy Marshall Email: Amy.Marshall@myfloridalegal.com December 14, 2022

Bureau of General Services, Purchasing Collins Building 107 W. Gaines Street Tallahassee, Florida, 32301

Proposals should be addressed to the Procurement Officer, Amy Marshall, as specified in Section 1.4.

January 5, 2023 2:00 p.m.

Collins Building Room 226 107 W. Gaines Street Tallahassee, Florida, 32301 Time of Opening: 2:30 p.m.

The public may attend the opening but may not review any Proposals at that time in accordance with section 119.07(1)(2), Florida Statutes. Only the names of Respondents and the names of any firms submitting “no response” will be read aloud.

January 5, 2023 2:30 p.m.

Collins Building Room 226 107 W. Gaines Street Tallahassee, Florida, 32301

The public may attend the opening but may not review any Price Proposals at that time in accordance with section 119.07(1)(2), Florida Statutes. Only the names of Respondents and the names of any firms submitting “no response” will be read aloud.

January 26, 2023 2:00 p.m.

Anticipated Contract Start Date

February 14, 2023

All Respondents are hereby notified that the meetings noted with an asterisk above (*) are public meetings open to the public and may be electronically recorded by any member of the audience. Although the public is invited, no comments or questions will be taken from either the Respondents or other members of the public.

1.6 Questions

This provision takes precedence of General Instruction #5 in PUR 1001.

All questions regarding the content of this RFP must be received in writing by email to the Procurement Officer identified in Section 1.4, above, within the time indicated in Section l.5, Schedule of Events. Verbal questions or those submitted after the date specified in the Schedule of Events will not be addressed.

Answers to questions submitted in accordance with the RFP Schedule of Events will be posted on the VIP. Respondents are asked to use the following format when submitting questions:

VENDOR NAME

RFP DLA-2022.03

1.7 Accessibility for Disabled Persons

If a special accommodation is needed, please advise no later than five working days prior to the event for which the accommodation may be needed. Contact the Procurement Officer named in Section 1.4 of the RFP.

SECTION 2 SPECIAL CONDITIONS

2.1 Responsive and Responsible (Mandatory Requirements)

Respondents must complete and submit the following mandatory information or documentation as part of its Proposal. Any Proposal which does not meet these requirements or contain this information will be deemed non-responsive.

1. The Proposal must be received at the location, date and time specified in Section 1.5, Schedule of Events.

2. The Title Page must be completed, signed, and returned with the Proposal.

2.2 Costs of Developing and Submitting Proposal and Ownership Neither the OAG nor the state of Florida is liable for any of the costs incurred by a Respondent in preparing and submitting a Proposal. All Proposals become the property of the OAG upon receipt and will not be returned to the Respondents once received. The OAG will have the right to use any ideas or adaptations of ideas contained in any Proposals received in response to this RFP. Selection or rejection of the Proposal will not affect this right.

2.3 Addendums

All addenda to this RFP will be posted on the VIP with an Addendum Acknowledgement Form. The Addendum Acknowledgement Form, issued with each posting, must be signed by an individual authorized to bind the Respondent, dated and included in the Respondent’s Proposal. It is the vendor’s responsibility to monitor the VIP for any solicitation notifications and addendums.

2.4 Legal Requirements

Applicable provisions of all federal, state, county, and local laws and administrative procedures, regulations, or rules will govern the development, submittal and evaluation of all Proposals received in response to this RFP and will govern all claims and disputes which may arise between persons submitting a Proposal hereto and the OAG. Lack of knowledge of the law or applicable procedures, regulations or rules by any Respondent will not constitute a cognizable defense against their effect.

2.5 Identical Scoring of Proposals

In the event of tied scoring from two or more Respondents, the OAG will determine the order of award in accordance with the law, including giving due weight to preferences set forth in Chapter 287, Florida Statutes. Respondents may execute and return Drug Free Workplace Certification, Attachment E, to be considered in the event of identical scoring or exact tie. In the event that the application of the preferences in Chapter 287, Florida Statutes fail to resolve the identical bids, the OAG will determine the award by a means of random selection (e.g., a coin toss or drawing of numbers).

2.6 Conflict of Interest and Disclosure

Respondents must comply with the provisions of section 112.313, Florida Statutes, and disclose in their Proposals whether any officer, director, employee, or agent is also an officer or an employee of the OAG or the State of Florida. Respondents must disclose the name of any employee, agent, lobbyist, previous employee of the OAG, or other person, who has received or will receive compensation of any kind, for seeking to influence the actions of the OAG in connection with this procurement.

2.7 Taxes

The OAG is generally exempt from all federal, state, and local taxes and no such taxes will be included in the price of the Contract. The OAG will have no responsibility for the payment of taxes which become payable by Respondent or its subcontractors in performance of the Contract.

2.8 Proposal Tenure

All Proposals are binding for 180 days following the Proposal opening date.

2.9 Non-Exclusive Rights

The right to provide the commodities and services which will be granted under the Contract will not be exclusive. The OAG reserves the right to contract for and purchase commodities and services from as many firms as it deems necessary without infringing upon or terminating the Contract.

2.10 Contract

The Contract between the OAG and the Respondent will incorporate this RFP, any addenda to the RFP, and the Respondent's Proposal. In the event of a conflict in language among any of the documents referenced herein, the provisions and requirements of the Contract will control.

When the Contract term ends, if it is canceled, or terminated and a new Contract is executed with an entity other than the Respondent, the Respondent has an affirmative obligation to assist in the smooth transition of contract services to the subsequent Respondent.

2.11 Assignment of the Contract

A Contract awarded pursuant to this RFP is not assignable except with the prior written approval of the OAG. Payments due under the Contract are not assignable except with the prior written approval of the OAG, and the concurrence of the Chief Financial Officer of the State. In the event of such approval, the Contract terms and conditions will apply to and bind the party or parties to whom the Contract is assigned as fully and completely as the Respondent is hereunder bound and obligated. No assignment will operate to release the Respondent from its liability for the prompt and effective performance of its obligations under the Contract.

2.12 No Third-Party Rights

The Contract awarded pursuant to this RFP is for the benefit of the OAG, the Respondent and other state agencies and not for the benefit of any third party.

2.13 Registered to do Business

All limited liability companies, corporations, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapters 605, 607, 617, and 620, Florida Statutes, respectively, prior to Contract execution. The OAG retains the right to ask for verification of compliance before Contract execution. Failure of the selected Respondent to have appropriate registration may result in withdrawal of Contract award

SECTION 3 CONTRACT CONTENTS

3.1 Contract Terms

Respondents must become familiar with the Standard Contract, Attachment A, which contains administrative, financial, and non-programmatic terms and conditions mandated by federal and state law and, administrative code rules. The terms and conditions contained in the Standard Contract are non-negotiable.

3.2 Term of Contract

It is anticipated that the Contract will be in effect for an initial term of three years, beginning on February 1, 2023.

3.3 Renewal

The Contract may be renewed. Renewals may be made on a yearly basis for no more than three years beyond the initial contract term, or for the term of the original contract, whichever is longer. Renewals are subject to the mutual agreement of the parties, must be in writing, and are subject to the terms and conditions set forth in the initial contract as amended. Renewals are contingent upon satisfactory performance by the Respondent as determined by the OAG.

3.4 Cooperation with Inspector General

The Contractor understands its duty, pursuant to section 20.055(5) Florida Statutes, to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. The Contractor will comply with this duty and ensure that its subcontracts issued under this Contract, if any, impose this requirement in writing, on its subcontractors.

3.5 E-Verify

In accordance with section 448.095 (2), Florida Statutes, the Contractor must register with and use the U.S. Department of Homeland Security’s E-Verify system; https://www.uscis.gov/e-verity/employers, to verify the work authorization status of all new employees hired to perform services specified in the Contract. Subcontractors must also be registered in the E-Verify system and provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor will maintain a copy of such affidavit for the duration of the Contract. The OAG may request documentation of compliance with this provision at any time during the contract term. The Contract may be subject to termination for failure to comply with the requirements set forth in this Article, as specified in section 448.095 (2)(a), Florida Statutes.

SECTION 4 SCOPE OF WORK

4.1 Background

The OAG currently has a Mobile Price Gouging Application for consumers to report various types of price gouging during declared state of emergencies. The Contract with the vendor that provides the Mobile App will expire on May 31, 2023. The current Mobile Application is available in the IOS and Android application stores.

4.2 Scope of Work

The Vendor will provide a Mobile Application Solution (“the Mobile App”) to capture claims of price gouging, provide three years of maintenance and hosting, and the ability to provide system enhancements as needed by the OAG. The anticipated contract start date is February 21, 2023, with a “go-live” date no later than May 1, 2023, as contemplated by this procurement document and as more particularly described below:

4.2.1 Modifications and Enhancements:

Respondents have ability to provide modifications and enhancements as required and approved by the OAG. The OAG will request in writing any necessary modifications/enhancements. The selected contractor will provide in writing to the OAG a proposal including the level of effort and the number of hours to complete the requested modifications/enhancements. The OAG will provide final acceptance on the level of effort needed prior to the contractor moving forward. The first-year pricing will include up to 80 hours for the contractor to provide system modifications/enhancements including necessary upgrades and future developments.

4.2.2 Minimum Use Requirements for the Mobile App:

a. Consumer can download it from the Apple and Google Play application stores, to mobile their device;

b. Support current Android and IOS platforms;

c. Have Spanish at a minimum, as an alternate language for users;

d. Implementation completed and be production ready in accordance with the final project schedule proposed, but in no event later than May 1, 2023;

e. Deploy to the IOS and Android application stores under the OAG brand;

f. Hosted and managed by the Respondent in a secure environment;

g. Touch screen abled, visually appealing, and user-friendly for the consumer;

h. Provide continuous services, reporting, and analytics to OAG throughout the term of the Contract; and

i. Capture and submit a ‘Price Gouging’ complaint from the Mobile App that captures information similar to the OAG Price Gouging website form, along with the following features:

1) A HOME SCREEN which reads “Attorney General ASHLEY MOODY Florida Office of the Attorney General” and includes the following;

a) Graphics chosen by the Attorney General’s Office (e.g., the Attorney General’s seal or a photo of the Attorney General);

b) A button to initiate a phone call to the OAG Price Gouging Hotline;

c) A button to navigate to the OAG website https://www.myfloridalegal.com; and,

d) A main button on the home screen to submit a price gouging complaint. The consumer will be presented with the following screen (SCREEN 1) after pressing the button (the features or options listed are mandatory).

2) SCREEN 1: Titled: PRICE GOUGING COMPLAINT

a) Statement-State law prohibits an unconscionable increase in the price of essential commodities, such as food, water, hotel rooms, self-storage facilities, ice, gasoline, lumber, equipment, or other essential commodities or services needed as a direct result of the declared state of emergency.

b) Question: Is your complaint about a price increase of an essential commodity, such as food, water, hotels, ice, gasoline, lumber and equipment, needed as a direct result of a declared state of emergency? If the consumer clicks “YES”, the next section (SECTION 1) appears on the same screen, if the consumer clicks “NO”, then the consumer should be redirected to the OAG general complaint website form on myfloridalegal.com

c. SECTION 1: Titled: Select Officially Declared Emergency. The Mobile App must allow the consumer to select a complaint category from a drop-down list. The Mobile App must provide the option for the OAG to add or delete complaint categories from the drop-down list as appropriate for each declared state of emergency. This list will need to be updated throughout the year as different states of emergency are declared and expire. Once the consumer selects a state of emergency, the next section (SECTION 2) appears on the same screen.

d. SECTION 2: Titled: The name of the company or individual the consumer is filing price gouging complaint against, company’s address, phone number, and website.

a. Company/individual name?

b. Company/individual address?

a. The Mobile App must provide the ability for consumers to submit the location or address of the company for which the complaint is regarding by either typing in the address or allowing the Mobile App to share the location if the consumer is at the location of alleged price gouging; and

c. Company/individual phone number?

d. Does your complaint concern a product or service sold or advertised on an online shopping platform (required)?

i. If the consumer clicks “Yes”, they should provide (but not required):

1. Platform name, and,

2. Website address/URL of the product that is the subject of the complaint.

ii. Once the consumer clicks “Yes” or “No” under “Does your complaint concern a product or service sold or advertised on an online platform”, the commodity drop-down list described in SECTION 3 (see below) should appear automatically.

e. SECTION 3: Titled: Commodity Information Each of the below categories must provide an easy method for consumers to upload photos or videos or pdf documents and should ask that consumers upload any contracts, receipts, photos or other documents or images that they believe may assist in our review of their complaint. Within each complaint category, there are a series of questions to be answered by the consumer, for example:

1) Vehicle Rental: if the consumer selects this category, the Mobile App will display a list of questions, for example:

a) Type of car rented?

b) When did you book vehicle?

c) Name on reservation?

d) Was a purchase made?

e) How did you book vehicle (online, on phone, walk-in)?

f) Did you book one way or round trip?

g) Price quoted?

h) Price charged?

i) Confirmation or reservation ID number?

j) Other details regarding complaint?

2) Gasoline: if the consumer selects this category, the Mobile App will display a list of questions, for example:

a) Grade of gas (regular, midgrade, premium, diesel, other)?

b) Was purchase made? If yes, what was amount paid, form of payment (cash or credit card)?

c) Upload photo of receipt/pump price/street sign.

d) Location of gas station?

e) Have you purchased gas from station within the last 30 days? If yes, how much did you pay previously?

f) Other details regarding complaint?

3) Lodging: if the consumer selects this category, the Mobile App will display a list of questions, for example:

a) Type of room booked?

b) When was room booked?

c) Price quoted?

d) Was a purchase made?

e) Price charged?

f) Name on reservation?

g) How was the reservation booked (online, on phone, walk-in)?

h) Confirmation or reservation ID number?

i) Other details regarding complaint?

j) Explain why your stay or intended stay was necessary as a result of the state of emergency (will need place for the consumer to insert a brief description of the purpose of their stay or intended stay).

4) Marinas: if the consumer selects this category, the Mobile App will display a list of questions, for example:

a) Did you have a contract/agreement with marina for storage prior to state of emergency? If yes, did marina honor contract price?

b) Did you submit an insurance claim? If yes, name of insurance company?

c) Is your boat single hulled or double hulled?

d) Was your boat delivered by water or land?

e) Was a payment made?

f) Price quoted?

g) Price charged?

h) Form of payment (cash, debit/credit card, check)?

i) Other details regarding complaint?

5) Propane/Generators: if the consumer selects this category, the Mobile App will display a list of questions, for example:

a) Generator tab:

i. What brand and model of generator purchased?

ii. Was new generator purchased or was used generator serviced?

iii. Upload photo of generator with model number purchased/serviced, documentation of model purchased/serviced, photo of invoice/receipt.

iv. Other details regarding complaint?

b) Propane tab:

i. Select One. (new propane tank purchased, exchanged or refilled a tank, propane was delivered);

ii. Size of new, refilled or exchanged tank?

iii. Price of new tank and propane?

iv. Price of exchange tank and propane?

v. Price of propane tank refill?

vi. If propane was delivered, what was the price per gallon and total gallons purchased?

vii. Was a payment made (required)? If yes, amount paid, form of payment (cash, debit/credit card, check)?

viii. Did consumer purchase propane from this business within the last 30 days (yes or no)? If yes, how much did the consumer pay and for what amount/service?

ix. Other details regarding this complaint?

6) Lumber: if the consumer selects this category, the Mobile App will display a list of questions, for example:

a) What grade of lumber purchased?

b) What size of lumber purchased?

c) What thickness of lumber (1/4, 1/2, 3/4, other)?

d) Was purchase made (required)?

e) Form of payment (cash, debit/credit card, check)?

f) Other details regarding complaint?

7) Equipment: if the consumer selects this category, the Mobile App will display a list of questions, for example:

a) What equipment was rented or purchased?

b) Length of rental?

c) When was it rented or purchased?

d) How was the rental or purchase made, online, by phone, or walk-in?

e) Was payment made or required?

f) Form of payment (cash, debit/credit, check)?

g) Price quoted?

h) Price charged?

i) Other details regarding complaint?

j) If equipment was rented or purchased, please describe why it was necessary for use because of the emergency.

8) Service: (Contractors/Roofing/Water Remediation/Tree Removal or Trimming): if the consumer selects this category, the Mobile App will display a list of questions, for example:

a) Price quoted?

b) Name of business quoting price?

c) When was work started?

d) Name of business doing work?

e) Was work completed for price quoted?

f) Was purchase made paid in full: yes or no?

g) Amount paid?

h) Form of payment (cash, credit card, check)?

i) Description of work to be done for price quoted.

j) Approximate square footage of work done?

k) Was an insurance claim submitted? If yes, provide name of insurance company?

l) Was there an Assignment of Benefits? If yes, provide name of company?

m) Upload before and after photos.

n) Upload contract.

o) Other details regarding complaint?

9) Self-Storage Facility: if the consumer selects this category, the Mobile App will display a list of questions, for example

a) Description of storage rented (size, temperature controlled, etc.)?

b) When was storage rented?

c) How did you rent (online, phone or walk-in)?

d) Was payment made (required)?

i. If payment was made, what was the amount paid?

ii. Form of payment (cash, debit/credit card, or check)?

e) Other details regarding complaint?

10) Water/Ice/Food: if the consumer selects this category, the Mobile App will display a list of questions, for example:

a) Brand of water/ice/food?

b) Was purchase made? If yes, amount paid?

c) Form of payment (cash, debit/cred card or check)?

d) If water, was it single bottle or case?

e) Quantity purchased (number of bottles)?

f) If water, size of bottles?

g) If ice, size of ice?

h) Have you purchased the same item from same store/retailer within the last 30 days? If yes, how much did you pay previously?

i) Upload photos (display price, price on shelf, picture of items with bar code, picture of receipt).

j) Other details regarding complaint.

11). Other: if the consumer selects this category, the Mobile App will display a list of questions, for example

a) Please describe the nature of your price gouging complaint (required).

b) Was payment made (required)? If yes, what was the amount made?

c) Form of payment (cash, debit/credit card, or check)?

d) Is complaint concerning a commodity for which you made a reservation? If yes, name on reservation?

e) How was the reservation booked (online, on phone, walk-in)?

f) Confirmation or reservation ID number?

f. SECTION 4: Titled: Your Contact Information

This section should have the following fields:

1) First and Last Name

2) Email

3) Phone Number

4) Home Address

5) Penalties can be enhanced for victimizing individuals who are 60 years of age or older. Are you 60 or older? Yes or No.

6) Penalties can also be enhanced for victimizing individuals who are military service members, their spouse, or their dependent children. Are you on active duty in, or a veteran of the United States Armed Forces or the spouse or dependent child of a military service member? Yes or No.

7) Allow consumers the option to select preferred method for our office to contact them with any follow up questions, with the options “Phone Call” or “Email”.

8) The following must be included as part of SECTION 4:

a. “I understand that the Florida Office of the Attorney General cannot provide legal advice. I also understand that the Florida Office of the Attorney General cannot take legal action for me individually. I am filing this complaint to notify the Florida Office of the Attorney General of the activities of this company or individual so that it may be reviewed for appropriate action. All information submitted with this complaint is subject to public inspection pursuant to Chapter 119, Florida Statutes. You must click “I Agree” button before you click “Submit Complaint” button”.

b. Followed by an “I Agree” button which must be clicked before they can click the “Submit Complaint” button.

c. Followed by a “Submit Complaint” button.

d. Automatically generated acknowledgment of receipt of complaint and thank you for filing the complaint, someone will be in touch if we need further information.

4.2.3 Technical Requirements:

a. Integrate with OAG Web Service Environment using a REST Architecture or hosted SQL solution using a base64 authentication method;

b. Each record in the SQL solution will have a “Unique ID” as a key in the database;

c. Ability to add or reduce categories/commodities/services based on the state of emergency;

d. Ability to have different categories/commodities/services options included for each state of emergency;

e. Respondent must fully host and manage the Mobile App which will be available 24X7X365;

f. Respondent must perform regular quality control checks; and,

g. Respondent must communicate with application store as necessary.

4.2.4 Security Requirements:

a. Must use TLS, Version 1.2 or higher;

b. Must provide account provisioning and application authentication; and

c. Must comply with the OAG IT Security Policy.

4.3 Subcontractors

Respondent may enter into written subcontracts for performance of specific services (but not all contract services) under the Contract. Such services that may be subcontracted are specified in the terms of the OAG Standard Contract, Attachment A. Anticipated subcontract agreements known at the time of Proposal submission must be identified in the Proposal. If a subcontract has been identified at the time of Proposal submission, a copy of proposed subcontract must be submitted to the OAG. No subcontract that the Respondent enters into with respect to performance under the agreement will in any way relieve the Respondent of any responsibility for performance of its contractual responsibilities with the OAG. The OAG reserves the right to request and review information in conjunction with its determination regarding a subcontract request.

4.4 Performance Measures

Pursuant to section 287.058(1), Florida Statutes, the Contract must include performance measures that specify the required minimum acceptance level of service to be performed. These will be established based on the final determination of tasks and deliverables based on the accepted Proposal.

4.5 Financial Consequences

Pursuant to section 287.058 (1)(h), Florida Statutes, the Contract must include financial consequences that will apply if the Contractor fails to perform in accordance with the Contract terms. The financial consequences will be established based on the final determination of the performance measures and the Contract amount.

4.6 Minimum Qualifications

Minimum of two years’ experience in published mobile application development. Supporting documentation required to be submitted with Respondent’s Proposal.

SECTION 5 INSTRUCTIONS FOR PROPOSAL SUBMITTAL

5.1 Proposal – Two Parts

The Respondent must submit its Technical Proposal with the required documentation and Price Sheet, Attachment B, by the date and time set forth in Section 1.5, Schedule of Events, in the following manner:

5.1.1 Separation of Technical and Cost Proposals: Respondents must separate the Technical Proposal from the Price Proposal and ensure labeling as described in Sections 5.1.2 and 5.1.3. No pricing information must be contained in the Technical Proposal. Pricing information contained in the Technical Proposal will render the Proposal non-responsive.

5.1.2 Technical Proposal: The Respondent’s Proposal and required attachments must be submitted in a separate sealed envelope or box and labeled TECHNICAL PROPOSAL. Attachments C and D must be included in this envelope or box.

5.1.3 Price Proposal: The Price Sheet, Attachment B, must be submitted at the same time as the Technical Proposal; but must be in a separate sealed envelope and labeled Price Sheet, RFP DLA 2022.03. No alterations or amendments of the Price Sheet will be accepted. Any such changes or amendments will render the Proposal non-responsive.

5.2 Copies of Proposals

Respondents are asked to submit an ORIGINAL AND FIVE COPIES of its Proposal including Price Sheet, Attachment B, to the OAG no later than the date and time listed in accordance with Section 1.5, Schedule of Events. In addition, the Proposal must contain an electronic version of its business corporate or company information and documentation (specified in Section 5.5.3) in a single Adobe PDF document file format on portable media. Respondent’s original Proposal must contain originals of all documents required to be submitted by Respondents.

5.3 Proposal Delivery

It is the Respondent’s responsibility to ensure that its Proposal is delivered to the OAG by the specified time and date at the location identified in 1.5 Schedule of Events. Proposals which, for any reason are not received timely, will not be considered or scored. Unsealed Proposals and Proposals transmitted electronically are not acceptable and will be declared non-responsive and will not be scored. Proposals to this RFP may not be altered after the submission due date and time.

5.4 Signed Title Page

Each Proposal (see Title Page) must contain the company name and F.E.I.N. or social security number and the original signature of an authorized representative of the Respondent.

5.5 Contents of Technical Proposal

To assist the OAG in reviewing the Proposals, Respondents are encouraged to use the below format and headings. Failure to use this format may result in information being overlooked and negatively impact the Respondent’s score.

Table of Contents TAB 1 Required Documentation Title Page (Signed)

TAB 2 Respondent’s Narrative Proposal addressing all aspects of Section 4, Scope of Work (see Section 5.5.2) TAB 3 Respondent’s Corporate/Business Information (see Section 5.5.3)

5.5.1 Tab 1 Title Page and Transmittal Cover Letter

This cover letter serves as the Title Page of the Proposal. The letter must clearly indicate that the person signing the Proposal is authorized to bind the Respondent legally in a contractual obligation. The Transmittal Cover Letter will include the items below:

a. Completed and Signed Title Page;

b. Name and title of authorized representative submitting the Proposal, other than what is stated on the Title page, if applicable;

c. Any and all joint proposing firms or subcontractors; and

d. Section 2.6 of the RFP, Conflict of Interest and Disclosure must be completed.

5.5.2 Tab 2 Narrative Proposal

This section must address the Respondent’s Proposal for addressing all deliverables and tasks as required by Section 4, to include, but not limited to, dates and time for completion.

5.5.3 Tab 3 Business/Corporate Information

This section profiles the organization and status of the Respondent that will perform the Contract and must include the requested information below (See Section 4.6):

a. Date established, ownership (public company, partnership, subsidiary, etc.);

b. Total number of employees;

c. List of all officers of the firm indicating the percentages of ownership of each officer and the names of the Board of Directors, if applicable;

d. If the Respondent has defaulted on a contract, or had a contract terminated for cause, within the past five years, describe the facts surrounding the default or termination in detail;

e. Respondent must certify they are not delinquent paying taxes to the federal government, the State, or any governmental authority. If it cannot so certify, describe the facts surrounding each such delinquency in detail;

f. If the Respondent has filed for bankruptcy protection within the past five years or is currently in the process of filing or planning to file for bankruptcy protection or financial restructuring or refinancing, describe the facts surrounding these financial situations in detail. Each Respondent will disclose any current or contingent liabilities that may impact on its ability to timely perform the Contract;

g. If the Respondent has any pending or threatened litigation by or against the State, or any other governmental authority, describe the facts of each pending or threatened instance of litigation in detail;

h. Resumes of lead developers, listing the development work where they were the primary developer;

i. List of sites recently developed; and,

j. List of proposed support staff working on this project, (e.g. project managers, graphic artists, database managers).

5.6 Confidential or Exempt Material

Notwithstanding any provisions to the contrary, public records must be made available pursuant to Chapter 119, Florida Statues, the Public Records Act. If a Respondent considers any portion of its Proposal to be confidential, exempt, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, the Respondent must segregate and clearly mark those portions it deems exempt as “CONFIDENTIAL”.

Simultaneously, the Respondent will provide the OAG with a separate redacted paper and electronic copy of its Reply and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. The redacted copy must contain the solicitation name, number, and the name of the Respondent on the cover and must be clearly titled “REDACTED COPY”.

The redacted copy must be provided to the OAG at the same time the Respondent submits its response and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. The OAG will be responsible for defending its determination that the redacted portions of its Proposal are confidential, trade secret, or otherwise not subject to disclosure. The Respondent must protect, defend, and indemnify the OAG for any and all claims arising from or relating to the determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. Respondent’s failure to submit a redacted copy with its Proposal or to specify the grounds upon which the claim of exemption from disclosure is based, constitutes authorization by the Respondent for the OAG to produce the entire documents, data or records submitted by the Respondent in answer to a public records request for these records.

SECTION 6 EVALUATION OF TECHNICAL AND PRICE PROPOSAL

6.1 Introduction

The OAG will evaluate and score the proposals, taking into consideration the price and other criteria set forth in this RFP. The ability of the OAG to evaluate a Respondent’s Proposal is dependent upon the completeness of the Proposal. Failure of a Respondent to provide information requested by this RFP may result in a reduction in scoring during the evaluation. The OAG may accept or reject any and all Proposals and waive any minor irregularities if the OAG determines that doing so will serve the State’s best interests.

6.2 Evaluation Criteria

The OAG will evaluate proposals against all evaluation criteria set forth in Section 6.2.1 in order to determine the proposal or proposals that are the most advantageous to the OAG. Points are allocated as follows:

Total points awarded for technical proposal + total points awarded for price proposal = TOTAL POINTS AWARDED

6.2.1 Technical Proposal Scoring

Technical Proposals will be scored by the Evaluation Team in the areas indicated below. Each Evaluator will score the Proposals separate from the other Evaluators. The raw scores in each evaluation area from each Evaluator will be totaled. The total scores from each Evaluator will be then averaged together, to determine each Respondent’s Technical Proposal score.

6.2.2 Price Proposal Scoring

Scoring of the Price Proposals will be based on the Respondent’s total proposed price up to the maximum points specified in Section 6.2, of this RFP. The total proposed price will be scored in accordance with the below formula, with the maximum number of points awarded to the lowest total price. The price for creation and design of the Mobile App must be inclusive of one year of hosting, maintenance, and support and up to 80 hours for the contractor to provide system modifications and enhancements including necessary upgrades and future developments.

Items/prices will be weighted in the following manner:

Year One - Creation and Design of Mobile App which includes implementation, hosting, maintenance, and support and up to 80 hours of modifications/enhancements.

Year Two – Hosting, Maintenance and Support

Year Three - Hosting, Maintenance and Support

Total Points for Original Term (Years 1+2+3)

Renewal Year One - Hosting, Maintenance and Support.

Renewal Year Two - Hosting, Maintenance and Support.

Renewal Year Three - Hosting, Maintenance and Support.

Total Cost for Renewal Years (Renewal Years 1+2+3)

Billable Modification and Enhancement Hourly Rate – rates that exceed the 80 hours in year one.

Original Contract Term (Years One, Two and Three) Year One + Year Two + Year Three = Total Respondents Price Proposal for Original Term

Maximum Price Proposal Points (30) x (Lowest Price Proposal / Respondent’s Price Proposal) = PRICE SCORE FOR ORIGINAL CONTRACT TERM (YEARS ONE, TWO AND THREE)

Renewal Years Renewal Year One + Renewal Year Two + Renewal Year Three = Total Respondents Price Proposal for Renewal Years

Maximum Price Proposal Points (20) x (Lowest Price Proposal / Respondent’s Price Proposal) = PRICE SCORE FOR RENEWAL YEARS (RENEWAL YEARS ONE, TWO AND THREE)

Billable Modification/Enhancement Hourly Rate (rates that exceed the 80 hours in year one.

Maximum Price Proposal Points (10) x (Lowest Price Proposal / Respondent’s Price Proposal) = PRICE SCORE FOR BILLABLE MODIFICATION and ENHANCEMENT HOURLY RATE

Total Points for Original Contract Term + Total Points for Renewal Years + Total Points for Billable Modification and Enhancement Hourly Rate = TOTAL POINTS AWARDED FOR PRICE PROPOSAL

6.3 Notice of Agency Decision

At the conclusion of evaluation of the Proposals the OAG will announce its intended decision. Notice will be posted on the VIP. The OAG will award to the responsible and responsive Respondent determined to be the most advantageous to the OAG, with the highest total score taking into consideration Technical and Price Proposals.

6.4 Protests

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post a bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

A notice of intent to protest must be received by the Agency Clerk, with notice given to the Procurement Officer for the intent to protest, within the time prescribed in section 120.57(3), Florida Statutes.

Only documents delivered by the U.S. Postal Services, a private delivery service or in person during business hours (8:00 a.m. to 5:00 p.m. Eastern Time) will be accepted. Documents received after hours will be filed the following business day. No filing may be made by email or any other electronic means. All filings must be made with the Agency Clerk ONLY and are only considered “filed” when stamped by the official stamp of the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

The Agency Clerk’s mailing address is:

Agency Clerk Florida Department of Legal Affairs Office of the Attorney General PL-01, The Capitol Tallahassee, FL 32399

Do not send Proposals to the Agency Clerk’s office. Send all Proposals to the Procurement Officer to the address listed in the Schedule of Events (Section 1.5).

The Agency Clerk’s physical address for hand deliveries is:

Agency Clerk Florida Department of Legal Affairs Office of the Attorney General 107 W. Gaines St.

Tallahassee, FL 32301

ATTACHMENT A

STANDARD CONTRACT FOR

INSERT NAME OF CONTRACT

BETWEEN

THE STATE OF FLORIDA

Department of Legal Affairs

AND

INSERT NAME OF CONTRACTOR

STANDARD CONTRACT

By submission of a RESPONSE, the CONTRACTOR has accepted the terms of this Standard Contract without option for negotiation, unless otherwise specified herein.

This Contract is between the STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS (OAG), an agency of the state of Florida with offices at The Capitol, PL-01, Tallahassee, Florida 32399-1050, and [insert Contractor’s name], [address] (Contractor), and jointly referred to as “the Parties”.

The Parties enter into this Contract in accordance with the terms and conditions of the Price Gouging Application, solicitation RFP DLA-2022.03, RFP.

The parties agree to the following terms and conditions:

1. SCOPE OF WORK

The Contractor will perform the services specified in detail in Attachment _*_ to this Contract, hereby incorporated by reference, Attachment _*_reflect the SCOPE OF WORK, Section #_*_ of the RFP and Contractor’s RESPONSE thereto.