DLA-2023.06 Statewide Drug Takeback Program.pdf

TITLE PAGE

STATE OF FLORIDA

DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

REQUEST FOR PROPOSAL

RFP DLA-2023.06

STATEWIDE DRUG TAKEBACK PILOT PROGRAM

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone Number: ( ) Fax Number: ( )

E-Mail Address:

Federal Employer Identification Number (FEIN):

BY AFFIXING MY SIGNATURE ON THIS PROPOSAL, I HEREBY STATE THAT I

HAVE READ THE ENTIRE RFP TERMS, CONDITIONS, PROVISIONS,

SPECIFICATIONS AND ALL ITS ATTACHMENTS, INCLUDING THE REFERENCED

PUR 1000 AND PUR 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 Standard 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 Proposal. This usually is the President, Chairman of the Board or owner of the entity, Document establishing delegated authority must be included with the Proposal if signed by other than authorized representative.

2 Department of Legal Affairs RFP DLA 2023.06 Statewide Drug Takeback Pilot Program

Table of Contents

SECTION 1 Purpose and General Information

1.1 Purpose

1.2 Definitions....................................................................................................................... 4-5

1.3 PUR 1001 – General Instructions to Respondents

1.4 Procurement Officer and Restriction on Communications ............................................. 5-6

1.5 Schedule of Events .......................................................................................................... 6-7

1.6 Accessibility for Disabled Persons

1.7 Questions......................................................................................................................... 7-8

SECTION 2 Special Conditions

2.1 Responsive and Responsible (Mandatory Requirements)

2.2 Cost of Developing and Submitting Proposal and Ownership

2.3 Addendums

2.4 Legal Requirements

2.5 Identical Scoring of Proposals ........................................................................................ 8-9

2.6 Conflict of Interest and Disclosure

2.7 Modification and Withdrawal of Proposal

2.8 Proposal Tenure

2.9 Non-Exclusive Rights

2.10 Contract Formation

2.11 Registered to do Business in the State .......................................................................... 9-10

2.12 Minimum Qualifications and Experience

2.13 Subcontractors

SECTION 3 Contract Contents

3.1 Standard Contract Terms

3.2 Term of Contract

3.3 Renewal

3.4 Performance Measures

3.5 Financial Consequences

SECTION 4 Scope of Work

4.1 Background

4.2 Scope of Work

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4.2.1 Required Deliverables and Tasks....................................................................... 11-13 SECTION 5 Instructions for Proposal Submittal

5.1 Proposal – Two Parts

5.1.1 Separation of Technical and Cost Proposals

5.1.2 Technical Proposal

5.1.3 Price Proposal

5.2 Copies of Proposals

5.3 Proposal Delivery

5.4 Signed Title Page

5.5 Contents of Technical Proposal

5.5.2 Tab 1 Title Page and Transmittal Cover Letter

5.5.3 Tab 2 Narrative Proposal .............................................................................. 14-15

5.5.4 Tab 3 Business/Corporate Information

5.6 Confidential or Exempt Material ................................................................................ 15-16 SECTION 6 Evaluation of Technical and Price Proposal

6.1 Introduction

6.2 Evaluation Criteria

6.3 Technical Proposal Scoring ........................................................................................ 16-17

6.4 Price Proposal Scoring

6.4.1 Initial Contract Term

6.4.2 Three Year Renewal Term

6.5 Notice of Agency Decision

6.6 Attorney Fees

6.7 Basis of Award

6.8 Protests

ATTACHMENT A – STANDARD CONTRACT

ATTACHMENT B – PRICE SHEET

ATTACHMENT C – STATEMENT OF NON-COLLUSION

ATTACHMENT D – DRUG FREE WORKPLACE CERTIFICATION

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A. 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 installation of drug receptacles (Receptacles) for the Statewide Drug Takeback Pilot Program (Program). The purpose of the Program is to provide Floridians residing in underserved areas of the State access to receptacles for the disposal of leftover or expired drugs at U.S. Department of Justice, Drug Enforcement Administration (DEA) registered retail and hospital pharmacies.

1.2 Definitions

In addition to the definitions in the PUR 1000 and PUR 1001, the following definitions also apply to this RFP. In the event of a conflict between the below definitions and the PUR 1000 or PUR 1001, the following definitions will control:

Business Days Monday through Friday, excluding state holidays Business Hours 8 a.m. to 5 p.m., Eastern Time Calendar Days All days, including weekends and state holidays Contract The formal written agreement or Purchase Order that will be entered into between the OAG and the Contractor.

Contractor The successful Respondent awarded a contract from the

OAG in accordance with the terms of this RFP.

Minor Irregularity As used in the context of this solicitation, indicates a variation from the RFP terms and conditions which does not affect the price of the Bid, or give the Respondent an advantage or benefit not enjoyed by other Respondents, or does not adversely impact the interests of the OAG.

OAG Florida Department of Legal Affairs, Office of the Attorney General

Procurement Officer The sole point of contact during the RFP process, who is specified in Section 1.4.

Proposal The complete written submission in response to this RFP by a Respondent.

Receptacle An un-manned collection kiosk that is able to safely and securely receive and store post-consumer medications as well as post-consumer-controlled substances (Schedules II-V). Post consumer medications include unused, expired, or leftover substances that are, or contain, a narcotic, targeted substance, or a controlled drug, that are being turned in by an individual.

Respondent Any legal entity or person who submits a Proposal to the OAG in response to this RFP.

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State State will be synonymous with the state of Florida and its various agencies and other governmental subdivisions, including the OAG.

State Holidays State defined holidays in section 110.117, Florida Statutes.

Subcontractor Any firm or person other than an employee of a Respondent who performs any services required by the Contract for compensation, upon OAG approval.

Underserved Area Underserved Areas include rural communities and communities with high concentrations of elderly and economically disadvantaged persons within the State.

Vendor Information Portal (VIP)

The system which allows all State Agencies to advertise solicitations on MyFlorida.com, hosted by the Department of Management Services. It also permits registered Vendors to receive automatic email notification of solicitation advertisements, addendums to solicitation, and exceptional purchases. The state of Florida’s internet-based vendor information system at:

http://vendor.myfloridamarketplace.com.

1.3 PUR 1001 – General Instructions to Respondents

The state of Florida and General Instructions to Respondents (PUR1001, https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instru ctions_to_Respondents.pdf) is hereby referenced and incorporated in its entirety into this RFP. This is a downloadable document at the hyperlink above. Respondents should download and save these documents to their 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 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

Pursuant to section 287.057(25), Florida Statutes, 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.

http://vendor.myfloridamarketplace.com/ https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

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The below named Procurement Officer is the sole point of contact of the OAG pursuant to section 287.057(25), Florida Statutes.

Savannah Dunn 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) 414-3468 Email: Savannah.Dunn@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.

EVENT LOCATION DATE/TIME

RFP Released/Posted https://vendor.myfloridamarketplace.com/ October 9, Written Questions Submittal Deadline

To the Procurement Officer at:

Savannah Dunn Email: Savannah.Dunn@myfloridalegal.com

October 16, Anticipated posting of Answers to written Questions https://vendor.myfloridamarketplace.com/ October 23, Proposals Due The Office of the Attorney General Bureau of General Services, Purchasing Collins Building 107 W. Gaines Street Tallahassee, Florida, 32301

Proposals should be addressed to the Procurement Officer, Savannah Dunn, as specified in Section 1.4.

November 9, 2:00 p.m.

Proposals Opened* All timely proposals will be opened at:

Collins Building Room 226 107 W. Gaines Street

Time of Opening: 2:30 p.m.

November 9, 2:30 p.m.

https://vendor.myfloridamarketplace.com/

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The public may attend the opening but may not review any Proposals at that time in accordance with section 119.071(1)(b)2, Florida Statutes. Only the names of Respondents and the names of any firms submitting “no response” will be read aloud.

Opening of Price Proposals*

All Price proposals will be opened at:

Collins Building Room 226 107 W. Gaines Street

The public may attend the opening but may not review any Price Proposals at that time in accordance with section 119.071(1)(b)2, Florida Statutes. Only the names of Respondents and the names of any firms submitting “no response” will be read aloud.

November 22, Anticipated Intent to Award/Posted https://vendor.myfloridamarketplace.com/ November 28, Anticipated Contract Start Date

December 15, 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 Accessibility for Disabled Persons

If special accommodations are needed, please advise the Procurement Officer 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.

1.7 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:

8 Department of Legal Affairs

CONTRACTOR NAME

RFP DLA-2022.03

QUESTION OAG’S ANSWER

B. 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.

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

2.1.2 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 Respondent’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

9 Department of Legal Affairs forth in Chapter 287, Florida Statutes. Respondents may execute and return Drug Free Workplace Certification, Attachment D, to be considered in the event of identical scoring or exact tie. If 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 in the Proposal 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. See Attachment C, Statement of Non-Collusion.

2.7 Modifications and Withdrawal of Proposal

A Respondent may modify or withdraw its Proposal at any time prior to the submittal deadline, as specified in Section 1.5. Schedule of Events, by submitting a request to the Procurement Officer. Requests for modification or withdrawal of a submitted Proposal must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the entire Proposal will be returned to the Respondent and will not be considered unless resubmitted by the Proposal due date and time.

2.8 Proposal Tenure

All Proposals are binding for 180 calendar 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 Formation

The Contract between the OAG and the Respondent will consist of the OAG Standard Contract (Attachment A, hereto), and will incorporate this RFP, any attachments to the RFP, and the Respondent's Proposal, including the Price 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.

2.11 Registered to do Business in the State

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

10 Department of Legal Affairs verification of compliance before Contract execution. Failure of the selected Respondent to have appropriate registration may result in withdrawal of Contract award.

2.12 Minimum Qualifications and Experience

Respondent must have a minimum of five years’ experience in procuring and installing drug and medicine or biomedical waste receptacles for public or governmental use or services of a similar size and nature to those requested in this solicitation. The Department reserves the right to contact all referenced entities during this solicitation to verify the Respondent’s listed experience. Supporting documentation must include at a minimum the following and be submitted with Respondent’s Proposal:

2.12.1 Company or Agency name

2.12.2 Address

2.12.3 City, State, Zip Code

2.12.4 Contact Name, Phone Number, and Email Address

2.12.5 General Description of Work Performed (related to the scope of this solicitation)

2.12.6 Service Dates (Beginning and End Dates)

2.13 Subcontractors

Respondent may enter into written subcontracts for performance of Tasks 4.2.1.1 and

4.2.1.4 referenced in Section 4.2, Scope of Work, of the RFP. 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 the 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.

C. SECTION 3 CONTRACT CONTENTS

3.1 Standard 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 beginning on December 15, 2023, or the Contract execution date whichever is later, and will end on June 30, 2024, unless renewed by the parties. The Contract resulting from this RFP, and any subsequent renewal, is contingent upon the availability of funds.

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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 and availability of funds.

3.4 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.

3.5 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.

D. SECTION 4 SCOPE OF WORK

4.1 Background

The purpose of the Program is to increase the accessibility of collection locations where people can safely dispose of leftover medications to reduce the risk of accidental poisonings and misuse as well as to prevent water contamination. Drug take back programs are recognized as a key prevention strategy to combat the opioid crisis. These programs target under-served areas, which include rural communities and other economically disadvantaged areas, and will support elderly persons, persons with poor physical or mental health, economically disadvantaged persons, or others who may have difficulty traveling distances to existing collection locations.

4.2 Scope of Work

The following are the minimum tasks and deliverables to be performed during the Contract term. Respondent must describe in its Proposal how the following requirements will be performed in the time and manner specified. Respondents may propose additional tasks to achieve the required deliverables in their Proposal for the OAG to consider.

4.2.1 Tasks and Deliverables

4.2.1.1 Provide a plan for approaching, contracting with, and installing a minimum of 100, but no more than 500 receptacles at site locations. Provide a map, sketch, or written description, including the name and address of each site location with the Proposal for OAG review. Proposals must identify how sites were selected, how deposited medications will be kept secure, and the

12 Department of Legal Affairs type of receptacle being used. Ensure the following receptacle requirements are met:

4.2.1.1.1 Located in areas where receptacles are not currently available and placed a minimum of three miles from any existing receptacle.

4.2.1.1.2 Located at a DEA registered retail or hospital pharmacy.

4.2.1.1.3 At least half of the receptacles must be located in “rural communities” as defined in section 288.0656, Florida Statutes.

4.2.1.1.4 Receptacle site locations are in counties with 26 percent or more citizens aged 65 or older or counties with at least 35 percent of citizens living below 200 percent of the poverty line.

4.2.1.1.5 No more than one receptacle will be placed at each site location.

4.2.1.2 The Contractor will be required to submit copies of written permission or agreements between the Contractor and each site location owner with the corresponding Monthly Report. Contractor must obtain permission or written agreement from the selected site location owners for placement of the receptacles installed on their premises through June 30, 2024, and any subsequent renewal year. Maintenance of the receptacle after installation is the Contractor’s responsibility. The Contractor must notify the OAG within three business days of becoming aware that a site location owner no longer wants to participate in the Program and find a replacement no later than 60 calendar days from the time the site location owner withdraws from participation.

4.2.1.3 All receptacles must be installed by June 30, 2024. The OAG will only pay the Contractor for installed working receptacles.

4.2.1.4 Describe in the Proposal how Respondent, if requested by the OAG, would identify additional site locations to place receptacles, no more than 60 calendar days after the OAG’s request. The additional site locations would be charged at the price identified in Attachment B to this document, the OAG Price Sheet. Contractor is responsible for complying with the requirements specified in Tasks 4.2.1.1, 4.1.1.2 and 4.1.1.5 for each new site location added during the initial term and any renewal term(s).

4.2.1.5 Prepare monthly written reports and submit them to the Contract Manager within 30 calendar days from the end of each month. Each Monthly Report must include, at a minimum, the following information for the month being reported on:

http://edr.state.fl.us/content/population-demographics/data/Estimates2022.pdf https://www.flhealthcharts.gov/ChartsDashboards/rdPage.aspx?rdReport=NonVitalIndRateOnly.Dataviewer&cid=461 https://www.flhealthcharts.gov/ChartsDashboards/rdPage.aspx?rdReport=NonVitalIndRateOnly.Dataviewer&cid=461

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4.2.1.5.1 Number of identified site locations.

4.2.1.5.2 Number of receptacles installed and in working order.

4.2.1.5.3 Any other information that the Contractor would reasonably believe would assist the OAG in assessing the success of the Program.

E. 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 2023.06. No alterations or amendments to 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 SIX 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 be submitted as an electronic version 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 Section 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.

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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

5.5.1 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

1. Signed Title Page (Mandatory Requirement Section 2.1) and Transmittal Cover Letter (see Section 5.5.2)

2. Statement of Non-Collusion (see Attachment C)

3. Documentation supporting minimum qualifications and experience.

TAB 2 Respondent’s Narrative Proposal addressing all aspects of Section 4, Scope of Work (see Section 5.5.3)

TAB 3 Respondent’s Corporate/Business Information (see Section 5.5.4)

5.5.2 Tab 1 Required Documentation

5.5.2.1 Title Page and Transmittal Cover Letter

The Title Page must be executed as required and returned with the Proposal pursuant to Section 2.1 (Mandatory Requirements). Failure to return a properly executed Title Page will render the Proposal non-responsive. Respondents should also submit a transmittal letter that includes the name and title of authorized representative submitting the Proposal, other than what is stated on the Title page, if applicable, and all joint proposing firms or subcontractors.

5.5.2.2 Statement of Non-Collusion

Attachment C, Statement of Non-Collusion must be completed and executed as specified.

5.5.2.3 Minimum Qualifications and Experience

Provide a detailed outline reflecting Respondent having a minimum of five years’ experience as outlined in Section 2.12.

5.5.3 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

15 Department of Legal Affairs and time for placement of the receptacles and timeframes for serving them and the submission of an implementation plan for additional site locations.

5.5.4 Tab 3 Business/Corporate Information

This section profiles the organization and status of the Respondent that will perform the Contract that demonstrates the Respondent meets the requirements of Section 2.12, as well as the following:

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

5.5.4.2If 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;

5.5.4.3 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;

5.5.4.4 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;

5.5.4.5If 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.

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 Proposal 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

16 Department of Legal Affairs confidential, proprietary, or trade secret. The Respondent 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 t h e OAG for 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.

F. 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 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 5.5 in order to determine the proposal or proposals that are the most advantageous to the OAG.

Points are allocated as follows:

Technical Proposal 75 points

Price Proposal 25 points

MAXIMUM AVAILABLE

POINTS 100 points

Total points awarded for technical proposal + total points awarded for price proposal =

TOTAL POINTS AWARDED

6.3 Technical Proposal Scoring

Technical Proposals will be scored by the Evaluation Team in the areas indicated below.

Each Evaluator will score the Proposals separately from the other Evaluators. The raw scores from each Evaluator for each evaluation area will be totaled. The total scores from each Evaluator will be then averaged together, to determine each Respondent’s Technical Proposal score.

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Evaluation Criteria Maximum Points Tab 2: Respondent’s Narrative Response addressing Section 4. Scope of Work

1. Identification of the number of proposed receptacles according to Task 4.2.1.1 (35 points)

2. All other tasks according to Tasks 4.2.1.2 to 4.2.1.5. (30 points)

65 points

Tab 3: Business/Corporate Information – Section

5.5.4 10 points

MAXIMUM TOTAL POINTS AWARDED FOR

TECHNICAL PROPOSAL 75 points

6.4 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 each site location and the procurement, installation, operation, and maintenance of the receptacles must be inclusive of all associated fees, costs, taxes and services borne by the Contractor during the Contract Term.

6.4.1. Initial Contract Term:

Maximum Price Proposal Points (25) x (Lowest Price Proposal / Respondent’s Price Proposal) = PRICE SCORE FOR ORIGINAL CONTRACT TERM

6.4.2 Three Year Renewal Term:

6.4.2.1 Renewal Years One through Three: Maximum Price Proposal Points (25) x (Lowest Price Proposal / Respondent’s Price Proposal)

Total Points for Original Contract Term + Total Points for Renewal Year One+ Renewal Year Two + Renewal Year Three= TOTAL POINTS AWARDED FOR PRICE PROPOSAL

6.5 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. The OAG reserves the right to not make an award under this solicitation, as determined to be in the best interest of the State or the OAG.

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6.6 Attorney Fees

In the event of a dispute prior to or post award, each party responding to this solicitation is responsible for its own attorney fees and costs, except as otherwise provided by law.

6.7 Basis of Award

A single award will be made to the responsive, responsible Respondent offering the most advantageous Proposal through the evaluation of proposals in accordance with Section 6.2.

The OAG reserves the right to not make an award under this RFP, as determined to be in the best interest of the State or OAG.

6.8 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. Sending Proposals to the Agency Clerk may result in your Proposal not being considered for award.

Send all Proposals to the Procurement Officer and address listed in Section 1.5.

Schedule of Events.

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

19 Department of Legal Affairs

ATTACHMENT A

STANDARD CONTRACT FOR

INSERT NAME OF CONTRACT

BETWEEN

THE STATE OF FLORIDA

Department of Legal Affairs

AND

INSERT NAME OF CONTRACTOR

20 Department of Legal Affairs

STANDARD CONTRACT

By submission of a Proposal, 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, FLORIDA DEPARTMENT OF LEGAL AFFAIRS, OFFICE OF THE ATTORNEY GENERAL (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). The OAG and Contractor are jointly referred to as “the Parties”.

The Parties enter into this Contract in accordance with the terms and conditions of Solicitation no.

RFP DLA-2023.06, the Statewide Drug Takeback Pilot Program.

The parties agree to the following terms and conditions:

1. SCOPE OF WORK

The Contractor will perform the services specified in Attachment *, Scope of Work to this Contract, hereby incorporated by reference. Attachment * reflect the Scope of Work, outlined in Section 4 of the RFP and Contractor’s Response to the RFP thereto. The State of Florida, General Contract Terms, PUR 1000 located at https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Co ntract_Conditions.pdf apply to the extent they are not otherwise modified in this Contract and are hereby incorporated by reference. This Standard Contract takes precedent if there is any conflict between the terms of the PUR 1000 and this document.

2. TERM

2.1 Initial Term

The initial Contract term will begin on December 15, 2023, or on the last date the Contract is signed by all parties, whichever is later, and end on June 30, 2024. The Contract is subject to the availability of funds.

2.2 Renewal Term

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

3. TERMINATION

3.1 Termination for Convenience: This Contract may be terminated by the OAG in whole or in part at any time in the best interest of the OAG. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf

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Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the OAG and will be turned over promptly by the Contractor.

3.2 Termination for Cause: This Contract may be terminated for the Contractor’s non-performance upon no less than 24 hours’ notice in writing to the Contractor by certified mail, return receipt requested or in person with proof of delivery. Waiver of breach of any provisions of this Contract will not be deemed to be a waiver of any other breach and will not be construed to be a modification of the terms of this Contract. In the event of default, in addition to the OAG’s right to terminate the Contract, the OAG may pursue any of its remedies at law or in equity, including but not limited to, any losses or expenditures of the OAG in obtaining replacement services or commodities, investigating, monitoring or auditing, including legal fees, professional fees, consulting fees, and witness fees. These remedies will include offsetting any sums due to the Contractor under the Contract, and any other remedies at law or in equity.

3.3 Termination Because of Lack of Funds: In the event funds to finance this Contract become unavailable, the OAG may terminate the Contract upon no less than 24 hours’ notice in writing to the Contractor. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery. The OAG will be the final authority as to the availability of funds. In the event of termination of the Contract for lack of funds, the Contractor will be compensated for any work satisfactorily completed prior to the effective date of termination.

3.4 Access to Information after Termination: In the event this Contract is terminated, all finished or unfinished documents, data, studies, correspondence, reports, and other products prepared by or for the Contractor under this Contract will be made available to and for the use of the OAG at no additional charge.

3.5 Responsibility for Damages: Notwithstanding the above, the Contractor will not be relieved of liability to the OAG for damages sustained by the OAG by any termination of this Contract by the Contractor. In the event this Contract is terminated, the Contractor will be reimbursed for services satisfactorily completed subject to any such damages incurred by the OAG.

4. COMPENSATION

4.1 Payment

This is a fixed price, fixed fee and unit cost Contract. The OAG will pay the Contractor based on the amounts agreed to in the Contractor’s submitted Price Sheet, Attachment *, which will be incorporated and attached to the Contract.

The total Contract amount, deliverable amounts, the unit of service as related to the deliverables, and timing of the payments (e.g., quarterly, monthly, one-time) will be specified in the Price Sheet of this Contract. Payments will be made in accordance with sections 215.422 and 287.0585, Florida Statues, which govern the timeframes for approval and payment of invoices. The OAG’s failure to pay, or

22 Department of Legal Affairs delay in payment will not constitute a breach of the Contract and will not relieve the contractor of its obligations to the OAG.

4.2 Invoices

The Contractor must submit a properly completed invoice to the Contract Manager within 30 calendar days from the end of each month. Invoices will be submitted in the format specified by the OAG.

4.3 Bills for Travel

Bills for travel expenses are not permitted under the terms of this Contract, unless otherwise specified in the solicitation document.

4.4 Final Invoice

Unless renewed or extended, the final invoice must be received within 30 calendar days immediately following Contract expiration. If Contractor fails to do so, all rights to payment are forfeited and the OAG will not honor any requests submitted after the aforesaid time period. Any payment under the terms of this Contract may be withheld until all deliverables and any necessary adjustments have been approved by the OAG.

4.5 Preferred Price Affidavit or Proof of Service Form Requirement

During the Contract term, if the OAG becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a service outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the OAG the price under the contract will be immediately reduced to the lower price, per Section 4(b) of PUR 1000. The Contractor will submit to the OAG from an authorized representative, at least annually, attesting that the Contractor is complying with the Best Pricing Offer provision.

4.6 MyFloridaMarket Place Transaction Fees

The state of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to section 287.057(24), Florida Statutes, all payments will be assessed a transaction fee of one percent (.07 %) which the Contractor will pay to the State. For payments within the State accounting system (FLAIR or its successor), the transaction fee will, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor will pay the transaction fee pursuant to Florida Administrative Code Rule 60A-1.031(2). By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments will be subject to audit by the State or its designee. The Contractor will receive a credit for any transaction fee paid by the Contractor for the purchase of any item. if such items are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a transaction fee is non- refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to

23 Department of Legal Affairs perform or comply with specifications or requirements of the Purchase Order. Failure to comply with these requirements will constitute grounds for declaring the Contractor in default and recovering re-procurement costs from the Contractor in addition to all outstanding fees. Contractors’ delinquent in paying transaction fees will be excluded from conducting future business with the State.

4.7 Contractor Ombudsman

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, Florida Statutes, which include disseminating information relative to prompt payment and assisting vendors in receiving their payments in a timely manner from the OAG. The Vendor Ombudsman may be contacted at (850) 413-3431.

4.8 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 Contractor or its subcontractors in the performance of the Contract.

4.9 Corrective Action Plan (CAP)

Using this Contract as the basis, the OAG, at its sole discretion, is authorized to identify Contracted deficiencies within the Contractor’s performance and request a proposed CAP to correct the deficiencies. Use of a CAP does not bar the OAG from assessing financial consequences or pursuing any other remedies available at law.

4.10 Subcontracts

4.10.1 Contractor will be responsible for all work performed and all expenses incurred for this Contract. Contractor will not subcontract any work contemplated under this Contract without the OAG’s prior written approval. The Contractor will be responsible for its subcontractors’ work under the Contract, including assessment of financial consequences which result from the subcontractor’s non-performance. If the OAG permits the Contractor to subcontract under this Contract, the OAG will not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and Contractor will be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. If the OAG permits the Contractor to subcontract, such permission will be indicated in Attachment I. If Contractor subcontracts any of the services performed under the Contract without obtaining the OAG’s prior written approval, the OAG will not pay the Contractor for such subcontracted services.