DLA 2024.01 Statewide Drug Takeback.pdf

1 Department of Legal Affairs RFP DLA 2024.01 Statewide Drug Takeback Program

TITLE PAGE

STATE OF FLORIDA

DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

REQUEST FOR PROPOSAL

RFP DLA 2024.01

STATEWIDE DRUG TAKEBACK 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 REQUEST FOR PROPOSAL 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 is usually the President, Chairman of the Board, or owner of the entity. A document establishing delegated authority must be included with the Proposal if signed by any person other than an authorized representative.

2 Department of Legal Affairs

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

SECTION 2 Special Conditions

2.1 Responsive and Responsible (Mandatory Requirements) .............................................. 7-8

2.2 Cost of Developing and Submitting Proposal and Ownership

2.3 Addendums

2.4 Legal Requirements

2.5 Identical Scoring of Proposals

2.6 Conflict of Interest and Disclosure

2.7 Modification and Withdrawal of Proposal ...................................................................... 8-9

2.8 Proposal Tenure

2.9 Non-Exclusive Rights

2.10 Contract Formation

2.11 Registered to do Business in the State

2.12 Minimum Qualifications and Experience ..................................................................... 9-10

2.13 Subcontractors

2.14 Foreign Country of Concern Requirements………………………………………………10

SECTION 3 Contract Contents

3.1 Standard Contract Terms

3.2 Initial Contract Term

3.3 Contract Renewal

3.4 Performance Measures

3.5 Financial Consequences

SECTION 4 Scope of Work

4.1 Background

4.2 Scope of Work ............................................................................................................ 11-13

3 Department of Legal Affairs

SECTION 5 Instructions for Proposal Submittal

5.1 Technical and Price Proposal – Two Parts

5.2 Copies of Proposals

5.3 Proposal Delivery

5.4 Signed Title Page

5.5 Contents of Technical Proposal .................................................................................. 15-16

5.6 Confidential or Exempt Material ................................................................................ 16-17

SECTION 6 Evaluation of Technical and Price Proposal

6.1 Introduction

6.2 Evaluation Criteria

6.3 Technical Proposal Scoring

6.4 Price Proposal Scoring ................................................................................................ 17-18

6.5 Notice of Agency Decision

6.6 Attorney Fees

6.7 Basis of Award

6.8 Protests ........................................................................................................................ 18-19

ATTACHMENT A – STANDARD CONTRACT

ATTACHMENT B – PRICE SHEET

ATTACHMENT C – NOTICE OF NO CONFLICT-OF-INTEREST

ATTACHMENT D – FOREIGN COUNTRY OF CONCERN ATTESTATION

4 Department of Legal Affairs

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 the installation and maintenance of drug receptacles (Receptacles) for the Statewide Drug Takeback Program (Program). The purpose of the Program is to provide Floridians residing in underserved areas throughout 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 PUR1000 and PUR1001, the following definitions also apply to this RFP. In the event of a conflict between the below definitions and the PUR1000 or PUR1001, the following definitions will control:

Business Days Monday through Friday, excluding state holidays as defined in section 110.117, Florida Statutes 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 able to safely 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 or a controlled drug, that are being turned in by an individual.

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

5 Department of Legal Affairs

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.

Underserved Area Underserved Areas include, but are not limited to, rural communities and communities with high concentrations of elderly and economically disadvantaged persons within the State.

Vendor Information Portal (VIP)

The system that 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 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 for further review. Respondents to the solicitation are encouraged to review carefully 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

6 Department of Legal Affairs

The named Procurement Officer for this solicitation is:

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 state will strictly adhere to the following time schedule in all actions relative to the RFP, unless modified by the OAG by addendum to this RFP as specified in Section 2.3.

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/ June 27, 2024 Written Questions Submittal Deadline

To the Procurement Officer at:

Email: Savannah.Dunn@myfloridalegal.com

July 08,2024

Anticipated Posting of Answers to Written Questions https://vendor.myfloridamarketplace.com/ July 12, 2024

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 specified in Section 1.4.

July 30, 2024

Public Opening of Proposals*

All timely proposals will be opened at:

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 119.071(1)(b)2, Florida Statutes. Only the names of Respondents and the names of any firms submitting “no response” will be read aloud.

July 30, 2024 https://vendor.myfloridamarketplace.com/

7 Department of Legal Affairs

Anticipated Intent to Award Posted https://vendor.myfloridamarketplace.com/ August 19, Anticipated Contract Start Date

September 13, 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 Respondents or members of the public.

1.6 Accessibility for Disabled Persons

If special accommodations are needed, please advise the Procurement Officer no later than five business 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 by email to the Procurement Officer identified in Section 1.4, above, within the time indicated in Section l.5. 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. The OAG requests Respondents use the following format when submitting questions:

CONTRACTOR NAME

RFP DLA-2024.01

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 their Proposal. Any Proposal that does not meet these requirements or contain this information will be deemed non-responsive. The OAG reserves the right to waive any minor irregularity if it is in the best interest of the State to do so.

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

2.1.2 The Title Page and Transmittal Cover Letter must be completed, signed, and returned with the Proposal.

8 Department of Legal Affairs

2.1.3 Each Respondent must submit sufficient documentation supporting Respondent’s minimum qualifications and experience.

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

The OAG reserves the right to modify this solicitation by addenda. All addenda to this RFP will be posted on the VIP. It is the Respondent’s responsibility to monitor the VIP for any solicitation notifications and addenda.

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 that may arise between Respondents 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 of two or more Respondent Proposals 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. The Procurement Officer will notify the affected Respondents of next steps in the event tied scoring occurs. If the application of the preferences in Chapter 287, Florida Statutes, fails to resolve the identical scoring outcome between two or more Respondent Proposals 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, Notice of No Conflict-of-Interest Form.

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, by submitting a request to the Procurement Officer.

9 Department of Legal Affairs

Requests for modification or withdrawal of a submitted Proposal must be in writing and signed by an authorized representative 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

Proposals are considered firm and cannot be withdrawn within 180 days after the date of the opening. If an award is not made within 180 calendar days, not including days the solicitation is stopped due to bid protests, the Proposal will remain firm until the OAG enters a Contract or the OAG receives from the Respondent written notice that the Proposal is withdrawn.

2.9 Non-Exclusive Rights

The right to provide the commodities and services that will occur 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 Attachment A, Standard Contract, 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 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, installing and maintaining 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 OAG 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

10 Department of Legal Affairs

2.12.4 Contact Name, Title, Phone Number, and Email Address

2.12.5 General Description of Work Previously 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 the installation and maintenance of the receptacles referenced in Section 4.2. Anticipated subcontractors known at the time of Proposal submission must be identified in the Proposal. If a subcontractor has been identified at the time of Proposal submission, a copy of the proposed subcontract must be submitted to the OAG. No subcontract into which the Respondent enters 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.

2.14 Foreign Country of Concern Requirements

Pursuant to section 287.138, Florida Statutes, Respondent must sign Attachment D, Foreign Country of Concern Attestation, and submit the completed form with the Proposal. Failure to complete the form in its entirety and submit it with the Proposal may result in the Respondent being deemed nonresponsive.

C. SECTION 3 CONTRACT CONTENTS

3.1 Standard Contract Terms

Respondents must become familiar with Attachment A, Standard Contract, 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 Initial Contract Term

It is anticipated that the Contract will be in effect beginning on September 13, 2024, or the Contract execution date, whichever is later. The Contract will end on June 30, 2025, unless renewed by the parties. The Contract resulting from this RFP, and any subsequent renewal, is contingent upon the availability of funds.

3.3 Contract 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 or amendments thereto. Renewals are contingent upon satisfactory performance by the Respondent as determined by the OAG and availability of funds.

11 Department of Legal Affairs

3.4 Performance Measures

Pursuant to section 287.058(1), Florida Statutes, the Contract will 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 will 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 underserved areas, which include, but are not limited to, rural communities and communities with high concentrations of elderly and economically disadvantaged persons within the State 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. Each Respondent must describe in its Proposal how it will complete the following requirements 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 locating potential receptacle site locations, recruiting potential Program participants, and installing a minimum of 100 receptacles within underserved areas by June 30, 2025 (the initial contract term) and a minimum of 5 receptacles each Renewal Year. Ensure the plan also includes the following information:

4.2.1.1.1 Specify the number of receptacles being installed during the initial contract term and for each renewal year along with an anticipated timeline for installing receptacles each year.

“Installed” shall mean affixed to the site and in working order.

4.2.1.1.2 How receptacle sites will be selected, how deposited medications will be kept secure, and the type of receptacle being used.

12 Department of Legal Affairs

4.2.1.1.3 Provide a map, sketch, or written description of each receptacle site location for the initial contract term with the Proposal. Receptacles installed during the initial contract term and any renewal terms may only be placed at locations where a receptacle is not already available, and no more than one receptacle may be placed at each location.

Further, each receptacle site location must be at a DEA registered retail or hospital pharmacy that meets a minimum of one of the following requirements throughout the initial contract term and any subsequent renewal term:

4.2.1.1.3.1 Located in a “rural community” as defined in section 288.0656(2), Florida Statute;

4.2.1.1.3.2 Located in a Florida county with 26 percent or more citizens aged 65 or older;

4.2.1.1.3.3 Located in a Florida county with 34.46 percent or more citizens living below 200 percent of the poverty line ;

4.2.1.1.3.4 Located a minimum of 5 miles from any existing receptacle that is available for public use.

4.2.1.2 The Contractor will be required to submit copies of written permission or agreements between the Contractor and each Program participant with the corresponding monthly report. Each written permission or agreement must include the name and address of the Program participant’s location. The Contractor must notify the OAG within three business days of becoming aware that a Program participant no longer wants to participate and find a replacement participant and install a new receptacle no later than 60 calendar days from the date of withdrawal.

4.2.1.3 Ensure the receptacles are placed in a safe and secure area to prevent theft of any disposed medications.

4.2.1.4 Contractor agrees that the OAG does not own and is not responsible for installation, maintenance, or removal of the receptacles.

4.2.1.5 Obtain or provide storage for the decontamination of the collected materials from the receptacles until final disposition in accordance with State and Federal law. As explained in section 4.2.1.6, below, in the description of maintenance, the Contractor is responsible for the final treatment and disposal of all waste collected and transporting of the waste to an appropriate facility.

4.2.1.6 Provide maintenance for each installed receptacle throughout the Contract term, including any subsequent renewal years. Maintenance includes, but is not limited to, keeping the receptacle in safe and working order, removing drug or medication waste from the receptacle on a fixed schedule and as otherwise needed to prevent full or damaged receptacles, providing bin liners or other necessary supplies, repairing or replacing any damaged receptacles and performing emergency services for installed receptacles as needed. Provide a http://edr.state.fl.us/content/population-demographics/data/Estimates2022.pdf https://www.flhealthcharts.gov/ChartsDashboards/rdPage.aspx?rdReport=NonVitalIndRateOnly.Dataviewer&cid=461

13 Department of Legal Affairs copy of the fixed maintenance schedule to the OAG upon request. Each physical visit to an already installed receptacle for the purpose of providing maintenance services will be considered a “maintenance visit” and eligible for reimbursement at the rates listed in the Respondent’s Attachment B, OAG Price Sheet. The number of maintenance visits proposed by the Respondent in the Price Sheet shall be the maximum number of visits reimbursed by the OAG. However, Respondent is still responsible for conducting any maintenance visits necessary to ensure that the receptacles are maintained and fully functioning during the entire contract period. Prepare a maintenance visit log describing each visit, including the receptacle location and date of service, and submit the log with the monthly report. The maintenance visit log must also include the total weight of waste collected from each installed receptacle during the Contract.

4.2.1.7 Describe in the Proposal how Respondent, if requested by the OAG, will identify additional receptacle site locations and install and maintain receptacles at those additional sites, no more than 60 calendar days after the OAG’s request. Any additional receptacles requested by the OAG will be charged at the prices identified in Attachment B, OAG Price Sheet.

4.2.1.8 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:

4.2.1.8.1 Number of receptacles installed only during the month being reported on.

4.2.1.8.2 Total number of receptacles installed and in working order up to and including the month being reported on and, for each such receptacle:

4.2.1.8.2.1 The pharmacy name and address in which the receptacle is located; and

4.2.1.8.2.2 The corresponding contract number for the installation contract between the Contractor and the participating pharmacy.

4.2.1.8.3 The total weight of waste collected from each installed receptacle.

4.2.1.8.4 A description of the maintenance services performed at each receptacle site location and the date each service was completed.

4.2.1.8.5 Other information that the Contractor reasonably believes would assist the OAG in assessing the success of the Program.

14 Department of Legal Affairs

E. SECTION 5 INSTRUCTIONS FOR PROPOSAL SUBMITTAL

5.1 Technical and Price Proposal – Two Parts

The Respondent must submit its Technical Proposal and Attachment B, Price Sheet, by the date and time set forth in Section 1.5 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, Notice of No Conflict of Interest, and D, Foreign Country of Concern Attestation, must be included in this envelope or box.

5.1.3 Price Proposal: Attachment B, Price Sheet, 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 2024.01. Any alterations or amendments to the Price Sheet will render the Proposal non-responsive.

5.2 Copies of Proposals

Respondents are asked to submit an ORIGINAL AND SIX COPIES of their Proposal including Attachment B, Price Sheet, to the OAG no later than the date and time listed in accordance with Section 1.5. 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. If Respondent claims any part of its Proposal contains confidential or exempt material, redacted copies must also be submitted to the Procurement Officer in accordance with Section 5.6.

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. The OAG reserves the right to waive minor irregularities if it is in the OAG’s best interest to do so. Unsealed Proposals or Proposals transmitted electronically or by facsimile transmission 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 Federal Employee Identification Number or Social Security number and the original signature of an authorized representative of the Respondent.

15 Department of Legal Affairs

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 Mandatory Documentation

Title Page and Transmittal Cover Letter (see Section 5.5.2).

Documentation supporting Respondent’s minimum qualifications and experience.

TAB 2 Respondent’s Narrative Proposal addressing all aspects of Section 4

TAB 3 Respondent’s Corporate/Business Information

TAB 4 Other Supporting Documentation

Attachment C, Notice of No Conflict-of-Interest Form completed as specified in Section 2.6.

Attachment D, Foreign Country of Concern Attestation must be completed as specified in Section 2.14.

5.5.2 TAB 1 Mandatory 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. Respondents should also submit a transmittal letter that includes the name and title of the 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 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 completing all deliverables and tasks as required by Section 4.

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:

16 Department of Legal Affairs

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

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

5.5.4.3 The Respondent must certify it is 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 Each Respondent must disclose any current or contingent liabilities that may impact on its ability to timely perform the Contract. 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 of these financial situations in detail; and

5.5.4.5 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.

5.5.5 TAB 4 Other Supporting Documentation

5.5.5.1 Attachment C, Notice of No Conflict-of-Interest Form, must be completed and executed as specified.

5.5.5.2 Attachment D, Foreign Country of Concern Attestation, must be completed and executed as specified.

5.6 Confidential or Exempt Material

Notwithstanding any provisions to the contrary, public records must be made available pursuant to Chapter 119, Florida Statutes, the Public Records Act, or other provisions of Florida law. If a Respondent considers any portion of its Proposal 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, with submitting a unredacted copy of the Proposal, 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 Respondent must protect, defend, and indemnify the OAG for all claims arising from or relating to the determination that the redacted portions of its Proposal 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 response to a public records request for the

17 Department of Legal Affairs records.

F. SECTION 6 EVALUATION OF TECHNICAL AND PRICE PROPOSAL

6.1 Introduction

The OAG will evaluate and score the proposals, taking into consideration all criteria set forth in this RFP. The ability of the OAG to evaluate a Respondent’s Proposal depends on 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 irregularity, technicality, or omission if the OAG determines that doing so will serve the State’s best interests.

6.2 Evaluation Criteria

The OAG will evaluate proposals pursuant to all evaluation criteria set forth in Section

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

Points will be allocated as follows:

Technical Proposal 65 points Price Proposal 35 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.

Evaluation Criteria Maximum Points Tab 2: Respondent’s Narrative Response addressing Section 4

55 points

Tab 3: Respondent’s Business/Corporate Information as described in Section 5.5.4 10 points

MAXIMUM TOTAL POINTS AWARDED FOR

TECHNICAL PROPOSAL 65 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. Twenty points shall be attributable to the Initial Contract Term and 5 points shall be attributable to each Renewal Term, as described below. 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

18 Department of Legal Affairs price for each installed receptacle and maintenance of the installed receptacles must be inclusive of all associated fees and costs borne by the Contractor during the Contract Term.

Total Points for Original Contract Term + Total Points for Renewal Year One + Total Points for Renewal Year Two + Total Points for Renewal Year Three = TOTAL

POINTS AWARDED FOR PRICE PROPOSAL

Initial Contract Term

Maximum price proposal points (20) X (lowest price proposal / Respondent’s price proposal) = Total Points for Original Initial Contract Term

Renewal Years 1 through 3

Renewal Year One: maximum price proposal points (5) X (lowest price proposal/ Respondent’s price proposal) = Total Points for Renewal Year One

Renewal Year Two: maximum price proposal points (5) X (lowest price proposal/ Respondent’s price proposal) = Total Points for Renewal Year Two

Renewal Year Three: maximum price proposal points (5) X (lowest price proposal/ Respondent’s price proposal) = Total Points for Renewal Year Three

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, if determined to be in the best interest of the State or the OAG.

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 Respondent offering the most advantageous Proposal through the evaluation of proposals in accordance with Section 6.2.

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.

19 Department of Legal Affairs

Only documents delivered by the U.S. Postal Service, 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 protest 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

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

20 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

21 Department of Legal Affairs

STANDARD CONTRACT

By submission of a Proposal, the CONTRACTOR has accepted the terms of this Standard Contract.

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-2024.01, the Statewide Drug Takeback Program.

The Parties agree to the following terms and conditions:

1. SCOPE OF WORK

The Contractor will perform the services specified in Attachment A, Scope of Work, to this Contract, hereby incorporated by reference. Attachment A reflects the Scope of Work, which is based on Section 4 of the RFP and Contractor’s Response to the RFP. 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_Conditio ns.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. DEFINITIONS

The following definitions apply in addition to the definitions in the PUR1000.

BUSINESS DAYS Monday through Friday, excluding state holidays as defined in section 110.117, Florida Statutes

BUSINESS HOURS 8 a.m. to 5 p.m., Eastern Time RECEPTACLE An un-manned collection kiosk able to safely 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.

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

SUBCONTRACTOR Any firm or person other than an employee of the Contractor who performs any services required by the Contract.

UNDERSERVED

AREA

Underserved Areas include, but are not limited to, rural communities and communities with high concentrations of elderly and economically disadvantaged persons within the State.

22 Department of Legal Affairs

3. TERM

3.1 Initial Term

The initial Contract term will begin on September 13, 2024, or on the last date the Contract is signed by all parties, whichever is later, and end on June 30, 2025. The Contract is subject to the availability of funds.

3.2 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 and are made by mutual agreement.

Renewals are contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the OAG and are subject to the availability of funds.

4. TERMINATION

4.1 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 that is the same percentage of the 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.

4.2 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.

4.3 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, 23 Department of Legal Affairs the Contractor will be compensated for any work satisfactorily completed prior to the effective date of termination.

4.4 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.

4.5 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.

5. COMPENSATION

5.1 Payment

This is a fixed price, unit cost, and cost reimbursement Contract. The OAG will pay the Contractor based on the amounts agreed to in Attachment B, Price Sheet, which is incorporated and attached to this 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) are specified in the Price Sheet of this Contract. Payments will be made in accordance with sections 215.422 and 287.0585, Florida Statutes, which govern the timeframes for approval and payment of invoices. The OAG’s failure to pay, or delay in payment, will not constitute a breach of the Contract and will not relieve the Contractor of its obligations to the

OAG.

5.2 Invoices

The Contractor must submit a completed invoice to the OAG within 30 calendar days from the end of each month. Invoices will be submitted in the format specified by the OAG and are paid in accordance with section 215.422, Florida Statutes. At a minimum, each invoice must include the Contractor’s name, mailing address, remittance address (if different than the mailing address) and Federal Employer Identification Number as well as the contract number, invoice date, deliverables completed, billing period, the amount due, a statement certifying the accuracy of the invoice, and the signature of an individual with the authority to bind the Contractor. The OAG Contract Manager may also request supporting documentation for the amounts being requested in the invoice. Failure to submit a timely invoice or supporting documentation requested by the OAG Contract Manager may result in non-payment or delay in payment.

24 Department of Legal Affairs

5.3 Bills for Travel

Travel reimbursement is not permitted under the terms of this Contract, unless otherwise specified in Attachment A, Scope of Work. If travel expenses are allowed, reimbursement will be made in accordance with section 112.061, Florida Statutes.

5.4 Final Invoice

Unless renewed or extended, the final invoice must be received within 30 calendar days immediately following contract expiration or termination. If Contractor fails to submit the invoice such that it is received by the deadline, all rights to payment are forfeited: the OAG will not honor any requests submitted after the aforesaid time period. The OAG may withhold any payment under the terms of this Contract until the OAG has approved all deliverables and any necessary adjustments.