DLA 2025-01 Service of Process.pdf

1 Department of Legal Affairs ITB DLA 2025.01 Service of Process

TITLE PAGE

STATE OF FLORIDA

DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

INVITATION TO BID

ITB DLA-2025.01

SERVICE OF PROCESS

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 BID, I HEREBY STATE THAT I HAVE READ THE

ENTIRE ITB 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.

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 Bid. This usually is the President, Chairman of the Board or owner of the entity.

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Table of Contents

SECTION 1 PURPOSE AND GENERAL INFORMATION

1.1 Purpose

1.2 Definitions

1.3 Procurement Officer and Restriction on Communications

1.4 Accessibility for Disabled Persons

1.5 Cooperation with Inspector General

1.6 Convicted Vendor List

1.7 Discriminatory Vendor List

1.8 Antitrust Violator Vendor List

1.9 Public Entity Crime

SECTION 2 ITB PROCESS

2.1 Overview of the ITB

2.2 Schedule of Events

2.3 Questions

2.4 Costs of Developing and Submitting Bid and Ownership

2.5 Addendums

2.6 Legal Requirements

2.7 Identical Scoring of Bids

2.8 Conflict of Interest and Disclosure

2.9 Modifications and Withdrawal of Bid

2.10 Bid Tenure

2.11 Non-Exclusive Rights

2.12 Registered to do Business in the State

2.13 Minimum Qualifications and Experience

2.14 Subcontractors

2.15 Use of Coercion for Labor or Services

2.16 Foreign Country of Concern

SECTION 3 CONTRACT CONTENTS

3.1 Term of Contract

3.2 Standard Contract Terms

3.3 Contract Formation

3.4 Right to Reject All Bids

3.5 Performance Measures

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3.6 Financial Consequences

SECTION 4 SCOPE OF WORK

4.1 Background

4.2 General Processes and Types of Service to be Provided

4.3 Process Server and Service Requirements

4.4 Request for Cancellation of Service

4.5 Communication with the OAG

4.6 Secure Website and Online Service Requirements

4.7 Technical Liaison

4.8 Invoice Procedures and Reports

SECTION 5 INSTRUCTIONS FOR BID SUBMITTAL

5.1 PUR 1001 – General Instructions to Respondents

5.2 Responsive and Responsible (Mandatory Requirements)

5.3 Bid– Two Parts

5.4 Copies of Bids

5.5 Bid Delivery

5.6 Contents of Technical Proposal

5.7 Confidential or Exempt Material

SECTION 6 SELECTION METHODOLOGY

6.1 Review of Mandatory Responsiveness Requirements

6.2 Review of Price Response

SECTION 7 BASIS OF AWARD

7.1 Basis of Award

7.2 Notice of Agency Decision

7.3 Attorney Fees

7.4 Prohibition Against Considering Social, Political, or Ideological Interests in Government

Contracting………………………………………………………………………………………26

7.5 Protest

ATTACHMENT A – STANDARD CONTRACT

ATTACHMENT B – PRICE/RATE SHEET

ATTACHMENT C – PUR2024 USE OF COERCION FOR LABOR AND SERVICES

ATTACHMENT D- PUR1355 FOREIGN COUNTRY OF CONCERN ATTESTATION

ATTACHMENT E – PUR7801 VENDOR CERTIFICATION FORM

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SECTION 1 PURPOSE AND GENERAL INFORMATION

1.1 Purpose

The purpose of this Invitation to Bid (ITB) is to seek competitive pricing on behalf of the State of Florida, Department of Legal Affairs, Office of the Attorney General, hereafter referred to as the OAG, for purposes of Service of Process functions and all required services to affect the Service of Process.

1.2 Definitions

In addition to the PUR 1000 and PUR 1001 definitions, the following definitions also apply to this ITB.

In the event of a conflict between the definitions below and the PUR 1000 or PUR 1001, the following definitions will control:

Bid The complete written submission in response to this ITB by a

Respondent.

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 Respondent with whom the OAG executes a contract with to provide the required commodities or services.

Minor Irregularity As used in the context of this solicitation, indicates a variation from the ITB 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.

Respondent Any firm or person who submits a Bid to the OAG in response to this ITB.

Service Area 1 Service of Process performed within the state of Florida.

Service Area 2 Service of Process performed within the United States, including its Territories and Commonwealths.

Service Area 3 Service of Process performed outside of the United States, including its Territories and Commonwealths.

Service Attempt The act of performing a Service of Process, successful or not, to a recipient. The number of required Attempts will vary between Service Areas. These will only be performed during certain appropriate times, detailed by the Service Options.

Service Level The type of service requested by the OAG for the Contractor to perform. Service Levels are classified as “Routine, Priority, and Express”.

Service Option One of three timeframes that are appropriate for attempting a Service of Process.

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

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

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 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 Bid. For expediency, and in the OAG’s sole discretion, the Procurement Officer may initiate phone calls to Respondents to resolve procedural or administrative issues.

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS TO

THE PROCUREMENT OFFICER***

The named Procurement Officer for this solicitation is:

Kyle Jones-Furiato, GSA 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: 850-414-3925 Email: Kyle.JonesFuriato@myfloridalegal.com

1.4 Accessibility for Disabled Persons

Any person requiring special accommodation due to a disability should advise the Procurement Officer no later than five business days prior to the event for which the accommodation may be needed. A person who is hearing or speech impaired can contact the Procurement Officer by using the Florida Relay Service at (800) 955-8771.

1.5 Cooperation with Inspector General

By submitting a Bid for this solicitation, the Respondent understands its duty, pursuant to section 20.055(5), Florida Statutes, to cooperate with the Inspector General in any investigation, audit, inspection, http://vendor.myfloridamarketplace.com/ mailto:Kyle.JonesFuriato@myfloridalegal.com

6 Department of Legal Affairs review, or hearing, in the event the Respondent is awarded the Contract. The Respondent will comply with this duty and ensure that subcontracts issued under the Contract, if any, impose this requirement, in writing, on its subcontractors.

1.6 Convicted Vendor List

Pursuant to section 287.133(2)(a), Florida Statutes, “[a] person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in [section 287.017, Florida Statutes] for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

1.7 Discriminatory Vendor List

Pursuant to section 287.134(2)(a), Florida Statutes, “[a]n entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.”

1.8 Antitrust Violator Vendor List

Pursuant to section 287.137(2)(a), Florida Statutes, “[a] person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.”

1.9 Public Entity Crime

Pursuant to section 287.137(2)(a), Florida Statutes, “[a] person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity; may not submit a response on a contract with a public entity for the construction or repair of a public building or public work; may not submit a response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, 7 Department of Legal Affairs

Florida Statutes, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

SECTION 2 ITB PROCESS

2.1 Overview of the ITB

An ITB is a method of competitively soliciting a commodity or contractual service under section 287.057(1)(a), Florida Statutes. Respondents may submit questions regarding this RFP to the Procurement Officer during the Question-and-Answer Period described in Section 2.3.

Respondents must submit Bids by the deadline listed in Section 2.2, Schedule of Events. If the OAG awards a Contract resulting from this ITB, the OAG will award the Contract to the responsible and responsive Respondent(s) whose Bid is deemed to be the lowest responsive bid based upon the criteria set forth in the ITB.

2.2 Schedule of Events

The following time schedule will be strictly adhered to in all actions relative to this ITB, unless modified by the OAG by addendum to this ITB. 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 ITB Posted to VIP https://vendor.myfloridamarketplace.com/ June 06, Written Questions Submittal Deadline

Email Procurement Officer at:

Kyle.JonesFuriato@myfloridalegal.com

June 18, Anticipated posting date of Answers to Questions http://vbs.dms.state.fl.us/vbs/main_menu June 25, Bid Due Date and Opening

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

Bids must be addressed to the Procurement Officer.

The public may attend the public opening but may not review any bids, ask questions, or make comments 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 8, 2025 Bids due at

2pm.

Bids opened at 2:30pm.

Anticipated Posting Date of Award https://vendor.myfloridamarketplace.com/ July 23, 2025 https://vendor.myfloridamarketplace.com/ mailto:Kyle.JonesFuriato@myfloridalegal.com http://vbs.dms.state.fl.us/vbs/main_menu https://vendor.myfloridamarketplace.com/

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Anticipated Contract Start Date

September 10, 2025

2.3 Questions

All questions regarding the content of this ITB must be received by the Procurement Officer within the time indicated in Section 2.2, 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 ITB Schedule of Events will be posted on the VIP. Respondents are asked to use the following format when submitting questions:

CONTRACTOR NAME

QUESTION OAG’S ANSWER

2.4 Costs of Developing and Submitting Bid 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 Bid. All Bids 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 Bids received in response to this ITB. Selection or rejection of a Bid will not affect this right.

2.5 Addendums

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

2.6 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 Bids received in response to this ITB and will govern all claims and disputes which may arise between persons submitting a Bid 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.

2.7 Identical Scoring of Bids

In the event of tied scoring from two or more Respondents, the OAG will determine the order of award in accordance with the law, including giving due weight to preferences set forth in Chapter 287, Florida Statutes. The Procurement Officer will notify the affected Respondents of next steps in the event tied

9 Department of Legal Affairs scoring occurs. 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).

2.8 Conflict of Interest and Disclosure

Respondents must comply with the provisions of section 112.313, Florida Statutes, and disclose in their Bid the name of any officer, director, employee, or other agent is an employee of the OAG or the state of Florida. Respondents must disclose in its Bid the name of any OAG or State employee who owns, directly or indirectly, an interest of five percent or more in the Respondent or its affiliates.

2.9 Modifications and Withdrawal of Bid

A Respondent may modify or withdraw its Bid at any time prior to the submittal deadline, specified in Section 2.2, Schedule of Events, by submitting a request to the Procurement Officer. Requests for modification or withdrawal of a submitted Bid must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the entire Bid will be returned to the Respondent and will not be considered unless resubmitted by the Bid due date and time.

2.10 Bid Tenure

All Bids are binding for 180 calendar days following the Bid opening date.

2.11 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.

2.12 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.

2.13 Minimum Qualifications and Experience

Respondent must have a minimum of 5 years’ experience in performing service of process activities.

Additionally, the Respondent must be capable of serving all 50 states, and its territories and commonwealths, as well as providing international service of process. 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 the Bid:

2.13.1 Company or Agency name

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2.13.2 Address

2.13.3 City, State, Zip Code

2.13.4 Contact Name, Phone Number, and Email Address

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

2.13.6 Service Dates (Beginning and End Dates)

2.14 Subcontractors

Respondent may enter into written subcontracts to perform the services referenced in Section 4.0, Scope of Work, of the ITB. Anticipated subcontract agreements known at the time of Bid submission must be identified in the Bid. If a subcontract has been identified at the time of Bid submission, a copy of the proposed subcontract must be submitted to OAG. No subcontract that the Contractor enters into with respect to performance under the Contract will in any way relieve the Contractor of any responsibility for the 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.

2.15 Use of Coercion for Labor or Services

Pursuant to section 787.06(13), Florida Statutes, Respondent must sign Attachment C, PUR2024, Use of Coercion for Labor or Services Attestation, and submit the completed form with the Bid. Failure to complete the form in its entirety and submit it with the Bid may result in the Respondent being deemed nonresponsive.

2.16 Foreign Country of Concern

Pursuant to section 287.138(4)(a), Florida Statutes, Respondent must sign Attachment D, PUR1355, Foreign Country of Concern Attestation, and submit the completed form with the Bid. Failure to complete the form in its entirety and submit it with the Bid may result in the Respondent being deemed nonresponsive.

SECTION 3 CONTRACT CONTENTS

3.1 Term of Contract

It is anticipated that the Contract will be for five years, beginning September 10, 2025, or the Contract execution date, whichever is later, and will end on September 9, 2030, unless renewed by the parties. The Contract may be renewed, in whole or in part, for no more than three years beyond the initial contract term, or for the term of the original contract, whichever is longer in accordance with section 287.057(14), Florida Statutes. Renewals are contingent upon the Contractor’s satisfactory performance and subject to the availability of funds.

3.2 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

11 Department of Legal Affairs and administrative code rules. The terms and conditions contained in the Standard Contract are non-negotiable.

3.3 Contract Formation

The OAG will enter into a Contract with the Respondent(s) awarded pursuant to Section 7.0, Basis of Award. The Contract between the OAG and the Respondent(s) will consist of Attachment A, Standard Contract and incorporate the relevant portions of the Respondent's Bid.

3.4 Right to Reject All Bids

The OAG reserves the right to reject all Bids. Additionally, the OAG reserves the right to award as determined to be in the best interest of the state, and to accept or reject all offers, or separable portions, and to waive any minor irregularity or omission if the OAG determines that doing so will serve the best interest of the state.

3.5 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 Bid.

3.6 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.

SECTION 4 SCOPE OF WORK

4.1 Background

All attempts from a process server must be listed and detailed. Executed service must be clear and detailed on all Affidavit or Proof of Service Forms. The Contractor must provide the OAG, on an as-needed basis, all services necessary to affect service of process, in accordance with applicable laws of the state of Florida, including Chapters 39 and 48, Florida Statutes, Florida Rules of Civil Procedure, Florida Rules of Juvenile Procedure and the laws of any other jurisdiction outside of the State of Florida, when applicable, in the following defined service areas:

Service Area 1: Within the state of Florida Service Area 2: Within the United States, including its territories and commonwealths Service Area 3: Outside of the United States, its territories, and commonwealths

International service of process, for Service Area 3, as defined above, will be issued, served, and filed with the courts in accordance with the requirements established on a case by case basis and agreed upon

12 Department of Legal Affairs by both the Contractor and the OAG in writing PRIOR to attempting service of process. The OAG expects service of process in Service Area 3 to be affected in accordance with all applicable laws and treaties. The price for Service Area 3 will be determined on a case by case basis and agreed to by both parties in writing, prior to Service of Process. Contractors executing service for Service Area 3 that require pre-payment for this service, must include a fee for any necessary translation services for the documentation in question. The Contractor must provide the certified international process server’s name and contract information upon receiving the request. To ensure pre-payment in full, the Contractor must provide monthly status updates regarding the process, including but not limited to, document translations, relevant correspondence, travel arrangements et cetera. These status updates will be used to seek orders allowing for additional time to serve individuals as required.

4.2 General Processes and Types of Service to be Provided

The OAG will request service of process from the Contractor via email, designating the OAG Program Area Requestor to whom the invoice will be sent, providing the name, address, and other relevant information of the individual on whom process is to be served, in order for the Contractor to perform services under the Contract, including multiple addresses at which the individual may be located, if known, and indicating the type and level of service required by the OAG; Routine Service, Express Service, or Priority Service. Service Levels are as follows:

4.2.2.1 Routine Service – Routine service of process must be issued, served, and filed with the courts, in accordance with the requirements of the particular court involved, within 14 calendar days of notification by the OAG that the documents are ready for service (unless extended by the OAG in writing). The Contractor shall in all cases attempt service within three calendar days from receipt of such service documents, excluding Sundays and legal holidays officially recognized by the applicable jurisdiction.

4.2.2.2 Express Service - Express service of process must be issued, served, and filed with the courts, in accordance with the requirements of the particular court involved, within seven calendar days of notification by the OAG that the documents are ready for service, excluding legal holidays officially recognized by the applicable jurisdiction. The Contractor shall in all cases attempt service within two calendar days from receipt of such service documents, excluding Sundays and legal holidays officially recognized by the applicable jurisdiction.

4.2.2.3 Priority Service - Priority service of process must be issued, served, and filed with the courts, in accordance with the requirements of the particular court involved, within three calendar days of notification by the OAG that the documents are ready for service (unless extended by the OAG in writing). The Contractor shall in all cases attempt service within one calendar day from receipt of such service documents, excluding Sundays and legal holidays officially recognized by the applicable jurisdiction.

4.3 Process Server and Service Requirements

Services will be provided by experienced certified process servers who are duly commissioned by the

13 Department of Legal Affairs applicable certifying entity, and who are either employed by the Contractor or acting as subcontractors to the Contractor. The Contractor will ensure all certified Process Servers meet all requirements for the location in which process is being served. All Process Servers must possess the ability to effect service of process at federal and state prisons as well as local jails, work camps, Indian Reservations, military installations, domestic violence shelters, homeless shelters, and substance abuse treatment centers. The following service requirements must be met:

4.3.1 The Contractor will:

4.3.1.1 Ensure the individual who serves or attempts service will testify at any required hearings if requested by the OAG for a flat fee of $50.00 to be paid by the OAG.

4.3.1.2 Ensure service is attempted in accordance with any direction provided by the OAG as to time and place, including any courthouse, and any jail, prison, or other detention or correctional facilities located within the state of Florida.

4.3.1.3 Ensure and acknowledge that all program areas of the OAG reserve the right to utilize the local law enforcement agencies to provide service of process as needed.

4.3.1.4 Ensure that, within a county in the state of Florida, a county sheriff must provide service instead of the Contractor, the Contractor must first notify the OAG program area service requestor for approval before any attempt is made.

4.3.1.5 Ensure the process server attempts service at the court or hearing in accordance with the directions from the OAG program area service requestor to secure service of an individual.

4.3.1.6 Ensure if the individual is not able to be served due to the provision of an incorrect address or an address that does not exist, that detailed information regarding this incorrect or non-existent address must be provided to the OAG Program Area Requestor via email within 24 hours to allow for any corrected address information obtained by the OAG to be provided.

4.3.1.7 Ensure the process server makes five attempts for Service Area 1. Service Area 2 will be attempted at a minimum of three separate attempts. Attempts cannot be determined for Service Area 3. Service attempts may cease upon the servers discovery that the address is vacant, or the current resident confirms the subject does not reside there. Returns of Service, or affidavit regarding service attempts, must be provided to the OAG Program Area Requestor no later than three days after either the service has been effectuated, or the last attempt of service has been made under the specified parameters for that request.

Service Attempts must be completed at the following times:

Service Option 1: 8:00am – 5:00pm Monday through Friday Service Option 2: 5:00pm – 10:00pm Monday through Friday Service Option 3: 8:00am – 10:00pm Saturday

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4.3.1.8 Ensure that service attempt locations include, but are not limited to:

4.3.1.8.1 Serving during employment hours at the individual’s place of employment;

4.3.1.8.2 Outside employment hours to include Saturdays at the individual’s place of residence;

4.3.1.8.3 At any other address when multiple addresses are provided by the OAG; and

4.3.1.8.4 At other locations identified by the Contractor if, and only if, the OAG does not incur an additional charge.

4.3.1.9 Ensure that the process server attempts service in compliance with the following:

4.3.1.9.1 Sunday Service: Service of process is prohibited on Sundays; no service of process actions taken under this Contract shall take place on Sunday.

4.3.1.9.2 For Service Area 2: Requests for service on individuals outside of this state, service shall be made in the same manner as service within this state, by any officer authorized to serve process in the state where the person is served. No order of court will be required.

4.3.1.9.3 For Service Area 3: Requests for service on individuals outside of the United States, service may be required to conform to the provisions of the “Hague Convention” on the service abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The OAG expects such international service to be affected in accordance with all applicable laws and treaties. No order of court will be required.

4.3.1.9.4 Spousal Substitute Service: Substitute service may be made on the spouse of the individual to be served at any place in the county, if the cause of action is not an adversary proceeding between the spouse and the individual to be served, if the spouse requests receipt of such substitute service, and if the spouse and the individual to be served are residing together in the same dwelling. In all instances, substitute service shall be made according to all applicable rules and statutes, especially Section 48.031(2), Florida Statutes, providing the name of the person served to the OAG on the Affidavit or Proof of Service Form, without need for prior approval from the OAG. Substitute service is not to be used in any action for termination of parental rights or in actions involving injunctive relief.

4.3.1.9.5 If the Contractor obtains an additional address not provided in the OAG’s initial request, the Contractor must provide the address to the OAG at no charge. In the event the OAG decides to use the new address for service, a separate request will be submitted to initiate service. If the individual being served is served in a public place the Contractor will attempt to obtain a valid mailing address when requested by the OAG.

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4.3.1.9.6 Ensure the preparation and provision of the notarized Affidavit or Proof of Service Form, acceptable to the OAG and the courts, within 7 calendar days from the date of service. If a court date/hearing is scheduled, and the OAG Program Area Requestor provides such information to the Contractor, the Contractor must provide the Affidavit or Proof of Service Form and documentation to the courts, no later than 24 hours prior to the hearing.

4.3.1.9.7 All non-served Affidavit or Proof of Service Forms shall include information required by law and information relating to the attempted service (e.g.; moved, left no forwarding address; relocated out-of-state; deceased; incarcerated; etc.;

together with any forwarding or current address or contact information learned during the service attempts). All original Affidavit or Proof of Service Forms shall be filed with the Clerk of Court of the process issuing county.

4.3.1.9.8 The Contractor is required to furnish the original Affidavit or Proof of Service

Form to the Clerk of Court of the process issuing county and email the OAG program area requestor proof of the documents being e-filed with a copy of the e-filing.

4.3.1.9.9 Provide the OAG with a notarized Affidavit or Proof of Service Form, containing service addresses for all service attempts. All attempts must be documented on the notarized Affidavit or Proof of Service Form, regardless of the type of Affidavit or Proof of Service Form generated, i.e. Affidavit or Proof of Service Form of Service, Affidavit or Proof of Service Form of Non-Service, or any other type(s) of Affidavit or Proof of Service Forms approved by the OAG and generated by the Contractor.

4.3.1.10 Requests for time extensions for all types of service will be made to both the OAG’s Program Area Requestor and Contract Manager via electronic mail containing the reason(s) for the extension request, and latest expected date to complete service efforts, successful or unsuccessful.

4.4 Request for Cancellation of Service

Should the OAG choose to discontinue service efforts regarding any particular service request, the Contractor shall be notified in writing via electronic mail, as soon as possible. The Contractor will immediately notify effected process servers to cease all service attempts. The Contractor must ensure that each process server involved with the cancelled service request promptly returns all service documents by a reasonable method of delivery.

Services cancelled by the OAG after any attempt will be paid at the full contractual rate for that service level.

4.5 Communication with the OAG

4.5.1 Meet or communicate regularly with the OAG Contract Manager, and any other applicable staff

16 Department of Legal Affairs as requested by the OAG, to discuss processes, performance, and issues that may arise during the term of this contract.

4.5.2 Cooperate fully with any data collection and evaluation activities, performance analysis, contract monitoring activities, quality assurance reviews, or audits carried out by the OAG in connection with the requirements and services performed under this Contract.

4.5.3 Respond to all requests made by the OAG within two business days after the date the request is made.

4.6 Secure Website and Online Service Requirements

The Contractor will have a service of process system using a secure website and other online features that will be available to the OAG immediately upon issuance of the purchase order, continuously accessible to the OAG program areas. The service of process system accessed via an online, secure website must at a minimum, the following features and functions:

4.6.1 Uniform ordering;

4.6.2 Tracking and billing procedures acceptable to the OAG for each user;

4.6.3 The ability to transmit data to the OAG electronically using Secure File Transfer

Protocol (SFTP) or SSH using Secure Copy Protocol (SCP);

4.6.4 The ability to scan documents into PDF format and make them readily available through its online, secure internet website(s) to the OAG as needed and upon request;

4.6.5 The ability to provide Excel or CSV formatted reports of performance as well as pending activity information contained on the website that includes, at a minimum, the status of all OAG service requests;

4.6.6 The ability to upload and download electronic documents in most common file formats, especially in PDF format;

4.6.7 The ability to track any and all jobs in its system containing all the necessary information to effect service of process;

4.6.8 The ability to ensure the system does not require duplicate actions and entries;

4.6.9 The ability to ensure the secure website and online system can be viewed and tested by the OAG;

4.6.10 The ability to generate automatic electronic notifications via email;

4.6.11 Service status information should be available every day of the year to the OAG through the Contractor’s secure website and online service of process system, except for scheduled system maintenance downtime, and be able to provide access to its own secure website to enable uploads and downloads of documents by both parties;

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4.6.12 The ability to generate and provide its secure website password(s) and email addresses for OAG use; and

4.6.13 The ability to track jobs in its system that provides the following information:

4.6.13.1 Request Status;

4.6.13.2 Served or non-served;

4.6.13.3 Reference number (i.e. authorization number); and

4.6.13.4 Tracking number

4.6.14 The ability to look up or sort the requests in the system by the following:

4.6.14.1 Name of person to be served;

4.6.14.2 Authorization number;

4.6.14.3 OAG case number or other OAG assigned number;

4.6.14.4 Any applicable service time frames;

4.6.14.5 Dispatched data; and

4.6.14.6 Invoice data

4.6.15 The ability to select individual requests that directs the OAG staff to specific activity as follows:

4.6.15.1 Notes of special events, including dates such as attempted service of process;

4.6.15.2 Messages and/or notes sent from the OAG including dates;

4.6.15.3 The ability to print service documentation from the system;

4.7 Technical Liaison

Upon issuance of the Purchase Order, the Contractor will designate a technical liaison to interact with and communicate with the OAG concerning the secure website and online service of process system and advise the OAG Information Technology Department about any pertinent technical issues that may arise. Further, the technical liaison will promptly work together with the OAG Information Technology Department to resolve technical issues, provide updates, and implement system changes as necessary. The Contractor must also provide a financial account liaison for communication with the OAG’s Bureau of Finance and Accounting, concerning any billing issues that may arise.

4.8 Invoice Procedures and Reports

4.8.1 Respond to the OAG’s monthly reports and invoices set in accordance with the specifications in this Scope of Work. The OAG must have a Contractor that promptly and successfully communicates with the OAG’s Bureau of Finance and Accounting on a consistent, regular basis, and as requested. Therefore, the parties will work in conjunction in the following fashion to address all service of process requests and related invoices generated by the Contractor, using the following processes:

4.8.1.1 The OAG will generate a monthly report of the total number of successful

18 Department of Legal Affairs and unsuccessful process service requests and deliver to the Contractor no later than the 5th day, or the first working day following the 5th calendar day, whichever comes first, of the month following the invoicing month.

4.8.1.2 An Excel file containing a template for the “monthly invoice” and any additional reports documentation, will be emailed to the Contractor within five business days after the effective date of the Contract.

4.8.1.3 Review the provided reports for correctness and send a completed invoice to the OAG no later than the 10th calendar day, or the first working day following the 10th calendar day, whichever comes first, of each month along with any other agreed upon reports using the Excel template provided by the

OAG.

4.8.1.4 All invoices must be billed to the OAG Program Area, under the

Contractor’s name.

4.8.1.5 The OAG will review each monthly invoice along with substantiating documentation, and if necessary, the OAG will email an initial denial report to the Contractor concerning discrepancies contained in any monthly invoice and substantiating report or documentation.

4.8.1.6 Within 30 calendar days thereafter, the Contractor may refute a denial report findings and email rebuttal documentation to substantiate the earning of payment to the OAG’s Contract Manager or designee. Thereafter, if any invoice discrepancies remain, the Contract Manager or designee, along with the Contractor will make diligent efforts to resolve the discrepancies within a 30-calendar day period after the OAG’s review of the rebuttal.

4.8.1.7 The invoice must be in Excel format or similar format, and include, at a minimum, the following:

4.8.1.7.1 Contractor’s Name;

4.8.1.7.2 Contract Number;

4.8.1.7.3 The OAG’s associated billing account number;

4.8.1.7.4 The Contractor’s invoice account date;

4.8.1.7.5 The service fee(s), if applicable and/or agreed to in the Contract;

4.8.1.7.6 Total numbers of completed successful service of process and full attempted unsuccessful services; and

4.8.1.7.7 Contractor designee printed name, signature, and date.

4.8.1.8 Provide a report with the invoice as directed by the OAG program area requestor.

Each report must include, at a minimum:

4.8.1.8.2 Account Number;

4.8.1.8.3 Private Vendor Activity Number;

4.8.1.8.4 Respondent Name (last name, first name);

4.8.1.8.5 Other Party Name (last name, first name); and

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4.8.1.8.6 Date request assigned to Contractor.

4.8.1.8.7 Excel format for attempted Service of Process:

Attempts - A. 1st attempt;

B. 2nd attempt;

C. 3rd attempt;

D. 4th attempt;

E. 5th attempt;

F. Was service successful? Yes/No G. 72 Hour Hearing Requirement successful? Yes/No H. Substitute Service? Yes/No I. Contractor internal tracking number;

J. Service of process fee;

K. County where request was served or attempted; and L. State where request was served or attempted.

SECTION 5 INSTRUCTIONS FOR BID SUBMITTAL

5.1 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_Instruct ions_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 bids accordingly. There is no need to return the PUR 1001 to the OAG. To the extent any terms contained in this ITB conflict with the terms of the PUR 1001, this ITB controls. The following sections from the PUR 1001 are deleted and replaced with the following:

5.1.1 Electronic Submission of Responses

Responses must be submitted in accordance with Section 5.4, Copies of Proposal, of this ITB document.

5.1.2 Questions

Questions must be submitted in accordance with Section 2.3, Questions, of this ITB document.

5.1.3 Respondent’s Representation and Authorization

In submitting its Bid, the Respondent understands, represents, and acknowledges the following:

5.1.3.1 The Respondent is not currently under suspension or debarment by the State of

Florida or any other governmental authority.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instruct https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

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5.1.3.2 The Bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Bid.

5.1.3.3 The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed (and will not be disclosed prior to the solicitation opening) to any Respondent or potential Respondent.

5.1.3.4 The Respondent will conform to the terms and conditions of the resulting Contract, which is based on Section 4.0, Scope of Work, without exception, or, where any revision or exception is proposed, Respondent will provide a draft of an alternative as determined by the OAG.

5.1.3.5 If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the OAG.

5.1.3.6 The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Bid, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Bid.

5.1.3.7 The Respondent agrees to indemnify, defend, and hold harmless the OAG and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Bid.

5.1.3.8 All information provided by, and representations made by, the Respondent may be considered material and may be relied upon by the OAG in awarding the Contract.

Any misstatement may be treated as fraudulent concealment from the OAG of the true facts relating to submission of the Bid. A misrepresentation is punishable under law, including, but not limited to, Chapter 817, Florida Statutes.

5.1.3.9 In submitting a Bid, the Respondent understands, represents, and acknowledges the following (NOTE: If the Respondent cannot certify to any of following, the Respondent must submit with its Bid a written explanation of why it cannot do so.

The Respondent’s explanations may result in the Respondent being found to not be a responsible or responsive vendor as defined in sections 287.012(25) and (27), Florida Statutes):

5.1.3.9.1 To the best of the knowledge of the person signing the Bid, the

Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last 10 years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

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5.1.3.9.2 Respondent currently has no delinquent obligations to the State of

Florida, including a claim by the State of Florida for liquidated damages under any other contract.

5.1.3.9.3 The Respondent has fully informed the OAG in writing of all convictions of the company, its affiliates (as defined in section 287.133(1)(a), Florida Statutes), and all directors, officers, and employees of the company and its affiliates for violation of state or federal antitrust laws with respect to a public contract and for violation of any state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employment of another company.

5.1.3.9.4 Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds:

5.1.3.9.4.1 Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for:

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal, state, or local government transaction or public contract; violation of federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

5.1.3.9.4.2 Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

5.2 Responsive and Responsible (Mandatory Requirements)

Respondents must complete and submit the following mandatory information or documentation as part of its Bid. Any Bid which does not meet these requirements or contain this information may 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.

5.2.1 The Bid must be received at the location, date and time specified in Section 2.2, 22 Department of Legal Affairs

Schedule of Events.

5.2.2 The Title Page must be completed, signed, and returned with the Bid.

5.2.3 Attachment B, Price Sheet must be completed as specified.

5.2.4 Attachment C, PUR7801 Vendor Certification Form must be completed as specified.

5.2.5…