DLA RFP 2024.02 Auction Services.pdf

Department of Legal Affairs RFP DLA 2024.02 Auction Services

TITLE PAGE

STATE OF FLORIDA

DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

REQUEST FOR PROPOSAL

RFP DLA 2024.02

AUCTION SERVICES

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone Number: ( ) Fax Number: ( )

E-Mail Address:

Federal Employer Identification Number (FEIN):

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

HAVE READ THE ENTIRE RFP TERMS, CONDITIONS, PROVISIONS,

SPECIFICATIONS AND ALL ITS ATTACHMENTS, INCLUDING THE REFERENCED

PUR 1000 AND PUR 1001. I hereby certify that my company, its employees, and its principals agree to abide by all the terms, conditions, provisions, and specifications during the competitive solicitation and any resulting Contract, including those contained in the Standard Contract.

Signature of Authorized Representative:

Printed (Typed) Name and Title:

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

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Table of Contents

SECTION 1 Purpose and General Information

1.1 Purpose

1.2 Definitions ........................................................................................................................ 5-6

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 ......................................................................................... 7-8

1.9 Public Entity Crime

SECTION 2 RFP Process

2.1 Overview of the RFP

2.2 Schedule of Events ........................................................................................................... 8-9

2.3 Questions

2.4 Costs of Developing and Submitting Proposal and Ownership ..................................... 9-10

2.5 Addendums

2.6 Legal Requirements

2.7 Identical Scoring of Proposals

2.8 Conflict of Interest and Disclosure

2.9 Modification and Withdrawal of Proposal

2.10 Proposal Tenure

2.11 Non-Exclusive Rights

2.12 Registered to do Business in the State

2.13 License and Insurance Requirements

2.14 Minimum Qualifications and Experience

2.15 Subcontractors .............................................................................................................. 11-12

2.16 Use of Coercion for Labor or Services

SECTION 3 Contract Contents

3.1 Term of Contract

3.2 Standard Contract Terms

3.3 Contract Formation

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3.4 Performance Bond

SECTION 4 Scope of Work

4.1 Background

4.2 Scope of Work

4.2.1 Required Deliverables and Tasks ....................................................................... 13-16 SECTION 5 Instructions for Proposal Submittal

5.1 PUR 1001 – General Instructions to Respondents ...................................................... 16-18

5.2 Responsive and Responsible (Mandatory Requirements)

5.3 Proposal – Two Parts

5.3.1 Separation of Technical and Cost Proposals

5.3.2 Technical Proposal

5.3.3 Price Proposal

5.4 Copies of Proposals

5.5 Proposal Delivery

5.6 Contents of Technical Proposal ................................................................................... 19-21

5.6.2 Tab 1 Required Documentation

5.6.3 Tab 2 Narrative Proposal

5.6.4 Tab 3 Business/Corporate Information

5.7 Confidential or Exempt Material ................................................................................. 21-22 SECTION 6 Evaluation of Technical and Price Proposal

6.1 Introduction

6.2 Evaluation Criteria

6.3 Technical Proposal Scoring ......................................................................................... 22-23

6.4 Price Proposal Scoring

6.4.1 Initial Contract Term

6.4.2 Renewal Years 1 through 5

6.5 Notice of Agency Decision ......................................................................................... 23-24

6.6 Attorney Fees

6.7 Basis of Award

6.8 Protests

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ATTACHMENT A – STANDARD CONTRACT

ATTACHMENT B – PRICE SHEET

ATTACHMENT C- PUR7801 VENDOR CERTIFICATION FORM

ATTACHMENT D- PUR2024 USE OF COERCION FOR LABOR AND SERVICES

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A. SECTION 1 PURPOSE AND GENERAL INFORMATION

1.1 Purpose

The purpose of this Request for Proposal (RFP) is to seek competitive, responsive proposals and pricing on behalf of the State of Florida, Department of Legal Affairs, Office of the Attorney General, hereafter referred to as the OAG, for appraisal, authentication, advertising, and auctioning services.

1.2 Definitions

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

Appraisal An estimate of the nature, quality, and value of an item.

Auction A public sale where property or goods are sold, either online or in person, to the highest bidder.

Bidder A person who is offering money with the intent of purchasing an item at auction.

Business Days Monday through Friday, excluding state holidays

Business Hours 8 a.m. to 5 p.m., Eastern Time

Buyer A person who has won a bid and committed to buying one or more auctioned items from the Contractor.

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.

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

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

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

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

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

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 Proposal. For expediency, and in the Procurement Officers’ sole discretion, 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:

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 http://vendor.myfloridamarketplace.com/ mailto:Savannah.Dunn@myfloridalegal.com

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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 providing a Proposal to 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, 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, 8 Department of Legal Affairs 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, Florida Statutes, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

B. SECTION 2 RFP PROCESS

2.1 Overview of the RFP

The RFP is a method of competitively soliciting a commodity or contractual service under Chapter 287, 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 Proposals by the deadline listed in Section 2.2, Schedule of Events. Responses that the Procurement Officer determines are responsive to the RFP will be evaluated by the evaluation team. If the OAG awards a Contract resulting from this RFP, the OAG will award the Contract to the responsible and responsive Respondent whose Proposal is deemed the most advantageous to the State based upon the criteria set forth in the RFP.

2.2 Schedule of Events

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

EVENT LOCATION DATE/TIME

RFP Posted to VIP https://vendor.myfloridamarketplace.com/ December 18, Written Questions Submittal Deadline

Email Procurement Officer at:

Savannah.Dunn@myfloridalegal.com

January 6, Anticipated posting of Answers to written Questions https://vendor.myfloridamarketplace.com/ January 14, https://vendor.myfloridamarketplace.com/ mailto:Savannah.Dunn@myfloridalegal.com https://vendor.myfloridamarketplace.com/

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Proposals Due Date and Opening

The Office of the Attorney General Bureau of General Services, Purchasing Collins Building Room 226 107 W. Gaines Street Tallahassee, Florida, 32301

Proposals should be addressed to the Procurement Officer.

The public may attend the public opening but may not review any Proposals, 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.

February 13, 2:00 p.m.

Anticipated Date for Posting the Intent to Award on VIP https://vendor.myfloridamarketplace.com/ February 25, Anticipated Contract Start Date

March 10,

2.3 Questions

All questions regarding the content of this RFP 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 RFP Schedule of Events will be posted on the VIP. Respondents are asked to use the following format when submitting questions:

CONTRACTOR NAME

RFP DLA 2024.02 AUCTION SERVICES

QUESTION OAG’S ANSWER

2.4 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 https://vendor.myfloridamarketplace.com/

10 Department of Legal Affairs 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.

2.5 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 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 Proposals received in response to this RFP and will govern all claims and disputes which may arise between persons submitting a Proposal hereto and the OAG. Lack of knowledge of the law or applicable procedures, regulations or rules by any Respondent will not constitute a cognizable defense against their effect.

2.7 Identical Scoring of Proposals

In the event of tied scoring from two or more Respondents, the OAG will determine the order of award in accordance with the law, including giving due weight to preferences set forth in Chapter 287, Florida Statutes. 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 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 Proposals 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 Proposal 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 Proposal

A Respondent may modify or withdraw its Proposal 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 Proposal must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the entire Proposal will be returned to the Respondent and will not be considered unless resubmitted by the Proposal due date and time.

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2.10 Proposal Tenure

All Proposals are binding for 180 calendar days following the Proposal 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 License Requirements

Respondent must provide proof of licensure to conduct auction services in the State of Florida with the Proposal.

2.14 Minimum Qualifications and Experience

Respondent must have a minimum of 5 years’ experience in appraising, authentication, advertising, and auctioning services. The Department reserves the right to contact all referenced entities during this solicitation to verify the Respondent’s listed experience.

Supporting documentation must include at a minimum the following and be submitted with the Proposal:

2.14.1 Company or Agency name

2.14.2 Address

2.14.3 City, State, Zip Code

2.14.4 Contact Name, Phone Number, and Email Address

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

2.14.6 Service Dates (Beginning and End Dates)

2.15 Subcontractors

Respondent may enter into written subcontracts to perform the services referenced in Section 4.2, Scope of Work, of the RFP. Anticipated subcontract agreements known at the time of Proposal submission must be identified in the Proposal. If a subcontract has been identified at the time of Proposal submission, a copy of the proposed subcontract must be submitted to the OAG. No subcontract that the Respondent enters into with respect to performance under the agreement will in any way relieve the Respondent of any responsibility for performance of its contractual responsibilities with the OAG. The OAG

12 Department of Legal Affairs reserves the right to request and review information in conjunction with its determination regarding a subcontract request.

2.16 Use of Coercion for Labor or Services

Pursuant to section 787.06(13), Florida Statutes, Respondent must sign Attachment D, PUR2024, Use of Coercion for Labor or Services 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 Term of Contract

It is anticipated that the Contract will be for five years, beginning on March 10, 2025, or the Contract execution date whichever is later, and will end on March 10, 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 the 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.

3.3 Contract Formation

The OAG will enter into a Contract with the Respondent awarded pursuant to Section 6.7, Basis of Award. The Contract between the OAG and the Respondent will consist of the Attachment A, Standard Contract and incorporate the relevant portions of the Respondent's Proposal.

3.4 Performance Bond

Within 10 business days after the Contract Execution Date, Contractor will furnish a performance bond equal to the estimated total Contract amount of $5 million. The required performance bond must be issued by a surety company authorized to do business in the State, have been in business for at least 5 years, have a credit rating of at least an A or higher, approved in writing by OAG, and made payable to, in favor of, and for the protection of the OAG. The bond shall be conditioned for the prompt and faithful performance of this Contract. The Contractor must provide proof of its performance bond annually. The bond shall provide that no material alteration or cancellation, including expiration or non-renewal is effective until 30 days after the OAG’s Contract Manager receives written notice of such alteration or cancellation. In lieu of the performance bond, the Contractor may provide an irrevocable letter of credit for at least $5 million.

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D. SECTION 4 SCOPE OF WORK

4.1 Background

Items provided from the OAG for auction have been acquired through judicial seizure actions performed under the OAG’s statutory authority outlined in Chapter 16, Florida Statutes.

4.2 Scope of Work

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

4.2.1 Tasks and Deliverables

4.2.1.1 Pre-Auction Tasks

4.2.1.1.1 Retrieve items from the OAG as directed. Store items in a safe and secure manner to prevent theft, including, but not limited to, alarm systems, keypads, lock and key, and climate-controlled environments for items susceptible to damage from temperature and humidity changes. Proposal must include the Contractor’s means of storing items and details on what safety measures will be available.

4.2.1.1.2 Identify, appraise and inventory all items that have been picked up from the OAG. If an item requires proof of authenticity, Contractor will be responsible for procuring applicable documentation or certification of authenticity. Contractor may use a third-party appraisal service to authenticate items but must provide the third party’s name, business information, and any applicable certifications before appraisal.

4.2.1.1.3 Prepare a detailed report of all appraised items not requiring third party appraisal or certification and submit it to the Contract Manager no less than 60 calendar days after Contractor has retrieved items from the OAG. If an item requires a third-party appraisal or certification, prepare a separate report for those items and submit it to the Contract Manager as directed. All reports must be broken down by item type as follows:

4.2.1.1.3.1 Coins and Currency – Identify, appraise, and provide accurate identifying descriptions including, but not limited to, grading or condition, date, and other identifying characteristics of all types of coins and currency, foreign and domestic.

4.2.1.1.3.2 Jewelry – Identify, appraise, and provide accurate identifying descriptions, and testing of precious metals to include weights.

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4.2.1.1.3.3 Precious and Semi-Precious Stones – Identify, appraise, and provide accurate identifying descriptions including, but not limited to, estimated size of all precious and semi-precious stones, including diamonds.

4.2.1.1.3.4 Gold, Silver, Platinum, and Other Precious Metals – Identify, appraise, and provide accurate identifying descriptions including, but not limited to, the karat of gold or fineness of silver by testing and provide a penny weight or gram weight. Other precious metals will be identified, weighed, and tested if possible.

4.2.1.1.3.5 Miscellaneous Property – Identify, appraise, and provide accurate identifying descriptions including, but not limited to, firearms, paintings, stock certificates, historical documents, sports paraphernalia, autographs, alcohol collections, and books.

4.2.1.2 Auction Tasks

4.2.1.2.1 Advertise items to be auctioned in any manner the Contractor chooses and provide proof of advertisement as requested by the OAG.

4.2.1.2.2 Notify the Contract Manager of each item scheduled to appear at in-person auctions or listed for online auction at least 7 calendar days prior to the beginning of the auction.

4.2.1.2.3 The Contractor reserves the right to accept bids in any increment and in the case of a disputed bid, the decision of the Contractor is final.

4.2.1.2.4 Instruct Buyers that all sales are final, and items are sold in “AS-IS, WHERE-IS” condition.

4.2.1.2.5 Charge sales tax in accordance with State laws. Contractor must provide a current certificate of resale, signed and dated to the auction platform or at the time of checkout if paying cash.

4.2.1.2.6 Add the Contractor’s commission, identified in Attachment B, Price Page, to the final sale price of each item. The Contractor’s commission amount for each item must be disclosed prior to bidding.

4.2.1.2.7 Ensure the Buyer pays for the item(s) in full within 24-48 hours of the sale ending and prior to the removal of merchandise from the auction block. At the sole discretion of the Contractor, a deposit of the buyer’s outstanding purchases may be required during the auction process to secure items purchased. Deposits and final payments must be payable by wire, cash, online check, or cashier’s check unless otherwise pre-approved by the Contractor.

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4.2.1.3 Post-Auction Tasks

4.2.1.3.1 Items must be removed from the premises within 48 hours from the commencement of the auction or within an allotted time as determined by the Contractor unless arrangements are made to deliver sold items to the Buyer. Failure to remove items or negotiate a delivery with the Buyer within the time specified will result in a forfeiture of all monies received. Such forfeiture(s) shall constitute a breach of contract, and all Buyers shall remain liable and at risk for any loss, expense, and damages arising from said defaults. Forfeited monies from deposits will be payable to the OAG, excluding the commission fee the Contractor would have received. If the items were paid in full, forfeited monies will be payable according to Section 4.2.1.3.7. Items not paid for in full, not removed from premises within the time specified by Contractor, or unable to be delivered to Buyer must be resold at a future auction after discussion with the OAG on when items will be listed and sold again.

Items must be listed again within 3 months from the date of auction.

4.2.1.3.2 The Contractor is responsible for facilitating delivery of sold items to buyers within 7 calendar days if items are unable to be picked up by the buyer within 48 hours after the auction. The buyer must arrange the method of pick up or delivery within the allotted time frame for removal. Items to be picked up will be considered abandoned if not picked up within the specified removal time.

4.2.1.3.3 If sold items are to be mailed to the buyer, the Contractor is responsible for the packing and shipping of items. Items must be in appropriately sized packaging such as boxes, envelopes, mailers, or pallets and packaged in a way that will best protect the item and prevent damage from occurring, including, but not limited to, the use of bubble wrap, bubble bags, foam sheets, foam packing peanuts, or paper cushioning.

Shipping fees will be the responsibility of the buyer.

4.2.1.3.4 The Contractor may utilize any freight company to deliver items to the buyer. Items may be dropped off at a freight company’s location or picked up from the auction location by the freight company.

4.2.1.3.5 Damage or destruction of items during the delivery process will be the responsibility of the Contractor. Damaged items will be assessed and appraised again, where the difference in value will be the responsibility of the Contractor, who shall refund the difference to the buyer.

Destruction of items will result in a refund to the buyer in the full amount paid at the expense of the Contractor.

4.2.1.3.6 Prepare a report of items sold at auction and the amount each item was sold for and submit it to the Contract Manager within 3 business days from the date of auction.

4.2.1.3.7 Pay the OAG the full amount of each item’s final sale price, excluding taxes, the Contractor’s commission, and any other additional fees.

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Payment must be provided by check or wire transfer to the OAG within 30 calendar days from the date of auction.

E. SECTION 5 INSTRUCTIONS FOR PROPOSAL 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 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. 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 RFP document.

5.1.2 Questions

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

5.1.3 Respondent’s Representation and Authorization

In submitting its Proposal, 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.

5.1.3.2 The Proposal 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 Proposal.

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.

5.1.3.5 If an award is made to the Respondent, the Respondent agrees that 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

17 Department of Legal Affairs 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 Response, 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 Proposal.

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 Proposal.

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 Proposal. A misrepresentation is punishable under law, including, but not limited to, Chapter 817, Florida Statutes.

In submitting a Proposal, the Respondent understands, represents, and acknowledges the following (NOTE: If the Respondent cannot certify to any of following, the Respondent must submit with its Response 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 To the best of the knowledge of the person signing the Proposal, 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.

5.1.3.10 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.

5.1.3.11 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

18 Department of Legal Affairs 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.

5.1.3.12 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:

5.1.3.13 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 or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

5.1.3.14 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 Proposal. Any Proposal 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 Proposal must be received at the location, date and time specified in Section 2.2, Schedule of Events.

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

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 Attachment D, Use of Coercion for Labor and Services must be submitted as specified.

5.2.6 Meet the minimum qualifications and experience requirements described in Section 2.14, Minimum Qualifications and Experience.

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5.3 Proposal – Two Parts

The Respondent must submit its Technical Proposal with the required documentation and Attachment B, Price Sheet, by the date and time set forth in Section 2.2, Schedule of Events, in the following manner:

5.3.1 Separation of Technical and Cost Proposals: Respondents must separate the Technical Proposal from the Price Proposal and ensure labeling as described in Section 5.6. No pricing information must be contained in the Technical Proposal.

Pricing information contained in the Technical Proposal will render the Proposal non-responsive.

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

5.3.3 Price Proposal: The 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 2024.02. No alterations or amendments to the Price Sheet will be accepted. Any such changes or amendments will render the Proposal non-responsive.

5.4 Copies of Proposals

Respondents are asked to submit an ORIGINAL AND SIX COPIES of its Proposal including Attachment B, Price Sheet, to the OAG no later than the date and time listed in accordance with Section 2.2, Schedule of Events. In addition, the Proposal must be submitted as an electronic version in a single Adobe PDF document file format on portable media. Respondent’s original Proposal must contain originals of all documents required to be submitted by Respondents.

5.5 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 2.2, Schedule of Events.

Proposals which, for any reason are not received timely, will not be considered or scored.

Unsealed Proposals and Proposals transmitted electronically are not acceptable and will be declared non-responsive and will not be scored. Proposals to this RFP may not be altered after the submission due date and time.

5.6 Contents of Technical Proposal

5.6.1 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.

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Table of Contents

TAB 1 Required Documentation

A. Signed Title Page B. Minimum Qualifications and Experience Outline C. Responses or Disclosures Required by the PUR 1001 D. Attachment C, PUR7801 Vendor Certification Form E. Attachment D, Use of Coercion for Labor and Services

TAB 2 Narrative describing Respondent’s plan for carrying out the tasks and deliverables referenced in Section 4, Scope of Work

TAB 3 Respondent’s Corporate/Business Information

5.6.2 Tab 1 Required Documentation

5.6.2.1 Title Page

The Title Page must be executed as required and returned with the Proposal pursuant to Section 5.2, Responsive and Responsible (Mandatory Requirements. Failure to return a properly executed Title Page will render the Proposal non-responsive. Respondents should also submit a transmittal letter that includes the name and title of authorized representative submitting the Proposal, other than what is stated on the Title Page, if applicable, and all joint proposing firms or subcontractors.

5.6.2.2 Minimum Qualifications and Experience

Provide a detailed outline reflecting Respondent having a minimum of five years’ experience as outlined in Section 2.14.

5.6.2.3 Responses or Disclosures Required by the PUR 1001

5.6.2.3.1 Submit any disclosures required by Section 6 of the PUR 1001

5.6.2.3.2 Submit any disclosures required by Section 9 of the PUR 1001, as modified by Section 5.1 of this RFP. If Respondent is unable to certify to any of the provisions contained therein, submit a written explanation of why the Respondent cannot do so. The Respondent’s explanations may result in the OAG finding the Respondent not to be a responsible or responsive vendor as defined in sections 287.012(25) and (27), Florida Statutes.

5.6.2.4 Provide a response for each Customer Indicator question not marked “N/A” on Attachment C, PUR7801 Vendor Certification Form. Failure to provide a response not marked “N/A” will result in the Respondent being deemed non-responsive.

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5.6.2.5 Attachment D, Use of Coercion for Labor and Services must be submitted as outlined in Section 2.16.

5.6.3 Tab 2 Narrative Proposal

This section of the Respondent’s Proposal must fully address in detail Respondent’s plan for carrying out the services outlined in Section 4. Respondent must also indicate if subcontractors will be used and for which services and provide a copy of subcontracts (if any) as specified in Section 2.15.

5.6.4 Tab 3 Business/Corporate Information

This section should identify the organizational structure and any key personnel that will perform the Contract and include the following information:

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

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

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

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

5.6.4.5 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.

5.7 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

22 Department of Legal Affairs 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 records.

F. SECTION 6 EVALUATION OF TECHNICAL AND PRICE PROPOSAL

6.1 Introduction

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

6.2 Evaluation Criteria

The OAG will evaluate proposals against all evaluation criteria set forth in Section 5 to determine the proposal or proposals that are the most advantageous to the OAG. Points are 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.

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Evaluation Criteria Maximum Points

Tab 2: Respondent’s Narrative Response addressing Section 4. 35 points

Tab 3: Business/Corporate Information – Section

5.6.4 30 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 6.3 of this RFP. The total proposed price will be scored in accordance with the below formula, with the maximum number of points awarded to the lowest total price.

6.4.1 Initial Five Year Contract Term:

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

6.4.2 Renewal Years 1 through 5:

Renewal Year One: maximum price proposal points (2) X (lowest price proposal/ Respondent’s price proposal) = Total Points for Renewal Year One

Renewal Year Two: maximum price proposal points (2) X (lowest price proposal/ Respondent’s price proposal) = Total Points for Renewal Year Two

Renewal Year Three: maximum price proposal points (2) X (lowest price proposal/ Respondent’s price proposal) = Total Points for Renewal Year Three

Renewal Year Four: maximum price proposal points (2) X (lowest price proposal/ Respondent’s price proposal) = Total Points for Renewal Year Four

Renewal Year Five: maximum price proposal points (2) X (lowest price proposal/ Respondent’s price proposal) = Total Points for Renewal Year Five

Total Points for Original Contract Term + Total Points for Renewal Year One+ Renewal Year Two + Renewal Year Three+ Renewal Year Four +Renewal Year Five

= TOTAL POINTS AWARDED FOR PRICE PROPOSAL

6.5 Notice of Agency Decision

At the conclusion of evaluation of the Proposals the OAG will announce its intended decision. Notice will be posted on the VIP. The OAG will award to the responsible and responsive Respondent determined to be the most advantageous to the OAG, with the highest total score taking into consideration Technical and Price Proposals. The OAG reserves the right to not make an award under this solicitation, as determined to be in the

24 Department of Legal Affairs 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 responsive, responsible Respondent offering the most…