DMA-RFP-288 Temporary Employment 080123.pdf

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Attached to
Contract Employment Services
Solicitation number
RFP-06091
Issued by
St. Johns County, Florida

About this file

This document is a Request for Proposal (RFP) from the Department of Military Affairs (DMA) in the state of Florida to procure contract employment services. The DMA primarily has contract employment needs in St. Augustine, Starke, and Jacksonville, but also has staffing needs throughout locations in Florida where Armed Forces Reserve Centers (AFRC) and/or state buildings are located. It is anticipated that one contract will be awarded, with a term beginning no later than January 1, 2024 and ending on or about December 31, 2026.

The RFP outlines the scope of work, required qualifications, pricing terms, and evaluation criteria. The DMA expects to expend approximately $2,000,000 annually under the resulting contract. The current contract for these services is held by Athena Consulting LLC and is set to expire on December 31, 2023. Vendors must be registered in MyFloridaMarketPlace prior to contract award. The RFP also includes requirements around employment eligibility verification, scrutinized companies, and public records.

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RFP 288 Addendum I.docx DOCX document
Questions & Answers.docx DOCX document
Appendix A Contract PD Update.pdf PDF
Appendix A Contract Wages Update.pdf PDF

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DMA-RFP-288 Contract Employment Services

Request for Proposal (RFP) Contract Employment Services

Saint Francis Barracks Saint Augustine, FL 32084

Contact Information John D. Connor, Purchasing Director

John.D.Connor2.nfg@army.mil (904) 823-0241 Neal Newton, Contract/Grant Manager

Neal.Newton@dma.fl.gov (904) 823-0243 82 Marine Street

St. Augustine, FL 32084 mailto:John.D.Connor2.nfg@mail.mil mailto:Neal.Newton@dma.fl.gov

Attachment I

Notice of Intent to Participate Solicitation

DMA-RFP-288

Item(s)/Service being Procured Contract Employment Services

Potential proposal/bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below and email this sheet only to the Department of Military Affairs at neal.newton@dma.fl.gov or john.d.connor2.nfg@army.mil or mail to the address below:

State of Florida Department of Military Affairs

State Quartermaster – P&C 82 Marine Street P. O. Box 1008

St. Augustine, Florida 32085-1008

Note: Completion/Submission of this form is for informational purposes only. No information will be provided as a result of submission. All available documentation and solicitation information will be available on the Florida Vendor Bid System unless otherwise noted. The Solicitation document is subject to change. Notice of changes (addenda) will be posted on the Florida Vendor Bid System at www.myflorida.com.

It is the responsibility of all potential proposal/bidders to monitor this site for any changing information prior to submitting your proposal/bid.

Company Name

Authorized Company Representative:

Mailing Address

Telephone No. Fax No.

Email Address mailto:neal.newton@dma.fl.gov mailto:john.d.connor2.nfg@army.mil http://www.myflorida.com/

CALENDAR OF EVENTS

The following time schedule will be strictly adhered to in all actions relative to the RFP, unless modified by the Department by addendum to this RFP.

DATE TIME ACTION LOCATION

Tuesday August 1, 2023

C.O. B Release of Solicitation MyFlorida.com website, Vendor Bid System

Tuesday August 15, 2023

2:00 PM

EST

Final date and time for written question submissions. Questions may be submitted earlier.

Send to:

john.d.connor2.nfg@army.mil and/or neal.newton@dma.fl.gov

Tuesday August 29, 2023 C.O. B

Anticipated date that questions and responses or any changes to the solicitation will be posted on the vendor bid system.

MyFlorida.com website, Vendor Bid System

Thursday August 29, 2023

C.O. B Anticipated date that solicitation amendment may be posted as a result of questions submissions, omissions, changes or clarifications.

MyFlorida.com website, Vendor Bid System

*Tuesday September 12, 2023

*2:00 PM EST *All Proposals/Bids Due.

Proposal/Bid Opening at

2:00 PM EST

*Opening location will be at:

DMA – State Quartermaster

St. Francis Barracks 82 Marine Street

St. Augustine, FL 32084

Tuesday September 26, 2023

C.O. B Post Bid Tab & Notice of Intended Award

MyFlorida.com website, Vendor Bid System

C.O.B – by Close of Business

* Indicates Open Public Meeting. All meetings in the calendar of events (Bid Opening & Evaluations which includes evaluator instructions, questions and clarifications) are open to the public.

mailto:john.d.connor2.nfg@army.mil mailto:neal.newton@dma.fl.gov

Table of Contents

1.0 Invitation & General Information

2.0 General Conditions: PUR 1001-General Instructions to Respondents

3.0 General Conditions: PUR 1000-General Contract Conditions

4.0 Special Conditions

5.0 Statement of Work

6.0 Bid Submittal

Expanded Contents

1.0 Invitation and General Information 1.1 Invitation

1.2 Purchasing Director

1.3 Contract Administrator

1.4 Contract Manager

2.0 2.0 General Conditions PUR 1001 - General Instructions to Respondents

3.0 3.0 General Conditions PUR 1000 - General Contract Conditions

4.0 4.0 Special Conditions 4.1 MyFloridaMarketPlace

4.2 Minority Business Enterprise (MBE) Utilization

4.3 Communications, Bid Questions & Answers

4.4 Estimated Expenditures

4.5 Qualifications

4.6 Department Reservations and Responsiveness

of Bids

4.7 Vendor’s Contractual Obligations

4.8 Copyrighted Materials

4.9 Costs Incurred in Responding

4.10 Bid/Proposal Submission

4.11 Bid/Proposal Opening

4.12 “Drug-Free Workplace” Preference

4.13 Certified Minority Preference

4.14 Review & Evaluation Process

4.15 Identical Evaluation (Tied Score) of Responses

4.16 Posting of Intended Award

4.17 Award of Contract

5.0 Technical Specifications 5.1 Scope of Work

5.2 Background

5.3 Position Descriptions and Pay Scale

5.4 Contractor Responsibilities and Service

Requirements

5.5 DMA Contract Manager Responsibilities

5.6 Pay Classifications/Vendor

Fees/Overhead/Compensation

5.7 Assignment Responsibilities

5.8 Invoicing and Payment

5.9 Performance and Consequences

5.10 Special Considerations

6.0 Bid Submittal & Point Factors for

Evaluation

6.1 Proposal

6.2 Reply Evaluation Criteria

6.3 Price Sheet

6.4 References

6.5 Drug Free Workplace

6.6 Minimum Qualifications Statement

6.7 Vendor Certification Regarding Scrutinized

Companies List

6.8 Cross Reference Table

Attachments A Price Sheet B Reference Sheet C Drug-Free Workplace Program

Certification D Minimum Qualifications Statement E Vendor Certifications F Cross Reference Table G H

Vendor Check List Intent to Participate (page 1) Contract Position Descriptions (PDs) & Contract PD Wages

Appendix A

1.0 Invitation and General Information:

1.1 Invitation: This solicitation is to procure Contract employment services for the Department of Military Affairs (DMA). The DMA primarily has Contract employment needs in Saint Augustine, Starke, and Jacksonville, but also has staffing needs throughout locations in Florida, where Armed Forces Reserve Centers (AFRC) and/or state buildings are located. It is anticipated that one contract will be awarded, and the term of the contract will begin no later than January 1, 2024, and end on or about December 31, 2026.

Vendors submitting a proposal/bid must be registered in MyFloridaMarketPlace prior to contract award. (See NEW REGISTRATION REQUIRED FOR FLORIDA VENDORS section, 4.1). A vendor shall not be considered for an award if not registered in MyFloridaMarketPlace.

1.2 Purchasing Director: The Purchasing Director, acting on the behalf of the Department of Military Affairs, is the sole point of contact with regard to all procurement matters relating to the RFP, from the date of release until the Department's Notice of Agency Decision.

John Connor, Purchasing Director Department of Military Affairs State Quartermaster – P&C 82 Marine Street St. Augustine, Florida 32084 Telephone No. (904) 823-0241 Email: john.d.connor2.nfg@mail.mil

Alternate Physical Address: Department of Military Affairs, State Quartermaster, 82 Marine Street, St Augustine, Florida 32084

1.3 Contract Administrator: The DMA employee identified below is designated as Contract Administrator and shall act on behalf of the Department of Military Affairs for contractual matters and is responsible for maintaining the contract file, financial information and serves as a liaison with the contract managers.

Neal Newton, Procurement Analyst Department of Military Affairs State Quartermaster – P&C 82 Marine Street St. Augustine, Florida 32084 Telephone No. (904) 823-0243 Email: neal.newton@dma.fl.gov

1.4 Contract Managers: The DMA employees identified below are designated as Contract Managers and shall act on behalf of the Department of Military Affairs. The Contract Managers are responsible for enforcing the performance of the contract terms and conditions and serve as liaison with the vendor after the Notice of Agency Decision has been completed and the Contract(s) are executed.

mailto:john.d.connor2.nfg@mail.mil mailto:neal.newton@dma.fl.gov

James Lord, Contract Manager Department of Military Affairs State Human Resources 82 Marine Street St Augustine, FL 32084 Phone: (904) 823-0239 Email: james.d.lord2.nfg@army.mil

James Aarnio, Asst. Contract Manager Department of Military Affairs State Human Resources 82 Marine Street St Augustine, FL 32084 Phone: (904) 823-0245 Email: james.m.aarnio.nfg@army.mil

2.0 General Conditions: General Instructions to Respondents (PUR1001)

This section explains the General Instructions to Respondents (PUR 1001) of the solicitation process. This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return the document to the Department of Military Affairs.

http://dms.myflorida.com/content/download/2934/11780

Exception: PUR1001 Item 3- DMA does not currently accept Electronic Submission of Responses.

Exception: PUR1001 Item 5 - Refer to Section 4.3 Exception: PUR1001 Item 7 – Refer to Section 4.5.3

3.0 General Conditions: General Contract Conditions (PUR 1000) This section explains the General Contract Conditions (PUR 1000) of the solicitation process. This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return this document to the Department of Military Affairs.

http://dms.myflorida.com/content/download/2933/11777

4.0 SPECIAL CONDITIONS

4.1 MyFloridaMarketPlace

Since July 1, 2003, the Department has been using the State of Florida's web-based electronic procurement system, MyFloridaMarketPlace. BIDDERS MUST BE REGISTERED IN THE

STATE OF FLORIDA'S MYFLORIDAMARKETPLACE SYSTEM BY DATE OF THE

CONTRACT AWARD OR THEY WILL BE CONSIDERED NON-RESPONSIVE. All prospective bidders that are not registered should go to:

https://vendor.myfloridamarketplace.com to complete on-line registration or call 1-866-352- 3776 for assisted registration.

4.2 Minority Business Enterprise (MBE) Utilization

DMA encourages the recruitment and utilization of certified and non-certified minority businesses. DMA, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that minority businesses have the opportunity to compete for and perform contract work for the DMA in a nondiscriminatory environment.

mailto:james.d.lord2.nfg@army.mil mailto:james.m.aarnio.nfg@army.mil http://dms.myflorida.com/content/download/2934/11780 http://dms.myflorida.com/content/download/2933/11777

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the Internet at:

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

4.3 Communications, Bid Questions and Answers

No negotiations, decisions or actions shall be initiated or executed by a vendor as a result of any discussion with any State employee. Only those communications that are in writing from the office of Purchasing & Contracts may be considered as duly authorized expressions on behalf of this Department.

Any questions arising from this RFP must be forwarded, in writing, to the procurement official designated in Sections 1.2 or 1.3 above. DMA’s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Bid System at www.myflorida.com (click on "BUSINESS", click on "Doing Business with the State",under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", then click on "Search Advertisements"), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid/proposal.

Only written inquiries from vendors, which are signed by persons authorized to contractually bind that company, will be recognized by the Department as duly authorized expressions on behalf of the vendor.

4.4 Estimated Expenditures

It is anticipated that DMA will expend approximately $2,000,000 annually under any contract resulting from this bid. These estimated figures are given only as a guideline for preparing your bid/proposal and should not be construed as representing actual figures under the contract.

Issuance of this RFP in no way constitutes a commitment by DMA to award a contract. The contract award is contingent upon availability of funds.

4.5 Qualifications

4.5.1 General: The Vendor must prove to the satisfaction of DMA that their company has actively and normally been engaged in business for the services/items being procured under this solicitation for at least three (3) years of continuous operation. (This shall be demonstrated through references which have been in place at least one (1) continuous year). The Bidder shall have available under their direct supervision the necessary organization, experience, equipment, and staff to properly fulfill all the conditions, requirements, and specifications required under this solicitation.

4.5.2 Vendor Qualifications: When submitting the bid/proposal, each respondent must submit a written statement, detailing their qualifications that demonstrate they meet the minimum qualifications contained in 4.5.1. Failure by the bidder/proposer to provide the above item(s) will constitute a non-responsive determination. Bids/Proposals found to be non-responsive will not be considered. Attachment D is provided for your convenience and may be used as part of your bid/proposal. This form is not required for an RFP as it may not offer sufficient space for the detail required. However, submission of the form https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd may assist in the initial review (See 4.13) in determining that the requirements of 4.5.1 have been met.

4.5.3 Convicted Vendors: 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 threshold amount provided in Florida Statute 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

4.5.4 Authorized to do Business in the State of Florida: In accordance with sections 607.1761, 608.501, and 620.169, Florida Statutes, foreign corporations, foreign limited liability companies, and foreign limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the bid due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

4.5.5 License to conduct services in the State of Florida: If the services being provided require that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the bid/proposal due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For licensing, contact:

Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797

(850) 487-1395

4.6 Department Reservations and Responsiveness of Bids

4.6.1 Valid Proposal: A responsive offer in full compliance with the Request for Proposal specifications and conditions by a responsible person or firm. The responsiveness of a bid/proposal shall be determined based on the documents submitted with the proposal and attendance at the mandatory briefing. Vendors shall submit the original and three (3) copies of the bid/proposal.

The responsiveness of the bid/proposal is the responsibility of the Offeror and will be determined during the evaluation process.

a. Responsive offer means a person or firm that has submitted a bid/proposal and that bid/proposal conforms in all material respects to the Request for Proposal.

b. Responsible or qualified Offeror means a person or firm with the capability in all respects to perform fully the Contract requirements and the integrity and reliability to assure good faith performance. Failure to provide information to determine responsibility in response toa condition of a bid/proposal requiring information may be cause for such bid/proposal to be rejected.

4.6.2 General: DMA reserves the right to accept or reject any or all bids/proposals received and reserves the right to make an award without further discussion of the bids submitted. Therefore, the bidder should make sure that the bid package submitted is complete and accurate and ensure delivery on or before the bid opening time and date specified in this solicitation. It is understood that the bid will become a part of DMA's official file, without obligation to DMA.

4.6.3 Responsiveness of Bids: Proposals/bids will not be considered if not received by DMA on or before the date and time specified as the due date for submission. All proposals/bids must be typed or printed in ink. Offers by facsimile or telephone are not acceptable. A responsive proposal/bid is an offer to perform the scope of services called for in this RFP in accordance with all requirements of this RFP. Proposals/bids found to be non-responsive will not be considered. Proposals/bids may be rejected if found to be irregular or not in conformance with the requirements and instructions contained herein. A proposal/bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid requirements, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. All bid/proposal prices shown on the price sheets submitted are final and mistakes will be at proposer/bidder’s risk. Please refer to the last page of Attachment F for additional information regarding the review and evaluation process.

4.6.4 Other Conditions: Other conditions which may cause rejection of bids/proposal include, evidence of collusion among bidders, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the United States Comptroller General's List of Ineligible Contractors for Federally Financed or Assisted Projects.

4.7 Vendor’s Contractual Obligations

The Vendor will be required to ensure that each individual, partnership, firm, corporation, or subcontractor that performs on this contract, will be subject to, and comply with, the contractual requirements.

4.7.1 Employment Eligibility Verification: Executive Order 11-02, signed January 4, 2011, by the Governor of Florida, requires contracts to expressly require that Vendor utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of:

(a) All persons employed during the Contract term by Vendor to perform employment duties within Florida; and,

(b) All persons (including subcontractors) assigned by Vendor to perform work pursuant to this Contract, i.e., the Vendor must require its subcontractors to utilize the E-Verify system for its employees assigned to this Contract.

E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security’s E-Verify system can be found at:

http://www.dhs.gov/files/programs/gc_1185221678150.shtm

Compliance with the requirements of this section is required prior to commencing performance under any Contract issued as a result of this solicitation.

4.7.2 Unauthorized Aliens: The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act (8 U.S.C.

1324a). If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract.

4.7.3 Vendor Certification Regarding Scrutinized Companies: Section 287.135, Florida Statutes prohibits agencies from contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List. Both lists are created pursuant to section 215.473 Florida Statutes. The lists are updated quarterly and can be viewed at http://www.sbafla.com/fsb/Default.aspx?tabid=751 .

4.7.4 Liability Insurance: The Vendor shall not commence any work until they have obtained the following types of insurance. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been so obtained. The Vendor shall submit the required Certificates of Insurance to the Florida Department of Military Affairs, Procurement Office, Attention: John Connor, 82 Marine Street, St. Augustine, Florida 32084 within ten (10) days after the ending date of the period for posting the intended award decision.

The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $100,000.00 per person and $300,000.00 each occurrence, and property damage insurance of at least $100,000.00 each occurrence, for the services to be rendered in accordance with this contract.

All insurance policies shall be with insurers qualified and licensed to do business in the state of Florida. Such policies shall provide that the insurance is not cancelable except upon thirty

(30) days prior written notice to DMA.

DMA shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Vendor or subcontractor providing such insurance.

4.7.5 Preferred Price: The Vendor agrees to submit to the Department at least annually an affidavit from an authorized representative attesting that the Vendor is in compliance with the preferred pricing provision of Section 4(b) of form PUR 1000.

4.7.6 Inspector General Requirements

In accordance with 20.055 (5), “It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the corporation, partnership, or http://www.dhs.gov/files/programs/gc_1185221678150.shtm http://www.sbafla.com/fsb/Default.aspx?tabid=751 person understands and will comply with this subsection.”

4.7.7 Public Records

The Vendor shall comply with Chapter 119, Florida Statutes. Specifically, the Vendor shall:

(1) Keep and maintain public records required by the Department to perform the service.

(2) Upon request from the Department’s custodian of public records, or his designee, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Vendor does not transfer the records to the Department.

(4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in possession of the Vendor or keep and maintain public records required by the Department to perform the service. If the Vendor transfers all public records to the Department upon completion of the contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of records, or his designee, in a format that is compatible with the information technology systems of the Department.

If the Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the Vendor’s duty to provide public records relating to this Contract, contact the Custodian of Public Records at:

Florida Department of Military Affairs Attn: John Connor 82 Marine Street Saint Augustine, FL 32144 John.D.Connor2.nfg@mail.mil

(904) 823-0241 FAX (904) 823-0153

4.8 Copyrighted Materials

Copyrighted material will be accepted as part of a proposal/bid only if accompanied by a waiver that will allow DMA to make paper and electronic copies necessary for the use of DMA staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to mailto:John.D.Connor2.nfg@mail.mil viewing by the public, but copies of the material will not be provided to the public.

4.9 Costs Incurred in Responding

This Request for Proposal does not commit the Department or any other public agency to pay any costs incurred by the bidder in the submission of a bid or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

4.10 Bid/ Proposal Submission

4.10.1 GENERAL

Sealed Proposals/bids will be received until (2:00 PM), local time, on September 12, 2023.

Proposals/bids received after that time and date will not be considered. By submitting a proposal/bid, the bidder represents that it understands and accepts the terms and conditions to be met and the character, quality, and scope of services to be provided. The bidder/proposer must use the attached "Bid Sheet" to submit their Proposal/bid. All proposals/bids and associated forms must be signed and dated in ink by a duly authorized representative of the bidder. Each bidder must fully acquaint themselves with the conditions relating to the performance of services under the conditions of this solicitation. The Vendor shall submit the original and three (3) copies of the bid/proposal. The RFP number, opening date and time should appear on the envelope of the proposal/bid. DMA does not currently accept electronic submissions. The evaluation process will begin immediately following the bid opening.

4.10.2 Mail or Deliver Proposals/Bids to: (DO NOT FAX)

Florida Department of Military Affairs SQM, Purchasing & Contracts 82 Marine Street St. Augustine, Florida 32084 Attention: Neal Newton

4.10.3 Modifications, Re-submittal and Withdrawal

Bidders may modify submitted proposals/bids at any time prior to the due date. Requests for modification of a submitted proposal/bid shall be in writing and must be signed by an authorized signatory of the bidder. Upon receipt and acceptance of such a request, the entire proposal/bid will be returned to the bidder and not considered unless resubmitted by the due date and time. Bidders may also send a change in a sealed envelope to be opened at the same time as the bid. The RFP number, opening date and time should appear on the envelope of the modified proposal/bid.

4.10.4 Attachment to RFP Submittal – Confidential Material

The Vendor must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Request for Proposal, Number DMA-RFP-288 Confidential Material". The Vendor must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Vendor asserts to be exempt from public disclosure and placed elsewhere in the proposal will be considered waived by the Vendor upon submission, effective after opening.

4.11 Bid/Proposal Opening

The sealed bids/proposals will be opened by the DMA’s Procurement Office personnel at 82 Marine Street, St. Augustine, Florida 32084 on September 12, 2023, at 2:00 PM. The names and addresses of all respondents will be read at the opening. DMA has chosen not to announce prices or release other materials pursuant to FS 119.071(1)(b). All bid openings are open to the public, if you plan on attending the opening, please plan accordingly as parking is limited and security processing time to gain access to building.

4.12 “Drug Free Workplace” Preference Whenever two or more bids, which are equal with respect to price, quality, and service are received, a bid received from a business that certified that it has implemented a drug-free workplace program in accordance with Section 287.087, F.S., will be given preference inthe award process. The "Drug-Free Workplace Program Certification" must be completed for this preference.

4.13 Certified Minority Preference

Whenever two or more bids, which are equal with respect to price, quality, and service, are received, a bid received from a business that certified as “Florida certified minority business enterprise” will be given preference in the award process in accordance with 287.087(11). A copy of the Department of Management Services certification must be included in the bid package for consideration and/or preference.

4.14 Review and Evaluation Process

DMA will conduct a comprehensive, fair, and impartial review and evaluation of all proposals received in response to this RFP in compliance with the due dates specified in the Timeline.

Any proposal identified during the Purchasing Office’s review process as failing to meet mandatory responsiveness requirements of Section 4.5.1 and submission of the fully executed and completed mandatory forms will not be evaluated.

This section provides an overview of the proposal review and evaluation process. Items 1-4 will begin on the date and time specified in the Timeline, the evaluation of proposals may last for several days, No. Process Conducted By 1 Public Opening of Proposal Submissions Purchasing Office Staff 2 Review of Mandatory Responsiveness

Requirements of Proposal Submissions Purchasing Office Staff

3 Instructions are provided to the Evaluating Team Purchasing Office Staff 4 Evaluation of Proposal Submissions Begin (last for several days.)

Evaluation Team

5 Cost Proposal Score Tabulation Purchasing Office Staff 6 Tabulation of Evaluating Team Scores and the

Cost Proposal Scores Purchasing Office Staff

7 Ranking of Proposals - Based on Total Scoring Points

Purchasing Office Staff

8 Posting of Bid Tabulation and Notice of Agency Decision

Purchasing Office Staff

Selection of a successful Proposer will be based on the highest-ranking responsive proposal that is determined to be in the best interest of the State, taking into consideration the criteria set forth in the RFP.

4.15 Identical Evaluation (Tied Score) of Responses

In the event the evaluation process results in identical scores, DMA will select a respondent based on the criteria identified in Rule 60A-1.011 F.A.C. and applicable Florida Law.

4.16 Posting of Intended Award

4.16.1 General

DMA's decision will be posted on the Florida Vendor Bid System at www.myflorida.com, (click on "BUSINESS", click on "Doing Business with the State", under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", on September 22, 2023, and will remain posted for a period of seventy two (72) hours. Any bidder who is adversely affected by the DMA's recommended award or intended decision must file protest in accordance with Florida Statute Section 120.57(3).

4.16.2 Inability to Post

If DMA is unable to post as defined above, DMA will notify all bidders by electronic notification on the Florida Vendor Bid System, by mail, and/or by fax.

4.16.3 Request to Withdraw Bid

Requests for withdrawal will be considered if received by DMA, in writing, within seventy-two (72) hours after the bid opening time and date. Requests received in accordance with this provision will be granted by the Department upon proof of the impossibility to perform based upon obvious error on the part of the bidder. Bidders that do not withdraw as stated above will forfeit their bid bond, if applicable.

4.17 Award of the Contract

Services will be authorized to begin when the Vendor receives a written document incorporating the terms and conditions of the solicitation, the vendor’s proposal/bid indicating the encumbrance of funds and award of the contract.

5.0 Technical Specifications

5.1 Scope of Work: This solicitation is to procure Contract staffing services for the DMA.

The DMA primarily has Contract staffing needs in Saint Augustine, Starke, and Jacksonville, but also has staffing needs throughout locations in Florida, where Armed Forces Reserve Centers (AFRC) and/or state buildings are located. The services are expected to begin on or about January 1, 2024, and end on or about December 31, 2026. Employment services covered by this solicitation shall be provided to meet the following needs:

a. To accomplish mission essential tasks for which there is no full-time equivalent (FTE) state position or when there is a critical need for a DMA department that may not be immediately satisfied by state employment.

b. To handle peak workloads or special projects, especially in times of emergencies.

c. To fill critical/essential positions during temporary absences of other contract Staff or permanent state employees during leave periods, medical, or unexpected absences.

d. To supply specialized and/or temporary employment needs on a full-time or part-time basis as the DMA deems necessary.

e. The Contract Vendor and its employees, agents, representatives, or subcontractors are not employees of the DMA and are not entitled to the benefits of State of Florida employees. This includes scheduled and unscheduled state paid time off (to include holidays), DMA employee training and special events for state employees that are scheduled during regular working hours. The contractor, nor its employees, shall in no manner be deemed an employee of the State of Florida or deemed to be entitled to any benefits associated with such employment.

5.2 Background: Contract employment services are currently being provided to the DMA by Athena Consulting LLC with pricing based on an Agency established pay scale and set administrative fees for each job class. Athena Consulting LLC currently provides approximately ninety-five (95) contract workers pursuant to the existing contract which expires on December 31, 2023.

The anticipated contract award term will begin on or about January 1, 2024. It is anticipated that the contract workers provided under the existing contract will transfer to the resultant contract.

At the termination of this contract, the Contractor will deliver, within fifteen (15) working days PRIOR TO the end of this contract, all personnel files of all contract employees assigned to the Department of Military Affairs. The personnel file shall include all:

applications, performance evaluations and/or MFRs, background checks, drug screenings, driving records, driver’s license verifications, salaries, and benefits history.

5.3 Position Descriptions and Pay Scale: Appendix A is the list of employment class types anticipated to be used by DMA on a Contract staffing basis. This list may incur modifications, corrections, pay rate changes, additions and/or deletions throughout the contract term.

a. Any modifications, corrections, pay rate changes, additions and/or deletions of positions identified within Appendix A of the contract will be mutually agreed upon in writing by the Contract Vendor and DMA Contract Manager and documented utilizing an amendment to the contract signed by both parties.

b. The DMA, in cooperation with the contractor, will determine pay rates based upon Appendix J. DMA’s payment responsibility will be for hours worked and the contracted percentage markup only.

c. The DMA SHRO Director maintains the authority to modify hourly rates to ensure consistency and parity for the contract job titles relative to like job titles and duties performed by state employees.

d. Off-duty contract employment or “moonlighting” involving state employees is permissible with written approval from the state employee’s supervisor/program manager and approved by the DMA SHRO Director. The off-duty employment must be conducted appropriately and in accordance with the most current State HR-DMA Moonlighting/Off-Duty Employment Policy.

e. There is no guarantee of 40 hours per week for any position.

f. When DMA assets (personnel and/or equipment) are needed to support State Active Duty (SAD) objectives under an Executive Order by the Governor; existing contract personnel may be assigned to perform mission essential tasks, regardless of position descriptions or position titles.

g. Contract workers assigned to the DMA are eligible under the Fair Labor Standards Act (FLSA) to be utilized for an emergency and entitled to overtime payments since the Executive Order satisfies the emergency declaration requirement of the Overtime Policy.

5.4 Contractor Responsibilities and Service Requirements:

a. Active communications between the Contract Vendor and DMA supervisory personnel in charge of contract workers is encouraged and expected. The DMA Contract Manager must always be included in communications between the Contract Vendor and DMA supervisory personnel.

1. The Contractor is required to respond to DMA Supervisory personnel and the DMA Contract Manager (or his/her representative) within two (2) working days of an email inquiry, and within one

(1) working day of a phone call made to the Contractor.

b. The Contractor is responsible for corrective actions and/or discipline required for contract workers not meeting DMA supervisory expectations. Corrective actions must be executed in coordination with DMA Supervisory personnel within three (3) working days of reporting a personnel issue to the Contractor.

1. DMA supervisors are encouraged to create a memorandum for the record (MFR) to document adverse behaviors and/or poor performance of contract workers and forward them to the Contract Vendor and DMA Contract Manager for appropriate action.

2. Depending on the seriousness of the personnel discrepancy, the DMA Supervisor may send the contracted worker home without pay until a corrective action is determined/executed.

c. The Contractor must remain in compliance with all state and/or federal laws in effect during the contractual period (including extension or renewal periods). The Contractor must also remain in compliance with chapter 119 F.S. records retention requirements.

d. The Contractor is responsible for the administration and maintenance of all employment and payroll records, payroll processing, remittance of payroll and taxes, including the provision of payroll time sheets, checks, and delivery of checks. The Contractor will also ensure the prompt delivery of accurate invoicing for services provided to the DMA.

e. The contractor will assume the cost of wages, benefits, and taxes paid to personnel utilized during the contractual period. The Contractor will identify and provide a regular pay period and ensure that contract workers are paid within an acceptable time period from time and attendance records. A copy of completed time and attendance records from all contract workers must be furnished and submitted with invoices to the DMA Contract Manager or his/her designee on a monthly basis.

1. Invoices and time sheets will be sent to the DMA Contract Manager within one week of the contract vendor’s monthly pay period closing.

f. The Contractor will be responsible for all Workers’ Compensation Liability Insurance (WCLI).

Reporting of injuries and/or hospitalization incurred at work shall be reported in accordance with the Contractor’s reporting procedures. Reporting of Workers’ Compensation claims information (telephone, fax) shall be available to all contract workers at time of hiring and as requested.

1. Proof of Worker’s Compensation Liability Insurance shall be provided to the DMA Contact Administrator within 10 days of contract award and on an annual basis throughout the life of the contract. The Contractor shall also provide immediate notice of any major changes in WCLI, upon occurrence, during the life of the contract.

g. The Contractor will make all contributions for unemployment compensation funds as required by Federal and State laws, and process claims as indicated.

h. The Contractor must provide availability of the following services to all contract workers assigned pursuant to the resultant contract:

1. Job applications, taxation forms, etc.

2. Ability to receive Fax and Email submissions from employees and DMA.

3. Availability of direct deposit, at no cost to the employee.

4. Access to Health, Dental, and Life Insurance (as the law requires).

5. Access to a 401K Plan or similar plan.

i. If the contractor offers benefits, in addition to those listed above, DMA recommends caution when computing the percentage bid price, as this may produce a negative result.

j. The Contractor shall maintain a pool of candidates in order to provide the DMA with a qualified applicant within five (5) business days of receipt of Form 684, requesting a contract worker. The Contractor will provide the DMA the option of interviewing potential new contract workers (if requested), prior to assignment, at the Contractor's expense, with interviews limited to one (1) hour. Upon selection of a qualified candidate, the Contractor shall onboard the candidate and identify a start date within ten (10) business days.

k. The Contractor must have the ability to provide a variety of reporting information, within three (3) business days of request, that may become necessary during the contract term. This shall include at a minimum, any requested personnel records, a list of contract workers currently provided to the DMA through this contract; vacancy status/onboarding reports, background checks and drug screening results, history of wage increases and hiring dates, driver license verifications, monthly and annual reporting requests, copies of FLNG Form 684 (DMA’s personnel action document), etc.

l. The Contractor will not process personnel actions without a properly signed FLNG Form 684 as it relates to contract labor, including but not limited to, position assignment requests and approvals, pay changes, position changes, and terminations (end of assignments). Properly signed Form 684 includes all applicable information included within the spaces provided, to include all signatures at the bottom of the form.

m. Any Florida Retirement System (FRS) retiree who terminates all employment relationships with the state, as provided in Florida statute 21.021(39), but is reemployed within one (1) year of retirement date is in violation of the reemployment provisions of subsection (9), will have their retirement benefits suspended during those months in which the retiree is in violation. The Contract Vendor will verify the FRS participant status of all prospective contract workers on the Form 684 section provided.

n. Nepotism/Employment of Relatives (Florida Statutes Section 112.3135). State employees may not employ, promote, advance, or advocate the employment, promotion, or advancement of an individual who is a relative, to a position in the agency over which he or she exercises jurisdiction or control. The Contract Vendor will verify relationship status of all prospective contract workers on the Form 684 section provided.

o. The Contractor shall perform required Level I and/or Level II (selected positions) background checks (including criminal history checks) in accordance with Florida Statute 435. The Contractor will also perform drug screenings on their contract workers assigned as a result of this contract.

1. Contingent staff may be persons of special trust and may be required to undergo a Level II background check.

2. The contractor is responsible for all scheduling and background check fees.

3. The Contractor may not allow any contingent staff to provide services to the DMA if they do not meet the qualification standards established in accordance with Florida Statute 435.

4. Criminal matters requiring reporting during the term of the contract include arrest, charge, indictment, information, conviction, plea of guilty or plea of no contest, regardless of whether adjudication is withheld, and regardless of whether the criminal matter occurred within or outside of the workplace.

5. The Contractor shall report any criminal matter to the DMA (Contract Manager) within one

(1) business day of discovery.

p. The Contract Vendor will document and verify the driver’s license status of all contracted workers assigned to the DMA. All contract workers may be required to drive a state or federal government GSA vehicle, and in the case of the Florida Youth Challenge Academy (FLYCA) program, workers may transport students for state operational purposes; thereby, requiring a current valid driver’s license. The

Contractor’s liability insurance defined in Section 4.7.4 must be inclusive of the potential driving requirements.

q. The Contractor shall be liable or responsible for any accidents, loss of personal property or any other damages that may arise as a result of this contract. Furthermore, the contractor shall agree to indemnify and hold harmless the DMA for any and all claims, demands, lawsuits or any other action arising from the services/labor under this contract.

1. All accidents and injuries involving contract workers in the performance of assigned work duties must be reported immediately to the Contract Vendor’s designated representative and the applicable DMA Facility Manager, DMA Contract Manager, and DMA Safety Officer. Liability insurance certification will be provided in accordance with Section 4.7.4 and on an annual basis thereafter for the life of the contract.

r. The Contractor will provide a company Point of Contact (POC) or an account manager to ensure effective communications with the DMA Supervisors and Contract Manager. The POC information shall include a name, business telephone number, cell phone number, if applicable, and an email address.

5.5 DMA Contract Manager Responsibilities: The DMA Contract Manager, or his/her designee, will initiate and maintain active communications with the Contractor. The DMA Contract Manager will identify contract worker requirements and determine the appropriate job class title to be used based on the duties and responsibilities provided by DMA Program Managers (end user).

a. The Contract Manager, or his/her designee, will verify the accuracy of information and signature validation of all FLNG Form 684 (Request for Contract Worker) requests for contract workers. Upon approval of information provided and verification of signatures, the DMA Contract Manager will submit the Form 684 to the Contractor within three (3) working days.

1. The DMA will not accept responsibility for staffing placement without the DMA SHRO-approved Form 684, excluding official State emergencies. Deviations from this process (on a case-by-case basis) shall be agreed upon by the DMA Contract Manager and Contractor.

b. The DMA Contract Manager will monitor Contract Vendor performance. This is not to be misconstrued as contract worker performance. This exclusively refers to monitoring of the Contractor’s timely response to new staffing requests, the Contractor’s ability to provide supervision/monitoring of assigned contract workers, the Contractor’s ability to handle contract worker disputes, the Contractor’s ability to provide timely reporting requirements and accurate invoicing, and the ability to provide ongoing and effective communications with the DMA.

c. The DMA Contract Manager will ensure that all invoices are processed in compliance with Florida Statutes 215.422 and 287.0585.

d. The DMA Contract Manager reserves the right to have contract workers relieved of further service under the contract at the discretion of the DMA for incompatibility with duty or assignment. No other reason need be given.

e. The Contract Manager, at contract inception, shall provide the Contract Vendor chapter 119 F.S. records retention requirements.

5.6 Pay Classifications/Vendor Fees/Overhead/Compensation: The DMA will coordinate and provide the Contractor, through the completed form 684, with the information needed for each contract position assigned in accordance with Appendix A of the contract. The rate, along with the rate bid value/percentage, is the authorized billing amount for individual contract workers. The contractor’s compensation will be their set value/percentage added to that rate. Example:

Staffer Name Title Hourly Rate # of Hours Worked

Gross Pay Bid Value (15%)

Total Billed

John Doe Stock Clerk $15.00 40 $600.00 $90.00 $690.00 Jane Doe Admin Asst $21.50 40 $860.00 $129.00 $989.00

a. Overtime will be paid to contract workers when they are required to work in excess of 40 work hours during a regular work pay period. All overtime must be approved by the requesting end user unless in an emergency. Overtime will be paid in accordance with the Fair Labor Standards Act (FLSA) on the basis of 1.5 times the assigned contract worker’s hourly rate and FLSA work schedule. The overtime rate will not affect the Contractor’s value/percentage rate.

b. Some government DMA facilities are somewhat unique in that the Agency has a variety of work schedules. The majority of DMA administrative offices work an Alternate Work Schedule (AWS), whereas every other Monday is a…

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