DMS-2223-007 ITN.pdf

ITN No. DMS-22/23-007 Real Estate Services Page 1 of 25

4050 Esplanade Way Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary

INVITATION TO NEGOTIATE

FOR

REAL ESTATE SERVICES

ITN NO. DMS-22/23-007

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

Refer ALL inquiries to:

Procurement Officer: Pegah Bowman

Departmental Purchasing State of Florida, Department of Management Services

4050 Esplanade Way, Suite 260.9Y

Email: DMS.Purchasing@dms.fl.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (F.S.), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850-922-6312, or by email at agencyclerk@dms.fl.gov. It is the filing party's responsibility to meet all filing deadlines.

NOTICE PURSUANT TO SECTION 287.057(25), F.S.

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 response.

mailto:DMS.Purchasing@dms.

mailto:agencyclerk@dms.fl.gov

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 Solicitation Overview

1.2 Definitions

1.3 Background

1.4 Questions Being Explored

1.5 Goals of the ITN

1.6 Term

1.7 Special Accommodations

1.8 Procurement Officer

1.9 Timeline of Events

1.10 Order of Precedence for Solicitation

SECTION 2. SOLICITATION PROCESS

2.1 General Description of ITN Procedure

2.2 Questions and Answers

2.3 Addenda to the Solicitation

2.4 Receipt of Replies

2.5 Diversity

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

3.2 Special Instructions

3.3 MFMP Registration and Florida Substitute Form W-9 Process

3.4 How to Submit a Reply

3.5 Contents of Reply

3.6 Mandatory Responsiveness Requirements

3.7 Rejection of Replies

3.8 Additional Information

SECTION 4. SELECTION METHODOLOGY

4.1 Determination of Replies’ Responsiveness for Evaluation

4.2 Evaluations

4.3 Negotiations

4.4 Final Selection and Notice of Intent to Award Contract

SECTION 5. AWARD

5.1 Equal Replies

5.2 Rights for Award

5.3 Agency Decision

5.4 Other Reserved Rights

5.5 No Contract until Execution

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Attachments:

Attachment A – Scope of Work Attachment B – Labor Rate Schedule Attachment C – Performance Standards and Guarantees Attachment D – Commission Schedule Attachment E – Engagement Checklist Attachment F – Service Credit Hours Accounting Form Attachment G – Service Credit Hours Direct Order Request and Approval Form (DMS Only) Attachment H – Tenant Broker Evaluation Form Attachment I – Evaluation Criteria and Scoring of Replies Attachment J – List of Private Leases Attachment K – Draft Contract Attachment L – Commission Agreement Attachment M – Regional Map

Forms:

Contact Information Form Notice of No Conflict of Interest Mandatory Responsiveness Requirements Form

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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SECTION 1. INTRODUCTION

1.1 Solicitation Overview

The State of Florida, Department of Management Services (Department or DMS), Division of Real Estate Development and Management (REDM) is issuing this solicitation to establish contract(s) for Real Estate Services including, but not limited to, assisting and representing the Department and other Eligible Users in private sector leasing transactions in accordance with section 255.249(11), Florida Statutes (“F.S.”). This solicitation will be administered through the Business Network within MyFloridaMarketPlace (MFMP) and the Vendor Information Portal (VIP). Vendors interested in submitting a Reply must register for a Business Network account and comply with all solicitation terms and conditions. The Department intends to make up to three statewide awards but reserves the right to award by geographic area or Region. However, the Department reserves the right to make less than three statewide awards or make no awards.

1.2 Definitions

Capitalized terms used in this ITN and its attachments have the meaning ascribed in this Section

1.2. Defined terms in Attachment A – Scope of Work, Attachment K – Draft Contract, the PUR 1000, the PUR 1001, and section 287.012, F.S., are incorporated herein by reference.

Business Day means Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8 a.m. to 5 p.m., local time.

Business Network means the secure platform for Vendors to indicate participation in formal and informal solicitations and to submit responses to those solicitations electronically.

Confidential Information means information in the possession or under control of the State or Vendor that is exempt from public disclosure pursuant to section 24, Article I of the Constitution of the State; the Public Records Law, Chapter 119, Florida Statutes; or to any other Florida law, federal law or regulation that serves to exempt information from public disclosure.

Contract means a binding agreement that results from this competitive procurement, if any, between the Department and the Vendor. (This definition replaces the definition in the PUR 1000).

Contractor means a Vendor that enters into a Contract as a result of this solicitation.

Department means the Florida Department of Management Services.

Division means the Department’s Division of Real Estate Development and Management (REDM).

Financial Reply means a Respondent’s completed Attachment B – Labor Rate Schedule.

ITN means Invitation to Negotiate No. DMS-22/23-007, including all attachments and addenda to the Invitation to Negotiate.

MyFloridaMarketPlace (MFMP) means the State’s eProcurement system. MyFloridaMarketPlace, at https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace.

Real Estate Services – Includes services performed by an entity or individual duly licensed or certified pursuant to Part I of Chapter 475, F.S., including all actions in furtherance of lease transactions, portfolio strategies, real estate consulting services, and assistance in preparing reports and strategic planning contemplated by the Florida Legislature or Governor’s Office. The https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace

Real Estate Services Page 5 of 25 services are performed by the Contractor pursuant to the terms of this Contract and a Customer’s

SOW.

Region means a geographic area within the State represented on Attachment M – Regional Map.

Reply means a Respondent’s formal response to an ITN. Response and Reply are used interchangeably herein.

Respondent means a Vendor who submits a Reply to this ITN.

State means the State of Florida.

Technical Reply means a written narrative and other documentation as requested in Attachment I – Evaluation Criteria and Scoring of Replies, which is evaluated based on the criteria in Attachment I – Evaluation Criteria and Scoring of Replies, which evaluation team members will independently review, evaluate, and score in accordance with the evaluation criteria.

Vendor means an entity that is in the business of providing a commodity or service similar to those within this solicitation.

Vendor Information Portal (VIP) means the State’s bidding system developed in accordance with section 287.042(3)(b)2, F.S. The Vendor Information Portal is accessible at:

https://vendor.myfloridamarketplace.com/.

In the event of a conflict between the terms incorporated from Florida Statutes and those contained within these documents, the definitions in these documents control.

1.3 Background

The State of Florida currently maintains a portfolio of approximately 13.4 million square feet of state-owned and private sector leased space, with annual occupancy costs of approximately $244 million per year. In order to lease and manage this space, the Department currently contracts with two vendors for Tenant Broker Real Estate Services. Specifically, the current vendors:

a) Act as the State’s tenant brokers to competitively negotiate and develop private sector lease agreements;

b) Provide space management services using State’s recommended space utilization standards;

c) Provide tenant representation services for the Eligible Users, from lease negotiation through move in and build out;

d) Identify strategic opportunities to reduce occupancy costs through the consolidation, relocation, reconfiguration, capital investment, and the selling, building, or acquisition of space; and

e) Outline any additional real estate related services or concepts for adding value to the State’s processes. This also includes ad hoc energy efficiency evaluations.

1.4 Questions Being Explored

The Department would like to explore the following questions:

a) How can the Department and the Contractor(s) efficiently and effectively provide Real Estate

Services on a statewide or Regional basis?

b) How can the Department ensure that the State is leasing an appropriate amount of space at prices that do not exceed market value?

https://vendor.myfloridamarketplace.com/

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c) How can the State utilize Real Estate Services to further plan and prepare for the State’s anticipated real estate needs?

d) What value propositions can vendors offer today or during the term of the contract that are in the best interest of the State?

1.5 Goals of the ITN

The goal of this ITN is to determine the best value provider(s) of Real Estate Services, and as follows:

• To establish one or more Contracts for Real Estate Services;

• To identify experienced Respondents capable of providing the services detailed in this solicitation;

• To determine Respondents’ ability to work with the Department and Eligible Users to provide the services required;

• To identify Respondents with the ability to negotiate the best leasing value for the State; and

• To identify Respondents with the knowledge, ability, and skill to assist the Department and further advance the State’s real estate needs.

1.6 Term

The term of the Contract is as specified in Attachment K – Draft Contract.

1.7 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at 850-922-7535 or ADA.Coordinator@dms.fl.gov at least five Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at 800-

955-8771 (TDD).

1.8 Procurement Officer

The Procurement Officer is the sole point of contact as described in PUR 1001, Section 21.

Contact with the Procurement Officer will be in writing by email. The Procurement Officer for this solicitation is:

Pegah Bowman Purchasing Analyst, Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 260.8Z

Email: DMS.Purchasing@dms.fl.gov

***ALL EMAILS TO PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL.***

If a Respondent claims that any portion of an email is trade secret under section 812.081, F.S., or otherwise confidential under Florida or Federal Law, the Respondent is to place the word “Confidential” in the subject line.

1.9 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check for any mailto:ADA.Coordinator@dms.fl.gov mailto:DMS.Purchasing@dms.fl.gov

Real Estate Services Page 7 of 25 changes. All changes to the Timeline of Events will be made through addendums to the solicitation in MFMP and VIP. Respondents are responsible for submitting all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda). The Department will not consider late submittals.

Timeline of Events Event Time (Eastern Time) Event Date

Solicitation posted in MFMP and VIP April 10, 2023

Deadline to submit questions to the Procurement Officer 11:59 p.m. May 21, 2023

Department’s anticipated posting of answers to Respondent’s questions in MFMP and VIP June 6, 2023

Deadline to submit a Reply and all mandatory responsiveness requirements in MFMP 2:00 p.m. July 19, 2023

Public Opening.

Conference Room 101 4050 Esplanade Way Tallahassee, FL 32399

3:00 p.m. July 19, 2023

Anticipated Evaluation Phase July 24, 2023 – September 1, 2023

Anticipated Negotiations Phase September 18, 2023 – November 9, 2023

Anticipated Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way Tallahassee, FL 32399

3:00 p.m. November 29, 2023

Anticipated date to post Notice of Intent to Award in MFMP and VIP December 12, 2023

Anticipated Contract start date Upon execution

1.10 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this ITN, the conflict will be resolved in the following order of priority (highest to lowest):

a) Addenda to ITN, if issued (in reverse order of issuance)

b) Attachment I – Evaluation Criteria and Scoring of Replies

c) This ITN document

d) Attachment K – Draft Contract

e) Attachment B – Labor Rate Schedule

f) All other ITN attachments.

SECTION 2. SOLICITATION PROCESS

2.1 General Description of ITN Procedure

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The ITN is a method of competitively soliciting contractual services under Chapter 287, F.S.

Vendors can submit formal questions in writing to the Procurement Officer by the deadline listed in Section 1.9, Timeline of Events. Replies must be submitted by the deadline listed in Section 1.9, Timeline of Events. The Department will hold a public opening of the Replies at the date, time, and location provided in Section 1.9, Timeline of Events. The Department will perform an initial responsiveness check. Only Responsive Replies will be provided to the evaluators for evaluation.

The ITN process is divided into two phases: the evaluation phase and the negotiation phase. The evaluation phase involves the Department’s evaluation of Replies in accordance with Section 4.2, Evaluations. During this phase, the Department’s evaluation team evaluates the Technical Replies from all Responsive Replies in accordance with Attachment I – Evaluation Criteria and Scoring of Replies. The final scores for the Respondents, calculated in accordance with Attachment I – Evaluation Criteria and Scoring of Replies will be used by the Department to establish a competitive range of Replies reasonably susceptible of award. The Department then selects one or more Respondents within the competitive range with which to commence negotiations.

The negotiation phase involves negotiations by the negotiation team with the Respondent(s) who were determined to be within the competitive range and were selected to participate in negotiations.

During the negotiation phase, the Department may request revised Replies and/or Best and Final Offers (BAFOs), based on the negotiations.

Once negotiations have concluded and BAFO(s) have been received and reviewed, the Department will hold a Negotiation Team Public Meeting to recommend a Contract award(s). The Department intends to then post a Notice of Intent to Award a Contract(s), identifying the Responsive and Responsible Vendor(s) that provide(s) the best value to the State based on the selection criteria set forth in subsection 4.4.2 of this ITN.

Any reservation or listing of reservations of the Department’s rights provided in this ITN is not intended to be exhaustive and shall not be construed to limit the rights of the Department in conducting this procurement.

2.2 Questions and Answers

Vendors will submit all questions during the Question and Answer period in writing to the Procurement Officer via email at the email address listed in Section 1.8, Procurement Officer. The deadline for submission of questions is reflected in Section 1.9, Timeline of Events.

The Department requests that all questions have the solicitation number in the subject line of the email. Questions are requested to be submitted in the following format:

Question # Vendor Name ITN Section ITN Page # Question

Questions and answers will not constitute a basis for formal protest of the specifications of the solicitation. The Department’s answers to written questions will be posted in MFMP and VIP. The Department will not be bound by, and Respondents shall not rely on, any representations outside of this Question and Answer process.

2.3 Addenda to the Solicitation

The Department reserves the right to modify this solicitation by addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on VIP. It is the Respondent’s

Real Estate Services Page 9 of 25 responsibility to check VIP for any changes throughout the procurement process and prior to submitting a Reply.

2.4 Receipt of Replies

2.4.1 Reply Deadline

The Respondent must submit their Reply electronically through the Business Network on or before the date listed in Section 1.9, Timeline of Events.

2.4.2 Clarification to Replies

No changes, modifications, or additions to the Replies will be allowed after the Replies have been opened, except as permitted during the negotiation phase. However, the Department reserves the right to seek clarifying information or documentation from any Respondent at any time. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

2.4.3 Firm Offer

The Department may enter into a Contract within 365 Calendar Days after the date the Notice of Intent to Award is posted, during which period Replies shall remain firm and shall not be withdrawn. If a Contract is not executed within 365 Calendar Days, the Replies shall remain firm until either the Contract is executed, or the Department receives from a Respondent written notice that the Reply is withdrawn.

2.5 Diversity

The Department is dedicated to fostering the continued development and economic growth of minority, veteran, and women-owned businesses. Participation of a diverse group of vendors doing business with the State of Florida is central to the Department’s effort. To this end, minority, veteran, and women-owned businesses are encouraged to participate in the State’s competitive procurement process as both Contractors and subcontractors.

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (2006 version), is incorporated herein by reference and can be accessed at:

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms _references_resources/purchasing_forms.

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated PUR 1001 and shall take precedence over conflicting terms of the PUR 1001:

Paragraphs 8, 13, and 14 of the PUR 1001 are deleted in their entirety.

Paragraphs 3, 4, 5, 7, 9, 15, 19, and 20 of the PUR 1001 (General Instructions) are deleted and are replaced as follows:

3. Electronic Submission of Replies. Replies shall be submitted in accordance with “How to Submit a Reply” section of this solicitation.

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms

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4. Terms and Conditions. All Replies are subject to the terms of this solicitation, which, in case of conflict, shall have the order of precedence listed in the Order of Precedence for Solicitation section.

The Department shall not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Reply. In submitting its Reply, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

5. Questions. Questions shall be submitted in accordance with the Questions and

Answers section of this solicitation.

7. Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists.

a. Convicted Vendor List.

Pursuant to section 287.133, F.S., 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, F.S. for CATEGORY TWO for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an 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.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the Antitrust Violator Vendor List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

d. Suspended Vendor List.

Pursuant to section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not submit a bid, proposal, or reply to an agency or enter into or renew a contract to provide any goods or services to an agency after its placement on the suspended vendor list. The Department may not accept a bid, proposal, or reply from, or enter into or renew any contract with, a vendor on the suspended vendor list until such vendor has been removed from the suspended vendor list and returned

Real Estate Services Page 11 of 25 to the vendor list maintained by the Department pursuant to section. 287.042(1)(a) and (b), F.S. and the vendor has reimbursed the agency for any reprocurement costs.

9. Respondent’s Representation and Authorization. In submitting a Reply, the

Respondent certifies that Respondent understands, represents, and acknowledges the following:

a. The Respondent is not currently under suspension or debarment by the State or any other governmental authority.

b. The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

c. The submission 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 Reply.

d. 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 to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation opening.

e. The Respondent has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the Respondent and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

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

1. Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable 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

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

g. The products and/or services offered by the Respondent will conform to the specifications contained herein without exception.

h. The Respondent has read and understands the terms and conditions listed in the Draft Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is negotiated during the ITN process.

j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Reply, 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 Reply.

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k. The Respondent shall indemnify, defend, and hold harmless the Department and their employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Reply.

l. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Department of the true facts relating to submission of the Reply. A misrepresentation may be punishable under law.

m. If at any point during the course of the procurement, circumstances change so that any of the above acknowledgements are no longer true, Respondent will notify the Procurement Officer as soon as practicable.

n. By submitting a Reply, the Respondent agrees to and waives any objections to requirements contained in the solicitation, including any addenda thereto.

The Department reserves the right to deem the Respondent non-responsive or non-responsible based on any information provided in, or omitted from, the Respondent’s Reply related to the certifications of this section.

15. Clarifying Information. The Department may request, and Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Replies are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Reply to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Reply. For each portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name and the Department’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

In accordance with section 119.0701, F.S., Replies are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the Replies, whichever is earlier.

After that time, the Department will provide the redacted copy, if any, in response to a public records request.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are Responsive, the Department will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made. It is the Respondent’s responsibility to take the appropriate legal action to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Department will

Real Estate Services Page 13 of 25 give the Respondent notice of the demand or request. It will be the Respondent’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information, the Department will provide the unredacted materials to the requester.

By submitting a Reply, the Respondent agrees to protect, defend, and indemnify the Department for all claims arising from or relating to the Respondent’s determination that the redacted portions of its Reply are Confidential Information. If a Respondent fails to submit a redacted copy in accordance with this section, of information it claims is Confidential Information, the Department is authorized to produce the entire material submitted to the Department in response to a public records request for, or demand for discovery or disclosure of, these records.

20. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2), F.S., and chapter 28-110, Florida Administrative Code. Any communication made not in accordance with these sections or the solicitation, including questions to the Procurement Officer, shall not constitute formal notice of a protest.

3.3 MFMP Registration and Florida Substitute Form W-9 Process

The awarded Respondent(s), if any, must have completed this process prior to Contract execution.

For additional information, please visit: https://vendor.myfloridamarketplace.com/.

The awarded Respondent(s) will be required to pay the required MFMP transaction fee(s) as specified in Section 14 of the PUR 1000, unless an exemption has been requested and approved prior to the award of the Contract, pursuant to Rule 60A-1.031, Florida Administrative Code.

The awarded Respondent, if any, must complete a Florida Substitute Form W-9 prior to Contract execution. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W- 9, please visit: https://flvendor.myfloridacfo.com/.

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at 866- 352-3776 or VendorHelp@myfloridamarketplace.com.

3.4 How to Submit a Reply

3.4.1 MFMP Registration

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit a Reply for this solicitation event.

To participate in this solicitation, a Vendor must:

a) Create an account through VIP at https://vendor.myfloridamarketplace.com, if not already registered. For information on how to register in VIP, access MFMP training materials using the link in Section 3.4.2, MFMP Training, below.

b) Once registered in VIP, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate.”

https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:VendorHelp@myfloridamarketplace.com

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c) The Vendor’s solicitation contact, as listed in the Vendor’s MFMP account, will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account. NOTE: It may take up to an hour to receive the invitation to participate email after clicking “Intends to Participate”. Vendors whose solicitation contact has not received the invitation email should contact the MFMP Customer Service Desk as specified in Section 3.4.3, MFMP Assistance.

If a Vendor is NOT registered in the Business Network, the Vendor must:

a) Register in the Business Network using the provided link received after selecting

“Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

1) The Vendor’s contact will receive an email from the Business Network confirming the registration of the Vendor’s account. To activate the Vendor’s account, select the “Click here to activate your Ariba account” link. This will direct the Vendor to the Business Network welcome page.

If a Vendor is registered in the Business Network and has selected it Intends to Participate in this solicitation:

a) Login using the login credentials to gain access to the Business Network home page.

b) To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing (solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

c) Review the “Events” list for the title of this solicitation’s sourcing event.

1) The sourcing event will either be displayed in the “Open” or “Preview” status.

A sourcing event can appear in various statuses based on where the solicitation is in the procurement process. The possible statuses are defined below:

• Completed - The sourcing event is no longer receiving submissions for the solicitation and an agency decision has been posted on VIP

• Open – The sourcing event is currently open for viewing and registered

Vendors may respond to the solicitation

• Pending Selection – The sourcing event is no longer receiving submissions for the solicitation, but an agency decision has not yet been posted on VIP

• Preview – The sourcing event has not yet been opened to receive responses, but the details of the solicitation can be viewed by registered Vendors

d) Click the sourcing event title to review the details of the event.

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e) In the Event Details page, there is a “Checklist” of steps which must completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

For more information on reviewing and submitting a response, access MFMP training materials using the link in Section 3.4.2 MFMP Training below.

ALL VENDORS MUST SELECT ‘INTENDS TO PARTICIPATE’ IN VIP AND SUBMIT

THEIR RESPONSE AND ALL REQUIRED DOCUMENTS IN THE BUSINESS NETWORK

BY THE TIME AND DATE LISTED IN THE TIMELINE OF EVENTS IN ORDER TO

PARTICIPATE IN THIS SOLICITATION.

NOTE: Changes made in VIP, including new registrations, may take up to 48 hours to take effect.

3.4.2 MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website. Please visit:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplac e/mfmp_university/mfmp_u_for_vendors to access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network.

3.4.3 MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at 866-352-3776 or VendorHelp@myfloridamarketplace.com. The MFMP Customer Service Desk cannot answer questions about the ITN content. All solicitation questions must be submitted in accordance with Section 2.2, Questions and Answers.

3.5 Contents of Reply

The Respondent’s Reply may not contain any conditions or exceptions to any aspect of the solicitation and any such conditions or exceptions will not be considered in evaluating the Respondent’s Reply. The only recognized changes to this ITN prior to the opening of Replies will be by written addenda issued by the Department.

Replies are to be organized in sections as directed below. All electronic documents are to be searchable to the fullest extent practicable.

Respondents are to organize a Reply as follows:

Tab 1 – Cover Letter

• A cover letter on the Respondent’s letterhead with the following information:

a) Company name and physical address;

b) Primary location(s) from where the work will be performed;

c) Contact information for Respondent’s primary point of contact, including phone number and email address; and

d) Federal Employer Identification (FEID) Number.

Tab 2 – Completed Forms

• Contact Information Form

• Notice of No Conflict of Interest http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors mailto:VendorHelp@myfloridamarketplace.com

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• Mandatory Responsiveness Requirements Form

Tab 3 – Technical Reply

• Respondent’s Technical Reply will include the documentation and information detailed on

Attachment I – Evaluation Criteria and Scoring of Replies.

Tab 4 – Financial Reply

• Submit Attachment B – Labor Rate Schedule, completed as detailed on the Instructions tab of Attachment B, as Respondent’s Financial Reply.

Tab 5 – Redlines (Optional) Respondent may submit proposed edits, if any, to the following attachments:

• Attachment A – Scope of Work

• Attachment D – Commission Schedule

• Attachment K – Draft Contract

Any proposed edits submitted with the Respondent’s Reply within Tab 5 shall have no bearing on the scoring of the Respondent’s Reply and will only be used during negotiations, should the Respondent be selected for negotiations. If a Respondent does not submit redlines with their Reply, they will have the opportunity to do so during negotiations, if selected for negotiations. Respondent submitted redlines in Tab 5 shall not be construed as a condition or exception to the solicitation.

When submitting the Technical and Financial Reply, Respondent’s Reply shall be based on the solicitation as written, rather than on any of Respondent’s proposed redlines. Evaluations will be conducted in accordance with the solicitation as written, not in accordance with Respondent’s proposed redlines.

Tab 6 – Confidential Information (Optional)

• Should any portion of the Respondent’s Reply contain confidential information, Respondent shall submit one copy of the entire Reply with all confidential information redacted.

Redactions shall be provided in accordance with Section 3.2, Special Instructions, paragraph 19. Respondents will not be penalized for failing to submit a redacted copy.

However, the Department intends to respond to public records requests with redacted copies in accordance with Section 3.2, Special Instructions, paragraph 19.

Replies that fail to include all required information as set forth in Section 3.6, Mandatory Responsiveness Requirements, shall be deemed non-responsive. Replies shall be prepared simply and economically, providing a straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this solicitation. The emphasis of each Reply shall be on completeness and clarity of content.

The Department will only consider electronic Replies submitted through the Business Network. Vendors must ‘Join’ the MFMP event in VIP to be able to submit a Reply. Replies must be submitted by the date and time specified in Section 1.9, Timeline of Events. The Department will not consider late Replies.

3.6 Mandatory Responsiveness Requirements

The Department will not review Replies from Respondents who do not provide a completed Mandatory Responsiveness Requirements Form, including the submission of additional documents required therein.

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The Department reserves the right to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the State.

Note: The Department will perform an initial responsiveness check. Replies found to be non-responsive will not be considered for evaluation. The Department reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent. At any time during the ITN process, the Department may require the Respondent to submit documentation to demonstrate that it meets these mandatory responsiveness requirements and minimum qualifications. If the Respondent cannot produce sufficient documentation to demonstrate that it meets these mandatory responsiveness requirements and minimum qualifications, the Respondent will be deemed non-responsive.

3.7 Rejection of Replies

The Department may reject any Reply not submitted in the manner specified by this solicitation.

Replies that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Replies, references, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsible. The Department reserves the right to determine which Replies meet the requirements of this solicitation and which Respondents are Responsive and Responsible.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Department still reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Respondent over another.

3.8 Additional Information

By submitting a Reply, the Respondent certifies that it agrees to and satisfies all criteria specified in this solicitation. The Department may request, and the Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

SECTION 4. SELECTION METHODOLOGY

4.1 Determination of Replies’ Responsiveness for Evaluation

The Department will determine which Respondents are Responsive and Responsible, and which have submitted a Responsive Reply that meets the requirements of this ITN. The Department will perform the initial responsiveness check. Replies found to be nonresponsive will not be evaluated.

Responsive Replies will be evaluated as described in Section 4.

The Department reserves the right to act upon information discovered after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent or the responsiveness of a Reply.

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4.2 Evaluations

The Department-appointed evaluation team members will independently review, evaluate, and score the Respondent’s Technical Reply to this ITN. Each Technical Reply will be independently evaluated by each evaluation team member based on the criteria established in Attachment I – Evaluation Criteria and Scoring of Replies. A Respondent’s Financial Reply will not be provided to the evaluators or considered by the Department during evaluations.

The Procurement Officer will calculate a Respondent’s total final score in accordance with Attachment I – Evaluation Criteria and Scoring of Replies.

4.2.1 Other Department Rights for Evaluation

The Department reserves the right at any time during the evaluation process to:

4.2.1.1 Redact, omit, or provide instruction to evaluators to disregard any portions of a proposed offering which the Department determines are outside of the scope of this procurement.

4.2.1.2 Conceal pricing information from evaluators or provide an instruction to evaluators to disregard pricing information in their evaluation of a responsive Reply.

4.3 Negotiations

4.3.1 Negotiations Process – General Overview

After the evaluation and scoring of Replies as set forth in Attachment I – Evaluation Criteria and Scoring of Replies, the Department will establish a competitive range of Replies reasonably susceptible of award and will select one or more Respondents within the competitive range to commence negotiations.

The Department will establish a negotiation team to conduct the negotiations. The negotiation team will make a recommendation of (an) award(s) to the Respondent(s) that will provide best value based on the selection criteria in the ITN. The negotiation team will not be bound by evaluator scoring but it may be utilized by negotiators as a resource.

During the negotiation phase, pricing submitted with the Reply may be reduced but should not be raised unless the increase is reflected in the BAFO and is directly related to changes in offered services in the BAFO and as negotiated in accordance with this ITN. In addition, the negotiation team will use the Respondent’s pricing submitted in Attachment B – Labor Rate Schedule to assist with the negotiation of pricing for the remainder of the Contract initial and renewal terms.

The format and content of any pricing submissions including, but not limited to, BAFOs may be amended during negotiations at the discretion of the negotiation team.

The negotiation team reserves the right to negotiate different terms, additional terms, and related price adjustments if the negotiation team determines that such changes would provide the best value to the State. Additional operational requirements may be defined, and clarifications required.

The negotiation team may require additional technical detail, diagrams, demonstrations, and documentation. The negotiation team may request proposed alternative terms or deliverables during negotiations, but it is under no obligation to accept proposed alternative terms or deliverables.

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The negotiation team reserves the right to negotiate concurrently or sequentially with competing Respondent(s). Negotiations will not be open to the public but will be recorded.

Recordings of negotiations and negotiation team strategy meetings will be subject to the provisions of section 286.0113, F.S.

Negotiation meetings will be conducted in Tallahassee, Florida, if conducted in-person, or using technology-based solutions, if conducted remotely. The negotiation team reserves the right to schedule in-person negotiations at a different location in the State. The Procurement Officer may distribute an agenda in advance of any negotiation session.

Negotiations will continue as determined by the negotiation team, until acceptable terms and conditions are agreed upon through a BAFO, if applicable, or it is determined that an acceptable agreement cannot be reached. The negotiation team reserves the right to conclude negotiations at any time and proceed to contract award.

4.3.2 Respondent Attendance at Negotiations

Representatives for each Respondent should plan to be available, at least by telephone, without interruptions, for the entirety of the Respondent’s scheduled negotiation meeting(s).

The Department reserves the right to limit the number of representatives permitted to attend the negotiation sessions.

4.3.3 Revised Replies and Best and Final Offers

During the negotiation phase, the negotiation team may request clarification and revisions to Replies (including BAFOs) and identify information to be submitted to the negotiation team until it is satisfied that it has achieved the best value for the State.