DOAH ITB 2023-24-003_Final.pdf

DOAH ITB #23/24-003

INVITATION TO BID

PRINTING & MAILING

SERVICES FOR THE OFFICE

OF JUDGES OF

COMPENSATION CLAIMS

(OJCC) POSTCARDS

SECTION 1 – DEFINITIONS

The following terms used in this Invitation to Bid (ITB) have the following meanings unless the context otherwise clearly requires a different construction and interpretation:

1.1 DOAH - The Division of Administrative Hearings; may be used interchangeably with

DOAH.

1.2 Mandatory Requirements - The terms, conditions or requirements that must be met by the Respondent to be responsive to this ITB. Failure to meet these requirements will cause rejection of the bid.

1.3 Minor Irregularity - As used in the context of this solicitation, indicates a variation from the ITB terms and conditions which does not affect the price of the Bid or give the Respondent an advantage or benefit not enjoyed by other Respondents or does not adversely impact the interests of DOAH.

1.4 Purchase Order/Contract - The contract document issued by DOAH to the Vendor to procure goods and services.

1.5 Bid - The documents submitted by the Respondent in response to this ITB.

1.6 Respondent - A Vendor who submitted a Bid to this ITB.

1.7 Contractor - The business organization or entity providing the services and commodities specified in the response to this ITB.

1.8 Vendor Information Portal (VIP) - Refers to the State of Florida’s internet-based vendor information system, which is available at https://vendor.myfloridamarketplace.com.

SECTION 2 – INTRODUCTION

2.1 Background

The mission of DOAH is to impartially adjudicate disputes by providing a uniform and impartial forum for the trial and resolution of disputes between private citizens and organizations and agencies of the state in an efficient and timely manner and to maintain a statewide mediation and adjudication system for the efficient and timely resolution of disputed workers’ compensation claims.

2.2 Statement of Purpose

DOAH seeks to establish a Purchase Order/Contract with a responsive, responsible and qualified Vendor for printing and mailing out the OJCC postcards to identified recipients. This ITB and all activities leading toward the anticipated issuance of a Purchase Order/Contract are conducted pursuant and subject to

Chapter 287, Florida Statutes and Rule 60A-1, Florida Administrative Code.

2.3 Scope of Services Sought

A detailed scope of services sought for this solicitation is provided as Scope of Services

Sought (Attachment A), in this ITB.

2.4 Purchase Order/Contract

This purchase shall be accomplished through either an issuance of a Vendor https://vendor.myfloridamarketplace.com/ designated Purchase Order or Contract.

SECTION 3 – PROCUREMENT RULES AND INFORMATION

3.1 Procurement Officer

The procurement officer assigned to this solicitation is Patricia Kenyon.

Division of Administrative Hearings

Attention: Patricia Kenyon

1230 Apalachee Parkway Tallahassee, FL 32301-3060

(850) 404-5432

Patricia.Kenyon@doah.state.fl.us

****All emails to the procurement officer must contain the solicitation number in the subject line of the email.****

3.2 Restrictions on Communications

Pursuant to section 287.057(25), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer listed in Section 3.1., above. Violation of this provision may be grounds for rejecting a Bid.

Residents in the State of Florida who are hearing, sight, or speech impaired, please contact Florida Relay at 1 (800) 955–8771 or via https://www.ftri.org/relay for assistance. Any person with a qualified disability shall not be denied equal access and effective communication regarding any proposal documents or the attendance at any related meeting or bid opening,

3.3 Term

It is anticipated that the Purchase Order/Contract resulting from this ITB will be for a one-year period from July 1, 2024, or the Purchase Order/Contract execution date whichever is later to June 30, 2025. The Purchase Order/Contract resulting from this

ITB is contingent upon availability of funds.

3.4 Renewal

At the sole discretion of DOAH, the resulting Purchase Order/Contract may be renewed up to three years.

3.5 Purchase Order/Contract Formation

DOAH will enter into a Purchase Order/Contract with the awarded Respondent pursuant to Section 3.9, Basis of Award. The Purchase Order/Contract will incorporate the terms and conditions of the Scope of Services Sought (Attachment

A), and DOAH’s terms and conditions.

mailto:Patricia.Kenyon@doah.state.fl.us https://www.ftri.org/relay

3.6 Timeline of Events

EVENT DUE DATE WHERE

ITB Advertised

/ Released April 25, 2024 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.

com

Deadline to submit

Questions in

Writing to the

Procurement

Officer

Must be received

PRIOR to 5:00 PM ET on

May 10, 2024

Email to:

Patricia.Kenyon@doah.state.fl.us

Anticipated posting of

Answers to

Respondents’ questions

May 17, 2024 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.

com

Sealed Bids

Due Must be received

PRIOR to 4:00 PM ET on May

29, 2024

Public Meeting for

Opening of Bids May 30, 2024 at 11:00 AM ET The meeting will be available via

ZOOM:

https://us02web.zoom.us/j/89558225139

Meeting ID: 895 5822 5139

One tap mobile

+13052241968,,89558225139# US

+13092053325,,89558225139# US

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955-8771 or via https://www.ftri.org/relay for assistance.

Anticipated

Posting of

Intent to

Award

June 4, 2024 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.

com

Effective Date of Purchase

Order/Contract

July 1, 2024

DOAH shall utilize the State of Florida, Vendor Information Portal (VIP) as the https://vendor.myfloridamarketplace.com/ mailto:Patricia.Kenyon@doah.state.fl.us https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://us02web.zoom.us/j/89558225139 https://www.ftri.org/relay https://vendor.myfloridamarketplace.com/ single source resource of all ITB Public Notice information in accordance with Rule

60A-1.021, Florida Administrative Code.

It is the responsibility of the Respondent to check the VIP for addenda, notices of decisions, and other information or clarifications to this solicitation. DOAH bears no responsibility for any resulting impacts associated with a Respondent’s failure to obtain the information made available through VIP.

Posting on the VIP is the only official notice for determination of timeliness of protests (See 6.8, Protests).

3.7 Addenda

If DOAH finds it necessary to supplement, modify, or interpret any portion of the solicitation during the procurement process, a written addendum will be posted on the VIP. It is the responsibility of the Respondent to be aware of any addenda that might affect this ITB or their response.

3.8 Questions

This provision takes precedence over General Instruction #5 in

PUR1001.

Questions related to this solicitation must be received, in writing (either via

United States Postal Service, courier, e-mail, or hand-delivery), by the

Procurement Officer identified in Section 3.1, within the time indicated in

Section 3.6, Timeline of Events. Verbal questions or those submitted after the period specified in Section 3.6 will not be addressed.

Responses to written questions submitted in accordance with Section 3.6 will be posted on the VIP. All emails to the procurement officer must contain the solicitation number in the subject line of the email.

3.9 Basis of Award

A single award will be made to the responsive and responsible Respondent offering the lowest Grand Total Price for all specifications and considerations in response to this ITB. DOAH reserves the right to not make an award under this ITB, as determined to be the best interest of the State of Florida.

3.10 Less than Two Responsive Bids

In the event DOAH receives less than two (2) responsive Bids, DOAH reserves the right to negotiate the best terms and conditions with the single responsive

Respondent pursuant to Section 287.057(6), Florida Statutes.

3.11 Modifications and Withdrawal

A Respondent may modify or withdraw its Bid at any time prior to the due date, as specified in Section 3.6, Timeline of Events, by submitting a request to the

Procurement Officer. Requests for modification or withdrawal of a submitted Bid must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the Bid will be returned to the

Respondent and will not be considered unless resubmitted by the due date and time as specified in Section 3.6.

3.12 Clarification Process

DOAH may request clarification from the Respondent to resolve ambiguities or questioning information (i.e. minor irregularities) presented in its Bid.

Clarifications may be requested throughout this procurement process. The

Respondent’s answers to requested clarifications must be in writing and must address only the information requested. The Respondent’s answers to requested clarifications must be submitted within the time specified by DOAH.

3.13 Conflicts and Order(s) of Precedence

All bids are subject to the terms of the following provisions of this ITB, which in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance;

2) ITB, including attachments;

3) PUR 1000, General Contract Conditions; and

4) PUR 1001, General Instructions to Respondents.

3.14 Identical Tie Bids

When evaluating responses to solicitations where there is identical pricing or scoring from two or more Respondents, DOAH shall determine the order of award in accordance with Sections 287.057 (12), 287.082, 287.087, 287.092 and 295.187(4), Florida Statutes.

3.14.1 Certified Minority Business Enterprise

Pursuant to Section 287.057(12), Florida Statutes, if two equal bids are received and one bid is from a certified minority Business Enterprise, DOAH must contract with the Certified Minority Business Enterprise.

Respondents must provide a copy of this certification in their bid response to receive this preference.

3.14.2 Commodities Manufactured, Grown or Produced In State Given

Preference

Pursuant to Section 287.082, Florida Statutes, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within this state shall be given preference. Respondents must provide proof in their bid response to receive this preference.

3.14.3 Certification of Drug-free Workplace Program

Pursuant to Section 287.087, Florida Statutes, whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, Respondents must check the “True” box for Certification of Drug-free

Workplace on Attachment C.

3.14.4 Preference to Certain Foreign Manufacturers

Pursuant to Section 287.092, Florida Statutes, any foreign manufacturing company with a factory in the state and employing over

200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Respondents must provide proof in their bid response to receive this preference.

3.14.5 Florida Veteran Business Enterprise Opportunity Act Preference

Pursuant to Section 295.187(4), Florida Statutes, a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise.

Proof of certification pursuant to Section 295.187(5), Florida Statutes, shall accompany the bid. Failure to submit proof of certification will result in non-application of the preference.

SECTION 4 – INSTRUCTIONS FOR BID SUBMITTAL

4.1 General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents (PUR 1001) is incorporated by reference in this solicitation. This document should not be returned with the Bid. The PUR 1001 is located at http://dms.myflorida.com/content/download/2934/11780. The terms of this solicitation control over any conflicting terms of the PUR 1001.

4.2 Bid Contents

It is a mandatory requirement of this ITB contain the specified documents and address all items listed below. The Respondent must organize its Bid submittal contents as follows:

4.2.1 Mandatory Requirements

Respondents must complete and submit the following mandatory information or documentation as part of their Bid by the time specified in

Section 3.6, Timeline of Events. Any Bid that does not contain the information below will be deemed non-responsive to this ITB:

4.2.1.1 The Price Sheet (Attachment B) must be received by the time specified in Section 3.6, Timeline of Events.

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

4.2.1.2 The Price Sheet (Attachment B) must be completed as

specified in Section 4.6, Price Sheet.

4.2.1.3 Mandatory Certification/Master Certification Check Sheet

(Attachment C) must be completed and submitted with the Bid.

4.2.1.4 Prior Experience Form (Attachment D) must be completed and submitted as specified.

4.2.1.5 Subcontractor Form (Attachment E) must be completed and submitted with the Bid.

4.3. Bid Labeling

All Bids must be sent or delivered by the date and time specified in Section 3.6, Timeline of Events to:

Procurement Officer: Patricia Kenyon

1230 Apalachee Parkway

Tallahassee, Florida 32301-3060

4.4 Instructions for Bid Submittal

Each Bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays and promotional material are discouraged. Emphasis in each Bid must be on completeness and clarity of content. In order to expedite the review of Bids, it is essential that Respondents follow the format and instructions.

4.4.1 Respondents must be complete, sign, date, and submit all mandatory

Attachments with the Bid submittal.

4.4.2 Bids must be sent via mail, courier, or hand delivered to the location indicated in Section 3.6, Timeline of Events. Electronic (email/fax) submission of Bids will not be accepted for this ITB.

4.4.3 All bids must be submitted in a sealed envelope/package with the relevant

ITB number clearly marked on the outside of the envelope/package.

4.4.4 DOAH is not responsible for improperly marked Bids.

4.4.5 DOAH’s clock will provide the official time for the Bid receipt.

4.4.6 Materials submitted will become the property of the State of Florida and accordingly, the state reserves the right to use any concepts or ideas contained in the response.

4.5 Cost of Preparation

Neither DOAH nor the State of Florida is liable for any costs incurred by a

Respondent in responding to this solicitation.

4.6 Price Sheet

The Respondent shall complete, sign, date and return Attachment B, Price Sheet.

Bid prices must be firm and inclusive of all services, packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

No remuneration is available to the Respondent beyond the Bid price for all specifications and considerations in response to this ITB, as outlined herein.

Respondents will be strictly held to the prices of their Bid. The contents of this ITB and vendor Bid submission will become a contractual obligation upon execution of the Purchase Order/Contract.

If Attachment B, Price Sheet stipulates a unit price, DOAH reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities. DOAH shall not be responsible for the

Respondent’s inventory or order commitment.

If a submitted Attachment B, Price Sheet includes inconsistencies, inaccuracies or is incomplete, it may be rejected by DOAH. All calculations will be reviewed and verified. DOAH may correct mathematical errors, however, in the event of any miscalculation, unit prices shall prevail.

4.7 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in

3.6, Timeline of Events. Bid responses received late (after bid due date and time) will not be accepted, nor considered, and modification by the Respondent of submitted bids will not be allowed, unless DOAH has made a request for additional information. DOAH staff will not be held responsible for the inadvertent opening of a

Bid response if it is not properly sealed, addressed, or identified.

4.8 Bid Evaluation

Bids that do not meet all requirements, specifications, terms and conditions of this solicitation or fail to provide all required information, documents, or materials may be rejected as non- responsive.

The Department may request, and Bidder shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

4.9 Public Records and Trade Secrets

Notwithstanding any provisions to the contrary, public records must be made available pursuant to the provisions of the Public Records Act. If Respondent considers any portion of their Proposal to this solicitation to be confidential, exempt, trade secret, or otherwise not subject to disclosure pursuant to chapter 119, Florida

Statutes, the Florida Constitution, or any other authority, Respondent must segregate and clearly mark the document(s) as “CONFIDENTIAL”.

Simultaneously, the Respondent will provide DOAH with a separate redacted paper copy of their Bid and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy must contain the solicitation name, number, and the name of Respondent on the cover, and must be clearly titled “REDACTED COPY”.

The redacted copy must be provided to DOAH at the same time Respondent submits its Bid and must only exclude or obliterate those exact portions that are claimed confidential, proprietary, or trade secret. The Respondent will be responsible for defending its determination that the redacted portions of their Bid are confidential, trade secret, or otherwise not subject to disclosure. Further, the Respondent must protect, defend, and indemnify DOAH for all claims arising from or relating to the determination that the redacted portions of their Bid are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Respondent fails to submit a redacted copy with their Bid, DOAH is authorized to produce the entire documents, data, or records submitted by the Respondent in answer to a public records request for these records.

4.10 Prior Experience Form

Respondents must provide contact information for three entities the Respondent has provided services of a similar size and nature of those requested in this solicitation.

Respondents must use Attachment D, Prior Experience Form of this ITB to provide the required information. DOAH reserves the right to contact any and all entities in the course of this solicitation in order to verify experience.

4.11 Special Accommodations

Any persona with a disability requiring special accommodations should call DOAH’s

Procurement Officer at least five (5) business days prior to any opening or meeting at (850) 404-5432. If hearing or speech impaired, please contact the DOAH’s

Procurement Officer through the Florida Relay Service, at 1-800-955-8771 (TTY).

4.12 Late Bids

The Procurement Officer must receive the Bids pursuant to this ITB no later than the date and time specified in Section 3.6, Timeline of Events. Bids that are not received by the date and time specified will be considered non-responsive.

4.13 Disqualification

More than one bid from an individual, firm, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Respondent is interested in more than one bid for the same work will cause the rejection of all bids in which such bidders are believed to be interested.

If there is reason to believe that collusion exists among the Respondents, any or all bids will be rejected. No participants in such collusion will be considered in future bids for the same work. Falsifications of any entry made on the Respondent's offer will be deemed a material irregularity and will be grounds for rejection.

SECTION 5 – SPECIAL CONDITIONS

5.1 PUR 1000, General Contract Conditions

The PUR 1000 is incorporated by reference in this ITB and contains general

Contract terms and conditions that will apply to any Purchase Order/Contract resulting from this ITB, to the extent they are not otherwise modified. This document should not be returned with the Bid. The PUR 1000 is located at http://dms.myflorida.com/content/download/2933/1177.

The terms of this solicitation control over any conflicting terms of the PUR

1000.

5.2 Vendor Registration

Each Vendor doing business with the State for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, must register in the MyFloridaMarketPlace (MFMP) system, unless exempted under rule 60A-1.033, Florida Administrative Code. State agencies must not enter into an agreement for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, with any Respondent not registered in the MFMP system, unless exempted by rule. The successful Vendor must be registered in the MFMP system within five (5) days after posting of the Intent to Award.

MFMP registration may be completed at:

https://vendor.myfloridamarketplace.com

A Vendor lacking internet access may request assistance from MFMP Customer

Service at 866-352-3776 or from State Purchasing, 4050 Esplanade Drive, Suite

300, Tallahassee, FL 32399.

5.3 MyFloridaMarketPlace Fees

The State of Florida, through the Department of Management Services, has instituted MFMP, a statewide eProcurement system pursuant to section

287.057(22), Florida Statutes. All payments issued by DOAH to registered Vendors for purchases of commodities or contractual services will be assessed Transaction

Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule.

All such reports and payments will be subject to audit. Failure to comply with payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.

http://dms.myflorida.com/content/download/2933/1177

5.4 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all Respondents that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist bidders with questions and be reached by contacting (850) 413-5519, or

FLW9@myfloridacfo.com.

The awarded Respondent must have a valid W-9 on file with the DFS prior to issuance of a Contract. This may be completed by the Respondent post-award and is not something which DOAH will consider in determining the responsiveness of a bid.

5.5 Minority, Women, Service-Disabled Veteran, and Service-Disabled Veteran

BusinessParticipation

DOAH encourages minority, women, service-disabled veteran, and veteran-owned business enterprise participation in all its solicitations.

5.6 Subcontractors

The Respondent may enter into written subcontracts for performance of services under the Purchase Order/Contract resulting from this solicitation. Anticipated subcontract agreements known at the time of the Bid submission and the amount of the subcontract must be identified in the Bid. If a subcontract has been identified at the time of Bid submission, a copy of the proposed subcontract must be submitted to DOAH. No subcontract that the Respondent enters into with respect to performance under the Purchase Order/Contract will in any way relieve the

Respondent of any responsibility for performance of its contract responsibilities with

DOAH. DOAH reserves the right to request and review information in conjunction with its determination regarding a subcontract request and reject any subcontractor proposed by the Respondent in its Bid.

The Respondent must complete Attachment E, Subcontractor Form, in its entirety and submit it with the Bid.

5.7 Indemnification

The Respondent must save and hold harmless and indemnify DOAH against any and all liability, claims, judgments, or costs of whatsoever kind or nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service operation, or performance of work under the terms of the Purchase Order/Contract, resulting in whole or in part from the negligent acts or omissions by the Respondent, their subcontractor, or any of the employees, agents, or representatives of the Respondent or subcontractor.

5.8 Performance Measures

Pursuant to section 287.058, Florida Statutes, the resulting

PurchaseOrder/Contract must contain performance measures which specify the required minimum level of acceptable service to be performed. The performance measures are detailed in the Scope of Services Sought (Attachment A).

https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

5.9 Financial Consequences

Pursuant to section 287.058, Florida Statutes, the resulting Purchase

Order/Contract must contain financial consequences that will apply if the

Respondent fails to perform in accordance with the Contract terms. The financial consequences are detailed in the Scope of Services Sought (Attachment A). The amounts for each consequence will take into consideration the Respondent’s Bid and the deliverable being performed.

5.10 Conflict of Law and Controlling Provisions

Any Purchase Order/Contract resulting from this ITB, and any conflict of law issue, will be governed by the laws of Florida. Venue must be in Leon County, Florida, to the exclusion of all other jurisdictions.

Respondents acknowledge that this solicitation (including but not limited to the resulting Purchase Order/Contract, exhibits, attachments, or amendments) is not a rule nor subject to rulemaking under chapter 120 (or its successor) of the

Florida Statutes and is not subject to challenge as a rule or non-rule policy under any provision of chapter 120, Florida Statutes.

5.11 Inspector General

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 section

20.055, Florida Statutes.

5.12 Records and Documentation

To the extent that information is used in the performance of the resulting

Purchase Order/Contract or generated as a result of it, and to the extent that information meets the definition of “public record” as defined in section 119.011(12), Florida Statutes, said information is hereby declared to be and is hereby recognized by the parties to be a public record and absent a provision of law requiring otherwise, the Respondent must make the public records available for inspection or copying upon request of DOAH’s custodian of public records in accordance with chapter 119, Florida Statutes. The Respondent’s refusal to comply with chapter 119, Florida Statutes, will constitute an immediate breach of the Purchase

Order/Contract resulting from this ITB and entitles DOAH to unilaterally terminate the Purchase Order/Contract.

Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB must be retained by the

Respondent for a period of six years after the termination of the resulting Purchase

Order/Contract or longer as may be required by any renewal or extension of the

Purchase Order/Contract. During the records retention period, the Respondent agrees to furnish, when requested to do so, all documents required to be retained.

All documents will be provided in a format readable by DOAH.

The Respondent must maintain all records required to be maintained pursuant to the resulting Purchase Order/Contract in such manner as to be accessible by DOAH upon demand. Where permitted under applicable law, access by the public must be permitted without delay.

5.13 Attorney’s Fees

In the event of a dispute prior to or post award, each party responding to this solicitation is responsible for its own attorneys’ fees, except as otherwise provided by law.

5.14 Conflict of Interest

Section 287.057(19)(c), Florida Statutes, provides “A person who receives a contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.”

DOAH considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or any other advisory capacity to constitute participation in drafting of the solicitation.

5.15 Use of Contract by Other State Agencies and Eligible Users

As provided in chapter 60A-1.045, Florida Administrative Code, and Section

287.042(16) Florida Statutes, other State of Florida agencies may purchase from the resulting contract of this ITB, provided that the Department of Management

Services has determined the Purchase Order/Contract’s use is cost effective and in the best interest of the State, and with the Vendor’s consent. Other State of Florida governmental entities and eligible users may also request of the Vendor to be able to use the resulting Purchase Order/Contract. If the Vendor agrees to permit other entities to utilize the resulting Purchase Order/Contract from this ITB, such entities shall coordinate their use of the resulting Purchase Order/Contract with

DOAH in order to reduce scheduling conflicts.

SECTION 6 – AWARD

6.1 Notice of Agency Decision

Notice will be posted on the state’s Vendor Information Portal. DOAH will award to the responsible and responsive Respondent with the lowest bid. Notice of Award does not guarantee issuance of a Purchase Order/Contract.

6.2 DOAH reserves the right to award and contract with other responsive and responsible Respondents in the event that DOAH is unable to contract with the initially awarded Respondent(s).

6.3. DOAH reserves the right to accept or reject any and all offers or separable portions and to waive any minor irregularity, technicality, or omission if DOAH determines that doing so will serve the best interest of the State.

6.4 If DOAH decides to reject all Bids, the notice will be posted on VIP.

6.5 Other Reserved Rights

DOAH has the right to use any or all ideas or adaptations of the ideas presented in any Bid. Selection or rejection of a Bid will not affect this right.

DOAH reserves the right, after posting a Notice of Intent to Award, to withdraw or cancel the procurement, or amend its notice of intent to award.

6.6 No Purchase Order/Contract until Execution

A Notice of Intent to Award under this ITB shall not constitute or form any contract between DOAH and a Respondent. No Purchase Order/Contract shall be formed until such time as a Respondent and DOAH formally execute a Purchase

Order/Contract between both parties.

6.7 Modification after Purchase Order/Contract Execution

During the term of the resulting Purchase Order/Contract, DOAH may unilaterally require changes (altering, adding to or deducting from the Specifications) provided such changes are within the general scope of this solicitation.

The Respondent may request an equitable adjustment in the price(s) if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of DOAH’s contract manager.

6.8 Protests

Failure to file a protest within the time prescribed in section 120.57(3), Florida

Statutes, as modified by section 110.123(d)4, Florida Statutes, and Rule chapter 28-

110, F.A.C., or failure to post a bond or other security required by law within the time allowed for filing a bond will constitute a waiver of proceedings under chapter

120, Florida Statutes. Any communication not in accordance with these sections or the ITB, including questions to the Procurement Officer, shall not constitute a formal protest.

Only documents delivered by the United States Postal Service, a private delivery service, in person, or by facsimile during business hours will be accepted.

Documents received after business hours will be filed the following business day.

The Protest must be submitted by using one of the following delivery methods:

By Mail:

Attn: Public Records Request

Tallahassee, Florida 32301-3060

By Hand Delivery:

Attn: Public Records Request

Tallahassee, FL 32301

By Facsimile:

Attn: Public Records Request

(850) 921-6847

ATTACHMENT A

PRINTING & MAILING SERVICES FOR OJCC POSTCARDS

SCOPE OF SERVICES SOUGHT

I. Overview of Services

The OJCC requires postcards to be printed and mailed out twice a week every week

(Mondays and Thursdays) throughout the State of Florida to identified recipients. The

OJCC will supply an Excel spreadsheet containing the data in order to fulfill the requests. The expected number of postcards printed and mailed out each year is

44,000.

II. Term

The resulting Purchase Order/Contract shall be effective July 1, 2024 through June

30, 2025. The Purchase Order/Contract may be renewed pursuant to Section

287.057(14), Florida Statutes, for up to three (3) years.

III. DOAH’s Responsibilities

A. DOAH will provide the Excel spreadsheet containing the data twice a week. The data will include the following fields:

1. FormV 11. Date Type 2 21. JCC Name 31. Pre Time

2. OJCC Number 12. Date Type 3 22. Mediator 32. Fin Date

3. Title 13. Appt Type 23. Mediator Phone 33. Fin Time

4. Preface 14. Appt Type 2 24. JCC Address 34. Order Date

5. Line 1 15. Appt Type 3 25. JCC City 35. Addressee

6. Line 2 16. JCC Full Name 26. JCC State 36. Address

7. Line 3 17. JCC Title 27. JCC Zip 37. City

8. Line 4 18. Claimant 28. Med Date 38. State

9. Line 5 19. Employer 29. Med Rtn Date 39. Zip

10. Date Type 20. Accident Date 30. Pre Date 40. Sig

B. DOAH will provide the mock concept of the OJCC postcard and any other required data that will enable the Respondent to:

1. Create digital proof of the OJCC postcard for DOAH’s approval.

2. Print and mail the OJCC postcard.

IV. Contractor’s Responsibilities

A. Participate in a kick-off meeting with DOAH’s contract manager within five (5) business days of Purchase Order/Contract execution, unless another date is approved in writing by DOAH’s contract manager. Within three (3) business days of the receipt of the DOAH’s kick-off meeting summary, the Contractor shall confirm accuracy of the meeting summary via email to DOAH’s contract manager.

B. Participate in testing with DOAH to ensure proper printing and mailing services will be performed. Testing includes:

1. Ensuring that electronic files are successfully received from DOAH.

2. Creating digital proof of the OJCC Postcard using DOAH’s design for final approval.

V. Deliverable(s)

A. Set-up the print job by using the mandatory format (Excel file) provided by the

DOAH. A mock postcard is included in this ITB as Attachment F, Mock

Postcard, for reference purposes.

B. Print the postcards (size: 6” x 4 ¼”) and apply postage (First Class).

C. Mail out the postcards within twenty-four (24) hours of receipt of the Excel file from DOAH. It would be optimal to mail out the postcards within the same business day.

VI. Method Payment

A Purchase Order/Contract will be executed with the awarded Respondent for this

ITB. The awarded Respondent will submit monthly invoices for the costs associated with printing and mailing postcards.

VII. Performance Measure

The Contractor shall complete these services 100% as described in this Section V of this Attachment with no more than 2% not meeting DOAH’s designated timeframe.

VIII. Financial Consequence

The Contractor’s failure to meet the Performance Measure set forth in Section V of this Attachment shall result in an invoice reduction of 5% for every (1) one business day the Contractor is late sending a group of mailings from one data set in a month.

ATTACHMENT B

PRICE SHEET

This Price Sheet represents the complete compensation the awarded Respondent will receive during the term of the Purchase Order/Contract. Prices shall include all costs and expenses to provide the services under the Purchase Order/Contract, including items such as materials, labor, equipment, transportation, delivery charges, postage, and fees.

Service Description

Price (Initial Term)

(Two Decimals Only)

Renewal Term (up to three additional years)

(Two Decimals Only)

Print/Mail Postcard

Price per Postcard ____________

Year One - Price per Postcard ____________

Year Two - Price per Postcard ____________

Year Three - Price per Postcard ____________

Respondent’s Name:

Respondent’s Address:

Respondent’s Phone Number:

Respondent’s Email Address:

Respondent’s Federal Employer Identification Number:

BY AFFIXING MY SIGNATURE ON THIS PRICE SHEET, I HEREBY STATE THAT I HAVE

READ THE ENTIRE ITB TERMS, CONDITIONS, PROVISIONS AND SPECIFICATIONS AND

ALL ITS ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001. I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting Purchase Order/Contract.

Signature of Authorized Representative:

Printed Name and Title:

*An authorized representative is an officer of the Respondent’s organization who has legal authority to bind the organization to the provisions of the Bid. This usually is the President, Chairman of the

Board, or owner of the entity. A document establishing delegated authority must be included with the Bid if signed by other than the authorized representative.

ATTACHMENT C

MANDATORY CERTIFICATIONS/MASTER CERTIFICAITON CHECK

SHEET

MANDATORY CERTIFICATIONS

MASTER CERTIFICATION

As the person named in the Certificate of Signature Authority as the Authorized Representative of the Vendor, (legal name of Vendor), I confirm that I have fully informed myself of all terms and conditions of DOAH ITB #23/24-003 (the ITB), the facts regarding the Bid submitted by the Vendor in response to the ITB and the truth of each statement contained in Certifications (a) through (k) and certify, by checking the applicable “true” or “false” box below and affixing my signature hereto, that each statement in each checked certification is “true” or “false” as indicated.

Check the applicable box next to the title to each certification:

True False

a. Certification of Binding Bid and Acceptance of Terms of ITB

b. Certification of Representations Per Section 9 of PUR 1001

c. Certification of Authority to Do Business in Florida

d. Statement of No Involvement

e. Conflict of Interest Statement (Non-Collusion)

f. Certification Regarding Lobbying

g. Certification Regarding Scrutinized Companies List

h. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Contracts/subcontracts

i. Certification Regarding Prior Contractual Obligations

j. Certification of Representations Per sections 287.133, and 287.134, F.S.

k. Certification of a Drug Free Workplace The content of each certification named above, set forth below, is incorporated into this Master Certification as if fully recited herein and, for each certification marked “true” above, the below signature is deemed to be affixed to each such certification. I agree that any certification not marked above will be deemed “false.”

Signature of Authorized Representative: Date:

a. Certification of Binding Bid and Acceptance of Terms of ITB By checking the “True” box in the Master Certification and signing the same, I hereby certify that the Vendor’s Bid is submitted in good faith in response to the Division of Administrative Hearings’ Invitation to Bid (the ITB) and is binding on the Vendor in accordance with the terms of the ITB, that I have read, understood and agree with the terms and conditions of the ITB and, if awarded any Purchase Order/Contract as a result of the ITB, the Vendor will comply with the requirements, terms, and conditions stated in the ITB document. The Vendor further agrees that any intent by the Vendor to deviate from the terms and conditions set forth therein may result, at DOAH’s exclusive determination, in rejection of the Bid.

b. Certification of Representations Per Section 9 of PUR 1001 By checking the “True” box in the Master Certification and signing the same, I hereby certify acknowledgement all matters set forth in section

9 of PUR 1001.

c. Certification of Authority to Do Business in Florida By checking the True” box in the Master Certification and signing the same, I hereby certify that the Vendor is an existing legal entity and satisfies all licensing and registration requirements of state law authorizing it to do business within the State of Florida.

d. Statement of No Involvement

By checking the “True” box in the Master Certification and signing the same, I hereby certify that no member of this firm or any person having interest in this firm has been awarded a contract that was procured using procedures other than those described in s. 287.057 (1)- (3), F.S., to perform a feasibility study of the potential implementation of a subsequent contract to support this project; participated in drafting of a solicitation for this specific project; or developed a program for future implementation of this project.

e. Conflict of Interest Statement (Non-Collusion)

By checking the “True” box in the Master Certification and signing the same, I hereby certify that all persons, companies, or parties interested in the Invitation to Bid as principals are named therein, that the Vendor’s Bid is made without collusion with any other person, persons, company, or parties submitting a bid; that it is in all respect made in good faith; and as the signer of the bid, I have full authority to legally bind the Vendor to the provisions of this Bid.

f. Certification Regarding Lobbying

By checking the “True” box in the Master Certification and signing the same, I hereby certify, to the best of my knowledge and belief, that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

g. Certification Regarding Scrutinized Companies List

By checking the “True” box in the Master Certification and signing the same, I hereby certify the Vendor is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria. Both lists are created pursuant to section 215.473, Florida Statutes. I understand section 287.135, Florida Statutes, prohibits Florida state agencies from contracting with companies on either list, for goods or services over $1,000,000, and pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

h. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Contracts/subcontracts

By checking the “True” box in the Master Certification and signing the same, I hereby certify, in accordance with the debarment and suspension instructions listed below, the Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subcontract by any federal department or agency.

Where the prospective Vendor is unable to certify to any of the statements in this certification, such prospective Vendor shall attach an explanation to this certification.

INSTRUCTIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FORCONTRACTS/SUBCONTRACTS

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (See 2 C.F.R. Part 180)

(1) Each Vendor whose contract/subcontract equals or exceeds $25,000 in federal moneys must sign this certification prior to execution of each contract/subcontract. Additionally, Vendors who audit federal programs must also sign, regardless of the contract amount. The Division of Administrative Hearings cannot contract with these types of Vendors if they are debarred or suspended by the federal government.

(2) This certification is a material representation of fact upon which reliance is placed when this contract/subcontract is entered into.

If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment.

(3) The Vendor shall provide immediate written notice to the contract manager at any time the Vendor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(4) The terms “debarred,” “suspended,” “person,” “principal,” and “voluntarily excluded,” as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact DOAH’s procurement officer for assistance in obtaining a copy of those regulations.

(5) The Vendor agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontract unless authorized by the Federal Government.

(6) The Vendor further agrees by submitting this certification that it will require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 in federal moneys, to submit a signed copy of this certification.

(7) The Agency for Persons with Disabilities may rely upon a certification of a Vendor that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erroneous.

This signed certification must be kept in the contract file. Subcontractor’s certification must be kept at the Vendor’s business location.

i. Certification Regarding Prior Contractual Obligations

By checking the “True” box in the Master Certification and signing the same, I hereby certify the Vendor has not:

(1) Failed to correct to the satisfaction of DOAH any unsatisfactory performance in…