DOAH ITB 2024-25-004_Final.pdf

DOAH ITB #24/25-004

INVITATION TO BID

RELOCATION SERVICES

FOR DOAH HEADQUARTERS

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 with its own equipment and staff to move property from its current office building(s) to the newly leased office location in Tallahassee (Leon County). 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 designated Purchase Order or Contract.

https://vendor.myfloridamarketplace.com/

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 (DOAH ITB #24/25-004) 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 five-month period from March 26, 2025, or the Purchase Order/Contract execution date whichever is later to July 10, 2025. The Purchase Order/Contract resulting from this ITB is contingent upon availability of funds.

3.4 Renewal

The State of Florida’s performance and obligation to pay under this purchase order and any subsequent renewal is contingent upon annual appropriation by the Legislature and satisfactory performance of the Vendor.

3.5 Purchase Order/Contract Formation

DOAH will enter into a Purchase Order/Contract with the awarded Respondent pursuant to Section 3.10, 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

Tuesday, February 18, 2025 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Site Visit for

DOAH HQ

Office –

MANDATORY

(Existing Office Location)

Monday, February 24, 2025 at 9:00 a.m. ET

1230 Apalachee Parkway Tallahassee, Florida 32301

Site Visit for Datamaxx –

MANDATORY

(New Office Location)

Monday, February 24, 2025 at 2:00 p.m. ET

2001 Drayton Drive Tallahassee, Florida 32311

Deadline to submit Questions in Writing to the Procurement Officer

Must be received PRIOR to 5:00 PM ET on Wednesday, February 26, 2025

Email to:

Patricia.Kenyon@doah.state.fl.us

Anticipated posting of Answers to Respondents’ questions

Monday, March 3, 2025 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com

Deadline to Submit Sealed Bids

Must be received PRIOR to 4:00 PM ET on Thursday, March 13, 2025

Mail or Hand Deliver to:

Procurement Officer: Patricia Kenyon

DOAH ITB #24/25-004

1230 Apalachee Parkway Tallahassee, Florida 32301-3060 mailto:Patricia.Kenyon@doah.state.fl.us

Public Meeting for Opening of Bids

Friday, March 14, 2025 at 9:00

AM ET

The meeting will be available via ZOOM:

https://us02web.zoom.us/j/88392483323

Meeting ID: 883 9248 3323

One tap mobile

+ 3052241968,,88392483323# US

+ 13126266799,,88392483323# 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

Wednesday, March 19, 2025 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace. com

Effective Date of Purchase Order/Contract

March 26, 2025

DOAH shall utilize the State of Florida, Vendor Information Portal (VIP) as the 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, https://us02web.zoom.us/j/88392483323 https://www.ftri.org/relay

Timeline of Events 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 Mandatory Site Visits

There will be mandatory site visits for participating Respondents and/or Respondents’ representatives to be held as specified in Section 3.6, Timeline of Events. All Respondents intending to submit a Bid MUST attend the site visits beginning to end and must sign in prior to completing the site visits, or the Bid submitted will be rejected as non-responsive. A ten (10) minute grace period for late arrivals will be granted. Participation by any other means will not be accepted.

3.10 Basis of Award

A Purchase Order/Contract may be awarded to the responsible and responsive Respondent that submits the lowest bid. An award from this Bid does not constitute an official Purchase Order/Contract or commitment on behalf of the State of Florida.

DOAH reserves the right to not make an award under this ITB, as determined to be the best interest of the State of Florida.

3.11 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.

3.12 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.

3.13 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.

3.14 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.

3.15 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.

3.15.1 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.

3.15.2 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.

3.15.3 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.

3.15.4 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.

3.15.5 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 Participation in the mandatory site visit(s) as specified in Section

3.9, Mandatory Site Visit.

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

4.2.1.3 The Price Sheet (Attachment B) must be completed as specified in Section 4.6, Price Sheet.

4.2.1.4 Mandatory Certification/Master Certification Check Sheet

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

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

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

4.2.1.7 Pass / Fail Requirements Form (Attachment F) must be

completed and submitted with the Bid.

4.2.1.8 Foreign Country of Concern Attestation Form (Attachment G) 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:

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

Procurement Officer: Patricia Kenyon

DOAH ITB #24/25-004

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 either or both Attachment B, Price Sheet.

Bid prices must be firm and inclusive of all services and materials. There must be no additional costs charged to DOAH for work performed under this ITB.

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.

4.8.1 Price Evaluation

DOAH will take the following steps reviewing the Price Sheet:

• Confirm the Bid includes a Firm Fixed Rate;

• Confirm the Bid is submitted using the DOAH ITB #24/25-004 Price

Sheet (Attachment B);

• Confirm the prices are clear and unambiguous;

• Add the Bid prices (Materials & Packing/Relocation Labor Costs) together and conduct a Clarification Request for any computational or transfer errors noted; and

• When evaluating Bid responses to solicitations where there is identical pricing or a pricing preference, DOAH shall determine the order of award in accordance with Sections 287.057(11), 287.082, 287.084, 287.087, and 287.92, Florida Statutes.

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.

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 Liquidated Damages

If the work is not completed on the date fixed for completion in the resulting Purchase

Order/Contract as a result of act(s) or omission(s) within the reasonable control of the http://dms.myflorida.com/content/download/2933/1177 https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

Respondent, the Respondent shall pay to DOAH, as liquidated damages for such delay and not as a penalty, one hundred dollars ($100) for each calendar day elapsing between the date fixed for completion and the actual date of completion. The Respondent agrees that said liquidated damages are reasonable given existing circumstances, such as the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

5.6 Suspended Vendor List

A Respondent, person, or entity who has been placed on the Florida Suspended Vendor

List may not be awarded or renew a Purchase Order/Contract with DOAH pursuant to section 287.1351, Florida Statutes.

5.7 Antitrust Violator Vendor List

In accordance with section 287.137, Florida Statues, a person or an affiliate who has been placed on the Florida Antitrust Violator List following a conviction or being held civilly liable for an antitrust violation 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 business with any public entity.

5.8 Foreign Countries of Concern Prohibited

Per 287.138(4)(a), Florida Statutes, beginning January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity provides DOAH with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs 287.138(2)(a)-(c), Florida Statues. “Foreign country of concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern.

5.9 Employment of Authorized Aliens

The employment of unauthorized aliens by any contractor is considered a violation of section 274A(e) of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the resulting Purchase Order/Contract. The awarded Vendor avers that it is registered in the E-Verify system and further agrees to comply with the provisions of section 448.095, Florida Statutes.

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

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

5.11 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.

5.12 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.

5.13 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).

5.14 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.

5.15 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.

5.16 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.

5.17 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.

5.18 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.

5.19 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.

5.20 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:

Division of Administrative Hearings Attn: Public Records Request 1230 Apalachee Parkway Tallahassee, Florida 32301-3060

By Hand Delivery:

Division of Administrative Hearings Attn: Public Records Request 1230 Apalachee Parkway Tallahassee, FL 32301

By Facsimile:

Division of Administrative Hearings Attn: Public Records Request

(850) 921-6847

ATTACHMENT A

RELOCATION SERVICES FOR DOAH HEADQUARTERS

SCOPE OF SERVICES SOUGHT

I. Purpose The Division of Administrative Hearings, hereinafter called DOAH issues this invitation to receive competitive sealed bids for professional relocation services from a responsive, responsible and qualified Vendor with its own equipment and staff to move property from 1230 Apalachee Parkway, Tallahassee, Florida 32301 with 34,722 square feet to the new building located at 2001 Drayton Drive, Datamaxx Building, Tallahassee, Florida 32311 with 31,425 square feet.

This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Purchase Order/Contract are conducted pursuant to Chapter 287, Florida Statutes and Rule 60A-1, Florida Administrative Code.

II. Definitions In this Scope of Services Sought, the following terms shall be defined and set forth below:

A. Business Days: Monday through Frida, inclusive, excluding designated State of

Florida holidays.

B. Confidential Documents: Documents that contain information that pursuant to applicable state or federal laws is not subject to public disclosure pursuant to Chapter 119, Florida Statutes, or any other legal authority. Examples of confidential information include, but not limited to: social security numbers and financial account information.

C. Office Contents: DOAH’s furniture, equipment, boxes and other items to be relocated. The term includes the items shown on Exhibit 1, Estimated Inventory to this Scope of Services Sought, which is incorporated by reference, and other items being moved from the existing office location(s). The term does not include DOAH employees’ personal property.

D. Party or Parties: The awarded Vendor and DOAH may be referred to individually as a “Party” or jointly as the “Parties”.

E. Relocation: The process that includes disassembling and reassembling furniture items; crating or packing furniture, equipment, and other items; transporting and delivering Office Contents to the specified zone or room within each location;

and removing the shipping and delivery packaging, pallets, and similar materials from the existing and new office location sites.

F. Relocation Project: The project that includes, cumulatively, all pre-relocation planning and preparation, the actual relocation tasks and activities, and post-relocation tasks and activities when relocating from an existing office location(s) to a new office location.

III. Statement of Work The awarded Vendor shall furnish all labor/personnel, a Project Manager and supervisors, materials, supplies, tools, equipment, and expertise necessary to perform the planning, packing of IT equipment, disassembling of furniture or related property;

relocation, installation, and re-assembly of all furniture or related property. The awarded Vendor will need to show proven expertise in safely moving / transporting computing equipment including, but not limited to, laptops, workstations, monitors, printers, scanners, etc. The awarded Vendor will be expected to ensure that all IT equipment (and its associated power and network cabling) is grouped together and located in the employee’s new office or cubicle space at the new facility location.

DOAH must approve the approach that will be utilized by the awarded Vendor for the movement of all IT equipment. The disconnection of all IT equipment, at the current facility, will be completed by DOAH staff. Subsequently, the connection of all IT equipment will be completed by DOAH staff once the equipment is onsite at the Datamaxx location and in its designated location; as a result, the connection of the IT equipment is not included in the requested services. The awarded Vendor shall work in coordination with the DOAH’s Project Manager, as well as other personnel of DOAH.

The anticipated move dates are Friday, June 20, 2025 through Monday, June 30, 2025. The move must be performed in consecutive days and may encompass two (2) weekends (Saturdays and Sundays), if warranted. The moving dates are subject to change and may be modified at no additional cost to DOAH.

IV. Duration

A. Term Services will begin on March 26, 2025 or the date in which the resulting Purchase Order/Contract is issued/executed, whichever is later and will end at midnight, Eastern Time on July 10, 2025.

B. Renewals The resulting Purchase Order/Contract will not be renewed in whole or in part.

V. Specifications and Performance A. Equipment, Materials, and Supplies

1. The awarded Vendor shall provide DOAH with boxes for IT equipment packed by the awarded Vendor and for DOAH staff to pack files and other miscellaneous items.

2. The awarded Vendor shall furnish all moving trucks, furniture dollies, pads, straps, and all other equipment such as drills, screwdrivers, hammers, etc., materials (moving blankets/plastic wrapping, and supplies necessary for the relocation of the office at no additional cost to DOAH.

The awarded Vendor shall furnish all equipment and supplies necessary to reasonably ensure that the items being relocated are protected against damage at no additional cost to DOAH.

3. The equipment supplied by the awarded Vendor shall at all times remain the property of the awarded vendor.

4. All equipment, materials, and supplies of the awarded Vendor shall be secured at the end of each work day. DOAH will not be held responsible for any damage, vandalism, loss, or theft of the awarded vendor’s equipment, materials, or supplies.

5. If DOAH does provide any equipment, materials or supplies during this project it will remain the property of DOAH.

B. Licensure and Certification The awarded Vendor must possess all current applicable licensure and certifications necessary to perform the requirements of the resulting Purchase Order/Contract and submit them for verification with your Bid response.

C. Staffing

1. The awarded Vendor shall assign a project manager and notify DOAH of that person’s contact information with two (2) business days from issuance of the resulting Purchase Order/Contract. If the awarded vendor’s project manager changes, notification to DOAH is required within two (2) business days with the newly identified project manager’s contact information (email notification is acceptable).

a. Awarded Vendor’s Project Manager Requirements

1) Serve as the awarded Vendor’s primary point of contact for DOAH and be responsible for all administrative operations, including answering questions and providing consultations.

2) Remain on-site and available via cell phone during this project.

3) Follow DOAH’s approved Relocation Plan.

4) Have a thorough knowledge of the Relocation

Project and must direct the awarded Vendor’s employees in their assigned tasks to ensure they are accomplished in an efficient and effective manner.

2. The awarded Vendor shall provide qualified and a number of sufficient employees able to perform the services outlined in this scope of services sought and the resulting Purchase Order/Contract.

3. The awarded Vendor’s employees shall observe DOAH’s rules and regulations as made known to the awarded Vendor by DOAH. The awarded Vendor’s employees shall conduct themselves in a professional, courteous, and appropriate manner at all times. The awarded Vendor’s employees shall wear moving attire representative of the company and easily identifiable at all times during the move.

D. Schedule

1. The final move schedules will be determined by DOAH. There will be no additional fees, costs, or penalties to DOAH as a result of schedule changes. DOAH will advise the awarded Vendor of changes as far in advance as possible.

2. DOAH and the awarded Vendor will jointly establish a detailed work schedule.

3. The awarded Vendor agrees to commit sufficient resources to perform all services under the resulting Purchase Order/Contract within the mutually agreed upon time schedules.

4. The awarded Vendor acknowledges that DOAH explained the timely completion of the relocation services under the resulting Purchase Order/Contract is of critical importance to DOAH. The awarded Vendor agrees that time is of the essence.

E. Site Conditions Prior to relocation, the awarded Vendor shall verify and review all applicable site conditions, overhead door clearances, code compliance requirements, and any other pertinent conditions or information necessary to ensure the safe relocation of items.

The awarded Vendor shall provide a written Site Condition Report, which notes any site deficiencies and existing site damage, within ten (10) calendar days after the date of the issuance of the resulting Purchase Order or the last date the resulting Contract is signed by both Parties. At least two (2) business days prior to the relocation from the location(s), the Parties’ Project Manager or designee will conduct a subsequent inspection and may amend the Site Condition Report to notate additional damage to the building(s) not listed on the initial Site Condition Report. The awarded Vendor shall submit the amended Site Condition Report, if necessary, to DOAH for review and approval no later than one (1) business day prior to the Relocation. Once approved by DOAH, the Site Condition Report will be deemed “final” and no subsequent deficiencies or pre-existing claims of damage will be considered by DOAH.

F. Protection of Relocation Sites

1. Prior to relocation, the awarded Vendor shall ensure that proper quantities of building protection materials are ordered, delivered, and installed at each site to protect against site damage. The awarded Vendor shall use proper and effective care to protect the condition of the entire premises of the buildings during the relocation. All areas of the premises that will be traversed or contacted during the relocation shall be protected, including elevators, carpeting, walls, doors, flooring, corners, and exterior walk ways.

2. The awarded Vendor shall be required to either break down pallets of materials being moved into smaller loads or use plywood sheets to cover and protect the floor to more evenly distribute the rolling load. The awarded Vendor shall not exceed the maximum weight capacities for the sites’ elevators.

3. The awarded Vendor shall be responsible for cleaning/repairing of finishes soiled/damaged as a result of the moving activities. This requirement only applies to those incidences found to be the fault and responsibility of the awarded Vendor.

G. Relocation

1. The awarded Vendor shall relocate the office contents in accordance with the most recently approved…