DOAH ITN 2023-24-002_Final.pdf

DOAH ITN #23/24-002

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INVITATION TO NEGOTIATE

AUDIO & VISUAL

EQUIPMENT/INSTALLATION

SERVICES

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SECTION 1 – DEFINITIONS

The following terms used in this Invitation to Negotiate (ITN) 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 ITN. Failure to meet these requirements will cause rejection of the reply. Any reply rejected for failure to meet mandatory requirements will not be further reviewed.

1.3 Minor Irregularity - As used in the context of this solicitation, indicates a variation from the ITN terms and conditions which does not affect the price of the Reply 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 Reply - The documents submitted by the Respondent in response to this ITN, including any interim revised replies, best and final offers, and other supplemental responses.

1.6 Respondent - A Vendor who submitted a Reply to this ITN.

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

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 outfitting hearing and conference rooms with audio/visual equipment at the new leased facility for DOAH Headquarters location in Tallahassee, Florida.

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 ITN.

https://vendor.myfloridamarketplace.com/

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2.4 Purchase Order/Contract

This purchase shall be accomplished through either an issuance of a Vendor designated Purchase Order or Contract. The maximum amount of the resulting

Purchase Order/Contract will be $300,000.

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 32399-3060

(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 Reply.

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 reply opening,

3.3 Term

It is anticipated that the Purchase Order/Contract resulting from this ITN will be for a twelve-month period from January 1, 2024, or the Purchase Order/Contract execution date whichever is later to December 31, 2024. The Purchase Order/Contract resulting from this ITN is contingent upon availability of funds.

3.4 Renewal

The Purchase Order/Contract resulting from this solicitation may be renewed.

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

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3.5 Timeline of Events

EVENT DUE DATE WHERE

ITN

Advertised /

Released

July 21, 2023 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

August 8, 2023

Email to:

Patricia.Kenyon@doah.state.fl.us

Mandatory

Site Visit

August 17, 2023 Site Visit Location:

Datamaxx Building

2001 Drayton Drive

Tallahassee, Florida

Anticipated posting of

Answers to

Respondents’ questions

August 22, 2023 Posted to the Vendor Information Portal at:

Written

Replies Due and Opened

Must be received

PRIOR to 2:00 PM ET on

September 21, 2023

PUBLIC OPENING

See Section 4.5.3 for the address to submit Replies.

The public opening for this solicitation will be available via

ZOOM:

https://us02web.zoom.us/j/86885501065

Meeting ID: 868 8550 106

One tap mobile

+13052241968,,86885501065# US

+13017158592,,86885501065# 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.

https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ mailto:Patricia.Kenyon@doah.state.fl.us https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://us02web.zoom.us/j/86885501065

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Anticipated

Evaluation

Phase

September 27, 2023-November 3, Negotiations

Phase

November 6, 2023-December 7, Negotiation

Team Meeting to

Recommend

Contract

Award

December 8, 2023 at 2:00 PM ET The meeting will be available via

ZOOM:

https://us02web.zoom.us/j/86953071278

Meeting ID: 869 5307 1278

One tap mobile

+13052241968,,86953071278# US

+13126266799,,86953071278# 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

December 12, 2023 Posted to the Vendor Information Portal at:

3.6 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 ITN or their response.

3.7 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 3.5. Verbal questions or those submitted after the period specified in Section 3.5 will not be addressed.

Answers to questions submitted in accordance with Section 3.5 will be posted on the

VIP.

https://us02web.zoom.us/j/86953071278

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3.8 Mandatory Site Visit

There will be a mandatory site visit for participating Respondents and/or

Respondents’ representatives to be held as specified in Section 3.5, Timeline of

Events. All Respondents intending to submit a Reply MUST attend the site visit beginning to end and must sign in prior to completing the site visit, or the Reply 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.

3.9 Basis of Award

A single award will be made to the responsive, responsible Respondent offering the most advantageous Reply through the evaluation of the technical replies and negotiations in accordance with Section 6.2. DOAH reserves the right to not make an award under this ITN or to make an award to more than one Respondent as determined to be in the best interest of the State.

3.10 Modifications and Withdrawal

A Respondent may modify or withdraw its Reply at any time prior to the due date for written Replies, as specified in Section 3.5, by submitting a request to the

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

Respondent and will not be considered unless resubmitted by the due date and time for written Replies specified in Section 3.5.

3.11 Clarification Process

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

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 to DOAH within the time specified by DOAH.

3.12 Purchase Order/Contract Formation

DOAH will enter into a Purchase Order/Contract with the awarded Vendor 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.

SECTION 4 – INSTRUCTIONS FOR REPLY 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 Reply. The PUR 1001 is located at http://dms.myflorida.com/content/download/2934/11780.

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

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The terms of this solicitation control over any conflicting terms of the PUR 1001.

4.2 Reply Format

This section describes the format in which Replies are to be submitted. DOAH discourages lengthy Replies. Additional information deemed appropriate by the

Respondent may be included, but should be placed within the relevant section.

Additional tabs beyond those designated in Section 4.3 will not be evaluated.

Replies should be limited to a page size of 8.5” x 11” inches. Font size and style are at the Respondent’s discretion, but must be at least 11 point. All pages must be sequentially numbered, and one-inch margins should be used.

All Replies must contain the sections outlined below. Those sections are called “Tabs.”

A “Tab”, as used herein, is a section separator, offset and labeled, so each DOAH

Evaluator may easily turn to “Tabbed” sections during the evaluation process.

4.3 Reply Contents

It is a mandatory requirement of this ITN that the Reply contain the specified documents and address all items listed below. Replies to this ITN should be prepared using simple terms and minimal technical or industry specific language. The

Respondent must organize its Reply submittal contents as follows:

4.3.1 TAB 1 – Mandatory Requirements

Respondents must complete and submit the following mandatory information or documentation as part of their Reply by the time specified in Section 3.5, Timeline of Events. Any Reply that does not contain the information below will be deemed non-responsive to this ITN:

4.3.1.1 Participation in the mandatory site visit as specified in Section 3.8, Mandatory Site Visit.

4.3.1.2 The Technical Proposal and Cost Reply (Attachment B) must be received by the time specified in Section 3.5, Timeline of Events.

4.3.1.3 Cost Reply (Attachment B) must be completed as specified in

Section 4.4.2, Cost Reply.

4.3.1.4 Mandatory Certification/Master Certification Check Sheet

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

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

4.3.1.6 Subcontractor Form (Attachment E) must be completed and submitted with the Proposal.

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4.3.2 TAB 2 – Technical Reply

The Respondent must provide a narrative of the information listed below.

Respondents should be thorough and detailed in their responses and are encouraged to include any additional relevant information that would assist in the evaluation of their Technical Reply. The evaluation criteria and allotted points are listed as Attachment F. The Respondent must include:

4.3.2.1 Description of the Respondent’s subject matter expertise in the field of audio/visual equipment related to the Scope of Services Sought

(Attachment A).

4.3.2.2 Summary of experience detailing their previous completed installation of audio/visual equipment related to the Scope of

Services Sought (Attachment A).

4.3.2.3 Describe the proposed audio/visual equipment to accommodate the need stated in the Scope of Services Sought (Attachment A).

4.3.2.4 Outline the proposed plan to install the audio/visual equipment related to the Scope of Services Sought (Attachment A).

4.3.2.5 Description detailing how the Respondent will test the installed audio/visual equipment.

4.3.2.6 Summary of the proposed maintenance plan of the installed audio/visual equipment.

4.3.3 TAB 3 – Cost Reply (Sealed Separately)

The Respondent must separate the Cost Reply (Attachment B) as described in Section 4.4.2.

4.4 Copies of Replies

Respondents must submit the following copies:

4.4.1 Technical Reply

One original paper copy of the Technical Reply and three (3) copies must be submitted no later than the date and time set forth in Section 3.5, Timeline of Events. Refer to Section 4.8, Public Records and Trade Secrets, for information on redacting confidential information, if applicable.

Respondents must not disclose cost information in the body of the Technical

Reply. Including cost information will cause the Reply to be disqualified

(Mandatory Requirement, refer to Section 4.3.1).

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4.4.2 Cost Reply

One original copy of the Cost Reply and three (3) copies (Mandatory

Requirement, refer to Section 4.3.1) must be submitted using Cost Reply

(Attachment B) no later than the date and time set forth in Section 3.5, Timeline of Events.

The Cost Reply (Attachment B) must be enclosed in a separate sealed envelope and must be identified in accordance with Section 4.5, Reply

Labeling. No additional documentation should be included in the Cost Reply envelope.

4.5 Reply Labeling

4.5.1 Technical Reply

The Technical Reply should be sealed and identified as follows:

Respondent’s Name

TECHNICAL REPLY

4.5.2 Cost Reply

It is mandatory that the Respondent’s Cost Reply be in a separate sealed envelope and identified as follows:

Respondent’s Name

COST REPLY

4.5.3 All Replies must be sent or delivered by the date and time specified in Section

3.5, Timeline of Events to:

Procurement Officer: Patricia Kenyon

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

4.6 Instructions for Reply Submittal

4.6.1 Respondents must complete, sign, and return the “Cost Reply” in a separate sealed envelope with the Reply submittal.

4.6.2 Respondents must complete, sign, and return all mandatory Attachments with the Reply submittal.

4.6.3 Replies must be sent via mail, courier, or hand delivered to the location indicated in Section 3.5, Timeline of Events.

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4.6.4 DOAH is not responsible for improperly marked Replies.

4.6.5 DOAH’s clock will provide the official time for the Reply receipt.

4.6.6 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.

4.7 Cost of Preparation

Neither DOAH nor the State of Florida is liable for any costs incurred by a Respondent in responding to this solicitation.

4.8 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 Reply 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 Reply 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 Reply 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 Reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Respondent fails to submit a redacted copy with their Reply, 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.

4.9 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 C, Prior Experience Form of this ITN 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.

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4.10 Special Accommodations

Persons with 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).

4.11 Late Replies

The Procurement Officer must receive the Replies pursuant to this ITN no later than the date and time specified in Section 3.5, Timeline of Events. Replies that are not received by the date and time specified will not be considered for evaluation.

SECTION 5 – SPECIAL CONDITIONS

5.1 PUR 1000, General Contract Conditions

The PUR 1000 is incorporated by reference in this ITN and contains general Contract terms and conditions that will apply to any Purchase Order/Contract resulting from this ITN, to the extent they are not otherwise modified. This document should not be returned with the Proposal. The PUR 1000 is located at http://dms.myflorida.com/content/download/2933/11777.

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

Page | 12 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 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.

5.5 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 Reply submission and the amount of the subcontract must be identified in the Reply. If a subcontract has been identified at the time of Reply 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 Reply.

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

5.6 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.

5.7 Performance Measures

Pursuant to section 287.058, Florida Statutes, the resulting Purchase

Order/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).

5.8 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

Page | 13 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 Vendor’s Cost Reply and the deliverable being performed.

5.9 Conflict of Law and Controlling Provisions

Any Purchase Order/Contract resulting from this ITN, 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.

5.10 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.

5.11 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 ITN 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 ITN 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.

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5.12 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.

5.13 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.

5.14 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 ITN, 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 ITN, such entities shall coordinate their use of the resulting Purchase Order/Contract with DOAH in order to reduce scheduling conflicts.

SECTION 6 – REPLY EVALUATION PROCESS AND CRITERIA

6.1 Introduction

DOAH will evaluate and score the technical reply to determine the Vendors moving forward to the Negotiations Phase. The ability of DOAH to evaluate a Respondent’s

Technical Reply is dependent upon the completeness of the Reply. Failure of a

Respondent to provide information requested by this ITN may result in reduction in scoring during the evaluation.

DOAH may accept or reject any and all Replies, and waive any minor irregularity, Page | 15 technicality, or omission if DOAH determines that doing so will serve the State’s best interests.

6.2 Reply Evaluation

A Technical Review team will be established to review and evaluate each Technical

Reply submitted in response to this ITN. The Technical Review team will be comprised of at least three (3) individuals with background and experience in the relative service areas.

The Procurement Officer will distribute to each member of the Technical Review team a copy of each Technical Reply. The Technical Review team members will independently evaluate the Technical Replies on the criteria and points established in Attachment F in order to assure the Technical Replies are uniformly rated. The independent evaluations will be sent to the Procurement Officer and averaged for each

Vendor.

Prior to the process of evaluation, the Procurement Officer will conduct examinations of proposals for responsiveness to requirements of the ITN. Those determined to be non-responsive will be automatically rejected.

These average scores will be used to determine each Respondent’s Technical Reply score.

Cost Replies will be scored by the Procurement Officer based upon the Respondent’s proposed cost, as prescribed below for this ITN. The proposed cost will be scored in accordance with the below formula:

Total Maximum points for this section is 100 Points. Maximum Cost Reply

Points x (Lowest Proposal Cost/Respondent’s Reply

Cost) = COST SCORE

The Cost Reply will not be provided to the Technical Review team during the evaluation phase.

Each Respondent’s overall score will consist of the average Technical Proposal score plus the Cost Reply score.

ITN Scoring Components

Maximum Points

Technical Reply – Section 4.3.2, TAB 2

Cost Reply – Attachment B

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TOTAL MAXIMUM POINTS POSSIBLE

6.3 Other Rights for Evaluation

DOAH reserves the right at any time during the Evaluation Phase to:

6.3.1 Redact, omit, or provide instruction to the Technical Review team to disregard any portions of a proposed offering which DOAH determines are outside of the scope of this procurement.

6.3.2 Conceal cost information from the Technical Review team or provide instruction to the Technical Review team disregard cost information in their evaluation of a responsive Reply.

SECTION 7 – NEGOTIATIONS

7.1 Negotiations Process Overview

After the evaluation of Responsive Replies, DOAH will establish a competitive range and will select one or more Respondents within the competitive range to commence negotiations.

DOAH will appoint a Negotiation Team to conduct the negotiations. The

Negotiation Team will make a recommendation of (an) award(s) to the

Respondent(s) that will provide best value based on the selection criteria in the

ITN. The Negotiation Team will be entitled to review any and all documentation and information provided by Respondents, and will have access to the Respondent’s final technical scores but will not be bound by the results of evaluator scoring or the Cost Reply scoring, but both or either may be utilized by negotiators as a resource.

During the negotiation phase, pricing submitted may be reduced but cannot be increased unless the increase is reflected in the Best and Final Offer (BAFO).

Increased pricing must be directly related to changes in offered services outlined in the BAFO and as negotiated in accordance with this ITN.

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

Negotiation Team.

The Negotiation Team reserves the right to negotiate different terms, additional terms, and related price adjustments if the Negotiation Team

Page | 17 determines that such changes would provide the best value to the State.

Additional operational requirements may be defined, and clarifications required.

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

The Negotiation Team reserves the right to negotiate concurrently or sequentially with competing Respondent(s). Negotiations will not be open to the public, but will be recorded. Recordings of negotiations and Negotiation

Team strategy meetings will be subject to the provisions of section 286.0113, Florida Statutes.

Negotiation meetings will be conducted in Tallahassee, Florida, if conducted in person, or using technology-based solutions, if conducted remotely. DOAH may distribute an agenda in advance of any negotiation session. Representatives for each Respondent should plan to be available, at least by telephone, without interruptions, for the entirety of the Respondent’s scheduled negotiation meeting(s). Negotiations will continue as determined by the Negotiation Team, until acceptable terms and conditions are agreed upon through a BAFO, if applicable, or it is determined that an acceptable agreement cannot be reached.

The Negotiation Team reserves the right to conclude negotiations at any time and proceed to contract award.

7.2 Respondent Attendance at Negotiations

DOAH reserves the right to limit the number of representatives permitted to attend the negotiations sessions.

7.3 Revised Replies and Best and Final Offers

During the negotiation phase, the Negotiation Team may request clarification and revisions to Replies (including BAFOs) and identify information to be submitted to DOAH until it is satisfied that it has achieved the best value for the State. Failure to provide information requested by the Negotiation Team during the Negotiation Phase may result in termination of negotiations with the Respondent.

It is anticipated that DOAH will use language in the Request for BAFO expressing contractual requirements within the procurement documents where the language was previously permissive. For example, the word ‘should’

Page | 18 may be replaced by the word ‘must’ in the final Scope of Services attached to the Request for BAFO.

7.4 Other DOAH Rights during Negotiations

DOAH has sole discretion in deciding whether and when to take any of the following actions and to decide the scope and manner of such actions.

In addition to the rights stated herein, DOAH also reserves the right at any time during the negotiation process to:

7.4.1 Schedule additional negotiation sessions with any or all Respondents.

7.4.2 Require any or all Respondents to provide additional, revised, or final written replies addressing specific topics, including, but not limited to, modifications to the ITN specifications, terms or conditions, or business references.

7.4.3 Require any or all Respondents to provide revised Replies and written

BAFO(s).

7.4.4 Require any or all Respondents to address services, prices, or conditions offered by any other Respondent.

7.4.5 Pursue a Contract with one (1) or more Respondents for the services encompassed by this ITN, including any addendums thereto and any request for additional, revised, or final written replies or request for

BAFOs.

7.4.6 Finalize Contract terms and conditions with any Respondent at any time.

7.4.7 End negotiations with any or all Respondents at any time, regardless of the status of or schedule of negotiations, and to continue with other

Respondents, or not continue with any Respondents.

7.4.8 Conclude negotiations at any time and proceed to Contract award.

7.4.9 Re-open negotiations with any responsive Respondent.

7.4.10 Take any additional, administrative steps deemed necessary in determining the final award, including conducting demonstrations, Page | 19 additional fact-finding, evaluation, or negotiation where necessary and consistent with the terms of this ITN.

7.4.11 Request the assistance of and use subject matter experts for any portion of the procurement or throughout the procurement.

7.4.12 Review and rely on relevant information contained in the Replies.

7.4.13 Request pricing options different from the initial pricing provided by the Respondent.

7.4.14 Request business references and materials related to a reference check.

If requested, the following guidelines will apply:

• References should be directly relevant to the services in the ITN.

• References will not be accepted from:

o Current employees of DOAH.

o Former employees of DOAH within the past three (3) years.

o Persons currently or formerly employed by the Respondent’s organization.

o Board members of the Respondent’s organization.

o Relatives of Respondent’s employees or board members.

o Corporations based solely in a foreign country.

o Members of the Respondent’s organization who have written, completed, and submitted the form on behalf of the reference.

7.4.15 Contact Respondent’s customers or other entities with information relevant to the Respondent’s responsibility, experience, and/or ability.

7.5 Negotiation Meetings Not Open to Public

In accordance with section 286.0113, Florida Statutes, negotiations between

DOAH and the Respondents are exempt from chapter 286, Florida Statutes, and section 24(b), Art. I of the State Constitution.

Also, any portion of a team meeting at which negotiation strategies are discussed are exempt from section 286.011, Florida Statutes. DOAH will record all meetings of the Negotiation Team and all negotiation meetings between DOAH and the Respondents, as required by law, and such recordings will eventually become public record pursuant to chapter 286, Florida Statutes.

During negotiations, Respondents must inform DOAH if any portion of the meetings should be considered confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, Page | 20 the Florida Constitution, or other authority, so that DOAH may make appropriate arrangements for the segregation of the recording.

If the Respondent fails to inform DOAH that any portion of the negotiation meetings should be considered confidential, proprietary, trade secret, or otherwise not subject to disclosure, DOAH is authorized to produce the audio recording in answer to a public records request for these records.

SECTION 8 – AWARD

8.1 Award Selection

Contract(s) will be awarded to the responsive and responsible Respondent(s) whose BAFO(s) are assessed as providing the best value to the State in accordance with the selection criteria of this ITN.

8.2 Selection Criteria

The following award selection criteria will apply for this ITN:

8.2.1 The Respondent’s prior relevant experience and the overall professional experience of the Respondent at providing the proposed services.

8.2.2 The Respondent’s ability and approach to meeting the goals of the ITN, as stated in Attachment A.

8.2.3 The Respondent’s ability and approach to providing the services sought, as outlined in Attachment A.

8.2.4 The Respondent’s pricing.

8.3 Negotiation Team Recommendation

DOAH’s Negotiation Team will make a recommendation as to the Purchase

Order/Contract award(s) that will provide the best value to the State based on the selection criteria in Section 8.2, Selection Criteria. The Negotiation team will forward its recommendation to the Director or his designee for review. The Director or his designee will make the final decision to approve or reject the recommendation of the negotiation team.

8.4 Rights for Award

DOAH reserves the right to:

8.4.1 Award a Purchase Order/Contract to one (1) or more responsive and

Page | 21 responsible Respondents, or no Respondents at all, for all or part of the work contemplated by this ITN.

8.4.2 Award and contract with other responsive and responsible Respondents in the event that DOAH is unable to contract with the initially awarded

Respondent(s).

8.4.3 Reject all Replies to this ITN and determine whether to reissue a competitive ITN.

8.4.4 Withdraw or cancel the procurement and make no award.

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.

8.5 Notice of Agency Decision

At the conclusion of evaluation of the proposals DOAH will announce its intended decision. Notice will be posted on the state’s Vendor Information

Portal. DOAH will award to the responsible, responsive Respondent determined to be the most advantageous to the state, taking into consideration

Technical and Cost proposals. Notice of Award does not guarantee issuance of a Purchase Order/Contract.

If DOAH decides to reject all Replies, it will post its notice on VIP.

8.6 Other Reserved Rights

DOAH has the right to use any or all ideas or adaptations of the ideas presented in any Reply. Selection or rejection of a Reply 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 and re-open negotiations with any Respondent at any time prior to execution of a Contract.

8.7 No Purchase Order/Contract until Execution

A Notice of Intent to Award under this ITN 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.

Page | 22

8.8 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 ITN, 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

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Telephone No. (850) 488-9865

By Hand Delivery:

Attn: Public Records Request

1230 Apalachee Parkway

Tallahassee, FL 32301

By Facsimile:

Attn: Public Records Request

(850) 921-6847

Page | 23

ATTACHMENT A

AUDIO/VISUAL EQUIPMENT & INSTALLATION SERVICES

SCOPE OF SERVICES SOUGHT

DOAH is seeking a responsive, responsible, and qualified Vendor to obtain, install and outfit audio/visual equipment for four (4) hearing rooms, two (2) conference rooms, and one (1) meeting space for a new leased facility for DOAH HQ located at

2001 Drayton Drive, Tallahassee, Florida to be completed by August 16, 2024, unless otherwise directed by DOAH. The tentative construction schedule has the setup and installation of audio/visual equipment from July 23, 2024 to August 14, 2024.

The Vendor should provide complete installation of audio/visual equipment.

Overview of Hearing Rooms, Conference Rooms, and the Huddle Space

Hearing Room 1 is approximately 1,610 square feet in a theatre-style room (32x50 feet) with tiered rows of seating leading from the first floor into the second floor.

Hearing Room 1 will have a judge’s bench, a witness table, three attorney tables, courtroom style seating, and a podium. Hearing Room 1 will be used for in-person and hybrid Zoom hearings, seminars, trainings, large meetings, and “lunch and learn” events. Hearing Room 1 will be used for hearings which require recording of the judge, witnesses, and parties of in-person and hybrid Zoom hearings using Digital

Court Recording software. Hearing Room 1 additionally has a separated space at the back of the room that can be used as a waiting room or lobby. This space should additionally be equipped with speakers and a monitor with audio/visual feed from the hearing room so that those waiting in the space may follow what is happening in the hearing room unless the speakers and monitor are turned off.

Hearing Room 2 and Hearing Room 3 are each approximately 810 square feet, with a retractable partition wall between the two rooms. The space is intended to be used in the following ways:

• Hearing Room 2 and Hearing Room 3 each used as separate hearing rooms for in-person and hybrid Zoom hearings with the partition between each space.

The two hearing rooms will be split with the dimensions of 26x30 feet.

• Hearing Room 2 and Hearing Room 3 used together as a single larger hearing room for in-person and hybrid Zoom hearings with the partition retracted with seating.

• Hearing Room 2 and Hearing Room 3 used together as a single event space for in-person and hybrid Zoom conferences, seminars, trainings, large meetings, luncheons, etc.

Page | 24

• Hearing Room 2 and Hearing Room 3 will be used for hearings which require recording of the judge, witnesses, and parties of in-person and hybrid Zoom hearings using Digital Court Recording software.

Hearing Room 2 and Hearing Room 3 will each have a judge’s bench, a witness table, three attorney tables, courtroom style seating, and a podium. Hearing Room 2 and

Hearing Room 3 will have carpeted flooring.

Hearing Room 4 is approximately 348 square feet and will have a conference style hearing room with a conference table. Hearing Room 4 will be used for in-person and hybrid Zoom hearings, meetings, and trainings. Hearing Room 4 will have carpeted flooring. Hearing Room 4 will be used for hearings which require recording of the judge, witnesses, and parties of in-person and hybrid Zoom hearings using Digital

Court Recording software.

Conference Room 1 is approximately 459 square feet (17x29 feet) and will have a long rectangular conference table with seating for approximately ten to twelve people.

Conference Room 1 will be used for in-person and hybrid Zoom meetings and trainings. Conference Room 1 will have carpeted flooring.

Huddle Room 1 is approximately 234 square feet and will have a round table. Huddle

Room 1 will be used for in-person and hybrid Zoom meetings. Huddle Room 1 will have carpeted flooring. Huddle Room 1 will need to be outfitted with a camera, a monitor, and a speaker.

General Specifications

Each hearing room, conference room, and huddle room shall be equipped with audio/visual equipment sufficient to meet the needs of each space as described above, which may include, but is not limited to:

• Monitors

• Projectors

• Podiums

• Sound systems

• Microphone system

• Fixed cameras

• Owl Labs-style cameras

• HDMI connections

• Control panels or remotes for use in controlling cameras or other audio/visual elements

• Computer and internet connectivity for use with Zoom or other meeting

Page | 25 software

• Security systems

• Silent panic buttons

The Vendor shall manage all cables and wires, running them through walls, the ceiling, or flooring to achieve a clean and tidy appearance and assurance of all required safety measures.

Hearing rooms and conference rooms should have recessed ceiling speakers that are connected to each microphone in the room, so each attendee can hear the meetings and hearings clearly.

All microphones in hearing rooms, conference rooms, and the meeting space should additionally be connected for concurrent use as a single audio source for Zoom meetings and other similar virtual meeting software.

The Vendor will need to assess existing equipment at the new leased DOAH headquarters location for integration purposes, if possible.

Example Hearing Room Set Up & Hearing Room Specifications

Page | 26

Each of the four hearing rooms should be outfitted by the Vendor with appropriate audio/visual equipment to allow for in-person, Zoom, and hybrid hearings and meetings. All hearing rooms should be outfitted by the Vendor with an appropriate number of microphones, speakers, cameras, and monitors allowing all participants and both virtual and in-person attendees of hearings and meetings to hear and see all participants in the proceeding. All attendees in each hearing room should be able to clearly see any content displayed on the monitors, which may necessitate the use of additional monitors throughout the room.

Each hearing room should be outfitted by the Vendor with monitors and connections sufficient to permit all in-person and virtual participants and attendees to view what is shared on a display. Contents (e.g. PowerPoint presentations) shown on monitors should be capable of being controlled by the judge, a witness, an event speaker, or any hearing participant seated at the attorney tables. Large monitors should be utilized in lieu of projection onto a projector screen.

Attorney tables in hearing rooms will each need two microphones, except in Hearing

Room 4, which will need one microphone for the conference style table. There will also need to be a microphone at the judge’s bench and one at the witness stand next to the judge’s bench. There should also be a set of portable microphones that can be used in each hearing room and on each movable podium.

Hearing Room 1, Hearing Room 2, and Hearing Room 3 should additionally be equipped by the Vendor for the use of portable microphones, both lapel style and handheld.

In all hearing rooms, power outlets, mixers and equipment, internet connections, HDMI…