DOEA 23-RFP-001-JT Soliciation Document.pdf

TITLE PAGE

FLORIDA DEPARTMENT OF

ELDER AFFAIRS

DOEA, 23-RFP-001-JT

REQUEST FOR PROPOSALS (RFP)

FOR

Special Investigative Services

Respondent Name: ____________ _______

Respondent Mailing Address: ____ ______

City, State, Zip: __________

Telephone: ( ) ___ Fax Number: ( )

E-Mail Address: __________

Federal Employer Identification Number (FEID): ___________

BY AFFIXING MY SIGNATURE ON THIS REPLY, I HEREBY STATE THAT I HAVE READ THE

ENTIRE RFP TERMS, CONDITIONS, PROVISIONS AND SPECIFICATIONS AND ALL ITS

ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001. I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting contract including those contained in the Standard Contract.

Signature of Authorized Representative: _________________________________________

Printed (Typed) Name and Title: _______________________________________________ *An authorized representative is an officer of the respondent’s organization who has legal authority to bind the organization to the provisions of the proposals. This usually is the President, Chairman of the Board, or owner of the entity. A document establishing delegated authority must be included with the Proposal if signed by other than the authorized representative.

TABLE OF CONTENTS

SECTION 1.0: Introductory Materials

SECTION 2.0: Procurement Process, Schedule & Constraints

SECTION 3.0: Scope of Services

SECTION 4.0: Instructions for Proposal Submittal

SECTION 5.0: Contract Special Terms and Conditions

SECTION 6.0: Proposal Evaluation Process and Criteria

ATTACHMENT A: Cost Proposal

ATTACHMENT B: Experience Form

ATTACHMENT C: Evaluator Score Sheet

Solicitation Number:23-RFP-001-JT Request for Proposals – Special Investigative Services Page | 3

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The Department of Elder Affairs (the Department) is requesting proposals from qualified, experienced, and professional investigators and/or investigative firms capable of providing independent, objective, special investigative services, throughout the state, related to violations of state statute and administrative rule committed by Professional Guardians, regulated by the Office of Public & Professional Guardians (OPPG).

1.1.1. Programmatic Authority

The Office of Public & Professional Guardians registers and sanctions Professional Guardians pursuant to the authority provided in Chapter 744, Florida Statutes; and Rule 58M-2 Florida Administrative Code.

1.2 Definitions

Business days: Monday through Friday, 8 A.M. to 5 P.M., excluding state holidays.

Business hours: 8 a.m. to 5 p.m., Eastern Time on all business days.

Calendar days: All days, including weekends and holidays.

Clerk: The Clerk or deputy clerk of the court.

Complaint: The contact received from a person alleging that a professional guardian has violated state statute, administrative rule, or both, and which forms the basis for investigation.

Complainant: The individual who filed the complaint concerning one or more Professional Guardians with the OPPG.

Contract: The formal agreement only if a purchase order will be issued add in “or order” that will be awarded to the successful Respondent under this RFP, unless indicated otherwise.

Contract Manager: An individual designated by the Department to be responsible for the monitoring and management of the Contract.

Court: The circuit court.

Guardian: A person who has been appointed by the court to act on behalf of a ward’s person or property, or both.

Investigation: An investigation conducted to determine whether or not a professional guardian has violated any provision of state statute or administrative rule.

Investigative Work Plan: A written list of tasks required to complete an investigation.

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Investigator: Vendor, vendor’s employee or approved subcontractor who will be assigned to this contract to investigate complaints submitted to the OPPG.

Minor Irregularity: As used in the context of this solicitation, indicates a variation from the RFP terms and conditions which does not affect the price of the Proposal, or give the Respondent an advantage or benefit not enjoyed by other respondents, or does not adversely impact the interests of the Department.

OPPG: The Office of Public & Professional Guardians.

Professional Guardian: A guardian who has at any time rendered services to three or more wards as their guardian and who has registered with the OPPG.

Proposal: The complete written response of the Respondent to the RFP (technical and cost proposals), including properly completed forms, supporting documents, and attachments.

RFP: This Request for Proposals and all attachments, amendments, and addenda.

Respondent: The entity that submits a Proposal in response to this RFP. This term also may refer to the entity awarded a contract by the Department in accordance with terms of this RFP.

Services: All the deliverables and activities of the Vendor which are collectively necessary to provide the services to the OPPG pursuant to this RFP.

Vendor: An individual or entity responding to this RFP.

Vendor Staff: Any of the vendor’s employees, agents, subcontractors or representatives who: (a) provide the services; or (b) have access to the OPPG’s confidential information.

Vendor Information Portal (VIP): Refers to the State of Florida internet-based vendor information system at: https://vendor.myfloridamarketplace.com/

Ward: A person for whom a guardian has been appointed.

https://vendor.myfloridamarketplace.com/

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SECTION 2.0 PROCUREMENT PROCESS, SCHEDULE & CONSTRAINTS

2.1 Procurement Officer

The Procurement Officer assigned to this solicitation is:

Florida Department of Elder Affairs Attention: Justin Taylor 4040 Esplanade Way Tallahassee, FL 32399 Email: taylorj@elderaffairs.org

2.2 Restriction on Communications

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 as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. Section 287.057(23), Florida Statutes.

2.3 Term

It is anticipated that the Contract resulting from this RFP will be for six (6) months beginning July 1, 2024 or the Contract execution date, whichever is later. At the OPPG’s discretion, the contract may be renewed for a period of two (2) one-year periods. The Contract resulting from this RFP is contingent upon the availability of funds, as is any renewal.

2.4 Timeline

EVENT DUE DATE LOCATION

RFP

Advertised / Released

May 6, 2024 Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com/

Questions Submitted in

Writing

Must be received

PRIOR TO:

May 20, 12:00pm

Submit to: Solicitations@elderaffairs.org Attention:

Justin Taylor, Procurement Officer

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Answers to Questions

(Anticipated Date)

May 27, Posted to the Vendor Information Portal at:

https://vendor.myfloridamarketplace.com/

Technical and Cost Proposals

(As specified in Section

4.2)

Must be received

PRIOR TO:

June 3, 2024 3:00pm

Submit to: Solicitations@elderaffairs.org Attention:

Justin Taylor, Procurement Officer

Proposals Opened

June 3, 2024 3:00pm

PUBLIC MEETING

Florida Department of Elder Affairs 4040 Esplanade Way Suite 225F Tallahassee, FL 32399

Evaluation of Proposals

(Anticipated Date)

June 6, 2024 Evaluation Team Members to begin evaluations individually.

Posting of Intent to Award

(Anticipated Date)

June 14, Posted to the Vendor Information Portal at:

2.5 Addenda

If the Department finds it necessary to supplement, modify, or interpret any portion of the specifications or documents during the solicitation period a written addendum will be posted on the MyFlorida.com Vendor Information Portal, https://vendor.myfloridamarketplace.com/ . It is the responsibility of the Respondent to be aware of any addenda that might affect their Proposal.

2.6 Questions

This provision takes precedence over General Instruction #5 in PUR1001.

Questions related to this solicitation must be received, in writing via e-mail, by the Procurement Officer identified in Section 2.1, within the time indicated in the Timeline.

Verbal questions or those submitted after the period specified in the Timeline will not be addressed. Questions may include requests for clarification regarding the terms, conditions, and requirements of the RFP and its attachments, and any processes described in those documents. If terms included in the Standard Contract are impractical https://vendor.myfloridamarketplace.com/

Page | 7 or, for legal or operational reasons impossible, vendors are encouraged to submit questions regarding the Department’s acceptance of specified alternative terms.

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS

CONTAINING QUESTIONS.***

The Department requests that vendors submit questions in the following format:

Question # RFP Section RFP Page # Question

Questions do not constitute a formal protest of the specifications or of the solicitation.

The Department will provide an answer to all questions that are timely submitted through an addendum that is posted on the VIP. If modifications are made to the RFP document or attachments, the Department will post the changes in an addendum on the VIP.

2.7 Identical Tie Proposals

Where there is identical pricing or scoring from multiple respondents, the Department will determine the order of award in accordance with Florida Administrative Code, Rule 60A- 1.011.

SECTION 3.0: SCOPE OF SERVICES

3.1 Background:

In 2016, the Florida Legislature created the OPPG, an office within the Department, whose public purpose is to register, educate, regulate, and when necessary, sanction Professional Guardians throughout the state who have violated provisions of Chapter 744, Florida Statutes and/or Rule 58M-2 Florida Administrative Code. Complaints are submitted to the OPPG via email, mail and phone. Complaints are reviewed for legal sufficiency by Department attorneys and then submitted to investigators for investigation to determine whether the allegations may be substantiated. Investigations typically involve obtaining and reviewing court filings in the guardianship case; interviews of the complainant, ward, ward’s caregiver(s), guardian, guardian’s attorney, and any witnesses;

and the collection of evidence (papers, photographs) from these witnesses. Investigators shall review and prioritize complaints immediately according to the nature and severity of the complaint and shall strive to complete investigations within ninety (90) days of receipt of the complaint.

3.2 Scope of Services

All proposals must be made on the basis of, and either must meet or exceed, the requirements contained herein. The OPPG is seeking the services of highly qualified investigators and/or investigative firms with extensive experience with Florida agency/administrative investigations to perform investigative services in connection with complaints submitted to the OPPG. The successful vendor will demonstrate:

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• Ability to provide competent, knowledgeable, and experienced investigative personnel and administrative support for all aspects of investigating OPPG complaints.

• Knowledge of the laws, administrative rules, and practices relating to guardianship in Florida.

• Ability to maintain strict confidentiality of information received throughout an investigation, even after the conclusion of the contract.

• Ability to conduct investigations throughout the state of Florida. Ideally, the successful proposer will employ or subcontract with investigators located throughout the state so that long distance travel is minimal. Last year, ninety two

(92) complaints were referred for investigation. The following counties had the highest number of investigations: Miami-Dade, Broward, Palm Beach, Collier, St.

Lucie, Brevard, Hillsborough, Polk, Pasco, Orange, Seminole, Volusia, Marion, Duval, Nassau, Bay, Washington, Okaloosa, and Santa Rosa.

• Ability to complete investigations within ninety (90) days of receipt of the complaint.

The selected investigator(s) and/or firm(s) will be expected to conduct full, complete and timely investigations, which may include but not be limited to:

• Reviewing the assigned complaint.

• Reviewing and analyzing Florida statute and administrative rule to determine which, if any, the complaint alleges were violated.

• Providing an investigative plan within five (5) business days of receipt of the complaint detailing the issues to be investigated, witnesses to be interviewed, evidence to be collected and/or reviewed, and an estimated timeline for the investigation.

• Conducting sworn, recorded in-person interviews of the complainant, the ward, the ward’s caregiver(s), the guardian, the guardian’s attorney, and all witnesses, and documenting exceptions when sworn or recorded interviews could not be conducted.

• Submitting requests for, and gathering, records, court filings, photographs, video recordings, and/or other materials.

• Evaluating all evidence gathered to formulate defensible investigative conclusions regarding the alleged violations.

• Documenting any additional findings (of violations of law and/or administrative rule) made during an investigation which were not part of allegations included in the initial complaint.

• Providing updates on the progress of the investigation every thirty (30) days, including any anticipated changes to the established timeline, until completed.

• Conferring with and/or briefing the OPPG attorney/prosecutor, as needed.

• Submitting an analytical final investigative report, which shall at a minimum: (a) identify the allegations; (b) identify witnesses interviewed; (c) accurately summarize witness statements; (d) identify all evidence obtained; (e) state the applicable statute or administrative rule; (f) analyze the evidence in connection with the applicable statute and/or rule; and (g) make investigative findings of substantiated or unsubstantiated, depending on the evidence, within ninety (90) days of receiving the complaint.

• Submitting, with the final investigative report, all supporting documentation, all evidence, and applicable materials to the OPPG.

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• Participating in administrative hearings, court hearings, or other official proceedings that result from the investigation.

• Maintaining confidentiality of all work, investigations, documents (including electronic documents) and activity conducted under the contract, meaning that all activity conducted within the scope of the contract shall not be discussed with or disclosed to anyone other than DOEA and OPPG authorized personnel.

• Taking all steps reasonably necessary to maintain the confidentiality of personal information concerning wards, complainants and/or guardians obtained during investigations in compliance with ss. 744.1076, 744.21031, 744.2104, 744,2111, 744.3701, F.S. and other applicable provisions of law.

• Complying with Chapter 119, F.S. (see Section 5.14 of this RFP).

3.2.1. Task List

Required tasks include:

1. Review complaint.

2. Provide an investigative plan within five (5) business days of receipt of the complaint, detailing the issues to be investigated, witnesses to be interviewed, evidence to be collected and/or reviewed, and an estimated timeline for investigation.

3. Submit requests for court filings from the appropriate Clerk’s Office.

4. Conduct sworn, recorded in-person interviews of the complainant, the ward

(when feasible), the ward’s caregiver(s), the guardian, the guardian’s attorney (if necessary), and all witnesses, and document exceptions when sworn or recorded interviews could not be conducted.

5. Provide updates on investigations every 30 days until completed.

6. Submit a final investigative report, which (a) identifies the allegations; (b) identifies witnesses interviewed; (c) summarizes witness interviews; (d) identifies all evidence obtained; (e) states the applicable law; (f) analyzes the evidence in connection with applicable law; and (g) makes investigative findings of substantiated or unsubstantiated, within ninety (90) days of receipt of the complaint.

7. In addition to the investigative plan and investigative report, submit all supporting documentation and evidence obtained during the investigation.

8. Participate in administrative hearings, court proceedings, or other official proceedings that result from the investigation.

9. Provide case notes and detailed timesheets to evidence completion of tasks, which will track: (a) the identity of the investigator; (b) the date work was completed; (c) the amount of time expended on the work completed;

(d) a thorough description of the work completed; (e) the hourly rate of the investigator who completed the work; and (f) if travel occurred, the details of the trip, including cost.

3.2.4 Certifications, Licenses, Permits, Taxes and Equipment (ONLY include if applicable)

If submitting a proposal as an individual private investigator or investigative firm employing private investigators, each private investigator must possess a State of

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Florida, Department of Agriculture and Consumer Services, Division of Licensing Class C Private Investigator license in good standing.

Respondent must pay for all licenses, permits, certificates and taxes required to operate in the State of Florida. Also, Respondent must comply with all applicable federal, state, and local laws, ordinances, codes, regulations, action transmittals, program instructions, and other requirements at no cost to the Florida Department of Elder Affairs. Respondent will supply all necessary equipment to perform Contract.

3.2.5 Minimum Qualifications

Vendors must provide and maintain a committed number of vendor staff to perform investigations. Minimum requirements for assigned investigators are:

• A minimum of five years of investigative experience.

• Preference will be given to investigators experienced in guardianship investigations, retired/former law enforcement (investigator or detective), retired/former Inspectors General, retired/former judges, and private investigators who possess a State of Florida, Department of Agriculture and Consumer Services, Division of Licensing Class C Private Investigator license in good standing.

• Vendors must demonstrate that they have no connection to any professional guardian registered in the state and thus, no conflict of interest that would impact their ability to conduct objective and impartial investigations.

• Vendors must document their ability to work efficiently and effectively to investigate complaints thoroughly, objectively, and promptly.

• Vendors must be able to prepare reports of their investigation methods, facts, and findings presented in a consistent format and timely fashion.

• Vendors must be available and willing to travel within the state and must seek OPPG approval before embarking on long-distance travel.

• Vendors must provide at least three (3) references the vendor has contracted with within the last three (3) years who can provide information regarding the quality of the vendor’s past performance at performing work similar to the work described in this RFP. Vendors must include the references’ contact information including the names, telephone numbers and email addresses of sources who can provide information on the quality of the vendor’s past performance.

SECTION 4.0: INSTRUCTIONS FOR PROPOSAL SUBMITTAL

4.1 General Instructions to Respondents (PUR1001)

This section explains the general instructions of the solicitation process to respondents (PUR 1001) and is a downloadable document incorporated into this solicitation by reference. This document should not be returned with the Proposal:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_re sources/state_purchasing_pur_forms

The terms of this solicitation will control over any conflicting terms of the PUR1001.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

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4.2 Proposal Format

Electronic Bid Submittals

Please follow the below instructions for the submittal of electronic bids, failure to do so, may result in your bid being found non-responsive. Non-responsive replies will not be evaluated.

The Department discourages lengthy proposals. Respondents are asked to use the following format:

4.2.1 Subject line must show: DOEA 23-RFP-001-JT.

4.2.2 Email(s) shall contain file(s) marked in accordance with section 4.3.

4.2.3 Documents shall be submitted in portable document format (PDF) and have a size limit of 25MB.

4.2.4 Documents shall not be submitted in a ZIP (.zip) file

4.2.5 The body of the email shall not contain any information.

4.2.6 Bids shall be submitted to: Solicitations@elderaffairs.org

4.2.7 It is the bidder’s responsibility to assure that the bid is delivered to the proper place on or before the Bid Due date and time (See Introduction Section 2.4 Timeline).

Bids which for any reason are not so delivered, will not be considered.

4.3 Copies of Proposals

Respondents must submit the following copies:

4.3.1. Technical Proposal

The Respondent must submit one (1) original technical proposal which is to be divided into Documentation (section 4.9). Since the Department will expect all technical proposals to be in this format, failure of the Proposer to follow this outline may result in the rejection of the proposal. The technical proposal must be submitted in one separate document marked "TECHNICAL PROPOSAL NUMBER

DOEA 23-RFP-001-JT”.

Refer to Section 4.7 for information on redacting confidential information, if applicable.

4.3.2. Cost Proposal

One original copy of the Cost Proposal (Mandatory Requirement, refer to Section 4.11) must be submitted using Attachment A: Cost Proposal, no later than the date and time set forth in the timeline. No copies are requested.

Compensation will be reimbursed at the maximum flat hourly rate of $100.00/hour mailto:Solicitations@elderaffairs.org

Page | 12 for investigative services and pre-approved travel will be reimbursed in accordance with section 112.061, F.S. NOTE: For the last four fiscal years, the Department has received an appropriation in the amount of $593,892 for twelve months of investigative services.

The price proposal information is to be submitted in a separate document marked "PRICE PROPOSAL NUMBER DOEA 23-RFP-001-JT". The Price Proposal information shall be submitted on the forms provided in the Request for Proposal.

4.4 Instructions for Submittal

4.5.1. Respondents are required to complete, sign, and return the “Title Page” with the Proposal submittal. (Mandatory Requirement)

4.5.2. Respondents are required to complete, sign, and return the “Cost Proposal” in a separate sealed envelope with the Proposal submittal. (Mandatory Requirement)

4.5.3. Respondents must submit all technical and cost data in the formats specified in the RFP.

4.5.4. The Department is not responsible for improperly marked proposals.

4.5.5. The Department’s clocks will provide the official time for Proposal receipt.

4.5.6. 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 the Department of Elder Affairs nor the State is liable for any costs incurred by a Respondent in responding to this solicitation.

4.6 Public Records and Trade Secrets

The Respondent must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate document labeled "Attachment to Request for Proposals, “DOEA 23-RFP-001-JT - Confidential Material".

The Proposer must identify the specific statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Respondent asserts to be exempt from public disclosure and placed elsewhere in the proposal will be considered waived by the Proposer upon submission, effective after opening.

4.7 Cost Proposal

Each Respondent must provide its proposed cost utilizing Attachment A, Cost Proposal.

The proposed cost should not be carried more than two places to the right of the decimal point.

The Department intends to enter into a cost reimbursement contract with the selected vendor(s) to be paid on a monthly basis.

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4.8 Documentation

Respondents must complete and submit the following information or documentation as part of their Technical Proposal:

4.8.1. Experience

Respondents must provide contact information for three entities the Respondent has provided commodities or services of a similar size and nature of those requested in this solicitation. Respondents may use Attachment B, Experience Form of this RFP to provide the required information. The Department reserves the right to contact any and all entities, prior to execution of a Contract, in order to verify experience. Information received may be considered in the Department’s determination of the respondent’s responsibility. The Department’s determination is not subject to review or challenge.

4.8.2 Documented Experience

Respondents must provide the following information:

a. Name and address of individual and/or firm, date established, and location of individual’s and/or firm’s functional working office that will perform the requested services.

b. Detailed resume of investigators who will be assigned cases, outlining experience in conducting investigations, with an emphasis on administrative investigations.

c. Experience testifying in court regarding investigations; and

d. A summary of your individual and/or firm’s policies and procedures including confidentiality policies.

4.8.3 Proposed Approach

Respondents must provide their proposed approach demonstrating the how the respondent will accomplish the goals and task set forth in the Scope of Work (section 3.2).

4.9 Special Accommodations

Any person who requires special accommodations at DOEA Purchasing because of a disability should call the DOEA Purchasing Office at (850) 414-2153 at least five business days prior to any pre-proposal conference, Proposal opening, or meeting. If hearing or speech impaired, contact Purchasing by using the Florida Relay Service, at 1-800-955-

8771 (TDD).

4.10 Responsive and Responsible (Mandatory Requirement)

Respondents must complete and submit the following mandatory information or documentation as a part of the Proposal and comply with mandatory requirements. Any

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Proposal which does not meet the below requirements or contain the specified information will be deemed non-responsive.

a. Proposals must be received by the time specified in the Timeline (Section 2.4).

b. The Title Page, of this RFP must be completed, signed, and returned with the technical Proposal.

c. The Cost Proposal (Attachment A) must be completed, signed, and returned in a separate document with RFP submittal. Cost information must not be contained in Respondent Technical Proposals.

d. The Experience Form (Attachment B) must be completed, signed, and returned with RFP submittal.

e. Supporting documentation that would provide the DOEA Evaluator with insights to assist with the completion of the Evaluator Score Sheet (Attachment C).

4.11 Late Proposals

The Procurement Officer must receive proposals pursuant to this RFP no later than the date and time shown in the Timeline (Refer to Section 2.4). Proposals that are not received by the time specified will not be considered.

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SECTION 5.0: CONTRACT TERMS AND CONDITIONS (not exclusive)

5.1 General Contract Conditions (PUR1000)

The General Contract Conditions (PUR 1000) form is a downloadable document incorporated in this solicitation by reference, which contains general Contract terms and conditions that will apply to any Contract resulting from this RFP, to the extent they are not otherwise modified. This document should not be returned with the Proposal.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_re sources/state_purchasing_pur_forms

The terms of this solicitation will control over any conflicting terms of the PUR1000.

Paragraph 31 of PUR 1000 does NOT apply to this solicitation or any resulting Contract.

5.2 Renewal

The Contract resulting from this solicitation may be renewed. Contracts may be renewed consistent with the terms set forth in Section 2.3. Renewals must be in writing, subject to the same terms and conditions set forth in the initial Contract and any written amendments signed by the parties. Renewals are contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the Department and are subject to the availability of funds.

5.3 Conflict of Interest

Section 287.057(17)(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 Respondent who responds to a request for information from being eligible to Contract with an agency.”

The Department 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, auditing, or any other advisory capacity to constitute participation in drafting of the solicitation.

5.4 Certificate of Authority

All limited liability companies, corporations, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapters 605, 607, 617, and 620, Florida Statutes, respectively prior to Contract execution. The Department retains the right to ask for verification of compliance before Contract execution. Failure of the selected contractor to have appropriate registration may result in withdrawal of Contract award.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

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5.5 Respondent Registration

Each Respondent doing business with the State of Florida for the sale of commodities or contractual services, as defined in section 287.012, Florida Statutes, must register in the MyFloridaMarketPlace system, unless exempted under Florida Administrative Code, Rule 60A-1.030. 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 MyFloridaMarketPlace system, unless exempted by rule.

The successful Respondent must be registered in the MyFloridaMarketPlace system within 5 days after posting of intent to award.

Registration may be completed at:

Respondents lacking internet access may request assistance from MyFloridaMarketPlace Customer Service at 866-352-3776 or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, FL 32399.

5.6 Subcontractors

Respondent may enter into written subcontracts for performance of specific services (but not all Contract services) under the Contract resulting from this solicitation, as specified in the terms of the Standard Contract. Anticipated subcontract agreements known at the time of Proposal submission and the amount of the subcontract must be identified in the Proposal. If a subcontract has been identified at the time of Proposal submission, a copy of the proposed subcontract must be submitted to the Department. No subcontract that the Respondent enters into with respect to performance under the Contract will in any way relieve the Respondent of any responsibility for performance of its contractual responsibilities with the Department. The Department reserves the right to request and review information in conjunction with its determination regarding a subcontract request.

5.7 Commercial General Liability Insurance

Contractor must secure and maintain, at its sole expense and for the duration of the Contract, term insurance policies to protect himself, any subcontractor(s), and the State of Florida. Contractor must save and hold harmless and indemnify the Department 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 this Contract, resulting in whole or in part from the negligent acts or omissions by Contractor, his subcontractor, or any of the employees, agents, or representatives of the contractor or subcontractor.

A. Workers’ Compensation in accordance with applicable state laws and regulations.

B. General Liability Insurance covering all operations and services under the

Contract in amounts sufficient to protect the Department.

C. Commercial Automobile Liability Insurance in amounts sufficient to protect the

Department.

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Certificates of insurance coverage described above must be furnished by the Respondent on request of the Department.

No insurance will be acceptable unless written by a company licensed by the State of Florida Department of Financial Services, Division of Insurance Agent and Agency Services to do business in Florida, where the work is to be performed at the time policy is issued.

5.9 Performance Measures

Pursuant to section 287.058, Florida Statutes, the resulting Contract must contain performance measures which specify the required minimum level of acceptable service to be performed. These will be established based on final determination of tasks and deliverables.

5.10 Financial Consequences

Pursuant to section 287.058, Florida Statutes, the Contract resulting from this solicitation must contain financial consequences that will apply if Respondent fails to perform in accordance with the Contract terms. The financial consequences will be established based on final determination of the performance measures and Contract amount.

5.11 Standard Contract

An RFP will generally result in execution of a Standard Contract.

Respondents must become familiar with the Department’s Standard Contract which contains administrative, financial, and non-programmatic terms and conditions mandated by federal law, state statute, administrative code rule, or directive of the Chief Financial Officer.

Use of the Standard Contract is mandatory for Departmental contracts and the terms and conditions contained in the Standard Contract are non-negotiable which is provided in Attachment D (Standard Contract Template).

5.13 Conflict of Law and Controlling Provisions

Any Contract resulting from this RFP, plus any conflict of law issue, will be governed by the laws of the State of Florida. Venue must be Leon County, Florida.

5.14 Records and Documentation

To the extent that information is utilized in the performance of the resulting 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 or administrative rule or regulation requiring otherwise, must be made available for inspection and copying by any interested person upon request as provided in Chapter 119, Florida Statutes, or otherwise. It is expressly understood that the respondent’s refusal to comply with Chapter 119, Florida Statutes, will constitute an immediate breach of the Contract resulting from this RFP and entitles the Department to

Page | 18 unilaterally cancel the Contract agreement. The Respondent will be required to promptly notify the Department of any requests made for public records.

Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this RFP must be retained by the Respondent for a period of six years after the termination of the resulting Contract or longer as may be required by any renewal or extension of the Contract. During the records retention period, the Respondent agrees to furnish, when requested to do so, all documents required to be retained. Submission of such documents must be in the Department’s standard word processing format. If this standard should change, it will be at no cost incurred to the Department. Data files will be provided in a format readable by the Department.

The Respondent must maintain all records required to be maintained pursuant to the resulting Contract in such manner as to be accessible by the Department upon demand.

Where permitted under applicable law, access by the public must be permitted without delay.

Page | 19

SECTION 6.0: PROPOSAL EVALUATION PROCESS AND CRITERIA

6.1 Introduction

The Department will evaluate and score proposals to determine the most advantageous Proposal. The ability of the Department to evaluate a respondent’s Proposal is dependent upon the completeness of the Proposal.

Failure of a Respondent to provide information requested by this RFP may result in reduction in scoring during the evaluation.

The Department may accept or reject any and all proposals, and waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interests.

6.2 Evaluation Criteria

The Department will evaluate proposals against all evaluation criteria set forth in Attachment C (Evaluator Score Sheet) in order to determine the Proposal most advantageous to the Department. Points are allocated as follows:

Technical Proposal 300

Cost Proposal 150

MAXIMUM AVAILABLE POINTS 450

6.2.1. Technical Proposal Scoring

Technical proposals will be scored by the Evaluation Team in the areas indicated below. The raw scores in each evaluation area from each team member will be averaged together. These average scores will be added to determine each respondent’s technical Proposal score.

Evaluation Criteria Maximum Points

Experience and Ability 80

Project Approach 220

TOTAL MAXIMUM POINTS POSSIBLE

(Technical Proposal) 300

6.3 Cost Proposal Opening

Cost Proposals will be opened in a public meeting after scoring and ranking of Technical Proposals.

6.3.1. Cost Proposal Scoring

Page | 20

The Department’s cost evaluation will be based upon the respondent’s proposed cost, as prescribed in Section 4.7 of this RFP. The proposed cost will be scored in accordance with the below formula:

Maximum Cost Proposal Points x (Lowest Proposal Cost/Respondent’s

Proposal Cost) = COST SCORE

6.4 Notice of Agency Decision

At the conclusion of evaluation of the proposals the Department will announce its intended decision. Notice will be posted on the state’s Vendor Information Portal. The Department will award to the responsible, responsive Respondent determined to be the most advantageous to the state, taking into consideration technical and cost proposals.

Award of a Contract does not guarantee placement of order for services.

The Department reserves the right to award more than one Contract as a result of this

RFP.

6.5 Agency Inspectors 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.

6.6 Protests

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

Only documents delivered by the U.S. Postal Service, a private delivery service, in person, or by facsimile during business hours (8:00 a.m. - 5:00 p.m., Eastern Time) will be accepted. Documents received after hours will be filed the following business day. No filings may be made by email or any other electronic means. All filings must be made with the Agency Clerk ONLY and are only considered "filed" when stamped by the official stamp of the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

ATTACHMENT A

COST PROPOSAL

Page | 21

Initial Contract Year Price Proposal:

Description of product/service Price/Budget Total Annual Amount:

Respondent Name: _____________

Respondent Mailing Address: ____

City, State, Zip: __________

Telephone: ( ) ___ Fax Number: ( )

E-Mail Address: __________

Federal Employer Identification Number (FEID): ___________

BY AFFIXING MY SIGNATURE ON THIS PROPOSAL, I HEREBY STATE THAT I HAVE READ

THE ENTIRE RFP TERMS, CONDITIONS, PROVISIONS AND SPECIFICATIONS AND ALL ITS

ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001. I hereby certify that my company, its employees, and its principals agree to abide to all of the terms, conditions, provisions and specifications during the competitive solicitation and any resulting contract including those contained in the Standard Contract.

Signature of Authorized Representative: _________________________________________

Printed (Typed) Name and Title: ________________________________________________

*An authorized representative is an officer of the respondent’s organization who has legal authority to bind the organization to the provisions of the proposals. This usually is the President, Chairman of the Board, or owner of the entity. A document establishing delegated authority must be included with the Proposal if signed by other than the authorized representative.

ATTACHMENT B

EXPERIENCE FORM

Solicitation Number:23-RFP-001-JT

Page | 22

Respondent’s Name:

Respondents must provide contact information for three references evidencing three (3) years of experience in the last five (5) years in investigative services. Respondents may use this experience form to provide the required information. The Florida Department of Elder Affairs will not be accepted as a reference for this solicitation. The Department reserves the right to contact any and all entities in the course of this solicitation in order to verify experience. Information received may be considered in the Department’s determination of the Provider’s responsibility.

The Department’s determination is not subject to review or challenge.

1.

Company/Agency Name:

Address:

City, State, Zip:

Contact Name:

Contact Phone:

Contact Email Address:

General Description of Work:

Service Dates:

Approximate Contract Value: $

2.

Company/Agency Name:

Address:

City, State, Zip:

Contact Name:

Contact Phone:

Contact Email Address:

General Description of Work:

Service Dates:

Approximate Contract Value: $

ATTACHMENT B

EXPERIENCE FORM

Solicitation Number:23-RFP-001-JT Request for Proposals – Special Investigative Services Page | 23

3.

Company/Agency Name:

Address:

City, State, Zip:

Contact Name:

Contact Phone:

Contact Email Address:

General Description of Work:

Service Dates:

Approximate Contract Value: $

Page | 24

DEPARTMENT OF ELDER AFFAIRS

ATTACHMENT C

Evaluator Score Sheet

23-RFP-001-JT

INSTRUCTIONS

Each evaluator should read all Responses before attempting to assign scores to any one Response. Evaluators must score each Respondent being evaluated on a separate score sheet.

Throughout the evaluation process, the confidentiality and security of the Responses and the scoring process must be maintained.

Response Evaluation – The evaluation team will independently score Volume Two: Technical Response. The evaluation team will not review or evaluate any other volumes of the Response.

RESPONSE EVALUATION CRITERIA

The evaluation of the Responses will involve scoring the following 2 categories:

Category 1 – Experience and Ability Category 2 – Proposed Approach Criteria have been developed for each category and are presented on the score sheet. A score should be assigned to each criterion as follows:

Assessment Maximum Points – 30

Maximum Points - 25

Maximum Points - 20

Maximum Points - 15

Excellent 26-30 21-25 18-20 13-15 Good 19-24 16-20 14-17 10-12 Adequate 13-18 11-15 10-13 7-9 Poor 7-12 6-10 6-9 4-6 Unacceptable 0-6 0-5 0-5 0-3

Scoring should reflect the evaluator’s independent evaluation of the Respondent’s overall response based on each criterion and should consider the Respondent’s ability to meet each function, characteristic, performance level, or specification described in the solicitation. A Respondent who exceeds function, characteristic, performance level, or specification described in the solicitation should receive a higher score than a Respondent who merely meets the function, characteristic, performance level, or specification.

Once the evaluator has completed a score sheet for each Response, the evaluator will submit the completed score sheets to the Procurement Officer.

Page | 25

EVALUATOR SCORE SHEET

Respondent’s Name:

CATEGORY 1 – Experience and Ability

Criteria for Evaluation Maximum Points

RFP/Statement of Work Section

Points Received

1. How well did the Response demonstrate that the Respondent has adequate experience to provide the investigation services of guardians sought in this RFP?

20 RFP

Section 3.2 through 3.2.1

2. How well did the Response demonstrate knowledge of applicable laws and administrative rules?

20 RFP

3. To what extent do the Respondent’s current and/or past contracts demonstrate experience in providing investigative services to state agencies?

20 RFP

4. How well did the Response demonstrate that the Respondent has the capability to provide investigative services statewide without the need for long-distance travel?

20 RFP

CATEGORY 2 – Proposed Approach

5. How well does the Response demonstrate the Respondent’s ability to analyze Florida statute and administrative rule to determine, which, if any, the complaint alleges were violated?

20 RFP

Section 3.2

6. How well does the Response demonstrate the Respondent’s ability to develop and provide an investigative plan within 5 business days of receipt of a

Section 3.2.1

Page | 26 complaint, as described in the Scope of Services?

7. How well does the Response demonstrate the Respondent’s ability to conduct sworn, recorded, in-person interviews, as described in the Scope of Services?

25 RFP

8. How well does the Response

Respondent’s ability to provide regular updates on the status of the investigation every 30 days until completed, as described in the Scope of Services?

15 RFP

9. How well does the Response

Respondent’s ability to complete investigations within 90 days of receipt of a complaint, as described in the Scope of Services?

30 RFP

10. How well does the Response

Respondent’s ability to submit a final report, which, at a minimum, (a) identifies the allegations; (b) identifies witnesses interviewed; (c) summarizes witness interviews; (d) identifies all evidence obtained; (e) states applicable law/rule; (f) analyzes the evidence in connection with applicable law/rule; and (g) makes findings of substantiated or unsubstantiated, as described in the Scope of Services?

30 RFP

11. How well does the Response

Respondent’s ability to submit, with the final report, all supporting documentation

15 RFP

Page | 27 and evidence to the OPPG, as described in the Scope of Services?

12. How well does the Response demonstrate the Respondent’s ability to maintain the confidentiality of information obtained during and after investigations pursuant to state statute?

25 RFP

13. How well does the Response

Respondent’s ability to participate in administrative hearings, court hearings, or other official proceedings resulting from the investigation, as described in the Scope of Services?

14. How well does the Response

Respondent’s ability to comply with Chapter 119, F.S.?

TOTAL POINTS RECEIVED FOR TECHNICAL RESPONSE – CATEGORY 1 &

CATEGORY 2

(300 Points Possible)

Evaluator Name: Date:

Evaluator Signature:

Page | 28

ATTACHMENT D

FLORIDA DEPARTMENT OF ELDER AFFAIRS

STANDARD CONTRACT

THIS CONTRACT is entered into between the Florida Department of Elder Affairs (Department or DOEA) and __________ (Contractor), collectively referred to as the “Parties.”

WITNESSETH THAT:

WHEREAS, the Department has determined that it is in need of certain services as described herein; and WHEREAS, the Contractor has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent Contractor of the Department.

NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. Purpose of Contract:

The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments, forms, and exhibits which constitute the contract document.

2. Incorporation of Documents within the Contract:

The contract will incorporate attachments, proposal(s), state plan(s), grant agreements, relevant Department handbooks, manuals and/or desk books, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the proposal(s) or other general materials not specific to this contract document and identified attachments.

3. Term of Contract:

This contract shall begin at twelve (12:00)…