DOT-ITN-25-8031-SM.pdf

Florida Department of Transportation – SunTrax Test Facility Operator Page 1 of 30

DOT-ITN-25-8031-SM

State of Florida Department of Transportation

INVITATION TO NEGOTIATE

SunTrax® Test Facility Operator

CONTACT FOR QUESTIONS:

Sheree Merting, Procurement Officer

TP.Purch@dot.state.fl.us mailto:TP.Purch@dot.state.fl.us

Florida Department of Transportation – SunTrax Test Facility Operator Page 2 of 30

State of Florida Department of Transportation

Florida’s Turnpike Enterprise Contractual Services Office Mile Post 263, Building 5315, Ocoee, FL 34761

INVITATION TO NEGOTIATE REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO TP.Purch@dot.state.fl.us

ITN Number: DOT-ITN-25-8031-SM

Title: SunTrax® Test Facility Operator

Sealed Reply Due Date & Time: May 20, 2025, 2:30 p.m. EST

Potential Respondents should complete and return this Registration Form as soon as possible after downloading. Complete the information below and email to Sheree Merting at TP.Purch@dot.state.fl.us.

THE INVITATION TO NEGOTIATE DOCUMENT IS SUBJECT TO CHANGE. Notice of changes (“Addenda”), will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/, under the above referenced ITN number.

It is the responsibility of all potential Respondents to monitor the Vendor Information Portal for any changing information prior to submitting a Reply and throughout the procurement process.

Company Name:____________________________________________________________

Address: __________________________________________________________________

City, State, Zip: _____________________________________________________________

Telephone: ( ____) __________________________________________________________

Contact Person: ____________________________________________________________

Website ____________________________________ E-Mail Address:__________________

For further information on this process, please e-mail TP.Purch@dot.state.fl.us mailto:TP.Purch@dot.state.fl.us https://vendor.myfloridamarketplace.com/

Florida Department of Transportation – SunTrax Test Facility Operator Page 3 of 30

1. INTRODUCTION

1.1 PURPOSE

Pursuant to this Invitation to Negotiate (“ITN”), the Florida Department of Transportation, Florida’s Turnpike Enterprise (“Department”) is soliciting written Replies from qualified Respondents interested in participating in competitive negotiations to establish a term Contract for the maintenance and operation of the SunTrax® Test Facility (“SunTrax”). The Department intends to contract with the Responsive and Responsible Respondent who is determined by the Department to provide the best value to the State, based on the selection criteria described herein; however, the Department reserves the right to make no award at its sole discretion.

The Department is requesting operations of Infield Test Sectors, shared operations of the Highway-Speed Oval, and operations of existing equipment to advance the Department’s goal and objectives as stated in Section 1.2 of the “Scope of Work” as established in Exhibit “A.”

1.2 GOAL AND QUESTIONS TO BE EXPLORED

The goal of this Contract is to operate the SunTrax Test Facility for the advancement of transportation technologies as an active and continuously evolving center for the development of innovative technologies that improve transportation safety, efficiency, and accessibility.

The questions to be explored as part of this ITN are as follows:

• What are the Respondent’s operational, managerial, maintenance, and financial approaches to distinguish the SunTrax Test Facility as an active and continuously evolving center for the development of innovative technologies that improve transportation safety, efficiency, and accessibility?

• How will the Respondent optimize utilization of the SunTrax Test Facility to research, test, and ultimately safely deploy transportation technology systems?

• How will the Respondent provide simulation, engineering, testing and validation services to ensure end-to-end testing support services?

• How will the Respondent collaborate with academia to promote the Department’s mission and its transportation research activities?

• How will the Respondent support and evaluate new research opportunities that will broaden and modernize the focus on transportation technology such as the role of digital infrastructure, advanced data analytics, and emerging transportation technology modes?

1.3 TERM

It is anticipated that the initial term of the Contract will begin on or about August 1, 2025 and will be effective for five (5) years thereafter. The Contract may be renewed for up to five (5) additional years in such increments as determined by the Department. Renewals are contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Costs for renewal may not be charged. Any renewal or extension must be in writing and is subject to the same terms and conditions set forth in the Contract and any written amendment signed by the parties thereto.

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1.4 DEFINITIONS

The definitions in Form PUR 1001, General Instructions to Respondents (“PUR 1001”) found in Rule 60A- 1.0002, Florida Administrative Code (F.A.C.), are hereby incorporated, which is attached as Attachment C.

In addition to the definitions in PUR 1001 and the definitions in Exhibit “A,” Scope of Work, and Attachment C, PUR 1001, the following definitions also apply to this ITN:

Best and Final Offer (“BAFO”)- A Respondent’s best and final offer made in the Negotiation Phase.

Respondent- an entity who submits a written Reply to this ITN.

Reply- a formal written response to this ITN, including the Technical Reply, the Financial Approach, and properly completed forms and supporting documentation.

Technical Review Committee (“TRC”)- at least three persons who will independently evaluate Replies to the ITN and who collectively have experience and knowledge in the program areas and services requirements for the commodities and services sought.

Negotiation Team- at least three persons selected by the Department to conduct negotiations who have experience and knowledge in negotiating contracts, contract procurement, and the program areas and service requirements for the commodities and services sought.

Responsive Reply- means a Reply submitted by a responsive and responsible Respondent which conforms in all material respects to the ITN.

Responsive Respondent- means a Respondent that has submitted a Reply that conforms in all material respects to the ITN.

Responsible Respondent- means a Respondent who has the capability in all respects to fully perform the Contract requirements and the integrity and reliability that will assure good faith performance.

Unless otherwise defined herein or in the Exhibits and Attachments to this ITN, all capitalized terms shall have the meanings ascribed to such terms in Exhibit “A,” Scope of Work.

1.5 TIMELINE

The anticipated timeline of events (“Timeline”) for this ITN is provided below. The dates and times within the Timeline are subject to change. Notices of changes (“Addenda”) will be posted on the Florida Vendor Information Portal (VIP) at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this ITN number. It is a Respondent’s responsibility to monitor this site for any changing information prior to submitting a Reply, as well as throughout the procurement process.

ACTION/LOCATION DATE TIME (ET)

PRE-REPLY CONFERENCE (Non-Mandatory) In-person only:

SunTrax Arrival and Conference Building 100 Transformation Way Auburndale, Florida 33823

(863) 269-4070

February 13, 2025

9:00 AM

SITE VISIT (Non-Mandatory) In-person only:

SunTrax

February 13, 2025 Following the Pre- Reply Conference

Florida Department of Transportation – SunTrax Test Facility Operator Page 5 of 30

100 Transformation Way Auburndale, Florida 33823

(863) 269-4070 DEADLINE FOR SUBMISSION OF QUESTIONS March 11, 2025 5:00 PM

REPLIES DUE

Florida’s Turnpike Headquarters Florida’s Turnpike, Milepost 263.0 Turkey Lake Service Plaza, Bldg. 5315 Ocoee, Florida 34761

(407) 532-3999

May 20, 2025

2:30 PM

PUBLIC OPENING (REPLIES)

In-person only:

Florida’s Turnpike Headquarters Florida’s Turnpike, Milepost 263.0 Turkey Lake Service Plaza, Bldg. 5315 Ocoee, Florida 34761 Room: Auditorium B

May 20, 2025

3:00 PM

NEGOTIATIONS

(Not open to the public)

TBD

NEGOTIATION TEAM PUBLIC MEETING

In-person only:

Florida’s Turnpike Headquarters Florida’s Turnpike, Milepost 263.0 Turkey Lake Service Plaza, Bldg. 5315 Ocoee, Florida 34761 Room: Auditorium A

TBD

POSTING OF INTENDED DECISION

Via Vendor Information Portal

TBD

1.6 SPECIAL ACCOMMODATIONS

Any person with a disability requiring a special accommodation due to a disability should contact the Procurement Officer. Requests for accommodations for meetings must be made at least five (5) business days prior to the meeting for which they require assistance. A person who is hearing or speech impaired may contact the Procurement Officer by using the Florida Relay Services at 1 (800) 955-8771 (TDD).

2. SPECIAL CONDITIONS

2.1 MyFloridaMarketPlace (“MFMP”)

RESPONDENTS MUST BE REGISTERED IN THE STATE OF FLORIDA’S MFMP SYSTEM BY THE TIME

AND DATE THE WRITTEN REPLIES ARE DUE OR THEY MAY BE CONSIDERED NON-RESPONSIVE.

All prospective Respondents that are not registered should go to https://vendor.myfloridamarketplace.com/ to complete on-line registration or call 1-866-352-3776 for assisted registration.

2.2 FLORIDA DEPARTMENT OF FINANCIAL SERVICES (“DFS”) W-9 REQUIREMENT

DFS requires all vendors that do business with the State of Florida to submit an electronic Substitute Form W-9. Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com to receive https://flvendor.myfloridacfo.com/

Florida Department of Transportation – SunTrax Test Facility Operator Page 6 of 30 payments from the state. Contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions.

2.3 ADDENDA TO THE ITN

The Department reserves the right to make changes to this ITN by issuing Addenda. Any Addenda issued will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this ITN number. It is a Respondent’s responsibility to monitor this site for any changing information prior to submitting its Reply, as well as throughout the procurement process. The only recognized changes to this ITN are those changes made through written Addenda issued by the Department.

2.4 MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION

The Department, in accordance with Title VI of the Civil Rights Act of 1964, 42 USC 2000d- 2000d-4, Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Respondents that the Department will affirmatively ensure that in any Contract entered into pursuant to this ITN, minority and disadvantaged business enterprises will be afforded the full opportunity to submit Replies in response to this ITN and will not be discriminated against on the basis of race, color, national origin, or sex in consideration for an award.

The Department encourages small, minority, women, and service-disabled veteran businesses to compete for Department contracts, both as a Respondent and as subcontractors. The Department, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that small, minority, women, and service-disabled veteran businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment. The Respondent shall indicate its intent regarding MBE participation on the Notice of Intent to Sublet and MBE Planned Utilization form (Form 1) and to submit the completed form with its Reply. The Respondent will be asked to submit payment certification for MBE subcontractors used.

To request certification or to locate certified MBEs, contact the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the Internet at https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd.

2.5 CONVICTED VENDOR LIST

Pursuant to Section 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two (currently $35,000), for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

2.6 DISCRIMINATORY VENDOR LIST

Pursuant to Section 287.134(2)(a), Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or mailto:FLW9@myfloridacfo.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

Florida Department of Transportation – SunTrax Test Facility Operator Page 7 of 30 services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

2.7 ANTITRUST VIOLATOR VENDOR LIST

Pursuant to Section 287.137(2)(a), Florida Statutes, a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

2.8 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

Pursuant to Section 287.05701, Florida Statutes, an awarding body may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor, and an awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interest.

2.9 CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED

The Respondent must submit, with its Reply, a completed Foreign Country of Concern Attestation (“”PUR 1355) (“Form 3”). Form 3 must be completed by an officer or representative of the Respondent on behalf of Respondent.

2.10 PROVISION OF COMMODITIES PRODUCED BY FORCED LABOR

Pursuant to Section 287.1346, Florida Statutes, at the time a company submits a bid, proposal, or reply for a contract and before the company enters into or renews a contract with an agency for the provision of commodities, a member of the company’s senior management must certify, in writing, that to the best of his or her knowledge the commodities such company is offering to the agency have not been produced, in whole or in part, by forced labor.

The Respondent must submit, with its Reply, a completed Certification Regarding Provision of Commodities Produced by Forced Labor Form (“Form 5”). Form 5 must be signed by a member of the Respondent’s senior management, as defined in Section 287.1346, Florida Statutes.

In addition, prior to execution of the Contract, the Operator must submit to the Procurement Officer, within ten (10) calendar days of written request by the Procurement Officer, a completed Form 5 signed by a member of the Operator’s senior management, as defined in Section 287.1346, Florida Statutes.

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2.11 USE OF COERCION FOR LABOR AND SERVICES

Pursuant to Section 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services.

Prior to execution of the Contract, the Operator must submit to the Procurement Officer, within ten (10) calendar days of written request by the Procurement Officer, a completed Affidavit Regarding Labor and Services (“Form 7”), which must be signed by an authorized representative of the Operator under penalty of perjury.

2.12 AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA

The Respondent must be authorized by the Florida Department of State to transact business in the State of Florida. Such authorization should be obtained by the Reply due date and time, but in any case, must be obtained prior to the execution of the Contract. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

2.13 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA

If a Reply includes services that require an individual be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the Reply due date and time, but in any case, must be obtained prior to posting of the intended award of the Contract. For licensing, contact:

Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797

(850) 487-1395

2.14 UNAUTHORIZED ALIENS

The employment of unauthorized aliens by any person or entity is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Operator knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract.

2.15 SCRUTINIZED COMPANIES

The Respondent must submit, with its Reply, a completed Respondent Certification Regarding Scrutinized Companies Form (“Form 2”).

The Department may terminate the Contract if the Respondent is found to have submitted a false certification under Section 287.135(5), Florida Statutes; been placed on the Scrutinized Companies with Activities in Sudan List; been engaged in business operations in Cuba or Syria; been placed on a list created pursuant to Section 215.473, Florida Statues, relating to scrutinized active business operations in Iran; or been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

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2.16 LIABILITY INSURANCE

The Operator shall carry and keep in force throughout the duration of the Contract all insurance policies and coverages described in the Standard Written Agreement provided as Attachment A to this ITN (“Standard Written Agreement”). Prior to execution of the Contract, the Operator must submit to the Procurement Officer certificates evidencing, to the Department’s satisfaction, the required coverages to be in effect. The certificates must be submitted by the Operator to the Procurement Officer within ten (10) calendar days of written request by the Procurement Officer.

2.17 SURETY LETTER AND PERFORMANCE BOND

The Respondent must submit, within Part III of its Reply, a letter from a surety company or bonding agent authorized to do business in the State of Florida and written on the surety company’s letterhead, to document the Respondent’s present ability to obtain a payment and performance bond covering the duration of the Contract in the amount of $ 7,500,000.00 (“Performance Bond”). Failure by the Respondent to provide this letter with its Reply will result in the Reply being deemed nonresponsive. Replies found to be non-responsive will not be considered.

The Operator must supply the Performance Bond, which must be in the form provided in Form 6 attached to this ITN and which must cover the duration of the Contract in an amount of $7,500,000.00, to the Procurement Officer within ten (10) calendar days of written request by the Procurement Officer. The Performance Bond must be provided by a surety company authorized to do business in the State of Florida, payable to the Department and conditioned upon the Operator’s prompt, faithful, and efficient performance of the Contract according to its terms and conditions, and for the Operator’s prompt payment of all persons furnishing labor, materials, equipment, and supplies thereof. In the event the Contract is renewed or extended, the Operator must supply a Performance Bond in the amount described above to cover any such renewal or extension.

Failure to provide the Performance Bond (Form 6) to the Department as required will annul the Contract award, and the Department may then (at its discretion) re-advertise or take such other action as deemed appropriate by the Department.

2.18 GENERAL CONTRACT CONDITIONS (“PUR 1000”)

The State of Florida’s General Contract Conditions are outlined in Form PUR 1000, which is a document included in Attachment B and is incorporated by reference into this ITN.

The following paragraphs within PUR 1000 do not apply to this ITN:

Paragraph 5.l., PRIDE – PUR 1000 Paragraph 8.a., Dispute Resolution – PUR 1000

2.19 GENERAL INSTRUCTIONS TO RESPONDENTS (“PUR 1001”)

The State of Florida’s General Instructions to Respondents are outlined in Form PUR 1001, which is a document included in Attachment C and is incorporated by reference into this ITN.

The following paragraphs within PUR 1001 do not apply to this ITN:

Paragraph 3, Electronic Submission – PUR 1001

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Paragraph 4, Terms and Conditions – PUR 1001 Paragraph 5, Questions – PUR 1001

2.20 ORDER OF PRECEDENCE OF THIS ITN

All Replies are subject to the terms and conditions of this ITN, which, in case of conflict, shall have the following order of precedence (highest to lowest):

Addenda to ITN, in reverse order of issuance

ITN

Exhibit “A,” Scope of Work Exhibit “B,” Revenue and Expense Summary Attachment A - Standard Written Agreement Attachment B – General Contract Conditions (PUR 1000) Attachment C – General Instructions to Respondents (PUR 1001) Respondent’s Technical Reply All other Attachments in the order listed in Section 6.3

2.21 RESERVATIONS

In addition to any other rights reserved or afforded to the Department under this ITN and under applicable law, the Department reserves the right to:

a) Cancel this ITN at any time prior to the Department’s execution of the Contract, without incurring any cost obligations or liabilities;

b) Accept or reject any Reply at any time;

c) Terminate evaluation of any Reply at any time;

d) Modify any dates set or projected in this ITN; and

e) Waive minor informalities or irregularities in Replies.

2.22 CONTRACT DOCUMENT

The Department’s “Standard Written Agreement” is attached hereto and made a part hereof. The terms and conditions contained therein will become an integral part of the Contract resulting from this ITN. In submitting a Reply, a Respondent agrees to be legally bound by these terms and conditions. Exhibit “A,” and Exhibit “B,” to this ITN will become Exhibits “A” and “B,” respectively, to the Standard Written Agreement after Contract award.

2.23 SCOPE OF WORK

Details of the desired commodity/services, information, and items to be furnished by the Operator are described in Exhibit “A,” Scope of Work, attached hereto and made a part hereof.

2.24 PROTEST OF ITN SPECIFICATIONS

Any person who is adversely affected by the contents of this ITN must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after the posting of the ITN, (the

Florida Department of Transportation – SunTrax Test Facility Operator Page 11 of 30 notice of protest may be faxed to 850-414-5264 or hand delivered to the address above), and

2. A formal written protest in compliance with Section 120.57(3), Florida Statutes, within ten

(10) days of the date on which the written notice of protest is filed to the address above.

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

3 ITN PROCESS

3.1 OVERVIEW OF ITN PROCESS

The ITN is a method of competitively selecting a commodity or contractual services under chapter 287, Florida Statutes. The ITN process will involve three (3) phases: solicitation, evaluation, and negotiation.

3.2 SOLICITATION PHASE

3.2.1 Pre-Reply Conference and Site Visit

A pre-reply conference will be held at the date, time, and location in the Timeline. Information provided by the Department and answers to any questions presented by attendees will be non-binding and will not be considered an official position of the Department. The only recognized changes to the ITN are those changes made through written Addenda issued by the Department. Attendance at this pre-reply conference is not mandatory.

A site visit will be held immediately following the pre-reply conference (see Timeline). Attendance at this site visit is not mandatory.

3.2.2 Question and Answer Period

In accordance with Section 287.057(25), Florida Statutes, Respondents to this ITN or persons acting on their behalf may not contact, between the release of the ITN and the end of the seventy-two (72) hour period following the Department’s posting of the notice of intended award, excluding Saturdays, Sundays, and State holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the ITN documents. Violation of this provision may be grounds for the Department to deem a Reply as non-responsive.

Any questions arising from this ITN must be forwarded, in writing, to the Procurement Officer identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department’s written response to written inquiries submitted timely will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”), under this ITN number. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting their Reply, as well as throughout the procurement process.

WRITTEN QUESTIONS should be submitted to:

Sheree Merting, Procurement Officer, Email: TP.Purch@dot.state.fl.us

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ALL EMAILS TO THE PROCUREMENT OFFICER MUST CONTAIN THE ITN NUMBER (DOT-ITN-25-

8031-SM) IN THE SUBJECT LINE.

3.2.3 Submission of Replies

Once the Department posts the answers to the questions as indicated in Section 3.2.2, prospective Respondents may submit a Reply as indicated in Section 4, Reply Instructions; however, Respondents are encouraged to submit their Reply no earlier than five (5) days prior to the submission deadline.

Respondents must submit their Replies by the deadline listed in the Timeline.

3.2.4 Public Opening of Replies

The Department will open the Replies in a public meeting at the date, time, and location noted in the Timeline.

Agenda for Public Opening of Replies

Starting Time: see Timeline above

- Opening remarks of approximately two (2) minutes by Department Procurement Office personnel.

- Public comment period to allow a maximum of fifteen (15) minutes total for public comments related to the ITN.

- At the conclusion of the public comment period or fifteen (15) minutes, whichever occurs first, the Replies timely received will be opened, with the Respondents’ name read aloud.

No other information will be read aloud at the meeting.

- Adjourn meeting.

3.3 EVALUATION PHASE

3.3.1 Administrative Responsiveness Review

Replies will not be considered if received by the Department after the Reply due date and time specified in the Timeline (as may be modified by subsequent Addenda). Only Replies received by the Department on or before the Reply due date and time will be considered. All Replies must be typed or printed in ink.

Replies found to be non-responsive shall not be considered. Replies may be rejected if found to be irregular or not in conformance with the requirements and instructions of this ITN. A Reply may be found to be irregular and non-responsive for reasons that include, but are not limited to, a Respondent’s failure to utilize or fully complete required Forms as part of the Reply, the Reply contains required Forms that are altered by a Respondent, the Reply submitted is a conditional Reply, the Reply is incomplete, indefinite, or ambiguous, or the Reply lacks proper and/or dated signatures. The Procurement Officer will make an initial administrative responsiveness determination prior to distribution of the Replies to the TRC members;

however, the Department reserves the right to make a responsiveness determination at any time.

3.3.2 Other Grounds for Non-Responsive Determination

Other conditions which may cause rejection of a Reply include, but are not limited to, evidence of collusion among Respondents, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the General Services Administration Excluded Parties List. A Respondent whose Reply, past performance, or experience do not reflect the capability, integrity, or reliability to fully and in good faith

Florida Department of Transportation – SunTrax Test Facility Operator Page 13 of 30 perform the requirements of the Contract may be deemed non-responsible. The Department reserves the right to determine which Replies meet the requirements of this ITN, and which Respondents are Responsive and Responsible.

3.3.3 Evaluation by the TRC

The Department will establish a TRC to evaluate and score all Replies that meet the initial administrative responsiveness requirements. Replies will be evaluated by the TRC according to the evaluation criteria set forth below and as set forth in this ITN. Each TRC member will independently evaluate Part I and Part II of each Respondent’s Reply according to the evaluation criteria set forth below and as set forth in this ITN.

The maximum number of points available for each criterion is described below:

Part I Description Available Points

1 Executive Summary No Point Value 2 Company History and Experience 5 3 Management Approach 30 4 Technical and Operations Approach 20 5 Marketing and Business

Development Approach

6 Innovations/Contributions/Additional Technical Content

Part II Description Available Points

Financial Approach 20

TOTAL AVAILABLE POINTS 100

The Procurement Officer will add the scores from each TRC member for Part I and Part II of a Respondent’s Reply and divide the total by the number of TRC members to determine the Respondent’s overall Reply Score (“Reply Score”). The maximum Reply Score achievable by a Respondent to this ITN is one hundred

(100) points.

A Respondent’s Reply Score will be used to establish the competitive range of Replies reasonably susceptible of award (the “Competitive Range”). The Department, at its discretion, may select one or more Respondents within the Competitive Range to invite to the negotiation phase (described in Section 3.4).

3.4 NEGOTIATION PHASE

After the evaluation and scoring of Replies as set forth in Section 3.3.3, and the Department has established a Competitive Range of Replies reasonably susceptible of award, the Department will select one or more Respondents within the Competitive Range to commence negotiations.

The Department will establish a Negotiation Team to conduct the negotiations on behalf of the Department.

The Negotiation Team will make a recommendation of an award to the Respondent that will provide best value to the State based on the selection criteria in the ITN. The Negotiation Team will not be bound by any TRC member’s evaluation or scoring, but material from the evaluation phase may be utilized by the Negotiation Team as a resource.

During the negotiation phase, pricing submitted with a Reply may be reduced but should not be raised unless the increase is directly related to changes in offered services in the BAFO and as negotiated in

Florida Department of Transportation – SunTrax Test Facility Operator Page 14 of 30 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 determines that such changes would provide the best value to the State. Additional operational requirements may be defined and clarified.

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 negotiation meetings and Negotiation Team strategy meetings will be subject to the provisions of Section 286.0113, F.S.

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

Negotiations will continue as determined by the Negotiation Team, until acceptable terms and conditions are agreed upon through a BAFO, if applicable, or the Negotiation Team determines, at its sole discretion, that an acceptable agreement cannot be reached. The Negotiation Team reserves the right to conclude negotiations at any time with any or all Respondents and proceed to Contract award.

Representatives for each Respondent should plan to be available, at least by telephone, without interruptions, for the entirety of the Respondent’s scheduled negotiation meeting(s). The Department reserves the right to limit the number of representatives permitted to attend the negotiation meetings.

During the negotiation phase, the Negotiation Team may request clarification and revisions to Replies (including BAFO(s)) and identify information to be submitted to the Negotiation Team 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 the Department will modify language in the Request for BAFO(s) expressing mandatory contractual requirements, which previously was permissive language within the procurement documents.

For example, the word ‘should’ may be replaced by the word ‘must’ in the final Scope of Work attached to the Request for BAFO(s).

3.4.1 Other Department Rights During Negotiation

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

a) Schedule additional negotiation meetings with any or all Responsive Respondents.

b) Require any or all Responsive Respondents to provide additional, revised, or final written

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Replies addressing specific topics, including, but not limited to, modifications to the ITN specifications, terms or conditions, or business references.

c) Require any or all Responsive Respondents to provide revised Replies and written BAFO(s).

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

e) Pursue a Contract with a Respondent for the services encompassed by this ITN, including any

Addenda thereto and any request for additional, revised, or final written Replies or request for BAFOs.

f) Finalize Contract terms and conditions with any Respondent at any time.

g) End negotiations with any or all Respondents at any time, regardless of the status of or schedule of negotiations, and continue negotiations with other Respondents, or not continue negotiations with any Respondents.

h) Conclude negotiations at any time and proceed to Contract award.

i) Reopen the negotiations with any Responsive Respondent.

j) Take any additional, administrative steps deemed necessary in determining the final award, including conducting demonstrations, additional fact-finding, evaluation, or negotiation where necessary and consistent with the terms of this solicitation.

k) Request the assistance of and use of subject matter experts.

l) Review and reply on relevant information contained in the Replies.

m) Request pricing options different from the initial pricing provided by the Respondent.

n) Request business references and materials related to a reference check. If requested, the following guidelines will apply:

• References should be relevant to the services in the solicitation.

o If a reference provided by the Respondent relates to a Respondent’s parent or affiliated entity or a subcontractor, the Respondent shall indicate such at the time the references are provided to the Department.

• References will not be accepted from:

o Current employees of the Department;

o Former employees of the Department within the past three (3) years;

o Persons currently or formerly employed by the Respondent, its parent, an affiliated entity, or subcontractor;

o Board members of the Respondent;

o Relatives of Respondent’s employees or board members;

o Members of the Respondent’s organization who have written, completed, and submitted the form on behalf of the reference; and o Any person involved in the drafting of this ITN or the procurement process on behalf of the Department.

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

3.5 NEGOTIATION AND STRATEGY MEETINGS

In accordance with Section 286.0113, F.S., negotiations between the Department and a Respondent are exempt from Chapter 286, F.S., and s. 24(b), Art. I of the State Constitution. Also, any portion of a Negotiation Team meeting at which negotiation strategies are discussed is exempt from Section 286.011, F.S.

The Department will record all strategy meetings of the Negotiation Team and all negotiation meetings between the Department and a Respondent, as required by law, and such recordings will eventually become subject to disclosure pursuant to Chapter 286, F.S. During negotiations, Respondents must inform the

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Department prior to discussing any information it believes is confidential information as part of a negotiation meeting so that the Department can make appropriate arrangements for the segregation of the recording.

If the Respondent fails to inform the Department that any portion of the negotiation meetings should be considered confidential information, prior to the discussion of confidential information, the Department is authorized to produce the entire audio recording in response to a public records request or other demand for disclosure without further inquiry and without liability to the Respondent.

3.6 SELECTION CRITERIA

Each Respondent will be assessed against the selection criteria to make a determination as to which Respondent presents the best value to the State. The selection criteria will include, but not limited to:

1. The Respondent’s articulation, innovation, and demonstrated ability to meet the Department’s goal and objectives.

2. The experience and skills of the Respondent’s proposed staff relative to its proposed solution;

and

3. The reasonableness of the Respondent’s price and overall best value to the State.

3.7 DEPARTMENT’S NEGOTIATION TEAM RECOMMENDATION

At a public meeting, the Negotiation Team will make a recommendation for Contract award to the Respondent that will provide the best value to the State based on the selection criteria in Section 3.6. The recommendation will be by consensus vote of the Negotiation Team. The Negotiation Team will forward its recommendation to the Department agency head or designee for review. The Department agency head or designee will make the final decision to approve or reject the recommendation of the Negotiation Team.

Agenda – Negotiation Team Public Meeting Starting Time: see Timeline above

- Opening remarks of approximately two (2) minutes by Department Procurement Office personnel.

- Public comment period to allow a maximum of fifteen (15) minutes total for public comment related to the ITN.

- At the conclusion of the public comment period or fifteen (15) minutes, whichever occurs first, the Negotiation Team will discuss which Respondent provides the best value to the State based on the selection criteria.

- The Negotiation Team will reach a consensus recommendation as to the Respondent who provides the best value to the State.

- Adjourn meeting.

3.8 TRC AND NEGOTIATION TEAM ASSISTANCE

Due to the complexity of this procurement, the TRC, the Negotiation Team, and individual members of both are authorized to confer with consultants, subject matter experts, and others during the course of the procurement for the purpose of gathering information.

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3.9 VIEW OF RESPONDENT’S FACILITIES & QUALIFICATIONS

After the Reply due date and prior to Contract execution, the Department reserves the right to perform or have performed, an on-site review of the Respondent’s facilities and qualifications. This review will serve to verify data and representations submitted by the Respondent and may be used to determine whether the Respondent has adequate, qualified, and experienced staff, and can provide overall management of the SunTrax Test Facility. The review may also serve to verify whether the Respondent has financial capability adequate to meet the Contract requirements.

Should the Department determine that a Reply, or any document submitted to the Negotiation Team, has material misrepresentations or that the size or nature of the Respondent’s facilities or the number of experienced staff (including technical staff) are not adequate to ensure satisfactory Contract performance, the Department has the right to reject the Reply or cease negotiations with that Respondent.

4. REPLY INSTRUCTIONS

4.1 GENERAL INSTRUCTIONS

This section contains instructions that describe the required format for the Reply. The instructions for this solicitation have been designed to help ensure that all Replies are reviewed and evaluated in a consistent manner, as well as to minimize costs and response time. A Reply that contains any conditions or exceptions to any aspect of this ITN, or in variance with these instructions, may be deemed non-responsive and not reviewed or evaluated. The only recognized changes to this ITN prior to the opening of Replies will be written Addenda issued by the Department.

The Department has established certain requirements with respect to responses submitted to competitive solicitations. The use of “shall,” “must,” or “will” (except to indicate futurity) in this ITN, indicates a requirement or condition from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient Reply is not in substantial accord with the ITN’s requirements, provides a significant advantage to one Respondent over another, or has a potentially significant effect on the quality of the Reply or on the cost to the Department. Material deviations cannot be waived. The words “should” or “may” in this ITN indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such desirable features will not in and of itself cause rejection of a Reply.

The Respondent shall within its Technical Reply, Part I, identify any items for which the Respondent intends to remain vested or owned by the Respondent at the expiration or termination of the Contract.

4.2 CONTENTS OF A REPLY

A Reply must be organized in three (3) separate parts: the Technical Reply (Part I), the Financial Approach (Part II), and Forms and Surety Letter (Part III). The mandatory minimum requirements of this ITN are a Reply must contain all three Parts and required documents as follows:

• Part I - Technical Reply, with Appendices 1-3

• Part II - Financial Approach, with Appendix 4

• Part III - Forms and Surety Letter

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4.2.1 Technical Reply (“Part I”)

The Technical Reply shall be organized in the following sections and contain the information described below. Failure of the Respondent to follow this outline and the instructions contained in this ITN may result in the rejection of the Reply.

The Technical Reply is limited to a maximum of fifty (50) pages, with each page not to exceed 8½” x 11” in size. Foldout pages with a size not exceeding 11” x 17” may be used, where appropriate, but shall not exceed five (5) pages of the Technical Reply. Each 11” x 17” page shall be counted as a single page and will be counted towards the Technical Reply maximum page limit. All pages must be sequentially numbered.

A page with information on both sides shall be counted as two (2) pages. Font size should be at least 10-point for readability. The Technical Reply may include a cover or title page, table of contents, and tab dividers for organizational purposes. Cover or title page, table of contents, and tab dividers will not count towards the Technical Reply maximum page limit (no additional exclusions will be permitted). The information provided in the Technical Reply should be clearly and concisely stated. The Technical Reply should not contain any hyperlinks to external content or web pages as this content will not be accessed or evaluated.

The following shall be included with the Technical Reply (Part I) as appendices, and will not be included in the page count:

Appendix 1 - Resumes of Key Staff (maximum of two (2) 8 ½” x 11” pages per person)

Appendix 2 – Outline of Proposed Plans, including:

• Quality Management Plan outline (maximum of five (5) pages)

• Staffing Plan outline (maximum of five (5) pages)

• Utilization Plan outline (maximum of five (5) pages)

• Transportation Research Plan outline (maximum of five (5) pages)

• Safety Plan outline (maximum five (5) pages)

• Security Plan outline (maximum five (5) pages)

• Emergency Management Plan outline (maximum five (5) pages)

• Information Technology Plan outline (maximum of five (5) pages)

• Maintenance Plan outline (maximum five (5) pages)

• Marketing and Business Development Plan outline (maximum five (5) pages)

Appendix 3 - Exhibits to support any proposed Additional Innovations, Contributions, or Technical Alterations (maximum 11” x 17” page size), as well as the draft 5-year Capital Improvement Plan (“CIP”) Plan (maximum fifty (50) pages)

The Technical Reply shall be divided into six (6) sections; Executive Summary, Company History and Experience, Management Approach, Technical and Operations Approach, Marketing and Business Development Approach, and Innovations/Contributions/Additional Technical Content.

1. EXECUTIVE SUMMARY

The Respondent shall provide an executive summary to be written in nontechnical language to summarize the Respondent's overall capabilities and approaches to perform the Scope of Work requested by this ITN. The Respondent is encouraged to limit the summary to no more than three

(3) pages.

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2. RESPONDENT'S COMPANY HISTORY AND EXPERIENCE

The Respondent shall provide an overview of the Respondent’s business. The Respondent should provide detail on how the Respondent’s business aligns with the Department’s goal and objectives for the SunTrax Test Facility. The Respondent shall describe its prior experience, and the prior experience of any subcontractor, affiliate, subsidiary, parent, or predecessor entity of the Respondent (if the Respondent is relying on such prior experience), in providing the types of commodities and services described in the Scope of Work. The information provided should include: