F1327070681_59ITNFINAL.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Negotiate (ITN) No: ITN FNW 21 22 59

Title: MARKETING, MEDIA PLANNING AND BUYING

Carmelita Graham, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 850-671-7181

Bids@FDACS.gov

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. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

ADVERTISEMENT NUMBER: ITN FNW 21 22 59

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services, Division of Food, Nutrition and Wellness (FDACS or Department) issues this Invitation to Negotiate (ITN) for marketing, media planning and media buying as specified herein. This Invitation to Negotiate (ITN) and all activities leading toward the anticipated issuance of the Contractual Services Agreement are conducted pursuant to 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

This solicitation will be administered through the MyFloridaMarketPlace/ Vendor Information Portal. Vendors (Contractor) interested in submitting a reply must comply with all terms and conditions described in this solicitation.

The Department intends to make a single award or to make no award, as determined to be in the best interest of the state.

1.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this Invitation to Negotiate (ITN) unless modified by the Department by written addendum. All required actions must be completed by the date and time indicated on the timeline.

EVENT DATE/TIME (ET) LOCATION

Release of ITN March 18, 2022 Vendor Bid System

Last day for written Inquiries to be received by the Department. No questions will be accepted after this date.

April 29, 2022

Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries

May 9, 2022

MyFloridaMarketPlace/ Vendor Information Portal

Sealed Replies Due

May 24, 2022

5:00 PM

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Opening May 25, 2022

2:00 PM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Evaluation Phase (Anticipated)

June 1-15, 2022

Presentations/ Negotiations

June 16-29, 2022

Virtual/ Tallahassee, FL

Public Meeting- Teleconference Number: 1 (888) 585 – 9008 mailto:Bids@FDACS.gov

Award Recommendation

(Anticipated)

July 6, 2022

10:00 AM

Conference Room Number:407 639 217

Notice of Agency Decision/ Intent to Award

July 12, 2022

MyFloridaMarketPlace/ Vendor Information Portal

The Department shall utilize the MyFloridaMarketPlace/ Vendor Information Portal as the single resource for all ITN, Public Notice information in accordance with 28-102.001, Florida Administrative Code (F.A.C.)

1.3 Public Opening

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

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

1.4 Mandatory Requirements

The FDACS has established certain requirements with respect to submissions to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITN indicates a requirement or conditions 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 response is not substantial accord with the ITN requirements, provides an advantage to one respondent over other respondents or has potentially significant effect on the quantity or quality of service.

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 a desirable feature, will not in itself cause rejection of a Reply.

1.5 Conflicts and Order(s) of Precedence

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

a. Addenda, in reverse order of issuance

b. ITN, including attachments

c. PUR 1000, General Contract Conditions

d. PUR 1001, General Instructions to Respondents

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Overview

The Florida Department of Agriculture and Consumer Services (FDACS or Department), Division of Food, Nutrition and Wellness (FNW) seeks to enter into a contractual services agreement with a highly qualified vendor that specializes in marketing, media planning and media buying.

Creative and outreach efforts are not part of this ITN and will be included in a separate solicitation/resulting contract.

https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

The Department seeks to increase awareness and participation in the state’s multiple child nutrition programs using marketing activities in 2022, 2023, and 2024, as funding becomes available. The programs, which are contingent upon the Department’s receipt of funding and are the subject of this ITN, are as follows:

• Summer Food Service Program (SFSP)

• National School Lunch Program (NSLP), including the Farm to School (F2S) initiative;

• School Breakfast Program (SBP);

• Fresh Fruit and Vegetable Program;

• Healthier US School Challenge Initiative.

Currently, funding is available to market the Summer Food Service Program, branded as the “Summer BreakSpot.” The “Summer BreakSpot” is a program that provides meals throughout the state to children, ages 18 and under, while school is out for the summer. Meals are served at locations like schools, churches, camps, recreational centers and libraries in low-income areas.

While children do not have to qualify to receive meals, more than one million children in Florida are at risk of hunger while school is out and may rely on the services of this program.

2.2 Background

In 2021, the Department planned and placed media for the Summer BreakSpot. The 2021 campaign included:

• total impressions of more than 52 million

• direct mail to more than 700,000 Supplemental Nutrition Assistance Program (SNAP) households statewide;

• statewide digital, social, outdoor, tv and radio ads and

• media relations in (Tampa, Miami, Orlando, Jacksonville, Ft. Myers, Pensacola, Panama

City and Tallahassee).

In addition to the previous media buys for Summer BreakSpot in 2021, the Department also provided outreach materials to school districts and community partners to promote the program on-site and in nearby areas. These materials included posters, banners and yard signs. The Department will continue to provide the outreach materials through the term of the contract.

Current Project Scope

The contractor shall develop a statewide marketing plan and place media for the Summer Food Service Program, branded the Summer BreakSpot. The media plan should reach, in the most efficient and effective manner, the target audience and markets defined and described below.

Marketing strategy should be designed to:

Increase the awareness of the Summer BreakSpot program;

Encourage target audience to text or visit website to find locations/sites.

Primary emphasis shall be placed on advertising to the target audience statewide. For all media, there should be added value included. Preferred added value includes no charge spots, digital media and promotions. For any broadcast buys, there should be a minimum of 1:1 no charge spots.

If TV/cable buys are included in the plan, programming should be appropriate for family viewing (e.g., television programming suitable for both children and adults). If digital media is included in the plan, sites should be appropriate for family viewing. The Department retains the right to approve all media buys prior to placement.

Timing:

January 3, 2022 – April 18, 2022

Target Audiences:

Parents/guardians of children ages 18 and under, low-income;

English, Spanish and Haitian Creole+

Target Markets:

All ten designated market areas (DMAs) in Florida with an emphasis on low-income areas. DMAs include: Tampa/St. Petersburg, Miami/Ft. Lauderdale, Orlando/Daytona Beach/Melbourne, Jacksonville, Tallahassee, West Palm Beach/Ft. Pierce, Ft. Myers, Pensacola, Gainesville and Panama City.

2.3 Scope of Project

The contractor shall provide the following:

• Marketing Plan - Develop a marketing plan to reach the target audience(s) with proposed media mix, estimated impressions, ratings and measurement.

• Media Planning and Buying – Projects may include, but are not limited to, planning and placing all types of media and marketing activities such as digital, social, TV, cable, radio, print, outdoor, direct mail, transit, etc.

• Added Value - Added value should be included in marketing plan at no charge.

The anticipated timeframe for the contract is October 1, 2022, thru September 30, 2025. The Department anticipates funding for subsequent years and reserves the right to negotiate allowable renewals of the contract based on available funding and specified contract deliverables.

Target Audiences: Families and students across the state, with a focus on low-income and underserved populations.

Target Markets: All ten designated market areas (DMAs) in Florida with an emphasis on low-income areas. DMAs include Tampa/St. Petersburg, Miami/Ft. Lauderdale, Orlando/Daytona Beach/Melbourne, Jacksonville, Tallahassee, West Palm Beach/Ft. Pierce, Ft. Myers, Pensacola, Gainesville and Panama City.

2.4 Deliverables

The following items constitute the project deliverables for any child nutrition program marketing campaign, as specified herein:

A. Marketing Plan

1. Marketing Plan - The marketing plan shall include the planned media mix, target markets, flights, point levels and/or impressions. The marketing plan shall be presented at least two (2) months prior to the campaign start date. The Department reserves the right to approve or revise the media schedules as needed.

B. Media Planning and Buying

1. Media Schedules - Provide media schedules at least one (1) month prior to the campaign start date. Schedules to include dates, times, programs/websites/social media outlets, estimated reach and frequency and television stations (if broadcast) and total rating points or estimated impressions.

2. Monthly Reports - Monthly reports that include the status of marketing activities or media buys, summary of media purchased, flight dates, impressions per designated media and added value activities. Monthly reports due by the 15th of the following month.

3. Post-Buy - For any broadcast media buy, a post-buy data report of the relevant Nielsen ratings shall be delivered to the Department within three (3) weeks of Nielsen ratings becoming available.

4. Final Report - Three (3) printed and bound copies of a written final report and an electronic version, delivered to the Department summarizing all activities, identifying impressions, successes, measurements, added value, evaluating campaign effectiveness and making recommendations for possible future marketing strategies and efforts. Report due no later than 30 days after end of campaign.

C. Added Value

1. Pre-Campaign Added Value Report - Summary of negotiated added value planned for campaigns to be provided at least eight (8) business days prior to each campaign launch to include a summary of planned added value, dollar value and estimated percentage of overall buys.

2. Final Added Value Report - This report shall include a recap of all added value received during the campaign. The report shall include elements provided in each market, the media value of each item, impressions and all backup including images, tear sheets, screen shots, affidavits, DVDs/videos. The final added value report shall be due thirty

(30) days after the end of each phase/flight.

Key Performance Indicators - The key performance indicators at a minimum shall include number of website visits to SummerBreakspot.org and meals served at the locations.

The Department will provide the following elements for the campaign:

• Summer Breakspot logo;

• One (1) 30-second TV commercial in English;

• One (1) 30-second TV commercial in Spanish;

• One (1) 30-second TV commercial in Creole;

• One (1) 30-second radio commercial in English;

• One (1) 30-second radio commercial in Spanish;

• One (1) 30-second radio commercial in Creole;

• Artwork for direct mail, digital, print and outdoor.

The current project scope and deliverables shall be completed and invoiced prior to September 15th each calendar year.

SECTION 3.0 INVITATION TO NEGOTIATE PROCESS

3.1 Advertisement

This ITN is hereby advertised on the MyFloridaMarketPlace/ Vendor Information Portal. To find the ITN or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this ITN by reference. There is no need to return this document with the reply.

Any terms and conditions set forth within this FDACS ITN document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITN stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Vendor Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the FDACS Notice of Agency Decision is published on the MyFloridaMarketPlace/ Vendor Information Portal.

Questions related to this ITN, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the MyFloridaMarketPlace/ Vendor Information Portal on or about the date referenced in the Timeline.

The Procurement Officer for this ITN is:

Carmelita Graham, Purchasing Director Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Phone: (850) 617-7181 Email: Bids@fdacs.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intention to award (72-hour period excludes Saturdays, Sundays and state holidays), https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:Bids@fdacs.gov vendors responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), Florida Statutes.

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the advertising period, information will be posted on the MyFloridaMarketPlace/ Vendor Information Portal as a written addenda. Any addenda issued in relation to this solicitation shall thereby become part of the final specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, Florida Statutes, to the State is prequalified to do so and shall register in the State of Florida’s MyFloridaMarketplace system. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at

(866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 80171603- Publicity and marketing advisor service

• 82101602- Television advertising

• 82101601- Radio advertising

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all vendors that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist vendors with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a contract.

This may be completed by the vendor post-award and is not something which FDACS will consider in determining the responsiveness of a reply.

3.7 Cost of Preparation

Neither the Department, nor the state of Florida, is liable for any costs incurred by a vendor in response to this ITN.

3.8 Instructions for Submittal

https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

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

1) Replies may be sent by U.S. mail, courier, overnight or hand delivered to the location indicated in the Timeline. Electronic (email/fax) submission of replies will not be accepted for the ITN.

2) All replies must be submitted in a sealed envelope/package with the relevant ITN number clearly marked on the outside of the envelope/package.

3) It is the vendor’s responsibility to assure its reply submittal is delivered to the proper place and time as stipulated in the Timeline.

4) Late replies will not be accepted.

3.9 Reply Format

The Department is accepting a combination of digital and hardcopies of vendor’s replies to this ITN. Respondents must submit six (6) digital USB flash drives, one (1) hardcopy reply marked “Original” and five (5) duplicate hardcopies of the Written Technical Reply and all attachments when responding to this ITN. Respondents must submit a complete copy of their submission and all forms in a PDF format and hardcopies. Digital is defined as an USB flash drive. Replies shall be delivered to the Department’s purchasing office before the specified deadline date/time in a sealed package(s) labeled with the contractor’s name and address and the ITN number. Sequentially number all pages and organize as indicated below. Emphasis of each Reply must be on completeness and clarity of content. In order to expedite the evaluation process, it is essential that contractors follow the format and instructions contained herein.

The ITN response package must include all requested forms and information. Each section should be segregated by index TAB(s) or folders labeled as such, which will include either mandatory response forms or material for weighted criteria to be scored by the appointed evaluation team. Failure to provide all of the requested information may result in disqualification of the vendor Reply, or a zero-point score for that section. The Respondent’s package should clearly identify each area, as listed below, with an index tab or other type of identification.

TAB A Vendor Acknowledgement (No Points will be awarded for Tab A)

By submission of a signature on the FDACS Acknowledgment Form, the Vendor certifies that they have read and comply with all terms and conditions contained herein. The Reply must contain the original signature of an authorized representative who can legally bind the Vendor.

The product/ services offered by the Vendor will conform to the specifications of this ITN without exception.

Vendors must include Attachment A, FDACS Acknowledgement Form with their response.

TAB B Statement of Qualifications (75 points maximum)

1. Overview - Provide an overview of the company, including years in business, previous/current clients and areas of expertise. (15 points maximum)

2. Marketing Experience - Describe marketing campaign experience. List at least three (3) examples of previous marketing campaigns including a summary of project, name of client, years as agency of record, estimated annual budget, type of marketing activities, markets and campaign results. (20 points maximum)

3. Media Planning and Buying Experience - Describe media planning and media buying experience. List at least three (3) examples of previous media planning and buying projects, include summary of project, name of client, years as media buying agency, estimated annual media budget, type of media, markets and results. Include digital and social media buying experience. If applicable, include experience posting media buys. (30 points maximum)

4. Personnel - Provide a narrative of all personnel assigned to this project, which describes their background/experience and their roles and responsibilities during the contract. Include any subcontractors that will be assigned to this contract. (10 points maximum)

TAB C Past Performance/References (25 points maximum)

The Respondent shall provide a detailed narrative of prior relevant experience conducting similar outreach and creative design projects. This narrative must include at a minimum, three (3) projects performed of a similar size and scope completed within the last five (5) years.

The Respondent shall provide names, addresses, phone numbers and email contacts of the three

(3) customers for whom the Respondent have identified in this narrative on the References/ Past Performance form (Attachment B). The Department reserves the right to contact each customer reference to verify the information provided and validate the performance of the Respondent.

References must be current or former clients of the Respondent. The Department will not accept subcontractor/proposed personnel or personal references of a member of the Respondent as a substitute for customer references. Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the respondent's ability to perform services similar to those described in this ITN in a satisfactory manner. Unsatisfactory past performance with the Department will result in rejection of the ITN.

TAB D Management Plan and Technical Proposal (50 points maximum)

Project Management Plan (10 points maximum)

Provide a comprehensive project management plan that, at a minimum, includes:

1. Project objectives, including quantifiable, measurable goals;

2. Project schedule, including all timelines beginning with the contract start date through estimated completion date;

3. Contractor’s project communication plan;

4. Responsibility task matrix for Contractor and the Department;

5. Payment schedule based upon the deliverables.

Technical Proposal (40 points maximum)

1. Marketing Plan - Provide a proposed marketing plan for the Summer Food Service Program. The plan shall include the recommended media mix, flight weeks, markets, point levels or estimated impressions and budget breakdown by media. Explain the marketing strategy, goals and measurements. (30 points maximum)

2. Added Value - Provide proposed added value for Summer Food Service Program, including estimated percentage of overall media buy and recommended added value activities. (10 points maximum)

TAB E Project Fees (No points will be awarded for Tab E)

Respondents must complete Attachment C, Project Fees in this tab. The budget for the project shall include all project deliverables, travel and any other incidental costs. Failure to provide the required project fees shall result in the rejection of the proposal as non-responsive.

The Department reserves the right to request an itemized/ detailed budget of the project fees during the negotiation period.

TAB F Florida Preference Certifications (No points will be awarded for TAB F)

When evaluating Bidder responses to solicitations where the total awarded points from two or more Bidders is equal, the Department shall determine the order of award in accordance with Sections 287.057 (12), 287.082, 287.087, 287.092 and 295.187(4), Florida Statutes.

1. CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), Florida Statutes, if two equal bids are received and one bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their bid response to receive this preference.

2. COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE

GIVEN PREFERENCE

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

3. CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

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

4. PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to 287.092, Florida Statutes, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Bidders must provide proof in their bid response to receive this preference.

5. FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT

PREFERENCE

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

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

TAB G Mandatory Certifications (No points will be awarded for Tab G)

No Prior Involvement and Conflict of Interest

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

The Department considers participation in a solicitation to be any actions related to the 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 functioning in any other advisory capacity.

The bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the bidder. Officers, agents or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITN.

Any person submitting a Reply in response to this ITN shall be required to complete the Conflict-of-Interest Statement form (Attachment E, Conflict of Interest Statement) with all information and signature of an official of proposing firm who is legally authorized to contract for the firm. The signed original of this form must be attached to the original Reply package.

Scrutinized Companies and Prohibited Business Activities

Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, Florida Statutes, requires the Contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or 3) engaging in business operations in Cuba or Syria.

In order for your Reply to be considered responsive, Attachment F, Certification Regarding Scrutinized Companies Form must be completed and included in your Reply package. The list of Scrutinized Companies may be found at https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.asp x .The Department may immediately terminate any contract, as a result of this Reply, for cause if the contractor is found to have submitted a false certification.

3.10 Reply Evaluation

Each Vendor shall submit a Reply that conforms to all mandatory requirements as outlined in this ITN solicitation. Replies that do not conform to the requirements, or contain material deviations from the specifications, will be rejected as non-responsive and not further reviewed. An appointed evaluation committee will utilize a point system to score each responsive reply submitted. Once the evaluation committee has concluded scoring all responsive replies, a list of responses will be tabulated in ranked order. Available points for each of the evaluation criteria are specified herein.

3.11 Evaluation Considerations

The evaluation committee members shall perform the evaluation in accordance with the evaluation criteria listed in EVALUATION PROCEDURE. The evaluation committee shall recommend a ranked list of Vendor Replies, based on total awarded points per vendor.

3.12 Evaluation Procedure

The evaluation committee shall utilize a point system to rank Replies based on their written technical and price point score. Available points for each of the written technical and price point score evaluation criteria are:

Range of Points Criteria

0-75 (Tab B) Statement of Qualifications

0-25 (Tab C) Past Performance/References https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx

0-50 (Tab D) Management Plan and Technical Proposal

150 Maximum Points

3.13 Presentations

The Department may begin oral presentations with the Vendor or Vendors who have a written technical score within a competitive range or ranked above a natural break.

FDACS shall evaluate and rank the responses to determine which vendor, if any, to invite for presentations/demonstrations. It is the Department’s intent to invite respondents scoring within a competitive range or above the natural break to the oral presentations/demonstrations; however, the FDACS reserves the right to invite additional respondents to oral presentations if determined to be in the best interest of the state. Oral presentations/demonstrations may include a question-and-answer session.

The purpose of this activity is to provide substantiating information and demonstrated performance to support the Vendor’s written Reply content. No part of the oral presentations / demonstrations will serve to relieve the Vendor of any quality or performance as required under the resulting Contract.

Please note that any video conference / webinar event will be hosted by the proposing Vendor.

Vendors will be instructed to provide technical capabilities and/or requirements for the in‐person, conference or webinar presentation(s) upon receipt of an appointment request issued by FDACS.

Pursuant to section 286.0113 (2)(b)(1), oral presentations as part of this competitive solicitation are exempt from public meeting requirements. A complete recording of this presentation will be made available, as well as any materials presented or received, at the completion of the procurement process in accordance with Chapter 119, Florida Statutes.

3.14 Negotiation Process

Negotiation, as described in this Section, is designed to determine which Vendor and Reply will provide the best value to the state. The order in which negotiations with the Vendor(s) commence will be determined according to the best interest of the Department. The Department may select one or more vendors within the competitive range with which to commence negotiations. Should the Department be unable to negotiate a satisfactory contract with any of the Vendors(s) scored within the competitive range, negotiations may continue with any or all other Vendors, if any, submitting responsive Replies. The Department reserves the right to negotiate with one, more, or none of the Vendor(s). Negotiations may continue until an agreement is reached or all Replies are rejected.

3.15 Negotiation Sessions

The Negotiation Committee will consist of at least three (3) persons who collectively have experience and knowledge in negotiating contracts, contract procurement, and the program areas and service requirements, in which the commodities and contractual services are sought, in an effort to obtain the best overall benefit to the State. All Negotiation Sessions resulting from this ITN will be conducted via teleconference or in Tallahassee, Florida. The participating Vendor shall have a representative present during negotiation meetings who is authorized to make binding decisions on behalf of the Vendor. It is the Vendor’s sole responsibility to coordinate all parties to its Reply and to ensure that all are appropriately represented during scheduled Negotiation meetings.

During negotiations, Vendor(s) may propose alternate capabilities or services that reflect the Vendor’s optimal performance methodology while still complying with the other requirements of the ITN. FDACS may request changes to proposed solutions. Additionally, FDACS may consider revised pricing; Optional Technical Specifications offered in Vendors’ Replies; new/additional optional commodities and services; and/or modifications to proposed technical specifications.

Before award, FDACS reserves the right to seek clarifications, request Reply revisions, and request any information deemed necessary for the proper review of Replies. If FDACS is unable to reach an agreement with a Vendor on contractual issues or other issues, FDACS may eliminate the Vendor from further consideration.

3.16 Best and Final Offer (BAFO)

The Negotiation Committee may request a BAFO from one or more Vendor with which negotiations are conducted. Based upon the negotiation process, the BAFO may contain a revised scope, negotiated terms and conditions, price terms, etc.

3.17 Contract Award

The Negotiation Committee will select which Respondent(s) to submit for Contract recommendation. The FDACS will make a final determination as to which Response(s) constitute the best overall value to the State, based upon the requirements set forth in this ITN.

3.18 Public Records

Any and all documents submitted in response to this ITN shall be considered public record pursuant to Chapter 119, Florida Statutes.

Any Reply content submitted to Department which is asserted to be exempted by law from disclosure as a public record shall be clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption specifically identified in writing on each and every such page. Failure to segregate and so clearly identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the Reply or other document in which the content is set forth.

An entire page or paragraph in which such information appears should not be marked “EXEMPT”, “confidential” or “trade secret” unless the entire page or paragraph consists of such confidential information. Only the confidential portions(s) should be identified and marked. Vendors are to indicate where confidential information begins and ends. It will be the responsibility of the Vendor to defend the confidentiality of its trade secrets through the judicial process.

The FDACS takes its public records responsibilities under chapter 119, Florida Statutes, and Article I, Section 24 of the Florida Constitution, very seriously. If a Vendor considers any portion of the documents, data or record submitted in response to this solicitation to be exempted by law from disclosure as a public record, the Vendor must also provide Department with a separate “Redacted Copy” of its Reply on a CD, DVD-ROM or USB flash drive, at the time of Reply submission.

This Redacted Copy should contain solicitation name, number, and the name of the Responding Vendor on the cover and should be clearly titled “Redacted Copy.” The Redacted Copy must be provided to the Department at the same time the Vendor submits its Reply and must only exclude or obliterate those exact portions which are exempted by law from public disclosure.

IF A VENDOR FAILS TO SUBMIT A REDACTED COPY WITH ITS REPLY AS DESCRIBED

HEREIN, THE FDACS IS AUTHORIZED TO PRODUCE THE ENTIRE DOCUMENT(S), DATA

OR RECORDS SUBMITTED BY THE VENDOR IN ANSWER TO A PUBLIC RECORDS

REQUEST. THE STATE OF FLORIDA DOES NOT CONSIDER PRICE TO BE CONFIDENTIAL.

3.19 Reply Opening

Replies are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Vendor responses received late (after the due date and time) will not be accepted, nor considered, and modification by the vendor of submitted replies will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a response if it is not properly sealed, addressed, or identified.

3.20 Less Than Two Responsive Replies

In the event that FDACS receives less than two (2) Responsive Replies, the Department reserves the right to negotiate the best terms and conditions with the single Responsive Vendor pursuant to

287.057 (6) Florida Statutes.

3.21 Reply Rules for Withdrawal

A submitted reply may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the vender and must be received within 72 hours after the submission date indicated in the Timeline.

Any submitted replies shall remain valid for 90 days from the submission date.

3.22 Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility

Matters for Expenditure of Federal Funds Tie Bids

Any person submitting a response to this ITN MUST execute the enclosed form FDACS-01522, Attachment G, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her reply. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.23 Disqualification of Reply

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

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

3.24 Rejection of Replies

The Department reserves the right to reject any and all Replies, when such rejection is in the interest of the state of Florida, and to reject the Reply of a Respondent who the Department determines is not in a position to perform the contract.

3.25 Protest Procedures

Pursuant to Section 120.57(3), Florida Statutes, a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. 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.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Contract Terms and Conditions

A draft Contract is provided as Attachment H, Contractual Services Agreement- Draft. By submission of a response, Vendors agree to the State of Florida contract conditions set forth therein. In the case of conflict between the PUR1000 General Contract Conditions and the Florida Department of Agriculture and Consumer Services Contractual Service Agreement, the Florida Department of Agriculture and Consumer Services Contractual Service Agreement shall prevail.

This document does not need to be returned with your Reply. Respondents must not submit additions, objections, or modifications with their Reply submission. This ITN, the successful Vendor’s Reply and Vendor’s Best and Final Offer received (if applicable) and addendums will be incorporated into the Contract.

4.2 Modification after Contract Execution

During the term of the contract, the Department may unilaterally require changes (altering, adding to or deducting from the Specifications) provided such changes are within the general scope of this solicitation.

The vendor may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department’s contract manager or designee and a written contract amendment.

4.3 Renewal

The contract awarded as a result of this ITN will be eligible for three (3), one year renewals contingent upon satisfactory performance of the Contractor.

4.4 Liquidated Damages

In the event the work is not completed on the completion date which is not related to a force majeure event or at no fault of the Contractor, and inasmuch as failure to complete the project within the time fixed in the contractor will result in substantial injury to the Department, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that, if the project is not completed within the fixed time, the contractor shall pay to the Department, as liquidated damages for such delay and not as a penalty, one hundred dollars ($100) for each calendar day elapsing between the date fixed for completion and the actual date of completion.

4.5 Independent Capacity of Contractor

The contractor, its officers, agents and employees, in performance of this contract, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the state.

ATTACHMENT A

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICUTLUTRE

AND CONSUMER SERVICES

INVITATION TO NEGOTIATE

SUBMIT REPLY TO:

Florida Department of Agriculture and Consume Services Procurement Office Telephone Number: (850) 617-7181 Agency Release Date:

March 18, 2022

Solicitation Number:

ITN FNW 21 22 59 Solicitation Title: MARKETING, MEDIA PLANNING AND BUYING

Reply Due:

May 24, 2022 @ 5:00 P.M. ET **Bidder Name:

**If a fictitious name is used, include registered name (i.e. XYZ, Inc.

DBA ABC)

Bidder Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Authorized Signature (Type), Title

Toll Free Number: *This individual must have the authority to legally bind the Bidder to a contractual obligation. By submission of a signature on the response, the Bidder certifies that they comply with all terms and conditions contained herein.

Fax Number:

Email Address:

FEID Number:

Type of Business Entity (Corporation, LLC, partnership, etc.):

BIDDER CONTACTS: Provide the name, title, address, telephone number, and email address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

NICOLE “NIKKI” FRIED

COMMISSIONER

ATTACHMENT B

Florida Department of Agriculture and Consumer Services Bureau of General Services

REFERENCES

As per the requirements of ITN special condition References, each bidder is required to submit the names, addresses, and telephone numbers for a minimum of three (3). References shall be listed below. In order for your Reply to be considered responsive this form must be completed and included in your response package.

1. CLIENT COMPANY NAME:

CLIENT PROJECT TITLE:

POINT OF CONTACT:

TELEPHONE NUMBER: ( _ ) _______ EMAIL:

2. CLIENT COMPANY NAME:

TELEPHONE NUMBER: ( ) ________ EMAIL:

3. CLIENT COMPANY NAME:

TELEPHONE NUMBER: ( ) ________ EMAIL:

ATTACHMENT C

PROJECT FEES

Media Commission - The maximum commission percentage rate that will be charged for media

Added Value - The minimum percentage rate of added value that will be secured at no cost for media buys

By affixing signature to Attachment C- Project Fees, bidder agrees to honor the pricing listed above and acknowledges any addenda (if applicable) contained in this Invitation to Negotiate.

VENDOR/ CONTRACTOR NAME:

SIGNATURE (MANUAL):

SIGNATURE (PRINTED):

ATTACHMENT D

DRUG-FREE WORKPLACE PROGRAM - BIDDER CERTIFICATION

IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs.

Whenever two or more bids, which are equal with respect to price, quality and service, are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations.

3) Give…