F895607394_1ITNshell.pdf

DOT-ITN-22-4009-CF

ITNSHELL. Revised 2/1/2021

State of Florida Department of Transportation

INVITATION TO NEGOTIATE

Alligator Alley Environmental Education Project

CONTACT FOR QUESTIONS:

Cathiana Fabien, Procurement Agent

D4.Purch@dot.state.fl.us 3400 West Commercial Boulevard, Fort Lauderdale, FL 33309 mailto:D4.Purch@dot.state.fl.us

State of Florida Department of Transportation

Cathiana Fabien 3400 West Commercial Boulevard, INVITATION TO NEGOTIATE REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO Cathiana Fabien at D4.purch@dot.state.fl.us

ITN Number: DOT-ITN-22-4009-CF

Title: Alligator Alley Environmental Education Project

Sealed Reply Due Date & Time:

Vendors should notify our office by returning this Registration Form as soon as possible after downloading. Complete the information below and to Cathiana Fabien at D4.purch@dot.state.fl.us

THE INVITATION TO NEGOTIATE DOCUMENT YOU RECEIVED IS SUBJECT TO CHANGE.

Notice of changes (Addenda), will be posted on the Florida Vendor Bid System at http://myflorida.com/apps/vbs/vbs_www.main_menu, under this ITN number click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Competitive Solicitation, click on the drop-down arrow beside the box under Agency, select DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Advertisement Search. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply.

Company Name:

Address:

City, State, Zip:

Telephone:( )

Contact Person:

Internet E-Mail Address: _________________________________________________________

For further information on this process, e-mail, or telephone: Cathiana Fabien at D4.purch@dot.state.fl.us mailto:D4.purch@dot.state.fl.us mailto:D4.purch@dot.state.fl.us http://myflorida.com/apps/vbs/vbs_www.main_menu mailto:D4.purch@dot.state.fl.us

INFORMAL LETTERS OF INTEREST

INVITATION TO NEGOTIATE #: DOT-ITN-22-4009-CF

TITLE: Alligator Alley Environmental Education Project

VENDOR: .

SUBMITTED BY: SIGNED: Date: .

(Name Printed) (Signature)

The results from the review/evaluation of the responses to this questionnaire will not be included in decisions beyond determining the initial short-list of vendors to proceed in the ITN process.

Letter of Interest – The one-page maximum letter should indicate interest in creating and installing an original true-life statue of the American alligator at mile marker 35 rest area on I-75 and include a brief artist statement outlining current focus of artwork.

Professional Résumé – Include history of creating and installing artwork statue, education, and awards.

Digital Images – Artist must submit no more than 10 digital images in JPEG format of most recent work. All images must be labeled using a file name and number that corresponds to the Annotated Image List (see below). Each artwork image must feature a single work. Composites of various artworks in a single image will be discarded. Do not submit images in TIFF, BMP, GIF, or video format.

Annotated Image List – Include name of artist, title of work, year, medium and dimensions.

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I N T R O D U C T I O N S E C T I O N

1) INVITATION

The State of Florida Department of Transportation (hereinafter referred to as the "Department") is soliciting written replies from vendors interested in participating in competitive negotiations to establish a term contract to provide Alligator Alley Environmental Education Project. It is anticipated that the term of the agreement will be from the date of contract execution through October 2022.

2) TIMELINE

Provided below is a list of critical dates and actions. These dates are subject to change. Notices of changes (Addenda) will be posted on the Florida Vendor Bid System at http://myflorida.com/apps/vbs/vbs_www.main_menu (click on “Search Advertisements”) under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply.

ACTION / LOCATION DATE LOCAL TIME

DEADLINE FOR TECHNICAL QUESTIONS - 02-08-2022 4:00 PM

(There is no deadline for administrative questions)

LETTERS OF INTEREST DUE - 02-18-2022 10:30 AM

PUBLIC OPENING (Initial Replies) - 02-18-2022 11:00 AM

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+1 850-739-5589,,488038966# United States, Tallahassee

Phone Conference ID: 488 038 966#

PUBLIC MEETING TO SHORTLIST/RANK- 03-07-2022 11:00 AM

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Video Conference ID: 111 862 427 6 Alternate VTC instructions https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmyflorida.com%2Fapps%2Fvbs%2Fvbs_www.main_menu&data=04%7C01%7CVincent.Moore%40dot.state.fl.us%7C7072717634b7494053f908d8802c315b%7Cdb21de5dbc9c420c8f3f8f08f85b5ada%7C0%7C0%7C637400274582251936%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=5Ncn8%2FaNaREv4Iu0f%2FC1ILrRMCd4W%2B68HuHrwaYFOcE%3D&reserved=0 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzA5YzNhMDgtN2Y2MS00NTlmLTk4MjAtMjM5OTFlNzI4NGJl%40thread.v2/0?context=%7b%22Tid%22%3a%22db21de5d-bc9c-420c-8f3f-8f08f85b5ada%22%2c%22Oid%22%3a%225652548e-0ccb-462c-b907-d6692ca538c5%22%7d mailto:11384774@t.plcm.vc https://dialin.plcm.vc/teams/?key=11384774&conf=1130921348 tel:+18507395589,,488038966#%20 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzU4YzNiYWItNDQxNS00Yjk0LTk5MGQtNTAwYmEzZThmZWE5%40thread.v2/0?context=%7b%22Tid%22%3a%22db21de5d-bc9c-420c-8f3f-8f08f85b5ada%22%2c%22Oid%22%3a%225652548e-0ccb-462c-b907-d6692ca538c5%22%7d mailto:11384774@t.plcm.vc https://dialin.plcm.vc/teams/?key=11384774&conf=1118624276

Or call in (audio only)

+1 850-739-5589,,814394016# United States, Tallahassee

Phone Conference ID: 814 394 016#

PUBLIC SELECTION MEETING 03-14-2022 9:15 AM

(Reading of Shortlist) 3400 West Commercial Boulevard Fort Lauderdale, FL 33309

POSTING OF SHORTLIST/RANKING ON VBS- 03-14-2022 4:00 PM

PRELIMINARY PRICE PROPOSALS DUE 03-21-2022 11:00 AM

(not open to the public) 3400 West Commercial Boulevard Fort Lauderdale, FL 33309

NEGOTIATION MEETING 03-28-2022 11:00 AM

PUBLIC SELECTION MEETING 04-04-2022 9:15 AM

(Intent to Award) 3400 West Commercial Boulevard

POSTING OF INTENDED AWARD ON VBS- 04-04-2022 4:00 PM

tel:+18507395589,,814394016#%20

3) PUBLIC MEETING AGENDA

Agenda – Public Opening (Initial Replies) Agenda for Public Opening of initial replies to ITN-DOT-22-4009-CF:

Starting Time: see “Timeline” in ITN solicitation

- Opening remarks of approx. 2 minutes by Department Procurement Office personnel.

- Public input period – To allow a maximum of 15 minutes total for public input related to the

ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, the initial replies received timely will be opened, with respondent’s name read aloud and tabulated.

- Adjourn meeting.

Agenda – Meeting to Short List Agenda for Meeting to Short List on ITN-DOT-22-4009-CF:

Starting Time: see Timeline in ITN solicitation

- Opening remarks of approx. 2 minutes by Department Procurement Office personnel.

- Public input period – To allow a maximum of 15 minutes total for public input related to the

ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, the evaluations of Initial

Replies received will be summarized.

- Determine the number of highest ranked firms to include on Short List.

- Announce the names of the Short Listed firms and when the decision will be posted on the

Vendor Bid System (VBS).

- Adjourn meeting.

Agenda – Meeting to Determine Intended Award Agenda for Meeting to Summarize and Determine Intended Award for ITN-DOT-22-4009-CF:

Starting Time: see Timeline in ITN solicitation

- Opening remarks of approx. 2 minutes by Department Procurement Office personnel.

- Public input period – To allow a maximum of 15 minutes total for public input related to the

ITN solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, recap and discussion among evaluation team(s) to determine “best value”.

- Announce Proposer determined to be “best value” as the Intended Award.

- Announce time and date the decision will be posted on the Vendor Bid System (VBS).

- Adjourn meeting.

4) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-reply conference, public meeting, oral presentation and/or opening shall contact the contact person at the phone number or e-mail address provided on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

S P E C I A L C O N D I T I O N S

1) MyFloridaMarketPlace

VENDORS MUST BE ACTIVELY REGISTERED IN THE STATE OF FLORIDA’S

MYFLORIDAMARKETPLACE SYSTEM BY THE TIME AND DATE THE SEALED REPLIES ARE DUE OR

THEY MAY BE CONSIDERED NON-RESPONSIVE (see Special Condition 16). All prospective vendors 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.

https://vendor.myfloridamarketplace.com/

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the attached Form PUR 1000 General Contract Condition #14.

However, all vendors should be aware, that effective July 1, 2016, through June 30, 2017, in accordance with House Bill 5003 Sec.73, the Transaction Fee will be seven-tenths of one percent (.70%) of the payment issued. The Transaction Fees imposed shall be based upon the date of issuance of the payment.

2) Florida Department of Financial Services (DFS) W-9 INITIATIVE

The Florida Department of Financial Services (DFS) requires all vendors that do business with the state to submit an electronic Substitute Form W-9. Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com to receive payments from the state. Contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions.

3) QUESTIONS & ANSWERS

In accordance with section 287.057(23), Florida Statutes, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

Any technical questions arising from this Invitation to Negotiate must be forwarded, in writing, to the procurement agent 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 by vendors will be posted on the Florida Vendor Bid System at http://myflorida.com/apps/vbs/vbs_www.main_menu (click on “Search Advertisements”), under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting their reply.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Cathiana Fabien at D4.purch@dot.state.fl.us

Questions regarding administrative aspects of the procurement process should be directed to the Procurement Agent in writing at the address above.

4) CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA)

Notices of changes (Addenda) will be posted on the Florida Vendor Bid System at http://myflorida.com/apps/vbs/vbs_www.main_menu (click on “Search Advertisements”) under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply. All Addenda will be acknowledged by signature and subsequent submission of Addenda with reply when so stated in the Addenda.

5) PUBLIC MEETINGS

Specific events in the negotiation process will be conducted at a public meeting of the Technical Review Committee. The specific events are noted in the Timeline (see Section 2 of Introduction Section). Minutes will be taken at all Public Meetings and will be retained in the procurement file.

6) TECHNICAL REVIEW COMMITTEE (TRC)

The Technical Review Committee (TRC) will be composed of at least three (3) persons who collectively have https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmyflorida.com%2Fapps%2Fvbs%2Fvbs_www.main_menu&data=04%7C01%7CVincent.Moore%40dot.state.fl.us%7C7072717634b7494053f908d8802c315b%7Cdb21de5dbc9c420c8f3f8f08f85b5ada%7C0%7C0%7C637400274582251936%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=5Ncn8%2FaNaREv4Iu0f%2FC1ILrRMCd4W%2B68HuHrwaYFOcE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmyflorida.com%2Fapps%2Fvbs%2Fvbs_www.main_menu&data=04%7C01%7CVincent.Moore%40dot.state.fl.us%7C7072717634b7494053f908d8802c315b%7Cdb21de5dbc9c420c8f3f8f08f85b5ada%7C0%7C0%7C637400274582251936%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=5Ncn8%2FaNaREv4Iu0f%2FC1ILrRMCd4W%2B68HuHrwaYFOcE%3D&reserved=0 experience and knowledge in contract procurement and the program area for which the commodities and/or contractual services are sought. Due to the complexity of certain procurements, the TRC is authorized to consult with subject matter experts during the course of the procurement process for the purpose of gathering information. The team leader, usually the project manager, will ensure consistent scoring and documentation to facilitate and support a consensus decision for the intended award. A consensus decision is a collaborative general agreement among the members of the group that does not have to be unanimous but meets the concerns of all members as much as possible. The team leader will provide a short plain statement for the procurement file that explains the basis of vendor selection for the intended award and how the vendor's deliverables and price will provide the best value to the state.

7) SCOPE OF SERVICES

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

Documentation of any revisions that may occur during the negotiation process will be retained in the procurement file.

8) PRE-REPLY CONFERENCE: A PRE-REPLY CONFERENCE WILL NOT BE HELD.

9) QUALIFICATIONS

9.1 Letter of Interest

Interested vendors must complete and submit the "Letter of Interest" to show that they have the necessary qualifications, prior relevant experience, and capabilities to meet the requirements of the Department in providing Alligator Alley Environmental Education Project as specified in the Scope of Services/Specifications. The replies to the "Letter of Interest" and the information provided by the vendors in their submittals will be reviewed and evaluated to determine the short-list of vendors that are best able to meet the requirements of the Department and proceed to the competitive negotiation process.

9.2 Authorized To Do Business in the State of Florida

In accordance with sections 607.1501, 608.501, and 620.9102, Florida Statutes, out-of-state corporations, out-of-state limited liability companies, and out-of-state limited partnerships must be authorized to do 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 posting of the intended award of the contract. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6051

9.3 Licensed to Conduct Business in the State of Florida

If the business being provided requires that individuals 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

9.4 E-VERIFY

Vendors/Contractors:

1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and

2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

10) DIVERSITY ACHIEVEMENT

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 bidders that the Department will affirmatively ensure that in any contract/agreement entered into pursuant to this advertisement, minority and disadvantaged business enterprises will be afforded the full opportunity to submit bids in response to this invitation and will not be discriminated 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 “Vendor” 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. Vendors are requested to indicate their intention regarding MBE participation on the MBE Planned Utilization form and to submit the completed form with their Reply.

The contract vendor will be asked to submit payment certification for MBE subcontractors used.

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the Internet at www.osd.dms.state.fl.us/.

11) CONTRACT DOCUMENT

STANDARD WRITTEN AGREEMENT

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 solicitation. In submitting a reply, the vendor agrees to be legally bound by these terms and conditions.

12) REVIEW OF VENDOR'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 Vendor's facilities and qualifications. This review will serve to verify data and representations submitted by the Vendor and may be used to determine whether the Vendor has an adequate, qualified, and experienced staff, and can provide overall management facilities. The review may also serve to verify whether the Vendor has financial capability adequate to meet the contract requirements.

Should the Department determine that the reply / proposed negotiations have material misrepresentations or that the size or nature of the Vendor's facilities or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory contract performance, the Department has the right to reject http://www.osd.dms.state.fl.us/ the reply / proposal.

13) PROTEST OF INVITATION TO NEGOTIATE SPECIFICATIONS

Any person who is adversely affected by the contents of this Invitation to negotiate 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 solicitation, (the notice of protest may be Faxed to 850-414-5264), 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.

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.

14) UNAUTHORIZED ALIENS

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

15) SCRUTINIZED COMPANIES LISTS

Responses of $1 million or more must include a completed Vendor Certification Regarding Scrutinized Companies Lists to certify the respondent is not on either of those lists. The Form should be submitted with the Price Proposal.

Section 287.135, Florida Statutes, requires that at the time a vendor submits a bid or proposal for a contract for goods or services of $1,000,000 or greater, the vendor must certify that the company is not on Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List.

For Contracts $1,000,000 and greater, if the Department determines the Vendor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Vendor has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, the Department shall either terminate the Contract after it has given the Vendor notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met.

16) RESPONSIVENESS OF REPLIES

16.1 Responsiveness of Replies

Replies will not be considered if not received by the Department on or before the date and time specified as the due date for submission.

16.2 Other Conditions

Other conditions which may cause rejection of replies include, but are not limited to, evidence of collusion among Vendors, 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 http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60 http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60 is on the General Services Administration Excluded Parties List.

17) COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of the reply or a negotiation session only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.

18) ATTACHMENT TO ITN SUBMITTALS - CONFIDENTIAL MATERIAL

The Vendor must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Invitation to Negotiate, Number DOT- ITN-22-4009-CF - Confidential Material". The Vendor must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Vendor asserts to be exempt from public disclosure and placed elsewhere in the reply will be considered waived by the Vendor upon submission, effective after opening.

19) COSTS INCURRED IN RESPONDING

This Invitation to Negotiate does not commit the Department or any other public agency to pay any costs incurred by an individual firm, partnership, or corporation in the submission of a reply or subsequent negotiations or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

20) ELECTRONIC SUBMISSION OF PROPOSALS:

Electronic Bid Submittals

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

a) Subject line must show: DOT-ITN-22-4009-CF

b) Email shall contain one file attachment marked as the following: DOT-ITN-22-4009-CF Bid

Submittal

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

d) The body of the email shall not contain any information

e) Bids shall be submitted to: D4.purch@dot.state.fl.us

It is the bidder’s responsibility to assure that the bid is delivered to the proper place on or before the Bid Due date and time (See Introduction Section 2 Timeline). Bids which for any reason are not so delivered, will not be considered.

21) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Vendors may modify submitted replies at any time prior to the reply due date. Requests for modification of a submitted reply shall be in writing and must be signed by an authorized signatory of the vendor. Upon receipt and acceptance of such a request, the entire reply will be returned to the vendor and not considered unless resubmitted by the due date and time. Vendors may also send a change in a sealed envelope to be opened at the same time as the reply. The ITN number, due date and time should appear on the envelope of the modified reply.

22) OPENING OF SEALED REPLIES

All reply openings are open to the public. Replies will be opened by the Department at the date, time, and location in the Timeline (See Introduction Section 2 Timeline). The public may attend the opening but may not review any replies submitted until they become public records in accordance with Section 119.07, Florida Statutes.

23) LETTER OF INTEREST/SHORT-LIST EVALUATION CRITERIA

The initial replies received timely will be evaluated qualitatively for each of the criteria addressed in the “Letter of Interest” for the purpose of determining the short-list of vendors that best meet the requirements of the Department and are reasonably susceptible of award. The result from the review/evaluation of the responses to this questionnaire will not be included in decisions beyond determining the initial short-list of vendors to proceed in the ITN process.

24) PROPOSED NEGOTIATION PROCESS

The Department reserves the right to negotiate separately with vendors, as set out below. The participating vendors should be cognizant of the fact that the Department, upon completion of each step, reserves the right to finalize the negotiation process at any time in the proposed process that the Department determines such selection would be in the best interest of the state. Replies should be prepared to provide a straightforward, concise description of the vendor’s ability to meet the requirements and to allow the Department to properly evaluate the vendor’s reply.

Step 1) Interested vendors must submit the following to the "Procurement Agent" identified on the cover page by date, time, and location in the Timeline (See Introduction Section 2 Timeline).

- Letter of Interest - (see Special Condition 9)

- Preliminary Price Proposal or Pricing Scheme

Step 2) There will be a public meeting of the Technical Review Committee, composed of at least three members, for the purpose of evaluating the initial replies received timely and selecting the short-list of vendors that best meet the requirements of the Department and are reasonably susceptible of award. The Technical Review Committee will complete a written summary evaluation of each vendor's response to the criteria addressed in the Qualifications Questionnaire (see Special Condition 9) and the Dun & Bradstreet report submitted (if applicable) to determine the short-list of vendors to proceed to Step 2 in the competitive negotiation process. The public meeting will be held at the date, time, and location in the Timeline. The short-list selection of vendors that best meet the requirements of the Department will be posted in accordance with law and rule (see Special Condition 25).

Step A1 – Once the posting period has ended, the Technical Review Committee will undertake negotiations with the first-ranked vendor until an acceptable contract is agreed upon, or it is determined that an acceptable agreement cannot be reached with such vendor. If negotiations fail with the first-ranked vendor, negotiations may begin with the second-ranked vendor, and so on until there is an agreement on an acceptable contract. The Department reserves the option to resume negotiations that were previously suspended. Negotiation sessions are not open to the public and all negotiation sessions will be recorded by the Department.

Step A2 - The Technical Review Committee will provide a short plain statement for the procurement file that explains the basis for vendor selection and how the vendor's deliverables and price will provide the best value to the state.

Step A3 - The Department will contract with the successful vendor.

25) POSTING OF SHORTLIST, RANKING AND / OR INTENDED AWARD

25.1 The Shortlist, Ranking and / or Intended Award, as applicable, will be made to the responsive and responsible vendor(s) which are determined to be capable of providing the best value and best meet the needs of the Department. The Shortlist, Ranking, or Intended Award decision will be announced at the date, time, and location in the Timeline.

25.2 The Department’s decision will be posted on the Florida Vendor Bid System, at http://myflorida.com/apps/vbs/vbs_www.main_menu, on the date and time in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any vendor who is adversely affected by the Department's recommended award or intended decision 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 posting of the Intended Award, (the notice of protest may be Faxed to 850-414-5264), and

2. A formal written protest and protest bond 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. At the time of filing the formal written protest, a bond (a cashier’s check or money order may be accepted) payable to the Department must also be submitted in an amount equal to one percent (1%) of the estimated contract amount based on the contract price submitted by the protestor.

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. If the Department is unable to post as defined above, the Department will notify all vendors by electronic notification on the Florida Vendor Bid System (see special condition 26.2, above) or by mail and/or telephone. The Department will provide notification of any future posting in a timely manner.

26) AWARD OF THE CONTRACT

Services will be authorized to begin when the Vendor receives the following document(s), as appropriate, indicating the encumbrance of funds and award of the contract:

A Standard Written Agreement executed by both parties, and a written Notice to Proceed, issued by the Project Manager.

27) RENEWAL

This Agreement may not be renewed.

28) ATTACHED FORMS

MBE Planned Utilization (Form 375-040-24) DBE Participation Statement Bid Opportunity List Vendor Certification Regarding Scrutinized Companies Lists (Form 375-030-60) (proposals of $1 million or more E-Verification Form (Form 375-031-06)

29) ATTACHED TERMS AND CONDITIONS

Exhibit "A" Scope of Services / Specification https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmyflorida.com%2Fapps%2Fvbs%2Fvbs_www.main_menu&data=04%7C01%7CVincent.Moore%40dot.state.fl.us%7C7072717634b7494053f908d8802c315b%7Cdb21de5dbc9c420c8f3f8f08f85b5ada%7C0%7C0%7C637400274582251936%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=5Ncn8%2FaNaREv4Iu0f%2FC1ILrRMCd4W%2B68HuHrwaYFOcE%3D&reserved=0

Standard Written Agreement General Conditions (PUR 1000) Instructions to Respondents (PUR 1001)

30) TERMS AND CONDITIONS

All responses are subject to the terms and conditions of this solicitation, which, in case of conflict, shall have the following order of precedence listed:

Special Conditions Scope of Services / Specification

Price Proposal Form Standard Written Agreement Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section

31) TERMS AND CONDITIONS

31.1 General Contract Conditions (PUR 1000)

The State of Florida’s General Contract Conditions are outlined in form PUR 1000, which is a downloadable document incorporated into this ITN by reference. Any terms and conditions set forth in this ITN document take precedence over the PUR 1000 form where applicable.

http://www.dms.myflorida.com/content/download/2933/11777/1000.pdf

The following paragraphs do not apply to this ITN:

Paragraph 31, Dispute Resolution - PUR 1000 Paragraph 40, PRIDE – PUR 1000, when federal funds are utilized.

31.2 General Instructions to Respondents (PUR 1001)

The State of Florida’s General Instructions to Respondents are outlined in form PUR 1001, which is a downloadable document incorporated into this ITN by reference. Any terms and conditions set forth in this ITN document take precedence over the PUR 1001 form where applicable.

http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf

The following paragraphs do not apply to this ITN:

Paragraph 3, Electronic Submission – PUR 1001 Paragraph 4, Terms and Conditions – PUR 1001 Paragraph 5, Questions – PUR 1001

31.3 MFMP Purchase Order Terms and Conditions

All MFMP Purchase Order contracts resulting from this solicitation will include the terms and conditions of this solicitation and the State of Florida’s standardized Purchase Order Terms and Conditions, which can be found at the Department of Management Services website at the following link:

http://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf Section 8(B), PRIDE, is not applicable when using federal funds.

32) WARRANTY

When performance of the services requires the supply of commodities, a warranty is required on all items provided against defective materials, workmanship, and failure to perform in accordance with required http://www.dms.myflorida.com/content/download/2933/11777/1000.pdf http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf http://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf industry performance criteria, for a period of not less than ninety (90) days from the date of acceptance by the purchaser. Any deviation from this criteria must be documented in the proposal response or the above statement shall prevail.

Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor.

All items provided during the performance of the contract found to be poorly manufactured will not be accepted, but returned to the vendor, at their expense, for replacement. Replacement of all items found defective shall be made without cost to the Department, including transportation, if applicable. As it may be impossible for each facility to inspect all items upon arrival, a reasonable opportunity must be given to these facilities for inspection of the items and returning those that are defective.

33) LIABILITY INSURANCE

The Vendor shall not commence any work until they have obtained the following types of insurance, and a certificate of such insurance has been received by the Department. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been so obtained. The Vendor shall submit the required Certificates of Insurance to the Florida Department of Transportation, Procurement Office, (Cathiana Fabien at d4.purch@dot.state.fl.us) within ten (10) days after the ending date of the period for posting the intended award decision.

The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $ (200,000 minimum) per person and $ (300,000 minimum) each occurrence, and property damage insurance of at least $ (200,000 minimum) each occurrence, for the services to be rendered in accordance with this contract.

With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Vendor shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Contract.

The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law.

The Department shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Vendor or subcontractor providing such insurance. Policies that include Self Insured Retention (SIR) will not be accepted.

34) ALTERNATES

ALTERNATE BRANDS WILL NOT BE CONSIDERED FOR THIS ITN. PROPOSE AS SPECIFIED.

35) REPLACEMENT/RESTOCKING

Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor.

36) PRODUCT REQUIREMENTS/SPECIFICATIONS

Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful vendor will be held responsible, therefore. Deviations must be explained in detail on separate attached sheet(s).

ITN CHECKLIST

(DOES NOT NEED TO BE RETURNED WITH YOUR PROPOSAL)

This Checklist is provided as a guideline, only, to assist Vendors in the preparation of their ITN response.

Included are some important matters that the vendor should check. This checklist is just a guideline, and is not intended to include all matters required by the ITN. Vendors are responsible to read and comply with the ITN in its entirety.

Check off each the following:

____ 1. The Letter has been completed, as specified, and enclosed in the ITN response.

____ 2. The “Drug-Free Workplace Program Certification” form has been read, signed, and enclosed in the ITN response, if applicable.

____ 3. “Scrutinized Companies Lists” certification form has been read, signed, and enclosed in the bid response, if applicable (contracts of $1 million or more).

____ 4. The “Bid Opportunity List” and the “DBE Participation Statement” forms have been read, completed, and enclosed in the ITN response, if applicable.

____ 5. The Scope of Services, Exhibit “A”, has been thoroughly reviewed for compliance to the ITN requirements.

____ 6. The Technical Proposal (one (1) original and the specified number of copies) has been completed, as specified, and enclosed in the ITN response.

____ 7. The http://myflorida.com/apps/vbs/vbs_www.main_menu website has been checked and any Addendums posted have been completed, signed, and included in the ITN response.

____ 8. The ITN response must be received, at the location specified, prior to the Opening Date and Time designated in the ITN.

____ 9. Electronic Submission of Proposal guidelines laid out in Special Condition 20 are strictly followed.

https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmyflorida.com%2Fapps%2Fvbs%2Fvbs_www.main_menu&data=04%7C01%7CVincent.Moore%40dot.state.fl.us%7C7072717634b7494053f908d8802c315b%7Cdb21de5dbc9c420c8f3f8f08f85b5ada%7C0%7C0%7C637400274582251936%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=5Ncn8%2FaNaREv4Iu0f%2FC1ILrRMCd4W%2B68HuHrwaYFOcE%3D&reserved=0