Final - RFP FGCC 23-24-01.pdf

RFP No. FGCC-23/24-01 Independent Testing Lab Services Page 1 of 20

4070 Esplanade Way Suite 250

Tallahassee, FL 32399-7033

REQUEST FOR PROPOSALS

FOR

INDEPENDENT TESTING LAB SERVICES

RFP NO. FGCC-23/24-01

THE STATE OF FLORIDA

FLORIDA GAMING CONTROL COMMISSION

Refer ALL inquiries to:

Procurement Officer: Shane Phillips, FCCN, FCCM

Purchasing and Contracts State of Florida, Florida Gaming Control Commission

4070 Esplanade Way, Suite 250 Tallahassee, FL 32399-7033

Email: Shane.Phillips@flgaming.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes (F.S.), 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, F.S.

Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Florida Gaming Control Commission, Office of the General Counsel, Attention: Agency Clerk, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399. Protests may also be filed by email to Clerk@flgaming.gov. It is the filing party's responsibility to meet all filing deadlines.

NOTICE PURSUANT TO SECTION 287.057(25), F.S.

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.

mailto:Shane.Phillips@flgaming.gov mailto:Clerk@flgaming.gov

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 Solicitation Overview

1.2 Term

1.3 Definitions

1.4 Special Accommodations

1.5 Procurement Officer

1.6 Timeline of Events

1.7 Order of Precedence for Solicitation

SECTION 2. SOLICITATION PROCESS

2.1 General Description of RFP Procedure

2.2 Questions and Answers

2.3 Addenda to the Solicitation

2.4 Receipt of Proposals

2.5 Minority Business Enterprise (MBE) Utilization

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

3.2 Special Instructions

3.3 MFMP Registration and Florida Substitute Form W-9 Process

3.4 How to Submit a Proposal

3.5 Contents of Proposal

3.6 Mandatory Responsiveness Requirements

3.7 Redacted Submissions

3.8 Rejection of Proposals

3.9 Subcontracting

SECTION 4. SELECTION METHODOLOGY

4.1 Determination of Proposals’ Responsiveness for Evaluation

4.2 Evaluations

4.3 Final Selection and Notice of Intent to Award Contract

SECTION 5. AWARD

5.1 Rights for Award

5.2 Agency Decision

5.3 Other Reserved Rights

5.4 No Contract until Execution

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Attachments:

Attachment A – Draft Contract Attachment B – Scope of Work Attachment C – Price Sheet Attachment D – Evaluation Criteria and Scoring of Proposals Attachment E – Special Contract Conditions Attachment F – Additional Special Contract Conditions Attachment G – Affidavit – Notice of Trade Secret

Forms:

Contact Information Form Notice of No Conflict of Interest Mandatory Responsiveness Requirements Form

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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SECTION 1. INTRODUCTION

1.1 Solicitation Overview

The State of Florida, Florida Gaming Control Commission (FGCC), is responsible for overseeing gambling-related activities within the State of Florida. As part of its regulatory and investigative functions, the agency frequently conducts investigations on legal and illegal gambling devices that are found in the normal course of business. The FGCC is seeking the services of a Contractor to aid the FGCC in (a) conducting comprehensive forensic reviews of gambling devices, (b) consult on the drafting of administrative rules, and (c) provide expert services as part of investigations at court or legal trials or proceedings. As such, FGCC is issuing this solicitation to establish a Contract.

This solicitation will be administered the MFMP Vendor Information Portal (VIP). Vendors interested in submitting a Proposal must comply with all solicitation terms and conditions.

FGCC intends to award one Contract. The Contract will have an anticipated annual spend of $150,000 per year, though, there is no minimum guaranteed spend. The FGCC will issue a subsequent Contract/Purchase Order (“PO”) with a specific Scope of Work to one Contractor who will be selected to perform services.

1.2 Term

The term of the Contract is upon PO issuance through November 30, 2025. In accordance with section 287.058 (1) (g), this PO may be renewed for a period that may not exceed 3 years or the term of the original PO, whichever is longer. Renewals must be in writing and is subject to the same terms and conditions set forth in the initial PO and any written modifications signed by the parties.

Renewals are contingent upon satisfactory performance evaluations by the FGCC and subject to the availability of appropriated funds.

1.3 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); PUR 1000, General Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06) are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this RFP document. All definitions apply in both their singular and plural sense.

1.3.1 Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 4:30 p.m., local time.

1.3.2 Confidential Information – Information in the possession or under control of the State or Vendor that is exempt from public disclosure pursuant to section 24, Article I of the Constitution of the State; the Public Records Law, Chapter 119, Florida Statutes; or to any other Florida law, federal law or regulation that serves to exempt information from public disclosure.

1.3.3 Contract – A binding agreement that results from this competitive procurement, if any, between the Department (FGCC) and the Vendor. (This definition replaces the definition in the PUR 1000).

1.3.4 Contractor – The Vendor that enters into a Contract as a result of this solicitation.

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1.3.5 Price Sheet – A Respondent’s completed Attachment C – Price Sheet, which the Procurement Officer will score.

1.3.6 MyFloridaMarketPlace (MFMP) – The State’s eProcurement system.

MyFloridaMarketPlace is accessible at:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketpla ce.

1.3.7 Proposal – A Respondent’s formal response to an RFP including the Technical Proposal, Price Sheet, and all mandatory responsiveness requirements detailed in Section 3.6 of this solicitation. Response and Proposal are used interchangeably herein.

1.3.8 Respondent – A Vendor who submits a Proposal to this RFP.

1.3.9 State – The State of Florida.

1.3.10 Technical Proposal – A written narrative and other documentation as requested in

Attachment D – Evaluation Criteria and Scoring of Proposals, which is evaluated based on the criteria in Attachment D – Evaluation Criteria and Scoring of Proposals, which the evaluators will independently review, evaluate, and score.

1.3.11 Vendor(s) – An entity that is capable and in the business of providing a commodity or service similar to those within this solicitation.

1.3.12 Vendor Information Portal (VIP) – The State’s bidding system developed in accordance with section 287.042(3)(b)2, F.S. The Vendor Information Portal is accessible at:

https://vendor.myfloridamarketplace.com/.

1.4 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the FGCC’s Americans with Disabilities Act (ADA) Coordinator at (850) 794-8028 or ADA.Coordinator@flgaming.gov at least five (5) Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD).

1.5 Procurement Officer

The Procurement Officer is the sole point of contact as described in PUR 1001, Section 21.

Contact with the Procurement Officer will be in writing by email. The Procurement Officer for this solicitation is:

Shane Phillips, FCCN, FCCM General Services Purchasing Manager Purchasing and Contracts 4070 Esplanade Way, Suite 250 Tallahassee, FL 32399 Email: Shane.Phillips@flgaming.gov

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

NUMBER IN THE SUBJECT LINE OF THE EMAIL.***

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://vendor.myfloridamarketplace.com/ mailto:ADA.Coordinator@flgaming.gov

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If a Respondent claims that any portion of an email is trade secret under section 812.081, F.S., section 688.002, F.S., or otherwise confidential under Florida or Federal Law, the Respondent is to place the word “Confidential” in the subject line.

1.6 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check for any changes. All changes to the Timeline of Events will be made through addendums to the solicitation on VIP. Respondents are responsible for submitting all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda). The FGCC will not consider late submittals.

Timeline of Events Event Time (Eastern Time) Event Date

Solicitation posted on VIP September 29, 2023

Deadline to submit questions to the Procurement Officer 11:59 p.m. October 13, 2023

FGCC’s anticipated posting on VIP of answers to Respondent’s questions if any October 20, 2023

Deadline to submit Proposal and all mandatory responsiveness requirements to the Procurement Officer 2:00 p.m. November 2, 2023

Public Opening Conference Room 235Q 4070 Esplanade Way, Suite 250 Tallahassee, FL 32399

2:00 p.m. November 3, 2023

Evaluation Phase November 6, 2023 – November 17, 2023

Anticipated date to post Notice of Intent to Award on VIP November 22, 2023

Anticipated Contract start date Upon execution

1.7 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this RFP, the conflict will be resolved in the following order of priority (highest to lowest):

a) Addenda to RFP, if issued (in reverse order of issuance)

b) Attachment C, Price Sheet

c) Attachment D, Evaluation Criteria and Scoring of Proposals

d) This RFP document

e) Attachment A – Draft Contract

f) Attachment B – Scope of Work

g) Attachment E – Special Contract Conditions

h) Attachment F – Additional Special Contract Conditions

i) Attachment G – Affidavit – Notice of Trade Secret

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SECTION 2. SOLICITATION PROCESS

2.1 General Description of RFP Procedure

The RFP is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. Vendors can submit formal questions in writing to the Procurement Officer by the deadline listed in Section 1.6, Timeline of Events. Proposals must be submitted by the deadline listed in Section 1.6, Timeline of Events. The FGCC will hold a public opening of the Proposals at the date, time, and location provided in Section 1.6, Timeline of Events. Respondents are not required to attend. FGCC will not announce prices or release other materials at this public opening, in accordance with section 119.071(1)(b), F.S. The Procurement Officer will perform an initial responsiveness check.

The FGCC will evaluate Proposals in accordance with Section 4.2, Evaluations. During this phase, the FGCC’s evaluators will independently evaluate the Technical Proposals from all Responsive Proposals and the Procurement Officer will review the Financial Proposals from all Responsive Proposals in accordance with Attachment D – Evaluation Criteria and Scoring of Proposals. The final scores for the Respondents will be calculated in accordance with Attachment D – Evaluation Criteria and Scoring of Proposals. One Contract will be awarded to the responsive and responsible Vendor whose Proposal is deemed most advantageous to the State, taking into consideration the price and other criteria set forth in the Request for Proposals.

Any reservation or listing of reservations of the FGCC’s rights provided in this RFP is not intended to be exhaustive and shall not be construed to limit the rights of the FGCC in conducting this procurement.

2.2 Questions and Answers

Vendors will submit all questions during the Question-and-Answer to the Procurement Office. The deadline for submission of questions is reflected in Section 1.6, Timeline of Events. The answers to questions received will be posted by addenda on the VIP.

Questions and answers will not constitute a basis for formal protest of the specifications of the solicitation. The FGCC’s answers to written questions will be posted in MFMP. The FGCC will not be bound by, and Respondents shall not rely on, any representations outside of this Question-and- Answer process.

2.3 Addenda to the Solicitation

The FGCC reserves the right to modify this solicitation by addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on VIP. It is the Respondent’s responsibility to check VIP for any changes throughout the procurement process and prior to submitting a Proposal.

2.4 Receipt of Proposals

2.4.1 Proposal Deadline

The Respondent is responsible for ensuring their Proposal is successfully submitted in MFMP no later than the date and time provided in Section 1.6, Timeline of Events (or as revised by addenda).

2.4.2 Clarification to Proposals

No changes, modifications, or additions to the Proposals will be allowed after the Proposals have been opened. However, the FGCC reserves the right to seek clarifying information or

Independent Testing Lab Services Page 8 of 20 documentation from any Respondent at any time. Failure to supply the information or documentation as requested may result in the Proposal being deemed non-responsive.

2.4.3 Firm Offer

The FGCC may enter into a Contract within 180 Calendar Days after the date the Notice of Intent to Award is posted, during which period Proposals shall remain firm and shall not be withdrawn. If a Contract is not executed within 180 Calendar Days, the Proposals shall remain firm until either the Contract is executed, or the FGCC receives from a Respondent written notice that the Proposal is withdrawn.

2.4.4 Contract Formation

The FGCC may issue a “Notice of Intent to Award” to award a Contract to the successful Respondent. However, no Contract shall be formed between a Respondent and the FGCC until both parties sign the Contract. The FGCC shall not be liable for any work performed before the Contract is effective.

FGCC intends to enter a Contract with one Respondent pursuant to section 4.3.1, Basis for Award, of this RFP. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by FGCC. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the Basis for Award.

The Contract will consist of Attachment A – Draft Contract, Attachment B – Scope of Work, the pricing submitted by the awarded Respondent on Attachment C – Price Sheet, Attachment E – Special Contract Conditions, Attachment F, Additional Special Contract Conditions, and the Contractor’s Technical Proposal submitted in response to Solicitation No: FGCC-23/24-01.

The State of Florida’s General Contract Conditions are outlined in form PUR 1000, which is a downloadable document incorporated into this Request for Proposals by reference.

Any terms and conditions set forth in the Request for Proposals and in the Contract will take precedence over the PUR 1000 form where applicable.

State Purchasing (PUR) Forms / State Agency Resources / State Purchasing / Business Operations / Florida Department of Management Services - DMS (myflorida.com)

***By submitting a Proposal, the Respondent acknowledges its understanding and acceptance of all terms and conditions of the documents identified above that will form the Contract.

2.4.5 Modification or Withdrawal of Proposal

Respondents are responsible for the content and accuracy of their Proposals. A Respondent may modify or withdraw its Proposal in MFMP at any time prior to the Proposal due date and time set forth in section 1.6, Timeline of Events, of this RFP.

2.5 Minority Business Enterprise (MBE) Utilization

The Commission encourages small, minority, women, and service-disabled veteran businesses to compete for Commission contracts, both as vendors and subcontractors. The Commission, its vendors, suppliers, and consultants should take all necessary steps to ensure that small, minority, women, and service-disabled veteran businesses have the opportunity to compete for and perform contract work for the Commission.

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

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To request certification or to locate certified MBE’s, call the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the Internet at:

Office of Supplier Diversity (OSD) / Agency Administration / Florida Department of Management Services - DMS (myflorida.com)

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (2006 version), is incorporated herein by reference and can be accessed at:

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms _references_resources/purchasing_forms.

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated PUR 1001 and shall take precedence over conflicting terms of the PUR 1001:

Paragraphs 8 and 13 of the PUR 1001 are deleted in their entirety.

Paragraphs 3, 4, 5, 7, 9, 14, 15, 19, and 20 of the PUR 1001 (General Instructions) are deleted and are replaced as follows:

3. Electronic Submission of Proposals. Proposals shall be submitted in accordance with “How to Submit a Proposal” section of this solicitation.

4. Terms and Conditions. All Proposals are subject to the terms of this solicitation, which, in case of conflict, shall have the order of precedence listed in the Order of Precedence for Solicitation section.

FGCC shall not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Proposal. In submitting its Proposal, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

5. Questions. Questions shall be submitted in accordance with the Questions and

Answers section of this solicitation.

7. Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists.

a. Convicted Vendor List.

Pursuant to section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms

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TWO for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the Antitrust Violator Vendor List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

d. Suspended Vendor List.

Pursuant to section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not submit a bid, proposal, or reply to an agency or enter into or renew a contract to provide any goods or services to an agency after its placement on the suspended vendor list. The FGCC may not accept a bid, proposal, or reply from, or enter into or renew any contract with, a vendor on the suspended vendor list until such vendor has been removed from the suspended vendor list and returned to the vendor list maintained by the FGCC pursuant to section. 287.042(1)(a) and (b), F.S.

and the vendor has reimbursed the agency for any reprocurement costs.

9. Respondent’s Representation and Authorization. In submitting a Proposal, the

Respondent certifies that Respondent understands, represents, and acknowledges the following:

a. The Respondent is not currently under suspension or debarment by the State or any other governmental authority.

b. The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

c. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Proposal.

d. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation opening.

e. The Respondent has fully informed the FGCC in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, Independent Testing Lab Services Page 11 of 20 and employees of the Respondent and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.).

This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

f. Neither the Respondent nor any person associated with Respondent in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or in a position involving the administration of federal funds:

1. Is presently indicted for, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

2. Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

g. The products and/or services offered by the Respondent will conform to the specifications contained herein without exception.

h. The Respondent has read and understands the terms and conditions listed in the Draft Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the proposed Contract from the RFP process.

j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Proposal, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Proposal.

k. The Respondent shall indemnify, defend, and hold harmless the FGCC and their employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Proposal.

l. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the FGCC in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the FGCC of the true facts relating to the submission of the Proposal. A misrepresentation may be punishable under law.

m. If at any point during the procurement, circumstances change so that any of the above acknowledgements are no longer true, Respondent will notify the Procurement Officer as soon as practicable.

n. By submitting a Proposal, the Respondent agrees to and waives any objections to requirements contained in the solicitation, including any addenda thereto.

The FGCC reserves the right to deem the Respondent non-responsive or non-responsible based on any information provided in, or omitted from, the Respondent’s Proposal related to the certifications of this section.

14. Firm Response. The FGCC may make an award within one hundred and eighty (180)

Calendar Days after the date of the opening, during which period, Proposals shall remain firm and shall not be withdrawn. If award is not made within one hundred and eighty (180) Calendar Days, the Proposal shall remain firm until the FGCC enters into

Independent Testing Lab Services Page 12 of 20 a Contract or the FGCC receives from the Respondent written notice that the Proposal is withdrawn.

15. Clarifying Information. The FGCC may request, and Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Proposal being deemed non-responsive.

19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Proposals are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Proposal to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide FGCC with a separate, redacted copy of its Proposal. For each portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name and FGCC’s solicitation name and number and clearly title it, “Redacted Copy.”

Only portions of material that the Respondent claims are Confidential Information are to be redacted.

In accordance with section 119.071, F.S., Proposals are exempt from production in response to public records requests until such time as FGCC provides notice of an intended decision or until 30 days after opening the Proposals, whichever is earlier.

After that time, the FGCC will provide the redacted copy, if any, in response to a public records request.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are Responsive, FGCC will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, FGCC will notify the Respondent such an assertion has been made. It is the Respondent’s responsibility to take the appropriate legal action to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law.

If FGCC becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, FGCC will give the Respondent notice of the demand or request. It will be the Respondent’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information, FGCC will provide the unredacted materials to the requester.

By submitting a Proposal, the Respondent agrees to protect, defend, and indemnify the FGCC for all claims arising from or relating to the Respondent’s determination that the redacted portions of its Proposal are Confidential Information. If a Respondent fails to submit a redacted copy in accordance with this section, of information it claims is Confidential Information, the FGCC is authorized to produce the entire material submitted to the FGCC in response to a public records request for, or demand for discovery or disclosure of, these records.

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20. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2), F.S., and chapter 28-110, Florida Administrative Code. Any communication made not in accordance with these sections or the solicitation, including questions to the Procurement Officer, shall not constitute formal notice of a protest.

3.3 MFMP Registration and Florida Substitute Form W-9 Process

The awarded Respondent(s), if any, must have completed this process prior to Contract execution.

For additional information, please visit: https://vendor.myfloridamarketplace.com/.

The awarded Respondent(s) will be required to pay the required MFMP transaction fee(s) as specified in Section 14 of the PUR 1000, unless an exemption has been requested and approved prior to the award of the Contract, pursuant to Rule 60A-1.031, Florida Administrative Code.

The awarded Respondent, if any, must complete a Florida Substitute Form W-9 prior to Contract execution. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W- 9, please visit: https://flvendor.myfloridacfo.com/.

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at

(866) 352-3776 or VendorHelp@myfloridamarketplace.com.

3.4 How to Submit a Proposal

3.4.1 The Respondent must submit three hard copies of their entire proposal, and all required supporting attachments.

3.4.2 The Respondent must submit one electronic copy of the entire proposal (e.g., USB Flash Drive, thumb drive)

3.4.3 Proposals should be clearly marked on the outside of the package with the RFP number, Respondent name, and Procurement Officer name.

3.4.4 Submit proposals to the Procurement Officer by the date, time, and location listed in the

Timeline of Events section of this RFP. The Respondent is responsible for ensuring its proposal is delivered on the proper date and time and to the proper location. Do not wait until the last minute to submit a proposal. All electronic proposals should be fully searchable.

Hard copy and electronic proposals are to consist of identical information. In the event of a conflict, the electronic version will control. Proposals that are not submitted within the date, time, and to the location listed in the Timeline of Events section of this RFP, may be deemed nonresponsive.

3.5 Contents of Proposal

The Respondent’s Proposal may not contain any conditions or exceptions to any aspect of the solicitation and any such conditions or exceptions will not be considered in evaluating the Respondent’s Proposals. The only recognized changes to this RFP prior to the opening of Proposals will be by written amendments issued by FGCC.

Proposals are to be organized in sections as directed below. Submit a Proposal in accordance with Section 3.4, How to Submit a Proposal.

https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:VendorHelp@myfloridamarketplace.com

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Respondents are to organize each Proposal as follows:

Tab 1 – Cover Letter

• A cover letter on the Respondent’s letterhead with the following information:

a) Company name and physical address;

b) Contact information for Respondent’s primary point of contact, including phone number and email address; and

c) Federal Employer Identification (FEID) Number.

Tab 2 – Completed Forms and Attachments

• Contact Information Form

• Notice of No Conflict of Interest

• Mandatory Responsiveness Requirements Form

Tab 3 – Technical Proposal

• Respondent’s Technical Proposal will include the documentation and information detailed on Attachment D – Evaluation Criteria and Scoring of Proposals.

Tab 4 –Price Sheet

• Attachment C – Price Sheet, completed as instructed on Attachment C – Price Sheet.

Note: In the event the FGCC receives a Price Sheet containing illegible pricing or a mathematical error(s), the FGCC reserves the right to seek clarification of the prices received and to receive corrected price sheet(s). No material alterations of the original price sheet shall be accepted.

Tab 5 – Confidential Information (Optional)

• Should any portion of the Respondent’s Proposal contain confidential information, the

Respondent shall submit one (1) copy of the entire Proposal with confidential information redacted. Respondents will not be penalized for failing to submit a redacted copy. However, the FGCC intends to respond to public records requests with redacted copies in accordance with Section 3.2, paragraph 19. See section 3.7, Redacted Submissions, of this RFP.

3.6 Mandatory Responsiveness Requirements

FGCC will not review Proposals from Respondents who do not provide a completed Mandatory Responsiveness Requirements Form, including the submission of additional documents required therein.

FGCC reserves the right to waive any minor irregularity, technicality, or omission if FGCC determines that doing so will serve the best interest of the State.

Note: FGCC will perform an initial responsiveness check. Proposals found to be non-responsive will not be considered for award. The FGCC reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent.

3.7 Redacted Submissions

The following subsection supplements section 19 of the PUR 1001 as modified in section 3.2, Special Instructions, above. All materials submitted as part of this RFP will be a public record

Independent Testing Lab Services Page 15 of 20 subject to the provisions of Chapter 119, F.S. A time-limited exemption from public inspection is provided for the contents of proposals pursuant to subsection 119.071(1)(b), F.S. Selection or rejection of a proposal does not affect the public record status of the materials. If a Respondent considers any portion of the documents, data, or records submitted in its proposal to this solicitation to be Confidential Information not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, a Respondent must mark the document as “Confidential” and simultaneously provide FGCC with a separate redacted copy of its proposal and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. It is the Respondent’s responsibility to include with the redacted copy, FGCC’s solicitation name, number, and the Respondent’s name on the cover and to clearly title the document, “Redacted Copy.” Respondent must only redact those portions of material that the Respondent claims is Confidential Information.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution or other authority, to which documents that are marked as confidential are responsive, FGCC will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information, FGCC will notify the Respondent that such an assertion has been made. It is the Respondent’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law. If FGCC becomes subject to a demand for discovery or disclosure of the Confidential Information of the Respondent in a legal proceeding, FGCC will notify the Respondent of the demand. The Respondent shall be responsible for defending its determination that the redacted portions of its proposal are Confidential Information not subject to disclosure. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as trade secret or otherwise confidential, FGCC will provide the materials to the requester.

By submitting a proposal, the Respondent agrees to protect, defend, and indemnify the FGCC for any and all claims arising from, or relating to, the Respondent’s determination that the redacted portions of its proposal are Confidential Information. If the Respondent fails to submit a redacted copy of information it claims is confidential, FGCC is authorized to produce the entire documents, data, or records submitted to FGCC in answer to a public records request for these records.

3.8 Rejection of Proposals

The FGCC may reject any Proposal not submitted in the manner specified by this solicitation.

Proposals that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Proposals or status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsible. The FGCC reserves the right to determine which Proposals meet the requirements of this solicitation and which Respondents are Responsive and Responsible.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the FGCC still reserves the right to waive any minor irregularity if the FGCC determines that it is in the best interest of the State to do so.

A deviation from a requirement or condition is material if, in the FGCC’s discretion, it provides a substantial advantage to one Respondent over another or has a potentially significant effect on the quality of the Proposal.

Independent Testing Lab Services Page 16 of 20

Pursuant to section 287.05701, Florida Statutes, the Commission may not request documentation of or consider a Vendor’s social, political, or ideological interests when determining if the Vendor is a responsible vendor, nor may the Commission give preference to a Vendor based on the Vendor’s social, political, or ideological interests.

3.9 Subcontracting

The Respondent shall not utilize subcontractors to perform services under the Contract.

SECTION 4. SELECTION METHODOLOGY

4.1 Determination of Proposals’ Responsiveness for Evaluation

FGCC will determine which Respondents are Responsive and Responsible, and which have submitted a Responsive Proposal that meets the requirements of this RFP. Responsive Proposals will be provided to the evaluators for evaluation.

4.2 Evaluations

FGCC will appoint three (3) evaluators with collective experience in and knowledge of business transactions and policy initiatives. The evaluators will independently review, evaluate, and score the Respondent’s Technical Proposal to this RFP. Each Technical Proposal will be independently evaluated by each evaluator based on the criteria established in Attachment D – Evaluation Criteria and Scoring of Proposals.

Price Sheets will be reviewed and calculated by the Procurement Officer in accordance with Attachment D – Evaluation Criteria and Scoring of Proposals.

The Procurement Officer will calculate a Respondent’s total final overall score in accordance with Attachment D – Evaluation Criteria and Scoring of Proposals.

4.2.1 Other FGCC Rights for Evaluation

FGCC reserves the right at any time during the evaluation process to:

4.2.1.1 Redact, omit, or provide instruction to evaluators to disregard any portions of a proposed offering which FGCC determines are outside of the scope of this procurement.

4.2.1.2 Conceal pricing information from evaluators or provide an instruction to evaluators to disregard pricing information in their evaluation of a responsive Proposal.

4.3 Final Selection and Notice of Intent to Award Contract

4.3.1 Basis for Award

FGCC intends to award one Contract to the Responsive and Responsible Respondents that submit the Proposal with the highest total final score that are determined to be the most advantageous to the State of Florida.

4.3.2 Award Selection Criteria

The following award selection criteria will apply for this RFP:

a) The Respondent’s prior relevant experience and overall professional experience providing the proposed services;

Independent Testing Lab Services Page 17 of 20

b) The Respondent’s ability and approach to providing the services sought in Attachment B – Scope of Work; and

c) The Respondent’s pricing.

SECTION 5. AWARD

5.1 Rights for Award

FGCC reserves the right to:

• Award a contract to one Respondent for all the services encompassed by this solicitation.

• Award and contract with other Responsive and Responsible Respondent(s) if the FGCC is unable to contract with the initially awarded Respondent.

• Reject all Proposals and determine whether to reissue a competitive solicitation.

• Withdraw or cancel the procurement and make no award.

FGCC reserves the right to accept or reject any and all offers or separable portions and to waive any minor irregularity, technicality, or omission if the FGCC determines that doing so will serve the best interest of the state.

5.2 Agency Decision

If the FGCC awards a contract as a result of this solicitation, it will post a Notice of Intent to Award with the Respondent(s) identified therein, on the VIP website:

https://vendor.myfloridamarketplace.com.

If the FGCC decides to reject all Proposals, it will post a notice on the VIP website:

https://vendor.myfloridamarketplace.com.

5.3 Other Reserved Rights

FGCC reserves the right, after posting a Notice of Intent to Award, to withdraw or cancel the procurement, or amend its Notice of Intent to Award with any Respondent at any time prior to execution of a contract.

The FGCC has the right to use any or all ideas or adaptations of the ideas presented in any Proposal. Selection or rejection of a Proposal will not affect this right.

5.4 No Contract until Execution

A Notice of Intent to Award under this RFP shall not constitute or form any contract between FGCC and a Respondent and the Respondent shall not perform any work awarded under this RFP until such time as the Respondent and the FGCC formally execute a contract with requisite signature.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Independent Testing Lab Services Page 18 of 20

CONTACT INFORMATION FORM

For solicitation purposes, the Respondent’s contact person shall be:

Should the Respondent be awarded the Contract, the Account Manager’s contact information will be:

Name

Title

Company Name

Address

Telephone

Fax

E-mail

Name of Respondent Signature of Authorized Representative

Print Name Date

Independent Testing Lab Services Page 19 of 20

NOTICE OF NO CONFLICT OF INTEREST

Respondent Name

For the purpose of participating in the solicitation process and complying with the provisions of Chapter 112, F.S., the company states the following conflict(s) of interest exist as noted below (if none, write N/A in the applicable section(s) below:

The persons listed below are corporate officers, directors or agents and are currently employees of the State of Florida or one of its agencies:

The persons listed below are current State of Florida employees who own an interest of five percent (5%) or more in the company named above:

Independent Testing Lab Services Page 20 of 20

MANDATORY RESPONSIVENESS REQUIREMENTS FORM

1. The Respondent certifies that the Respondent is not on the Suspended Vendor List maintained pursuant to section 287.042(1)(a), F.S., and neither the Respondent nor any supplier, subcontractor, nor consultant included in its Proposal are on the Convicted Vendor, Discriminatory Vendor, or Antitrust Violator Vendor Lists specified in Section 7 of the PUR1001 form, as modified by section 3.2 of the RFP.

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

2. The Respondent certifies that the Respondent is in compliance with the requirements of this RFP, including Section 9 of the PUR 1001 form, as revised by Section 3.2 of the RFP.

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

3. The Respondent certifies that the Respondent is not on the Scrutinized Companies with Activities in Sudan List pursuant to section 215.473, F.S.; is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List pursuant to section 215.473, F.S.; is not on the Scrutinized Companies that Boycott Israel List pursuant to section 215.4725, F.S.; and is not participating in a boycott of Israel.

4. The Respondent certifies that if awarded a contract, and prior to execution of a contract, it shall provide a PDF file of its current and active registration with the Florida Department of State, Division of Corporations, or, if exempt from registration, a statement to that effect noting the basis for the exemption. Respondents should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes, from the Florida Department of State, Division of Corporations (www.sunbiz.org), to transact business in the State of Florida.

5. The Respondent certifies that the Respondent is in compliance with section 448.095(2)(a), F.S., and that within the last year (i.e., within the last 365 days), it has not had a contract terminated under section 448.095(2)(c), F.S., by a public employer, as defined by section 448.095(1)(i), F.S.

6. The Respondent certifies it is in compliance with all applicable disclosure requirements set forth in section 286.101, F.S., and has not been deemed ineligible for a grant or contract funded by a State agency pursuant to section 286.101(7), F.S.

7. The Respondent certifies it is accredited in accordance with ISO/IEC 17025 by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement.

Execution of this form includes completion of the information below which certifies that the signatory has the authority to respond to this solicitation on the Respondent’s behalf and certifies conformance with all the Mandatory Responsiveness Requirements listed above.

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

Attachment A

FOR INDEPENDENT TESTING LAB SERVICES

RFP NO. FGCC-23/24-01

Draft Contract

This Contract is between the State of Florida (State), Florida Gaming Control Commission (Commission), an agency of the State of Florida and ____________________________ (Contractor) with its principal place of business located at __________________________ collectively referred to herein as the “Parties.”

“WHEREAS, the Contractor submitted a responsive proposal to the Commission’s Request for Proposal, number FGCC-23/24-01, Independent Testing Lab Services; and, WHEREAS, after evaluation of submitted proposals, the Commission determined that the contractor’s proposal is among those that are the most advantageous to the State; and, WHEREAS, the Commission is desirous of entering into this Contract with the Contractor; and, NOW, THEREFORE, the Parties agree as follows:”

I. Initial Contract Term.

The Initial Contract Term shall be for two…