FORM 7 - Pass Fail Requirement Certification and Non-Collusion Certification.pdf

FORM 7 - PASS/FAIL REQUIREMENT CERTIFICATION AND NON-COLLUSION

CERTIFICATION

FDC-ITN-27-022

Operation and Management of Contractor-Operated Correctional Facilities

1. Business/Corporate Experience

The Vendor certifies it has at least ten (10) years of business/ corporate experience within the last five (5) years in providing services relevant to the provision of services of similar size and scope of this solicitation. To ensure the Vendor is qualified to serve Inmate populations, the Vendor(s), whether responding independently, as a partnership, as a joint venture, or with a response that proposes the utilization of Subcontractor(s), must collectively have at least ten (10) years of business/corporate experience, within the last five (5) years, providing services of similar size and scope as described in this ITN.

2. Prime Vendor The Vendor certifies it will act as the prime Vendor to the Department for all services provided under the Contract.

3. Reply Bond The Vendor certifies it has included in its Reply a bond or check in the amount of five (5) percent of the total proposal price for one (1) year. The bond insures against the Vendor’s withdrawal from the competitive solicitation process subsequent to its submission of a Reply.

4. Performance Guarantee/Bond The Vendor certifies that it can demonstrate their ability to meet the performance guarantee/bond requirements. Within 10 Business Days of Contract execution, the Vendor shall furnish the Department a performance bond or irrevocable letter of credit in amount of $8 million or the average annual price of the Contract (averaged from the initial term of the Contract). The bond or letter of credit will be used to guarantee at least satisfactory performance by the Vendor throughout the term of the Contract (including renewal years).

5. Meets Legal Requirements The Vendor certifies that its proposed offering/solution, and all services to be provided under the Contract shall be compliant with all laws, rules, and other authority applicable to providing the services including, but not limited to, Florida’s Open Government laws (Article I, Section 24, Florida Constitution, Chapter 119, F.S.).

6. Financial Stability The Vendor attests to its positive financial standing and that its current Dun & Bradstreet (D&B) Financial Stress Score has a Financial Stress Class of 1, 2, 3 or 4.

7. Statement of No Inducement The Vendor certifies that it has made no attempt and will make no attempt to induce any other person or firm to submit or not to submit a Reply. Further, the Vendor certifies its Reply contained herein is submitted in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive Reply.

8. Statement of Non-Disclosure The Vendor certifies that neither the price(s) contained in this Reply, nor the approximate amount of this Reply have been disclosed prior to award, directly or indirectly, to any other Vendor or to any competitor.

FDC-ITN-27-022

Operation and Management of Contractor-Operated Correctional Facilities

9. Statement of Non-Collusion The Vendor certifies that the prices and amounts in its Reply have been arrived at independently, without consultation, communications, or agreement with any other Vendor or with any entity for the purpose of restricting competition.

10. Statement of Data Security The Vendor attests that all data generated, used, or stored by the Vendor pursuant to the Contract will reside and remain in the United States and will not be transferred outside of the United States.

11. Scrutinized Company Certification A. If the vendor provides goods or services of any amount, the vendor certifies:

• The Vendor has completed the “Quarterly List of Scrutinized Companies” section of

Form 7801.

B. If the vendor provides goods or services that could be at or above $1 million, the vendor also certifies:

• The Vendor has completed the “Scrutinized List of Prohibited Companies” section of

Form 7801.

C. The vendor agrees that the Agency can immediately terminate any agreement for cause or disqualify the vendor from further consideration of any purchases, if the following is discovered:

• The vendor is found to have submitted a false certification, after providing notice in accordance with 287.135(5)(a), F.S.;

• The vendor is placed on a list created pursuant to s. 215.473, F.S., relating to scrutinized active business operations in Iran; or

• The vendor is found to have been placed on the Scrutinized Companies that Boycott

Israel List or is engaged in a boycott of Israel.

D. The vendor understands the following:

• The Agency may, on a case-by-case basis, make exceptions to these requirements as permitted in s. 287.135(4), F.S.; and

• An unsuccessful vendor has no right to protest the award of a contract or renewal on the basis of a false certification, in accordance with s. 287.135(6), F.S.

12. E-Verify Every public employer, contractor, and subcontractor shall register with and use the E- Verify system, https://www.e-verify.gov/employers, to verify the work authorization status of all newly hired employees.

A. The Vendor has completed the E-Verify section in PUR 7801.

B. The vendor understands that it shall be unlawful for any person knowingly to employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within the state, an alien who is not duly authorized to work by the https://www.e-verify.gov/employers

FDC-ITN-27-022

Operation and Management of Contractor-Operated Correctional Facilities immigration laws or the Attorney General of the United States, in accordance with s.

448.09, F.S.

C. The vendor has included proof of its E-Verify registration.

D. The primary vendor understands that it must request and maintain an affidavit for all subcontractors stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The primary vendor certifies that it will provide subcontractor affidavit(s) to the Department at any time the Department requests.

13. Foreign Countries of Concern Attestation

A. The vendor understands that, if awarded, it will have access to personal identifying information as “personal information” is defined in s. 501.171, F.S.

B. The vendor has included a completed DMS Form PUR 1355.

14. Foreign Gifts, Interest and Contracts

In submitting this bid, proposal or reply, the vendor certifies the following:

A. The vendor has completed the s. 286.101 required disclosures section of PUR 7801;

B. If applicable, the vendor has provided a list to the Department, prior to submission of its bid, proposal or reply, of previous disclosures that were made subject to the requirements of s. 286.101(3), F.S.; and

C. The vendor understands that it is a continuing requirement of this procurement process to make disclosures in accordance with s. 286.101, F.S.

15. The Vendor has completed the PUR 7801 section that relates to the following:

• Convicted Vendor List

• Discriminatory Vendor List

• Antitrust Violator Vendor List

• Suspended Vendor List

16. Forced Labor Vendor List

Contractor has completed DMS FORM PUR 7801 and DMS Form PUR 2024; and understands that pursuant to Section 287.1346, F.S., a Vendor on the Forced Labor Vendor List:

1. May NOT be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities; or

2. May NOT transact business for the provision of commodities with any agency.

3. May have a contract immediately terminated in accordance with Section 287.1346(4)(a)2., F.S., if the Contractor is placed on the Forced Labor Vendor List.

FDC-ITN-27-022

Operation and Management of Contractor-Operated Correctional Facilities

Vendor Name:

Authorized Signature:

Printed Name of Authorized Signor:

NOTARY AFFIRMATION: STATE OF , COUNTY OF

Pursuant to Section 117.05(13)(a), F.S., the signor, subscribed before me by means of physical presence or online notarization, this _______ (Day) of ___________(month), 20 , affirms the contents of this Attachment.

(Place Notary Seal Below) | Signature of Notary Public:

Name of Notary Typed, Printed, or Stamped: