FSG-ITN-2324-1002 UH-60 Blackhawk Helicopter.pdf

INVITATION TO NEGOTIATE (ITN)

UH-60 BLACKHAWK HELICOPTER

FSG-ITN-23/24-1002

DIVISION OF THE FLORIDA STATE GUARD

TALLAHASSEE, FL 32099

FSG-ITN-23/24-1002

UH-60 Blackhawk Helicopter

THE STATE OF FLORIDA

DEPARTMENT OF MILITARY AFFAIRS

INVITATION TO NIGOTIATE

UH-60 BLACKHAWK HELICOPTER

REPLY ACKNOWLEDGEMENT FORM

Potential Respondents/Respondents shall complete and submit this Reply Acknowledgement Form separately to the Division of the State Guard (Division) office by email at reflacher.maddox@floridastateguard.fl.gov

Completion/Submission of this form is for informational purposes only, and not provided as a result of the Reply submission. The solicitation information, all related documentation, and any Addendums will be available to the public on the MyFloridaMarket Place Vendor Information Portal (VIP) unless otherwise noticed.

NOTICE PURSUANT TO SECTION 287.057(25), 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 seventy-two (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.

I agree to abide by all conditions of this response and certify that I am authorized to sign this reply for the Respondent and that the Respondent is in compliance with all requirements of the Invitation to Negotiate, including but not limited to, certification requirements.

RESPONDENT NAME:

MAILING ADDRESS:

CITY, STATE, ZIP:

PHONE NO.:

FAX NO.:

EMAIL ADDRESS:

FEID NO.:

Print Name

Signature

Date

Page 3 of 36 FSG-ITN-23/24-1002

TABLE OF CONTENTS

1.0. CALENDER OF EVENTS

2.0. INTRODUCTION

2.1.Solicitation Objective 2.2.Terms 2.3.Special Accommodations 2.4.Order of Precedence for Solicitation

3.0. SOLICITATION PROCESS

3.1.General Overview 3.2.Questions and Answers 3.3.Addenda to Soliciation 3.4.Public Opening 3.5.Contract Formation 3.6.Disclosure of Proposal Content 3.7.Clarification Process 3.8.Modification or Withdrawal of Reply 3.9.Diversity

4.0. GENERAL AND SPECIAL INSTRUCTIONS

4.1.General Instructions 4.2.Special Instructions 4.3.Network Business Registration Requirements 4.4.How To Submit A Reply

5.0. REPLY CONTENT

5.1.Redacted Submissions 5.2.Non-Responsive Replies 5.3.Florida Substitute Form W-9 Process 5.4.Price Sheet Instructions 5.5.Certification of Drug-Free Workplace Program

6.0. SPECIAL CONDITIONS

6.1.Minority Business Enterprise (MBE) Utilization

6.2. Communications

6.3.Estimated Expenditures 6.4.Qulifications 6.5.Contractor’s Contractual Obligations 6.6.Copyrighted Materials 6.7.Costs Incurred In Responding 6.8.Product Delivery, Acceptance and Consequences 6.9.Payment Methods 6.10.Security Requirements

7.0. SELECTION METHOLOGY

7.1. Reply Evaluation

7.2. Ev luation Phase

7.4. Negotiation Team

7.5. Negotia ions

7.6. Revised Replies and Best and Final Offers

7.7. Evaluation Criteria and Scoring

7.8. Department’s Rights to Reject Replies

7.9. Equal Replies

8.0 AWARD

8.1. Rights for Award

8.2. Agency Decision

7. . Negotia ion

Attachments:

Attachment A – Statement of Work Attachment B – Vendor References Attachment C – Certification of Drug Free Workplace Attachment D – Price Sheet Attachment E – Minimum Qualifications Statement Attachment F – Vendor Certifications Attachment G – TBO Evaluation Sheet

REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

1.0 CALENDER 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 on the Vendor Information Portal (VIP). Respondents are responsible for submitting all required documentation by the dates and times specified below. (All times indicated are Eastern Time).

DATE TIME ACTION LOCATION

March 20, 2024

Release of Solicitation Electronic Post

MyFloridaMarket Place Vendor Information Portal

March 21, 2024

5:00 PM

EST

Deadline for Receipt of Completed Reply

Acknowledgement Form

Division of the State Guard reflacher.maddox@floridastat eguard.fl.gov

5:00 PM

Deadline for Vendor Written Questions

Division of the State Guard reflacher.maddox@floridast ateguard.fl.gov

Anticipated Date for Department’s Response to Vendor Written Questions

Electronic Post MyFloridaMarket Place

Vendor Information Portal

March 25, 2024 1:00 PM

EST

Deadline for Receipt of Vendor Replies

Electronic Submission

March 25, 2024

2:00 PM

Reply/Proposal Opening

– Conference Call & Evaluation Commence

Join by telephone:

United States (Toll Free):

1 571-616-7941

Access Code: 538 637 600

March 26, 2024

Evaluation Publish

Internal Only

March 27, 2024

Negotiations (Final times to be communicated to Respondent(s) selected for negotiations. Note:

Negotiations are not opened to the public but recorded.

Internal Only

April 4, 2024

2:00 PM

Negotiation Team Public Meeting Best Value

Recommendation (This meeting is open for public attendance via telephone).

Join by telephone:

United States (Toll Free):

1 571-616-7941

Access Code: 538 637 600

April 9, 2024 10:00 AM

EST

Anticipated Notice of Intent to Award

Electronic Post MyFloridaMarket Place

Vendor Information Portal

2.0 INTRODUCTION

2.1 Solicitation Objective

The Division of the Florida State Guard (FSG), under the Department of Military Affairs (Department or DMA), is issuing this Invitation to Negotiate (ITN) to establish a contract for two refurbished (2) UH-60 Blackhawk Helicopters (with the intent to purchase multiple units), to the delivery location to Tallahassee Regional Airport, 3300 Capital Circle SW, Tallahassee, FL 32310.

2.2 Term

The delivery date must be prior to May 1, 2024.

2.2.1. Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at

(850) 922-7535 or ADA.Coordinator@dms.fl.gov at least five (5) business days prior to the scheduled event. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) 955-

8771 (TDD).

2.2.2. Procurement Officer

In accordance with section 21 of the PUR 1001:

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_Ge neral_Instructions_to_Respondents.pdf, the Procurement Officer is the sole point of contact for this ITN. Violation of this restriction may be grounds for rejecting a response.

The contact information for the Procurement Officer is:

Reflacher Maddox, Purchasing Manager Division of the Florida State Guard 2600 Blairstone Road Tallahassee, FL 32399-0950 Email: Reflacher.Maddox@floridastateguard.fl.gov

ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE

ITN NUMBER IN THE SUBJECT LINE OF THE EMAIL.

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

2.3. Order of Precedence for Solicitation

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

Addenda to ITN, if issued (in reverse order of issuance) Attachment A – Statement of Work, Attachment D – Price Sheet, Attachment G – TBO Evaluation Sheet

ITN document, PUR 1001, and All other ITN Forms

3.0 SOLICITATION PROCESS

3.1 General Overview

The ITN is a method of competitively soliciting a commodity or contractual service under Chapter 287, Florida Statutes. The Department posts an ITN on VIP to initiate the process. Vendors can submit formal questions in writing to the Procurement Officer by the date listed in Section 1.0, Calendar of Events. Replies must be submitted by the deadline listed in Section 1.0, Calander of Events.

The ITN process is divided into two phases: the evaluation phase and the negotiation phase. The evaluation phase involves the Department’s evaluation of Replies in accordance with Section 7.2, Evaluations. During this phase, the Department’s evaluation team evaluates the Technical Replies from all Responsive Replies in accordance with Section 7.7 Evaluation Criteria and Scoring of Replies. The final scores for the Respondents, calculated in accordance with Section 7.7 Evaluation Criteria and Scoring of Replies will be used by the Department to establish a competitive range of Replies reasonably susceptible of award. The Department then selects one or more Respondents within the competitive range with which to commence negotiations.

The negotiation phase involves negotiations by the negotiation team with the Respondent(s) who were determined to be within the competitive range and were selected to participate in negotiations. During the negotiation phase, the Department may request revised Replies and/or Best and Final Offers (BAFOs), based on the negotiations.

Once negotiations have concluded and BAFO(s) have been received and reviewed, the Department will hold a Negotiation Team Public Meeting to recommend a Contract award(s). The Department intends to then post a Notice of Intent to Award a Contract(s), identifying the Responsive and Responsible Vendor(s) that provide(s) the best value to the State.

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

3.2 Questions and Answers

Vendor will submit all questions regarding this solicitation to the Procurement Officer via email during the Questions & Answers period. The deadline for receipt of questions is reflected in Section 1.0, Calendar of Events.

The Department requests that all questions have the ITN number in the subject line of the email. Questions should be submitted in the following format:

Question # Vendor Name ITN Section ITN Page # Question

Questions will not constitute a formal protest of the specifications of this ITN.

Responses to all written inquiries, as well as all clarifications or addenda, if any, will be made through a posting on VIP.

3.3 Addenda to Solicitation

The Department reserves the right to amend this ITN by addenda. Any and all addenda will be posted on VIP. Throughout the procurement process and prior to submitting a Reply it is the responsibility of the Respondent to check VIP for any changes.

3.4 Public Opening

A public opening will be conducted at the time, date, and location specified in Section 1.0, Calendar of Events. Respondents are not required to attend. The Department generally does not announce prices or release other materials at this public meeting, in accordance with Section 119.071(1)(b), F.S. After the Department’s review, the Department will post its intended decision on the VIP.

3.5 Contract Formation

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

The Department intends to enter in a Contract with a Vendor pursuant to the Basis of Award section of this ITN. No additional documents submitted by a Vendor will be incorporated in the PO unless it is specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Vendor, the additional documents will not be considered for the Basis of Award.

The General Contract Conditions to Respondents (PUR 1000, 2006 version) are also incorporated into the Contract by reference and can be accessed at:

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_form s_referenc es_resources/purchasing_forms

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.

3.6 Disclosure of Proposal Contents

All documentation supplied to the Department as part of a Reply becomes the exclusive property of the Department and will not be returned to the Vendor unless withdrawn prior to the deadline to submit Replies in accordance with the modification or withdrawal of Reply requirements in Section 3.8. Selection or rejection of a Reply shall not affect this right.

The State of Florida shall have the right to use all ideas, or adaptations of ideas, contained in any Reply received in response to this ITN. Selection or rejection of a Reply shall not affect this right.

3.7 Clarification Process

The Department may request clarification from the Vendor for resolving ambiguities or questioning information presented in its Reply. Clarifications may be requested throughout the ITN process. The Vendor’s answer(s) to requested clarifications must be in writing and must address only the information requested. The Vendor’s answer to requested clarifications must be submitted to the Department within the time specified by the Department in the request.

3.8 Modification or Withdrawal of Reply

Respondents are responsible for the content and accuracy of their Replies. A Respondents may modify or withdraw its Reply in MFMP Sourcing at any time prior to the Reply due date and time set forth in Section 1.0, Calendar of Events, of this ITN.

A Reply may be withdrawn by notifying the Procurement Officer in writing before the Reply opening.

3.9 Diversity

The Department is dedicated to fostering the continued development and economic growth of minority, veteran, and women-owned businesses. Participation of a diverse group of vendors doing business with the State of Florida is central to the Department’s effort. To this end, minority, veteran, and women-owned businesses are encouraged to participate in the State’s competitive procurement process as both Contractors and subcontractors.

4.0 GENERAL AND SPECIAL INSTRUCTIONS

4.1 General Instructions

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

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_form s_references_resources/purchasing_forms.

4.2 Special Instructions

The PUR 1001 The following special instructions modify the general instructions provided in the incorporated PUR 1001.

Paragraphs 8 and 13 of the PUR 1001 is inapplicable in its entirety and is hereby deleted.

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

3. Electronic Submission of Replies. Replies shall be submitted in accordance with Section 4.4 of this ITN, How to Submit a Reply.

4. Terms and Conditions. All Replies are subject to the terms of this ITN, which, in case of conflict, shall have the order of precedence listed in Section 2.4 of this ITN, Order of Precedence for Solicitation.

The Department shall not accept any unrequested terms or conditions submitted by a Respondents, including any appearing in documents attached as part of a Respondent’s Reply. In submitting its Reply, 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 Section 3.2 of this ITN, Questions and Answers.

7. Convicted Vendor, Discriminatory Vendor, and Antitrust Violator

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 Reply, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Reply, 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 Replies, 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 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 Reply, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Reply, 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 Replies, 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 Reply, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a Reply, 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 Reply, 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.

14. Firm Response. The Department may make an award within 120 days after the date of the opening, during which period Replies shall remain firm and shall not be withdrawn. If an award is not made within 120 days, the Reply shall remain firm until the Department enters into a Contract or the Department receives from the Respondents written notice that the Reply is withdrawn.

15. Clarifying Information. The Department may request, and Respondents shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Reply 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 Replies are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Reply to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Reply. For each redacted portion, the Respondent is to briefly describe in writing the grounds for claiming an exemption from disclosure, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name, the name and number of this solicitation, 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 119.0701, F.S., Replies are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the Replies, whichever is earlier. After that time, the Department 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, the Department will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the Department 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 the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Department 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, the Department will provide the unredacted materials to the requester.

By submitting a Reply, the Respondent agrees to protect, defend, and indemnify the Department for all claims arising from or relating to the Respondent’s determination that the redacted portions of its Reply 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 Department is authorized to produce the entire material submitted to the Department in response to a public records request for, or demand for discovery or disclosure of, these records.

20. Protests. 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. Any protest must be timely filed with the Department of Management Services’ Agency Clerk listed at:

http://www.dms.myflorida.com/agency_administration/general_counsel

4.3 MFMP Registration

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.

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at 866- 352-3776 or VendorHelp@myfloridamarketplace.com.

4.4 How To Submit a Reply

4.4.1 MFMP Registration

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit a Reply to this solicitation event.

4.4.1.1 To Participate in this solicitation, a Vendor must:

a. Create an account through VIP at https://vendor.myfloridamarketplace.com if not already registered.

b. Once registered in VIP, search for this solicitation from the

Advertisements Dashboard and click “Intends to Participate.”

c. The Vendor’s solicitation contact as listed in Vendor’s MFMP account will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

4.4.1.2 If a Vendor is NOT registered in the Business Network, the Vendor must:

a. Register in the Business Network using the Ariba account” link

(selecting the “Click here to activate) you received by email after selecting “Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

b. Activate the Vendor’s account, using the email received from the

Business Network confirming the registration of the Vendor’s account. This will direct the Vendor to the Business Network welcome page.

If a Vendor is registered in the Business Network and has selected it Intends to Participate in this solicitation:

a. Login into to the Business Network home page.

b. Access sourcing (solicitation) events, by selecting the

“Business Network” drop down menu at the top left-hand corner of the screen. Select “Ariba Proposals & Questionnaires” and review the “Events” list for the title of this solicitation’s sourcing event.

c. The sourcing event will display in the “Open” or “Preview” status.

Click the sourcing event title to review the details of the event.

d. In the Event Details page, there is a “Checklist” of steps which must completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

4.4.2 All electronic documents should be searchable to the fullest extent practicable. Paper and electronic copies of Proposals are to consist of identical information. In the event of a conflict, the electronic version will control. Replies that are not timely submitted as specified shall be deemed non-responsive.

Neither the Department nor the State is liable for any costs incurred by the Respondent in responding to this ITN.

ALL VENDORS MUST SELECT “INTENDS TO PARTICIPATE” IN VIP

AND SUBMIT THEIR RESPONSE AND ALL REQUIRED DOCUMENTS IN

THE BUSINESS NETWORK BY THE TIME AND DATE LISTED IN THE

TIMELINE OF EVENTS IN ORDER TO PARTICIPATE IN THIS

SOLICITATION.

5.0 REPLY CONTENT

The Respondent’s Reply 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 Reply. The only recognized changes to this ITN prior to the opening of Replies will be by written amendments issued by the Department.

All Replies and associated forms must be signed and dated in ink by a duly authorized representative of the Vendor. All Replies and related documents submitted in response to this ITN shall become the property of the State of Florida.

Replies are to be organized in sections as directed below. Submit a Reply in accordance with Section 4.4.1, MFMP Registration.

Respondents are to organize each Reply as follows:

TAB ONE – Transmittal Letter The transmittal letter should be signed by an individual who is authorized to commit Respondent to the Services and requirements as stated in this ITN.

TAB TWO – Title Page and Table of Contents The title page should bear the name and address of the Respondent and the name and number of this ITN. This should be followed by a table of contents for the entire Reply.

TAB THREE – Administrative Qualifications Documents

Reference Sheet: In the Vendor Reference Sheet (Attachment B) the Vendor must list a minimum of three (3) separate and verifiable clients.

Confidential clients must not be included. The Vendor must have provided the same or similar products or services as those specified in the solicitation within the last three (3) years for the reference. The Department reserves the right to obtain and utilize references not provided by the Vendor.

Drug Free Workplace: Drug-Free Workplace Compliance Form must be signed and returned. (Attachment C)

Minimum Qualifications Statement: Vendors shall provide a brief description of their work history, which shall include, but not be limited to, business certifications, number of years in business and other information that may demonstrate company stability and reliability.

(Attachment E)

Vendor Certification Regarding Scrutinized Companies Lists: Must be signed and returned. (Attachment F)

TBO Evaluation Sheet (Attachment G)

TAB FOUR – Technical Reply Using the description of work outlined in Attachment A - Statement of Work and Requirements, Vendors should prepare their solicitations in the order outlines, below, with the sections tabbed for ease of identification and review.

TAB FIVE – Price Sheet (Attachment D)

The Respondent shall complete and submit Attachment D – Price Sheet, in accordance with the Instructions of Attachment D – Price Sheet and Section 5.4, Price Sheet Instructions if this ITN.

The Respondent may not add additional tabs or delete any to the Excel Workbook.

Each Vendor shall use the form provided as Attachment D -Price Sheet, to provide fixed price rates for the services requested in this solicitation.

All price sheet calculations will be verified for accuracy by the Department. If mathematical error(s) in a Vendor’s price sheet(s) calculations are identified, unit prices submitted by the Vendor will be used to determine the total price for that Vendor. Any qualifications, counter offers, deviations or challenges shall render the Reply non-responsive. The prices provided shall include the cost of all necessary activities to accomplish the project including, but not limited;

MyFloridaMarketPlace transaction fees; miscellaneous expenses (i.e., overhead, fringe benefits, etc.); travel and incidental expenses.

FSG will not be subject to any additional costs such as airport fees, service, maintenance, pilots, fuel or any other miscellaneous fees associated with the delivery of the aircraft. To the extent that a Respondents wishes to recover any fees and costs to be incurred by said Respondents which relate to delivery and acceptance (including, but not limited to pilot fees, fuel, airport fees, etc.).

Notice Regarding Use of Microsoft Excel. Cells which have been highlighted yellow require a response from the Respondent.

TAB SIX – Confidential Information (Optional) Should any portion of the Respondent’s Proposal contain confidential information, 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 Department intends to respond to public records requests with redacted copies in accordance with Section 4.2, paragraph 19.

Replies that fail to include all required information, shall be deemed non-responsive. Replies shall be prepared simply and economically, providing a straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this solicitation. The emphasis of each Reply shall be on completeness and clarity of content.

The Department will only consider electronic Replies submitted through the Business Network. Vendors must ‘Join’ the MFMP event in VIP to be able to submit a Reply. Replies must be submitted by the date and time specified in Section 1.0, Calendar of Events. The Department will not consider late Replies.

5.1 Redacted Submissions

This Section 5.1, Redacted Submission, supplements Section 19 of the PUR 1001 as modified in Section 4.2, Special Instructions, above. All materials submitted as part of this ITN will be a public record 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.

5.2 Non-Responsive Replies

Each Vendor shall submit a Reply that meets all material requirements of this ITN.

The Department will review Replies to determine the material requirements as outlined in the ITN. The Department seeks to maximize competition and reserves the right to seek clarification from Vendor to obtain non-material information to complete a responsiveness review. Failure of a Vendor to provide required information may cause a Vendor to be deemed Non-Responsive and therefore be disqualified from further consideration.

Non-Responsive Replies may include, but are not limited to, those which:

• fail to utilize, complete, and/or submit the mandatory prescribed forms;

• include terms and conditions contrary to the requirements of this solicitation;

• do not contain original authorized signatures;

• contain Technical or Proposal information contrary to those outlined in this solicitation; and

• are not in conformance with the requirements and instructions contained herein.

A NON-RESPONSIVE REPLIES WILL NOT BE CONSIDERED UNLESS, AT THE

DEPARTMENT’S DISCRETION, THE DISCREPANCY DOES NOT PREVENT

REVIEW OF THE REPLY BY THE DEPARTMENT AND CAN BE EASILY AND

QUICKLY REMEDIED.

The Department reserves the right to wave minor irregularities in a Proposal. A minor irregularity is a variation of a technical nature to this Solicitation which does not affect the price of the Proposal or give the Vendor(s) a substantial or unfair advantage over other Vendors. At its sole discretion, the Department may request a Vendor to provide clarifying information or additional materials to correct a minor irregularity. However, the Department will not request, and the Vendor shall not provide, additional materials that affect the price of the Proposal or give the Vendor an advantage or benefit not provided to all responding Vendors.

5.3 Florida Substitute Form W-9 Process

It is mandatory and the responsibility of the awarded Respondent, if any, to complete a Florida Substitute Form W-9 prior to execution of a Contract. The Internal Revenue Service (IRS) 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/.

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.

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

5.4 Price Sheet Instructions

The Respondents must submit a completed Attachment D – Price Sheet, as detailed in Section 5.0, Reply Content, of this ITN.

Note: In the event the Department receives a Price Sheet containing illegible pricing or a mathematical error(s), the Department 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.

5.5 Certification of Drug-Free Workplace Program

The State supports and encourages initiatives to keep the workplaces of Florida’s suppliers and vendors drug-free. Section 287.087, Florida Statutes, provides that, where identical tie proposals are received, preference shall be given to a proposal received from a Vendor that certifies it has implemented a drug- free workforce program. If applicable, the Vendor shall sign and submit Form 5 (Drug-Free Workplace Certificate) to certify that the Vendor has a drug-free workplace program.

The Vendor shall describe how it will address the implementation of a drug-free workplace in offering the items of proposal.

In the event that the Department receives identical proposals from two (2) or more Vendors with drug-free workplace programs, the final determination of the award shall be decided through the toss of a coin in a public meeting.

6.0 SPECIAL CONDITIONS

6.1 Minority Business Enterprise (MBE) Utilization

DMA encourages the recruitment and utilization of certified and non-certified minority businesses. DMA, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that minority businesses have the opportunity to compete for and perform contract work for the DMA in a nondiscriminatory environment.

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.

6.2 Communications

No negotiations, decisions, or actions shall be initiated or executed by the Vendor as a result of any discussions with any State employee. Only those communications that are in writing from the Department’s Procurement Officer identified in subsection 2.3.1 of this ITN shall be considered a duly authorized expression on behalf of the Department. Only written, signed communications from Vendors will be recognized by the Department as duly authorized expressions on behalf of the Vendor.

6.3 Estimated Expenditures

It is anticipated that FSG will expend approximately $8,000,000.00 under any contract resulting from this reply. These estimated figures are given only as a guideline for preparing your reply/proposal and should not be construed as representing actual figures under the contract.

6.4 Qualifications

6.4.1 General - The Vendor must prove to the satisfaction of FSG that their company has actively and normally been engaged in business for the services/items being procured under this solicitation for at least three (3) years of continuous operation. (This shall be demonstrated through references which have been in place at least one (1) continuous year). The Respondent shall have available under their direct supervision, the necessary organization, experience, equipment and staff to properly fulfill all the conditions, requirements, and specifications required under this solicitation.

6.4.2 License, Permits, and Other Charges - The successful Vendor shall pay for any and all licenses, permits, other charges and taxes required for the Contract, and shall comply with all laws, ordinances or other requirements applicable to the work specified during the term of this agreement. For licensing, contact:

Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797 Phone: (850) 487-1395

6.5 Contractor’s Contractual Obligations

The Contractor will be required to ensure that each individual, partnership, firm, corporation or subcontractor that performs on this contract, will be subject to, and comply with, the contractual requirements.

The Contractor shall be fully responsible for all work performed under the Contract. If the awarded Respondent wishes to use subcontractors other than those properly and specifically identified in the subcontracting form submitted with the reply, the awarded Respondent must follow the approval process specified in the Contract. It is the Contractor’s responsibility to ensure that any aspects of the statement of work requiring certification or licensure are performed by duly certified or licensed persons.

Contractor shall provide proof of certification or licensure upon request.

6.5.1 Employment Eligibility Verification: Executive Order 11-02, signed January 4, 2011, by the Governor of Florida, requires contracts to expressly require that Vendor utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of:

a) All persons employed during the Contract term by Vendor to perform employment duties within Florida; and,

b) All persons (including subcontractors) assigned by Vendor to perform work pursuant to this Contract, i.e., the Vendor must require its subcontractors to utilize the E- Verify system for its employees assigned to this Contract.

E-Verify is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States.

There is no charge to employers to use E-Verify. The Department of Homeland Security’s E-Verify system can be found at:

http://www.dhs.gov/files/programs/gc_1185221678150.shtm

Compliance with the requirements of this section is required prior to commencing performance under any Contract issued as a result of this solicitation.

6.5.2 Unauthorized Aliens

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

6.5.3 Liability Insurance

The Vendor shall not commence any work until they have obtained the following types of insurance. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained. The Vendor shall submit the required Certificates of Insurance to the Florida Department of Military Affairs, Directorate of Resource Management, 5629 State Road 16 W, Bldg. #2300, Starke, Florida 32091 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 $100,000.00 per person and $300,000.00 each occurrence, and property damage insurance of at least $100,000.00 each occurrence, for the services to be rendered in accordance with this contract.

All insurance policies shall be with insurers qualified and licensed to do business in the state of Florida. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to DMA/FSG.

DMA/FSG 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.

6.5.4 Preferred Price: The Vendor agrees to submit to the Department at least annually an affidavit from an authorized representative attesting that the Vendor is in compliance with the preferred pricing provision of Section 4(b) of form PUR 1000.

6.5.5 Inspector General Requirements: In accordance with 20.055(5), “It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section.

Beginning July 1, 2015, each contract, reply, proposal, and application or solicitation for a contract shall contain a statement that the corporation, partnership, or person understands and will comply with this subsection.”

6.6 Copyrighted Materials - Copyrighted material will be accepted as part of a reply/proposal only if accompanied by a waiver that will allow DMA/FSG to make paper and electronic copies necessary for the use of DMA/FSG 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.

6.7 Costs Incurred in Responding - This Invitation to Negotiate does not commit the Department or any other public agency to pay any costs incurred by the Respondent in the submission of a reply or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

6.8 Product Delivery, Acceptance and Consequences

Purchase orders will be written with a thirty (30) day delivery requirement based on funding availability throughout the one (1) year contract period. Any items delivered to the Department which do not meet these specifications or that are found to be poorly manufactured, will be deemed defective and will not be accepted by the Department, but will be returned to the contractor at the contractor’s expense, for replacement.

Replacement of any and all items found to be defective will be made without any cost to the Department, including, but not limited to, labor, transportation and fuel. As it may be impossible to inspect all items at the time of delivery, the Department will be afforded a period of five (5) business days to inspect and accept the delivered items.

In the event the product fails to meet the minimum level of acceptance specified above, DMA/FSG will not pay invoices until the product delivery is satisfactorily completed.

6.9 Payment Method

Individual purchase order(s) will be issued against the one (1) year awarded contract.

The purchase order documents provide funding authorization. The Vendor shall submit a separate invoice, for each purchase order, to the attention of the Department’s appointed Contract Manager upon completion of delivery and installation. The invoice shall be submitted in sufficient detail to identify the type of product provided for that delivery, as well as the location, the product was delivered too. The Department’s Project Manager, or their designee, shall be responsible for enforcing performance of the contract terms and conditions and he shall serve as liaison with the vendor and shall review all invoice prices for payment.

Payment shall be made in accordance with 215.422 and 287.0585 of the Florida Statutes, which states the vendors' rights and the State Agency’s responsibilities concerning interest penalties and time limits for payment of invoices. The vendors Federal Employment Identification Number and the Agency’s Contract Number/Purchase Order Number must appear on all invoices. Invoices that must be returned to the Vendor due to preparation errors will result in a delay in payment.

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.

Proposed prices will be firm, net, delivered prices, F.O.B. destination.

6.10 Security Requirements - CBJTC has 24-hour security and entry control procedures. Contractors will be briefed on an as needed basis concerning traffic routing and work site security restrictions. Access Control Rosters for contractors are required and will be obtained prior to the contractor’s initial service date. The names of all the contractor’s employees who will be working at the facility will be listed on the document, which shall be printed on the contractor’s Company letterhead and submitted to the Provost Marshal, or his representative, at the Provost Marshal’s Office which is located inside the Welcome Center at the Main Gate of the facility.

Access Control Rosters are approved by the Provost Marshal. Due to tightened security measures, submit a copy of the vehicle registration and proof of insurance for each vehicle that will be on facility, and also a copy of each individual’s driver’s license. These are required prior to beginning any type of contracted work.

PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY THE NATIONAL

COMMAND AUTHORITY OR OVERSEAS COMBATANT COMMANDER: Due to the instability of world events, there may be times during the performance period of this contract that the contractor might be asked to leave the base during higher threat conditions.

7.0 SELECTION METHODOLOGY

The Department evaluation team will consist of at least three (3) people who collectively have experience and knowledge in the program areas and service requirements to conduct a comprehensive, fair and impartial evaluation of all Replies received in response to this

ITN.

7.1 Reply Evaluation

Replies will be evaluated using the criteria set forth in this section.

Evaluators will not search through the Replies for information that is missing from a section being reviewed, so it is important for the Respondent to carefully follow the ITN organization and content specified in Section 4.0, Reply Content. The Department will attempt to clarify ambiguous or inconsistent information with a clarification request(s). In reply to a clarification request, the Department will not allow or evaluate any information that does not respond directly to the clarification request.

Respondents are responsible for thoroughly reviewing the ITN requirements to ensure that their Replies, and proposed approach, are fully compliant and thereby avoids the possibility of being deemed non-responsive, scored lower, or having zero (0) points assigned to the portion of the Reply that is non-compliant.

The Contract will be awarded to the responsible and responsive Respondent that submits the lowest responsive total cost.

7.2 Evaluation Phase

The Division-appointed evaluation team members will independently review, evaluate, and score the Respondent’s Technical Reply to this ITN. Each Technical Reply will be independently evaluated by each evaluation team member based on the criteria established in Section 7.7 Evaluation Criteria and Scoring of Replies. A Respondent’s Financial Reply will not be provided to the evaluators or considered by the Department during evaluations.

The Procurement Officer will calculate a Respondent’s total final score in accordance with Section 7.7 Evaluation Criteria and Scoring of Replies.

7.2.1 Other Rights for Evaluation

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

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

7.2.1.2 Conceal pricing information from evaluators or provide instructions to evaluators to disregard pricing information in their evaluation of a responsive Reply.

7.3 Negotiation Phase

Pursuant to Section 287.057, F.S., the Department will establish a negotiation team to conduct the negotiations and make (an) award(s) recommendation after determining which Respondent presents the best value to the State of Florida.

The Department will then post its Notice of Intent to Award on the VIP.

7.3.1 Vendor(s) Selected for Negotiations

Negotiations are designed to determine which Respondent and Response will provide the greatest overall benefits…