FSG-RFP-24.25-1018 Fixed-wing Aircraft (1).docx

REQUEST FOR PROPOSAL (RFP)

Fixed-wing Unmanned Aircraft System (UAS)

FSG-RFP-24/25-1018

DIVISION OF THE FLORIDA STATE GUARD TALLAHASSEE, FL 32301

THE STATE OF FLORIDA DEPARTMENT OF MILITARY AFFAIRS

DIVISION OF THE FLORIDA STATE GUARD REQUEST FOR PROPOSAL

FSG-RFP-24/25-1018

Fixed-wing Unmanned Aircraft System (UAS)

ACKNOWLEDGEMENT FORM

Potential Respondent/Respondents shall complete and submit this Reply Acknowledgement Form separately to the Division of the Florida State Guard (Division) office by email at FSGPurchasing@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 MyFloridaMarketPlace Vendor Information Portal (VIP) unless otherwise noticed.

NOTICE PURSUANT TO SECTION 287.057(25), FLORIDA STATUTES

Respondent(s) 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 reply 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

TABLE OF CONTENTS

Attachments:

Attachment A – Statement of Work Attachment B – Vendor References Sheet Attachment C – Drug Free Workplace Program Certification Attachment D – Price Sheet Attachment E – Minimum Qualifications Statement Attachment F – Vendor Certifications Attachment G – Client Past Performance Questionnaire Attachment H – Mandatory Responsiveness Requirements Attachment I – Respondents Checklist

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 MyFloridaMarketPlace 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).

April 167, 2:00 PM EST

Release of Solicitation Electronic Post MyFloridaMarketPlace Vendor Information Portal

April 2110, 5:00 PM EST

April 2317, 5:00 PM EST

April 2518, 2:00 PM EST---

Anticipated post of Department’s Written Response to Respondent(s) Written Questions Electronic Post MyFloridaMarketPlace Vendor Information Portal

April 2921,

FSGPurchasing@floridastateguard.fl.gov

May April 123,

United States: 1-323-705-3193 Access Code: 330 551 252

MayApril 2-522-24, 2025

May 6April 28,

REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

2.0 INTRODUCTION

2.1 Purpose

The Florida State Guard (Division or FSG), under the Department of Military Affairs (Department or DMA), has an essential mission to serve the state of Florida as an Emergency Responderse. To help achieve its mission, the Division intends to purchase up to four (4) Fixed-wing Unmanned Aircraft System (UAS), Group 2 or Group 3 classification, capable of operating Beyond Visual Line of Sight (BVLOS) specifically during and after emergency scenarios. The UAS must collect accurate aerial data suitable for live streaming to command centers, support onboard edge computing capabilities, and comply with all Florida State 60GG-2.0075 UAS minimum security requirements, specifically excluding parts made in countries of concern.

2.2 Terms Delivery (if applicable) of the Fixed-wing Unmanned Aircraft System (UAS) to an arranged location will be designated by the Division and shall be done by the vendor no later than (30) days after the solicitation award, or as mutually agreed upon in writing by both parties.

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

2.1 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Division’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 Procurement Officer

In accordance with section 21 of the PUR 1001: https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respond ents.pdf, the Procurement Officer is the sole point of contact for this RFP. Violation of this restriction may be grounds for rejecting a Response.

The contact information for the Procurement Officer is: Rochelle Reed, Purchasing Manager Department of Military Affairs Division of the Florida State Guard 2600 Blair Stone Road, Bldg. C Tallahassee, FL 32399- 0950 Email: FSGPurchasing@floridastateguard.fl.gov

ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE RFP 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 RFP, the conflict will be resolved in the following order of priority (highest to lowest):

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

· Attachment A – Statement of Work

· Attachment D – Price Sheet

· RFP documentation

· PUR 1001

· All other RFP Forms

3.0 SOLICITATION PROCESS

3.1 General Overview

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

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

3.2 Questions and Answers

Respondent 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 Division requests that all questions have the RFP number in the subject line of the email. Questions should be submitted in following format:

Questions will not constitute a formal protest of the specifications of this RFP. Responses to all written inquiries, as well as clarifications or addenda, if any, will be made through a posting on VIP.

3.3 Addenda to the Solicitation

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

Respondents are not authorized to make any changes to the RFP, including forms or attachments that it submits in its proposal, unless otherwise specified. Making such modifications may be grounds for deeming the Respondent non-responsive.

3.4 Public Opening

A public opening, of all received proposals, will be conducted at the time, date, and location specified in Section 1.0, Calendar of Events. Respondents are not required to attend. The Division does not announce prices or release other materials at this public meeting, in accordance with Section 119.071(1)(b), F.S.

3.5 Contract Formation

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

The Division intends to enter into a Contract(s) with a Vendor(s) pursuant to the Basis of Award section of this RFP. No additional documents submitted by a Respondent will be incorporated in the PO unless it is specifically identified, incorporated by reference, and approved by the Division. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the Basis of Award. The General Contract Conditions to Respondents (PUR1000, 2006 version) are also incorporated into the Contract by referenced and can be accessed at: http://dmsmedia.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%2 0Respondents.pdf.

By submitting a proposal, the Respondent acknowledges it’s 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 Division as part of the Proposal becomes the exclusive property of the State of Florida and will not be returned to the Respondent.

3.7 Clarification Process

The Division may request clarification from the Respondent for the purpose of resolving ambiguities or questioning information presented in its Proposal. Clarifications may be requested throughout the RFP process. The Respondent’s answer(s) to any requests for clarification must be in writing and must address only the information requested. The Respondent’s answer to requested clarifications must be submitted to the Division within the time specified by the Division in the request.

3.8 Modifications or Withdrawal of Proposal

Respondent(s) is responsible for the content and accuracy of their Proposal(s). A Respondent may modify or withdraw its Proposal in MFMP Sourcing at any time prior to the Proposal due date and time set forth in Section 1.0, Calendar of Events, of this RFP. A Proposal may be withdrawn by notifying the Procurement Officer in writing before the Proposal opening.

3.9 Diversity Commitment

The State is committed to supporting its diverse business population through involving woman-, veteran-, and minority-owned businesses enterprises in the state’s purchasing process. The Division supports diversity in its procurements, and requests that all subcontracting opportunities afforded by this solicitation be shared with certified woman- , veteran-, and minority-owned business enterprises. The award of subcontracts should reflect the vast array of citizens in the State. Respondents can search for certified businesses online at the Office of Supplier Diversity’s Certified Vendor Directory or by contacting 850-487-0915 for information on certified businesses that may be considered for subcontracting opportunities. The Certified Vendor Directory is accessible at https://vendor.myfloridamarketplace.com/search/vendor.

The Office of Supplier Diversity’s Mentor- Protégé Program connects certified businesses with private business entities for business development mentoring. The Division strongly encourages Vendors doing business with the State to consider becoming a Mentor and participating in the initiative. More information on the Mentor- Protégé Program may be obtained by contacting the Office of Supplier Diversity at 850-487-0915 or osdinfo@dms.fl.gov.

4.0 GENERAL AND SPECIAL INSTRUCTIONS

4.1 General Instructions

The PUR1001, General Instructions to Respondent(s) (2006 version), is incorporated by reference and can be accessed at: : http://dms- media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructio ns% 20to%20Respondents.pdf

4.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated PUR 10101.

Paragraphs 8 and 13 of PUR 1001 are inapplicable in its entirety and are hereby deleted. Paragraphs 3, 4, 5, 7, 9, 14, 15, 19, and 20 of the PUR 1001 are deleted and are replaced as follows:

3. Electronic Submission of Proposals. Proposals shall be submitted in accordance with Section 4.3 of this RFP, How to Submit a Proposal.

4. Terms and Conditions. All Proposals are subject to the terms of this RFP, which in case of conflict, shall have the order of precedence listed in Section

2.35 of this RFP, Order of Precedence for Solicitation.

5. Questions. Questions shall be submitted in accordance with Section 3.2 of this RFP, 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 bid on a contract to provide any goods or services to a public entity; may not submit a reply, proposal, or bid 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 bids 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 place on the Convicted Vendor’s List.

b. Discriminatory Vendor List Pursuant to Section 287.136, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a reply, proposal, or bid on a contract to provide any goods or services to a public entity; may not submit a reply, proposal, or bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit a reply, proposal, or bide on leases of real property to a public entity; may not be awarded or perform work as a contractor, suppliers, 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 bid for any new contract to provide any goods or services to a public entity; may not submit a reply, proposal, or bid 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 bid 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.

9. Respondent’s Representation and Authorization. In submitting a proposal, the Respondent certifies that it understands, represents, and acknowledges the following:

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

b) The Respondent currently has no delinquent obligations to the State, including a claim by the State or liquidated claims 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 consolation, 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) Pursuant to section 287.133(1)(a), F.S., the Respondent has fully informed the Division in writing of all convictions of the firm, its affiliates, and all directors, officers, 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 it 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 or, 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 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.

i) The Respondent shall indemnify, defend, and hold harmless the Division 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 it’s Proposal.

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

k) By submitting it’s Proposal, the Respondent agrees to waive any objections to requirements contained in the solicitation, including any addenda thereto.

The Division 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 Division may make an award within 120 days after the date of the opening, during which period Proposals shall remain firm and shall not be withdrawn. If the award is not made within 120 days, the Proposal shall remain firm until the Division enters into a Contract or the Division receives from the Respondent written notice that the Proposal is withdrawn.

15. Clarifying Information. The Division may request, and Respondents shall provide, clarifying information or documents. 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 Chapter 119, F.S. governs what qualifies as a public record. The entirety of any Proposals submitted will be classified as public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of it’s Proposal to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Division with a separate, redacted copy of it’s Proposal. 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 its 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 119.071, F.S., Proposals are exempt from production in response to public records requests until such time as the Division provides notice of an intended decision or until 30 days after opening the Proposals, whichever is earlier. After that time, the Division will provide the redacted copy, if any, in response to a public record request.

If the Division becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Division will give the Respondent notice of the demand or request. It will be Respondent's responsibility to take 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 Division will provide the unredacted materials to the requester.

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

20. Protest. 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 proceeding under Chapter 120, Florida Statues. 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.

If the Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the RFP process, please contact the Custodian of Public Records at:

Division of the Florida State Guard Attn: Paul Walker 2601 Blair Stone Road Tallahassee, FL 32301 Paul.walker@floridastateguard.fl.gov Phone: (904) 495-1108

Division of the Florida State Guard Attn: Paul Walker 2601 Blair Stone Road Tallahassee, FL 32301 Email:

HYPERLINK "mailto:paul.walker@floridastateguard.fl.gov"paul.walker@floridastateguard.fl.gov Phone: (904) 495-1108

4.3 How To Submit a Proposal

4.3.1 MFMP Registration

The 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 to Proposal to this solicitation event.

4.3.1.1 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 Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

4.3.1.2 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 an email after selecting “Intends to Patriciate” in VIP. The Vendor must follow the registration wizard to fill in the required sections, read, and agree to the MFMP terms to 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.

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

a. Log onto 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 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 be completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement

All electronic documents should be searchable to the fullest extent practicable. Proposals that are not timely submitted as specified shall be deemed non-responsive.

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

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

ALL VENDORS MUST SELECT “INTENDS TO PARTICIATE” 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 PARTICIPAT IN THIS SOLICAITON.

5.0 PROPOSAL CONTENT

The Respondent must submit one (1) electronic Proposal by the date and time specified in Section 1.0, Calendar of Events. The Division will only consider electronic Proposals submitted through the Business Network. Vendors must join MFMP event in VIP to be able to submit a Proposal. The Division will not consider late Proposals.

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 Proposal. The only recognized changes to this RFP prior to opening of the Proposals will be by written amendments issued by the Division.

In accordance with Section 287.057(1)(b)3. F.S., a Respondent who has submitted a response to this Request for Proposal (RFP) that fully conforms in all material respects to all of the RFP’s requirements, including all form and substance, may be deemed by the Division as responsive and responsible.

All Proposals and associated forms shall be included as a standalone document in the applicable Tab stated below. Respondents shall submit provided documents in the file format they are received and shall not alter any portion of the documents except as necessary to provide the requested information. Proposals that fail to include all required information shall be deemed non-responsive. The following sections of the Proposal shall be submitted in accordance with Section 4.3, How to Submit a Proposal, of this RFP:

· TAB ONE: Transmittal Letter

· TAB TWO: Technical Proposal

· TAB THREE: Administrative Qualification Documents

· TAB FOUR: Price Proposal

5.0.1 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 RFP, with including the following information:

· Company name and physical address

· Contact information for primary point of contact, including telephone number and email address

· Federal Employer Identification Number (FEIN)and

· Title and number of this RFP

5.0.2 TAB TWO – Technical Proposal

· Table of Contents: This should be for the entire RFP. Using the description of work outlined in Statement of Work (Attachment A) and Requirements, Respondents should prepare their solicitations in the order outlines, below with the sections tabbed for ease of identification and review.

· Respondent’s proposal in compliance with Statement of Work (Attachment A)

5.0.3 TAB THREE – Administrative Qualifications Documents

· Vendor Reference Sheet: Respondent(s) must list a minimum of three (3) separate and verifiable clients. Confidential clients must not be included. The Respondent much 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 division reservices the right to obtain and utilize references not provided by the Respondent. (Attachment B)

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

· Minimum Qualifications Statement: Respondent(s) 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)

· Client Past Performance Questionnaires: The Respondent shall list all business names under which has operated during the past three (3) years. (Attachment G)

· Mandatory Responsiveness Requirements: All the requested information must be confirmed and signed. (Attachment H)

5.0.4 TAB FOUR – Price Proposal

· The Respondent shall submit a completed Attachment D – Price Sheet as described in the General Instructions of Attachment D – Price Sheet, in accordance with the Instructions of the Price Sheet – Attachment D and Section 5.0, Proposal Content of this RFP.

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

· Failure to provide Attachment D – Price Sheet, with complete pricing information, will result in the Respondent’s Proposal being deemed non- responsive and disqualify such proposal from further consideration.

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

· Each Respondent shall use the form provided as the Price Sheet – Attachment D, to provide fixed price rates for the services requested in this solicitation. All price sheet calculations will be verified for accuracy by the Division. If mathematical error(s) in a Respondent’s price sheet(s) calculations are identified, unit prices submitted by the Respondent will be used to determine the total price for that Respondent. Any qualifications, Counter offers, deviations or challenges shall render the Proposal 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.

5.1 Redacted Submissions

This Section 5.1, Redacted Submission, supplements paragraph 19 of the PUR 1001 as modified in Section 4.2, Special Instructions, above. All materials submitted as part of this RFP 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 Proposals

Each Respondent shall submit a Proposal that meets all material requirements of this RFP. The Division will review Proposals to determine the material requirements as outlined in this RFP. The Division seeks to maximize competition and reserves the right to seek clarification from Respondent to obtain non-material information to complete a responsive review. Failure of a Respondent to provide the required information may cause a Respondent to be deemed non-responsive and therefore be disqualified from further consideration.

Proposals found to be non-responsive will not be considered for award, unless at the Division’s discretion. The Division reserves the right to reject any and all proposals and to re-solicit if in the best interest of the Division.

Non-Responsive Proposals 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.

Respondents are responsible for thoroughly reviewing the specifications of this RFP.

The Division 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 Respondent(s) a substantial or unfair advantage over other Respondents. At its sole discretion, the Division may request a Respondent to provide clarifying information or additional materials to correct a minor irregularity.

However, the Division will not request, and the Respondent shall not provide additional materials that affect the price of the Proposal or give the Respondent and advantage or benefit not provided to all responding Respondents.

5.3 Florida Substitute From W-9 Process

It’s 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 Services (IRS) receives and validates the information provided on the Florida Substitute Form W-9. For instructions of how to complete the Florida Substitute Form W-9, please visit: https://flvendor.myfloridacfo.com/casappsp/cw9hform.shtml.

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, Proposal Content, of this RFP.

In the even the Division receives a Price Sheet containing illegible pricing or a mathematical error(s), the Division reservices 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 Drug-Free Workplace Program Certification

The State supports and encourages initiatives to keep the workplaces of Florida’s suppliers and vendors drug-free. Section 287.087, Florida Statues, provides that, where identical tie Proposals are received, preference shall be given to a Proposal received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, the Respondent shall sign and submit Form 5 (Durg-Free Workplace Certificate) to certify that the Vendor has a drug-free workplace program. The Respondent shall describe how it will address the implementation of drug-free workplace in offering the items of Proposal.

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

6.0 SPECIAL CONDITIONS.

6.1 Minority Business Enterprise (MBE) Utilization

DMA and FSG encourages the recruitment and utilization of certified and non- certified minority businesses. DMA, FSG, 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 FSG in a nondiscriminatory environment.

6.2 Communications

No negotiations, decisions, or actions shall be initiated or executed by the Respondent as a result of any discussions with any State employee. Only those communications that are in writing from the Division’s Procurement Officer identified in subsection 2.4 of this RFP shall be considered a duly authorized expression on behalf of the Division. Only written signed communications from Respondents will be recognized by the Division 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 Proposal. These estimated figures are given only as a guideline for preparing your Proposal and should not be construed as representing actual figures under the contract.

6.4 Qualifications

6.4.1 General – The Respondent 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 (2) years of continuous operation. (This shall be demonstrated through reference 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 Respondent shall pay for any and all license, permits, other charges and taxes required for the Contract, and shall comply with the 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 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 to 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.

6.5.1 Unauthorized Aliens

The employment of unauthorized aliens by any respondent is considered a violation of8 U.S.C. 1324a - Immigration and Nationality Act. If the respondent knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract.

Inspector General Requirements: In accordance with 20.055(5), F.S. it is the duty of every state officer, employee, agency, special district, board, commission, respondent, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. Any vendor submitting a bid under the terms of this RFP will comply with this subsection.

6.6 Copyrighted Materials

Copyrighted materials will be accepted as part of a Proposal only if accompanied by a waiver that will allow DMA and FSG to make paper and electronic copies necessary for the use of DMA and 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 material will not be provided to the public.

6.7 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 Division 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 Division, but will be returned to the vendor at the vendor’s expense, for replacement.

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

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

6.8 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 Division’s appointed Contract Manger 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 Division’s Contract Manager, or their designee, shall be responsible for enforcing performance of the contract terms and conditions and he/she shall serve as liaison with the vendor and shall review all invoice prices for payment.

The Vendor shall submit a properly completed invoice to the Division’s Contract Manager no later than the 15th day of the month following the month during which the drones are delivered and accepted by the Division and for which payment for the drones is requested.

The prospective Vendor must submit the final invoice for payment to the Division no more than forty-five (45) days after acceptance of the final deliverable by the Division or the end date of this contract, whichever occurs last. Any payment due under the terms of this Contract may be withheld or, in the instance of underperformance, reduced in accordance with the amount of underperformance. Additionally, all applicable deliverables and invoices due from the Vendor as well as any necessary adjustments must be approved by the Division.

The invoice shall include, at a minimum:

a. Documentations detailing deliverables completed during the preceding month and a unit cost for each.

b. The time period in which deliverables were completed.

c. Total invoice amount.

d. The Vendor’s invoice number and invoice date.

e. Vendor’s name, address, and phone number, and

f. The Division’s Contract or Purchase Order number

Invoices returned to a Vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Division.

Payment shall be made in accordance with 215.422 and 287.0585 of the Florida Statues, which states the vendor’s rights and the State Agency’s responsibilities concerning interest penalties and time limits for payment of invoices. The vendor’s 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.

Compensation will be paid as indicated in Attachment D – Price Sheet.

1) The Division will pay the prospective Vendor upon the completion and acceptance of the deliverables, as outlined in this Statement of Work, Section 12, Deliverables.

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/casappsp/cw9hform.shtml to receive payments from the state. Contact with DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions.

In accordance with section 287.0582, F.S. the state of Florida’s performance and obligation to pay under any contract resulting from this RFP is contingent upon an annual appropriation by the Legislature.

The state of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchase4d under the terms of the contract.

Vendors are encouraged to accept payments for work performed under the contract by receiving Direct Deposit. To enroll in the State of Florida’s Direct Deposit System, the Vendor must complete a direct deposit form by contacting the Florida Department of Financial Services, Bureau of Accounting, Direct Deposit Section at (850) 413-5517 or DirectDeposit@MyFloridaCFO.com.

The Vendor shall return to the Division any overpayments due to unearned funds or funds disallowed pursuant to the terms and conditions of the contract that were disbursed to the Vendor by Division. The Vendor shall return any overpayment to the Division within forty (40) calendar days after either the discovery by the Vendor or its independent auditor, or notification by the Division, of the overpayment.

Proposed prices will be firm, net, delivered prices, F.O.B. destination (the seller is responsible for the goods until they reach the buyer’s location).

7.0 SELECTION METHODOLOGY

The Division’s evaluation team will consist of at least three (3) persons who collectively have experience and knowledge in the program areas and service requirements to conduct a comprehensive, fair, and impartial evaluation of all Proposals received in response to this RFP.

A Contract(s) will be awarded to the responsible and responsive Respondent Selection with the highest-ranking responsive proposal that is determined to be in the best interest of the State.

a. Responsible Respondent – Respondent who has the capability in all respects to perform the requirements of this RFP and the subsequent awarded contract may be deemed responsible. In order for a Respondent to be deemed by the Division as responsible, the Respondent must meet all the following criteria:

i. Has submitted a demonstrated history of satisfactory performance; and

ii. Maintains an “active” registration in SunBiz (Sunbiz.org) with the Division of Corporations at the Florida Department of State or agree to attain such registration no later than seven (7) days after notice of award.

The Division (FSG) reserves the right to award a Contract to the responsible and responsive Respondent that submits the Proposal with the next highest-ranking responsive proposal if the Division cannot execute a Contract with the awarded Respondent.

7.1 Proposal Evaluation

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

The Division will attempt to clarify ambiguous or inconsistent information with a clarification request(s). In reply to a clarification request, the Division will not allow or evaluate any information that does not respond directly to the clarification request.

The Division reserves the right to utilize sources other than those supplied by the Respondent to obtain additional information regarding the Respondent’s capability of fully performing the subsequent awarded contract,…