FWC 22.23-72 CWD Communication.pdf
PDF 604 KB Posted
- Solicitation number
- RFP-04387
- Issued by
- Leon County, Florida
About this file
This document is a Request for Proposal (RFP) from the Florida Fish and Wildlife Conservation Commission (FWC) for advertising, media planning, and buying services to reach stakeholders with critical outreach and safety messages regarding Chronic Wasting Disease (CWD). The intent is to obtain competitive responses that enable FWC to effectively communicate with stakeholders. Responses are due by April 6, 2023 at 2:30 PM ET. The initial contract term is one year, with the option to renew for an additional one-year period.
The FWC has an estimated budget of $208,000 for this project. The selected vendor must be registered in MyFloridaMarketPlace (MFMP) and with Sunbiz prior to the bid opening. The FWC encourages participation from certified minority-owned, woman-owned, and service-disabled veteran business enterprises. The successful vendor will be responsible for all aspects of media planning, buying, and placement, as well as providing post-placement analysis and reporting.
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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
1875 ORANGE AVE E
TALLAHASSEE, FL 32311-6160
(850) 488-6551
REQUEST FOR PROPOSALS
FWC 22/23-72
IMPROVING CHRONIC WASTING DISEASE (CWD) EDUCATIONAL OUTREACH
RESPONDENT ACKNOWLEDGEMENT FORM
Purpose: The intent of this RFP is to obtain competitive responses for advertising, media planning and buying services enabling the FWC to reach stakeholders with critical outreach and safety messages regarding CWD, per the specifications contained herein. Only responsive and responsible Respondents will be considered for award of this
RFP.
Responsive: To be responsive, a response must constitute a definite, firm, unqualified and unconditional offer to meet all the material terms of this RFP. Material terms are those that could affect the price, quantity, quality, or delivery.
Also included as material terms are those which are clearly identified in this RFP and which, for reasons of policy, must be complied with at risk of response rejection for non-responsiveness.
Non-Responsive: Any submission that does not comply with this RFP in any way, does not contain all the properly signed forms, supplements or deviates from the RFP requirements or has an incomplete Cost Sheet may be considered nonresponsive at the discretion of Procurement Manager.
Responsible Companies: The Commission shall only consider responsible companies. Responsible companies are those that have, in the sole judgment of the Commission, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The Commission may also consider references and quality to determine the responsibility of the Respondent. The Commission reserves the right to use any information, whether supplied through the Respondent’s submission or otherwise obtained, in determining responsibility.
Rejection of Reponses: The Commission reserves the right to reject any and all responses and to waive any minor irregularity in the submissions received in response to this RFP. The Commission reserves the right to consider all information, whether submitted or otherwise, to determine responsiveness and responsibility and to reject responses accordingly.
Name of Business: _____________________________________________________________________________________________________
Contact Person Name: _________________________________________________________________________________________________
Business Address: _____________________________________________________________________________________________________
City: ____________________________ State: _____________________________ Zip code: ______________________________________
Phone: ____________________________ Fax: _______________________________ Email: ______________________________________
Federal Employer Identification Number: _____________________
I certify that this RFP response is submitted without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same professional services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this RFP and certify that I am authorized to sign this acknowledgement for the Respondent.
Authorized Signature (Manual): ________________________________________________________________________________________
Authorized Signature Name (Typed) and Title: ___________________________________________________________________________
Date: __________________________________________
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 2 of 52
CALENDAR OF EVENTS
FWC 22/23-72
SCHEDULE DUE DATE METHOD
RFP Advertised February 27, 2023 Posted on the Vendor Information Portal (VIP)
Deadline for Questions
Must be received PRIOR to:
March 13, 2023
@ 5:00 PM ET
See Deadline for Questions Clause
Anticipated date for Responses to Written Questions March 20, 2023 Posted on the Vendor Information Portal (VIP)
SEALED RESPONSE DUE
(REMEMBER: RFP number should be clearly marked on envelope)
Must be received PRIOR to:
April 6, 2023
@ 2:30 PM ET
Mailing Address:
Florida Fish & Wildlife Conservation Commission Attn: Purchasing 1875 Orange Ave E Tallahassee, Florida 32311-6160
Submissions are due BEFORE the date and time of the public opening.
Public Response Opening April 6, 2023
@ 2:30 PM ET
Public Opening Location:
1875 Orange Ave E Tallahassee, FL 32311-6160
-Teleconference- Conference call phone number: 1.888.585.9008 Conference room number: 218-721-199
Evaluation Period From
April 13, 2023 to
May 8, 2023
Florida Fish & Wildlife Conservation Commission
Anticipated Date of Intended Award May 15, 2023 Posted on the Vendor Information Portal (VIP) https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 3 of 52
GENERAL CONDITIONS
FWC 22/23-72
The Florida Fish and Wildlife Conservation Commission’s (FWC or Commission) mission is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six (6) major programs including habitat and species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research.
A Respondent submitting a response shall be registered in the MyFloridaMarketPlace (MFMP) system and, where required, the Sunbiz system prior to the RFP opening. Business entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability Companies (LLC), Limited Partnerships (LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing business under a fictitious name (DBA). A Respondent may not be considered for an award if not registered in the MFMP and Sunbiz system. The Respondent’s registration address and federal employer identification (FEID) number should match the Respondent’s address and FEID number listed on the Respondent Acknowledgment form (page 1).
Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Diversity, are encouraged by the Commission to participate in the bidding process.
Response from Respondent shall include all necessary equipment to complete the job. The Respondent is required to supply all specified documentation when submitting a response for this project.
Please note:
• The terms “Contract,” “Agreement” and “Purchase Order” are used interchangeably in the document.
• The terms “Commodities” and “Goods” are used interchangeably in the document.
TERMS AND CONDITIONS
PUR 1000 and PUR1001 are hereby incorporated by reference. PUR1000 and PUR1001 can be found at the Department of Management Services website at the following link:
https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purc hasing_pur_forms
The following terms and conditions take precedence over the PUR1001 and PUR1000 forms where applicable. The Commission objects to and shall not consider any additional terms or conditions submitted by a Respondent or Contractor, including any appearing in documents attached as part of a Respondent’s response. In signing and submitting its response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response.
The terms and conditions of Attachment A, Purchase Order Terms and Conditions, are hereby incorporated into this solicitation. Any contract resulting from this solicitation will include the terms and conditions of this solicitation and the terms and conditions contained in Attachment A.
https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 4 of 52
PROCUREMENT MANAGER
Ashley Strickland Ashley.Strickland@MyFWC.com
ESTIMATED BUDGET
The Commission has an estimated budget for this project of $208,000.00.
TERM
The contract will be effective one year upon issuance of Purchase Order.
If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor may request in writing an extension of Completion Date. The Project Manager and Contract Manager will review the extension request and if they determine it is justified, will forward to the Bid Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.
RENEWAL
The Commission has the option to renew this Contract for a period of one (1) year after the initial Contract period upon the same terms and conditions contained herein. Pursuant to Sections 287.057(1)(a)2., and 287.057(1)(a)3., Florida Statutes, each Contractor shall supply a price for each year that a contract may be renewed. Evaluation of responses shall include consideration of the total cost of the contract, including the total cost for each renewal year, as submitted by the Contractor.
Exercise of the renewal option is at the Commission’s sole discretion and shall be conditioned, at a minimum, on the Contractor’s satisfactory performance of this Contract and is subject to the availability of funds. The Contractor, if it desires to exercise this renewal option, will provide written notice to the Commission no later than thirty (30) days prior to the Contract expiration date. The renewal term shall require written approval from the Commission’s Procurement Manager.
SUBCONTRACTS
Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. The Subcontractor Status Report (Attachment B) shall be submitted with each invoice for payment. The List of Subcontractors (Attachment C) shall be included with response submission.
DIVERSITY
The Commission is committed to supporting Florida’s diverse business industry and population through ensuring participation by minority, women, and veteran-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority, women, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage contractors doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.
FWC encourages diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State of Florida. Bidders can visit the Office of Supplier Diversity website for information on certified business enterprises that may be considered for subcontracting opportunities.
mailto:bidrequest@myfwc.com?subject=Extension%20Request https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program mailto:osdinfo@dms.myflorida.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 5 of 52
VERBAL INSTRUCTION PROCEDURE
Respondents may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Respondent as a result of any discussion with any Commission employee. Only those communications from the Commission that are in writing may be considered as a duly authorized expression on behalf of the Commission.
DEADLINE FOR QUESTIONS
Any questions from Respondents that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager identified below. Questions must be received no later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the Respondent to confirm receipt of questions if needed.
If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal.
LIMITATION ON RESPONDENT CONTACT DURING SOLICITATION PERIOD
Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, (note the 72-hour posting period excludes 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 Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.
RESPONDENT SPECIFICATION INQUIRIES
If the specifications of this Request for Proposal (RFP) could restrict potential Respondent competition, the Respondent has 72 hours within which to request to the Commission that the specification(s) be changed.
The Procurement Manager must receive the written request within 72 hours after the posting date of the
RFP.
Requested changes to the Commission’s specifications shall include the Respondent’s concerns regarding restricting competition, provide detailed justification, and provide recommended changes to the specification(s). A Respondent’s failure to request changes by the prescribed date and time shall be considered to constitute the Respondent’s acceptance of the Commission’s specifications.
The Commission shall determine what change(s) to the RFP is acceptable to the Commission. If accepted, the Commission shall issue an addendum reflecting the change(s) to the RFP, which shall be posted to the Vendor Information Portal.
It is up to the Respondent to ensure that everything is included as required by the Commission’s Purchasing Office. It is not the Commission’s responsibility to mail or fax any forms to a potential Contractor. Response packet information may also be requested from the Commission’s Purchasing Section by calling (850) 488- 6551. Please have solicitation number and Respondent information available when requesting any information.
ADDENDUMS
If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Respondent questions during the solicitation period, an addendum shall be posted on the Vendor Information Portal website. Each Respondent is responsible for monitoring the Vendor https://vendor.myfloridamarketplace.com/
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 6 of 52
Information Portal for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a Respondent’s failure to obtain the information made available through the Vendor Information Portal.
ECONOMY OF PRESENTATION
Each response shall be prepared simply and economically, providing a straightforward, concise delineation of Respondent’s capabilities to satisfy the requirements of this RFP. Elaborate binding, colored displays, and promotional materials are not required. However, examples of services provided may be included as attachments to the response. Emphasis in each response must be on completeness and clarity of content.
To expedite the evaluation of responses, it is essential that Respondents follow the format and instructions contained herein. All costs associated with preparing a response to this RFP is the sole responsibility of the Respondent.
RESPONDENT ACKNOWLEDGMENT
For this response to be considered responsive, the Respondent Acknowledgement Form (page 1) must be completed in its entirety, signed by the Respondent and returned as part of the response. Otherwise, the response will be deemed non-responsive. By affixing your signature to the Respondent Acknowledgement Form, the Respondent hereby states that the Respondent has read all response specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the State of Florida, if required by State or Federal Law, for the services or commodities the Respondent will provide the Commission under these response specifications.
REFERENCES
Each prospective Respondent shall provide a minimum of three (3) references for similar projects completed. Current contact names and phone numbers shall be included with the solicitation package. See attached reference form for more detail.
MANDATORY RESPONSIVENESS REQUIREMENTS FOR RESPONSE SUBMISSION
Response submission should be organized as follows:
TAB A. Respondent Acknowledgment Form (Mandatory) The Respondent shall complete and submit the Respondent Acknowledgment Form (page 1) in its entirety and return the form as part of the RFP response or the response shall be deemed non-responsive.
TAB B. Respondent Approach (Mandatory) The Respondent shall complete and submit the /Approach/Demonstration of Understanding components of the Respondent Approach as outlined below. The Respondent Approach shall be completed in its entirety and returned as part of the RFP response, or the response shall be deemed non-responsive.
1. Demonstration of Understanding and Project Approach Respondents shall submit a response detailing how the tasks identified in this RFP will be accomplished and explain why the Respondent is most qualified to provide these services.
The response shall include an overview of the proposed approach and demonstrate an understanding of FWC’s goals and objectives. Responses should include innovative ideas for accomplishing the tasks in the Scope of Work. Example of the proposed plan, prescription formats, and economic analyses should be included. “A la carte” pricing based on the proposed plan components should be included. Vendors shall also include the following:
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 7 of 52
a. Approach or plan for providing deliverables:
Vendor shall propose a methodology for producing the plan. The methodology should demonstrate an understanding of the project and its objectives.
b. Proposed plan:
List proposed plan elements, organization and content (include examples and/or templates). The plan must include a description of the media outlets to be used for disseminating messaging. Elements should include, but are not limited to, those listed below in the Scope of Work.
TAB C. Subcontractor Minority Status Report – Attachment B
TAB D. List of Subcontractors – Attachment C
TAB E. Experience (Mandatory) — Attachment D The Respondent shall complete and submit the Experience form, enclosed herein, which should include a chronological list of Respondent experience, a description of the services provided for each operation, and duration of each project. The Experience form shall be completed in its entirety, and returned, as part of the RFP response or the response shall be deemed non-responsive.
TAB F. Sample Media Buy (Mandatory) The Respondent shall complete and submit a Sample Media Buy. The Media Buy Plan shall be completed in its entirety and returned as part of the RFP response, or the response shall be deemed non-responsive.
TAB G. References (Mandatory) — Attachment E The Respondent shall complete and submit the References form enclosed herein, to provide a minimum of three (3) references for similar projects completed. Current contact names, phone numbers and email addresses shall be given. This information shall be provided on the Reference Form, enclosed herein, and submitted with the response. The References form shall be completed in its entirety and returned as part of the RFP response, or the response shall be deemed non-responsive.
TAB H. Cost Sheet (Mandatory) — Attachment F
TAB I. Addendum (if applicable)
CONFIDENTIALITY/PUBLIC RECORDS LAW
Respondents are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records (e.g., section 119.07, F.S.). If a Respondent considers any portion of the documents, data or records submitted in their Response to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Respondent must mark the document as “Confidential.” The Respondent shall also provide the Commission with a separate PDF redacted copy of its Response and briefly describe in writing the grounds and specific legal citations for claiming exemption from public records law. This redacted copy shall contain the Commission’s solicitation name, number and the Respondent’s name on the cover and shall be clearly titled “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims is confidential, proprietary, trade secret or otherwise not subject to public disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 8 of 52 authority. If after the notice of intended decision or thirty (30) days after response opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide the Redacted Copy to the requestor. If the Respondent fails to properly indicate any material enclosed in their Response is confidential, the Commission is authorized to produce documents, data or records in their entirety as submitted to the Commission in answer to a public records request. The Commission will endeavor to provide notice to the Respondent of all public records requests received related to documents provided by the Respondent that were marked pursuant to this paragraph. In no event shall the Respondent hold the Commission or any of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality of information submitted in response to this solicitation.
MAILING INSTRUCTIONS
The Contractor shall submit one (1) original and four (4) separate electronic copies (on flash drive) of their response in a SEALED ENVELOPE addressed to:
Florida Fish and Wildlife Conservation Commission Attn: Purchasing 1875 Orange Avenue East Tallahassee, Florida 32301
The envelope shall be plainly marked on the outside with: SOLICITATION NUMBER, DATE AND TIME
OF THE RESPONSE OPENING.
THE COMMISSION IS NOT RESPONSIBLE FOR THE OPENING OF ANY ENVELOPES THAT ARE NOT PROPERLY
MARKED.
PLEASE NOTE: The Commission’s official business hours of operation are 8:00 AM–5:00 PM ET, exclusive of Saturdays, Sundays and state holidays. Selecting delivery services, such as next day first delivery, may result in attempted delivery prior to opening or closing, and the Commission will not be available to accept those deliveries. THE COMMISSION IS NOT RESPONSIBLE FOR LATE SUBMISSIONS DUE TO COMPLICATIONS
RELATED TO SELECTED DELIVERY SERVICES.
SOLICIATION PUBLIC OPENING
The public opening of this RFP will be conducted at the date, time and method specified in the Calendar of Events (Page 2). RESPONSES RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE
REJECTED.
Any person with a qualified disability shall not be denied equal access and effective communication regarding any response documents or the attendance at any related meeting or response opening. If accommodations are needed because of a disability, please contact the Purchasing Section at (850) 488-6551 at least three (3) workdays prior to the opening.
SELECTION AND EVALUATION OF RESPONSES
An evaluation committee consisting of three (3) Commission representatives with collective knowledge and experience related to the solicitation’s program area will independently evaluate and score each Respondent’s response. The Evaluation Criteria Scoring Sheet (Attachment G) will be used by the evaluation committee to assign scores to all evaluated responses designated as responsive.
Scores will be averaged for all evaluation committee members and ranked by the highest to lowest average score. Respondents must score at least 75 points per work type to be considered for award.
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 9 of 52
GENERAL EVALUATION CRITERIA
General evaluation criteria include the following:
1. The Commission reserves the right to accept or reject any or all responses received and reserves the right to make an award without further discussion of the responses submitted. Therefore, responses should be initially submitted as outlined in the Mandatory Responsiveness Requirements for Response Submission and Economy of Presentation sections.
2. Non-responsive responses shall include, but are not limited to, those that:
a. are irregular or are not in conformance with the requirements and instructions contained herein;
b. fail to utilize or complete prescribed forms; or
c. have improper or undated signatures.
3. The Commission may waive minor irregularities in the responses received that are merely a matter of form and not substance, and the corrections of which are not prejudicial to other respondents.
A NON-RESPONSIVE RESPONSE WILL NOT BE CONSIDERED.
EVALUATION SCORING FACTORS
Scoring criteria include:
The following is a summary of evaluation factors with point value assigned to each. These, along with the general requirements, will be used in the evaluation of Respondent responses.
EVALUATION FACTOR MAXIMUM POINTS AVAILABLE
Understanding & Approach 50 Experience 22.5 Sample Media Buy 10 References 7.5 Cost 10
TOTAL: 100
Points will be awarded on the basis of the following evaluation factors:
1. Understanding of Needs and Approach (50 points) Portfolio will be evaluated upon an understanding of planning strategies and the need for diverse media platforms to disseminate Outreach products.
2. Portfolio-Experience (22.5 points) Portfolio experience will be evaluated upon prior experience with this type of work as outlined in the RFP.
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 10 of 52
3. Portfolio- Sample Media Buy (10 points) The Sample Media Buy will be evaluated based upon review of documents requested. The Sample Media Buy should exemplify knowledge of the process, realistic pricing and multiple types of media.
4. References (7.5 points) References will be evaluated based on client feedback of the respondents understanding of their project and project execution.
5. Cost (10 points) The evaluation of each Respondent’s cost proposal will be conducted based on the cost formula below.
The Respondent submitting the lowest cost will receive the maximum points for the cost element of the evaluation. The other respondent's scores will be based on a relative percentage of the dollar amount higher than the lowest cost or price submitted by the lowest priced Respondent.
Formula for Cost Factor:
𝐴𝐴 ÷ 𝑁𝑁 × (𝐵𝐵) = 𝐶𝐶
A = Lowest total proposed cost (including renewals) N = Proposed cost for Respondent under review B = Number of maximum points awarded for lowest response C = Score awarded to next lowest cost
NOTE: Each evaluator independently chooses the score based on their own judgment. Failure of the Respondent to provide any of the information required in their RFP response should result in a score of zero (0) for that element of the evaluation.
POSTING OF RESPONSE TABULATION
Response Tabulation, with recommended award, will be posted electronically as Agency Decisions on the Department of Management Services Vendor Information Portal as a Public Notice. The Agency Decision may be viewed on the Vendor Information Portal, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
Awarded Respondents are instructed not to proceed until a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice is given to the Contractor by the Commission.
A company or person who proceeds prior to receiving a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice from the Commission does so without a contract and at their own risk.
Sealed responses, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1) and Section 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the responses, proposals, or final replies, whichever is earlier.
CONTRACT
The successful Respondent’s response and the Purchase Order shall form the contract between the parties.
In the event there is any disagreement between the documents, the parties shall refer first to the Request for Proposal then to Contractor’s response. The Commission reserves the right to revise the Purchase Order as necessary to meet the requirements of this RFP.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 11 of 52
SCOPE CHANGES AFTER CONTRACT EXECUTION
The Commission shall provide written notice to the successful Contractor thirty (30) days in advance of any Commission required changes to the technical specifications and/or scope of service that affect the successful Contractor’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a change order.
FWC CONTRACT MANAGER
The FWC employee identified as the Contract Manager shall perform the following on behalf of the FWC:
review, verify, and approve receipt of services/deliverables from the Contractor;
• Submit requests for change orders/amendments/renewals, if applicable;
• Review, verify, and approve invoices from the Contractor; and, if applicable, complete the
Certificate of Contract Completion form; and
• Maintain an official record of all correspondence between the Commission and the Contractor and forward the original correspondence to the Procurement Manager for the official file (e.g., renewal letters, vendor name change letter).
DELIVERABLES
The following services or service tasks are identified as deliverables for the purposes of the subsequent Contract:
a. Performance of all services set forth in the Scope of Work.
b. Submission of all invoicing, supporting documentation, Corrective Action Plans and reports.
LIQUIDATED DAMAGES
If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $100.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.
AUTHORIZED COMPENSATION
It is understood and agreed that all compensation under this RFP is specifically limited to the Contractor’s response price accepted by the Commission, and to the specific procedure for payment established in this RFP and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the response price paid for the work specifically described in the Scope of Work, which work is actually accomplished and invoiced by the Contractor subsequent to the Commission’s notice to proceed (or other notice to begin work). Thus, the Commission is not liable for any costs incurred or charged by the Contractor in anticipation of responding to, or performing work described in, this RFP, including but not limited to equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this RFP including, but not limited to, those resulting from a “force majeure”.
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 12 of 52
ADDITIONAL LEGAL REQUIREMENT
All corporations seeking to do business with the State shall, at the time of submitting a response, be on file with the Department of State in accordance with provisions of Chapter 607, Florida Statutes; similarly, partnerships seeking to do business with the State shall, at the time of submitting such response, have complied with the applicable provisions of Chapter 620, Florida Statutes. For further information on required filing and forms, please go to the following sites: http://sunbiz.org or http://dos.myflorida.com.
USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS
As provided in Chapter 60A-1.045, F.A.C., and Section 287.042(16) F.S., other State of Florida agencies may purchase from the resulting contract of this RFP, provided that the Department of Management Services has determined the contract’s use is cost effective and in the best interest of the State, and with the Contractor’s consent.
Other State of Florida governmental entities and eligible users may also request of the Contractor to be able to use this contract. If the Contractor agrees to other entities to utilize this RFP contract, such agencies shall coordinate their use of this contract with the Florida Fish and Wildlife Conservation Commission in order to reduce scheduling conflicts.
CONDITIONS AND SPECIFICATIONS
The Respondent is required to examine carefully the conditions and specifications of this RFP and to be thoroughly informed regarding any and all requirements of the conditions and specifications.
http://www.sunbiz.org/ http://dos.myflorida.com/
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 13 of 52
SCOPE OF WORK
FWC 22/23-72
IMPROVING CHRONIC WASTING DISEASE (CWD) EDUCATIONAL OUTREACH
PURPOSE
The intent of this request for proposal (RFP) is to obtain competitive responses for advertising, media planning and buying services enabling the FWC to reach stakeholders with critical outreach and safety messages regarding CWD. Respondents are encouraged to provide “a-la-carte” pricing for various outreach products and methods, to allow the FWC to determine the best value from a single awarded vendor. The maximum award amount is $208,000.
The goal of the media planning and buying services is to provide the Florida Fish and Wildlife Conservation Commission with effective educational, outreach, and advertising campaigns regarding CWD for the best value.
CWD is one of the most serious wildlife diseases facing state wildlife agencies such as the FWC. Research suggests CWD could substantially reduce infected deer populations.
Vaccines to prevent CWD have been ineffective and there is no known cure for prion diseases. Preventing CWD from spreading into Florida is critical. Once CWD has been established, it is difficult to control the spread of CWD and virtually impossible to eradicate.
Moving infected carcasses is one of the known risks for introducing CWD prions to new areas. To reduce that risk, the FWC approved rule changes to prohibit importing or possessing carcasses or certain high risk carcass parts from any species in the deer family (such as deer, elk, moose, caribou) originating outside of Florida. Under the new rules, people can import into Florida de-boned meat; finished taxidermy mounts; clean hides and antlers; and skulls, skull caps, and teeth IF all soft tissue has been removed.
In addition, the rules allow an exception for deer harvested from a property in Georgia or Alabama if such property is bisected by the Florida state line and is under the same ownership.
GENERAL DESCRIPTION -MEDIA PLANNING AND BUYING SERVICES
The FWC is committed to providing stakeholders and the public with information and guidance regarding CWD and recent new rules designed to defend against introducing CWD to Florida.
Advertising for this program area may include, but is not limited to:
• Educational and informational campaigns
• Rule promulgation requirements
• Grant program information and application period announcements
• Meeting notices, and other small advertisement needs
The primary services shall include:
Print, digital and broadcast product creation (creative services) Research and advisement for media opportunities available in targeted markets Planning strategies, priorities, and objectives for the most effective media placement Negotiating with media for best value of media placement
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 14 of 52
Media placement Review and reconcile all affidavits and invoices for media advertising purchased Prepare and provide post analysis reports and/or surveys as defined in the General Requirements Develop media buying plans Work with point-of-purchase locations to ensure advertising materials are most advantageously displayed to benefit FWC
MEDIA TYPES
May include, but not limited to:
Direct Mail Print publications Radio Social media Television Others as determined by the Respondent
1. GENERAL REQUIREMENTS
1.1. The Contractor will be required to work with each agency program area requesting media planning and/or buying services through a media buying request. The spectrum of services may range from gathering information, developing strategies, determining advertising priorities and objectives, to simply placing advertising as directed by a previously implemented or existing advertising plan.
1.1.1. Therefore, the Contractor must be flexible to the needs as they arise.
1.1.2. The Contractor must also have a physical address and operational office in Florida for potential face-to-face meetings.
1.2. FWC has coordinated advertising with many forms of media in the past. In addition to developing new advertising opportunities for FWC, the successful responsive respondent will also function solely as a media buyer and place media as directed by FWC.
1.3. The Contractor will be required to pay for the media advertisement placed with each media outlet and request reimbursement from FWC with proper documentation as stipulated in the specifications herein. Total payment to the Contractor will include reimbursement for actual net costs of media placement plus the media commission rate for services provided by the Contractor.
1.3.1. The Contractor will be paid the Media buy commission rate (e.g., the winning respondent’s percentage) multiplied by the net costs.
1.4. Any make-goods due to nonperformance of schedule will be a single unit of equal or greater value. Using industry standard measurements, the contractor will be required to ensure all media buys shall be cost effective and in the best interest of the State and the FWC.
1.5. The Commission will work with the contractor to survey which services were the most cost effective in a post-analysis format. If requested, the Contractor will provide post placement audits to ensure the audience predicted is within range of actual audience participation.
1.6. FWC may requiring the contractor to address the following items in the post media buy analysis:
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 15 of 52
1.6.1. Service Performed with each purchase order semi annually
1.6.2. Measurement of ratings
1.6.3 Media is being run on the agreed upon schedule, and if not, list the reason why and the solution to place the media at equal or greater value to the Commission
1.7. The Commission reserves the right to hire an independent firm to perform media auditing services for media placed as a result of this contract.
1.8. The contractor must be aware of and comply with all requirements set forth in 68-1.006 F.A.C, in regard to Cooperative Advertising, Sponsorships and Partnerships.
2. GENERAL CONDITIONS
2.1. General conditions will be listed within the purchase order issued for a specific need by FWC program areas as referenced in this RFP.
2.2. FWC reserves the option to continue purchasing advertising directly for any noncommercial sustaining announcement (NCSA) through the Florida Association of Broadcasters or the Florida Cable Telecommunications Association.
3. COSTS
3.1. Costs for all primary services shall be based on the commission rate stipulated in the RFP and outlined in each purchase order.
3.2. All costs shall be based on individual purchase orders as agreed upon by the Contractor and each program area.
4. INVOICING
4.1. Payments will be made from each individual purchase order issued off the contract based on the schedule of deliverables and schedule for payment. No payment will be made in advance.
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Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 16 of 52
ATTACHMENT A
FWC 22/23-72
FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION
PURCHASE ORDER TERMS & CONDITIONS
Last Updated: November 1, 2022
Section 1. PURCHASE ORDER.
A. Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Commission within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract Conditions, PUR 1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase.
B. Initial Term.
Unless otherwise specified, the Purchase Order begins on the date of issuance. Contractual services or commodities to be provided by the Contractor shall be completed by the date specified on the Purchase Order end date.
Section 2. PERFORMANCE.
A. Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Purchase Order. The Commission shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.
Coordination shall be maintained by the Contractor with representatives of the Commission, or of other agencies involved in the project on behalf of the Commission.
B. Performance Deficiency.
If the Commission determines that the performance of the Contractor is unsatisfactory, the Commission may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time frame specified by the Commission. The Contractor shall provide the Commission with a corrective action plan describing how the Contractor will address all issues of Purchase Order non‐performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or Purchase Order non‐compliance. If the corrective action plan is unacceptable to the Commission, the Contractor will be assessed a non‐performance retainage equivalent to ten (10) percent of the total invoice amount or as specified in the contractual documents.
The retainage will be applied to the invoice for the then‐current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Commission for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.
C. Contractor Responsibilities.
The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Purchase Order shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, the Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 17 of 52
Purchase Order must comply with all security and administrative requirements of the Commission.
The Commission may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission’s security or other requirements. Such refusal shall not relieve the Contractor of its obligation to perform all work in compliance with the Purchase Order. The Commission may reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents.
D. Assignment.
The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Purchase Order without the prior written consent of the Commission. In the event of any assignment, the Contractor remains secondarily liable for performance of the Purchase Order, unless the Commission expressly waives such secondary liability. The Commission may assign the Purchase Order with prior written notice to the Contractor.
E. Damages to State Property.
Any damages to state property (e.g., structures, roads, culverts, fences, trees, or other natural resources) caused by the Contractor while working on this project shall be the responsibility of the Contractor to remedy, as determined by the Commission. The Contractor shall be responsible for the conduct of all Contractor personnel at all times while on the job site.
Should any historical or cultural artifacts be uncovered, the Contractor shall immediately halt work and notify the Commission’s Contract Manager. Please note: The State Archaeologist has the power to halt work if he or she has reason to believe artifacts are being disturbed.
F. Subcontractor Minority Status Report.
Contractor shall provide a Subcontractor Minority Status Report (Attachment B) to the Commission’s Contract Manager, summarizing the participation of certified and non-certified woman-, veteran-and/or minority-owned business enterprise subcontractors/material suppliers for this Contract. The report shall be completed in its entirety and submitted with each invoice. The Contractor shall indicate “N/A” if the project does not utilize subcontractors. The Office of Supplier Diversity can assist in furnishing names of qualified woman-, veteran- and/or minority-owned business enterprises.
Contact the Commission’s Minority Coordinator at (850) 488-6551 with any questions.
G. Independent Contractor.
The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Commission. The Contractor covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Contractor and the Commission. The Contractor agrees to include this provision in all its subcontracts under the Purchase Order.
H. Commission Rights to Undertake or Award Supplemental Contracts.
The Contractor agrees that the Commission may undertake or award supplemental contracts for work related to the Purchase Order. The Contractor and its subcontractors shall cooperate with such other contractors and the Commission in all such cases.
https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd
Request for Proposal – Revised 11.4.2022 FWC 22/23-72, Page 18 of 52
Section 3. PAYMENT AND FEES.
A. Payment.
The Contractor will be paid upon submission of properly certified invoice(s) to the Commission after delivery and acceptance of commodities or contractual services is confirmed in writing by the Commission.
B. Invoicing.
Invoices may be submitted electronically to the Commission’s designated Contract Manager, as identified in this Purchase Order. The Contractor acknowledges that the Commission’s Contract Manager shall reject invoices lacking documentation necessary to justify invoiced expenses.
C. Invoices, Continued.
All invoices shall be processed in accordance with Section. 215.422, Florida Statutes (F.S.), and Rule 69I-24, Florida Administrative Code (F.A.C.), upon receipt of a proper invoice and approval and inspection of goods or services. The Commission shall record the date of receipt of an invoice on the date on which a proper invoice is first received at the place designated by the Commission. Approval and inspection of goods or services shall take no longer than five (5) working days unless the bid specifications, purchase order, or contract specifies otherwise. Invoices must be legible and shall contain the items below in detail sufficient for a proper audit.
• The invoice number
• The date of the invoice
• “Bill To” information, including address
• The vendor’s name and payment remittance address
• The purchase order number
• The Contractor’s Federal Employer Identification Number (FEIN) or Social Security Number
(SSN)
• Date(s) of service (beginning date – ending date)
• Invoices for commodities must provide a clear description of the item(s), number of units and cost per unit. Numerical code descriptions alone will not be accepted.
• Invoices for services must provide a clear description of the specific deliverables that must be provided and accepted prior to payment.
• Invoices for fixed unit rate agreements must…
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