ITB 2022.01 Lemon Law Booklets FINAL 6.16.22.pdf

Department of Legal Affairs

ITB DLA 2022.01

Consumer Guide to the Florida Lemon Law

TITLE PAGE

STATE OF FLORIDA

DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

INVITATION TO BID

ITB DLA-2022.01

CONSUMER GUIDE TO THE FLORIDA LEMON LAW

Respondent Name:

Respondent Mailing Address:

City, State, Zip:

Phone Number: ( ) Fax Number: ( )

E-Mail Address:

Federal Employer Identification Number (FEIN):

BY AFFIXING MY SIGNATURE ON THIS REPLY, I HEREBY STATE THAT I HAVE READ

THE ENTIRE ITB TERMS, CONDITIONS, PROVISIONS, SPECIFICATIONS AND ALL ITS

ATTACHMENTS, INCLUDING THE REFERENCED PUR 1000 AND PUR 1001. I hereby certify that my company, its employees, and its principals agree to abide by all the terms, conditions, provisions, and specifications during the competitive solicitation and any resulting Contract, including those contained in the Sample Contract.

Signature of Authorized Representative:

Printed (Typed) Name and Title:

*An authorized representative is an officer of the respondent’s organization who has legal authority to bind the respondent’s organization to the provisions of the Bids. This usually is the President, Chairman of the Board or owner of the entity, Document establishing delegated authority must be included with the reply if signed by other than authorized representative.

Table of Contents

SECTION 1 PURPOSE AND GENERAL INFORMATION

1.1 Purpose

1.2 Definitions

1.3 PUR 1001 – General Instructions to Respondents

1.4 Procurement Officer and Restriction on Communications

1.5 Schedule of Events

1.6 Questions

1.7 Accessibility for Disabled Persons

1.8 Responsive and Responsible (Mandatory Requirements)

1.9 Costs of Developing and Submitting Bid: Ownership

1.10 Taxes

1.11 Bid Tenure

1.12 Addendums

1.13 Conflict of Interest and Disclosure

1.14 Statement of Non-Collusion

1.15 Certificate of Authority

1.16 Preference Given to Printing within the State

1.17 Drug Free Workplace Certification

1.18 Business Reference Form

SECTION 2 CONTRACT TERMS

2.1 Contract Format

2.2 Scope of Work

2.3 Term of Contract

SECTION 3 INSTRUCTIONS FOR BID SUBMITTAL

3.1 Instructions for Submittal

3.2 Public Records and Trade Secrets

3.3 Price Page (Mandatory Requirement)

SECTION 4 AWARD

4.1 Basis of Award

4.2 Identical Bids

4.3 Right to Reject all Bids

4.4 Protests

ATTACHMENT A – STATEMENT OF WORK

ATTACHMENT B – PRICE PAGE

ATTACHMENT C – BUSINESS REFERENCE FORM

ATTACHMENT D – STATEMENT OF NO-CONFLICT, NON-COLLUSION

ATTACHMENT E – DRUG FREE WORKPLACE CERTIFICATION

ATTACHMENT F – LEMON LAW CONSUMER GUIDE REQUEST FORM

ATTACHMENT G – SAMPLE OF SHIPPING LOCATIONS SPREADSHEET

ATTACHMENT H – SAMPLE CONTRACT

SECTION 1 PURPOSE AND GENERAL INFORMATION

1.1 Purpose

The purpose of this Invitation to Bid (ITB) is to seek competitive pricing on behalf of the State of Florida, Department of Legal Affairs, Office of the Attorney General, hereafter referred to as the OAG, for the printing of “Consumer Guide to the Florida Lemon Law” booklets.

1.2 Definitions

OAG Department of Legal Affairs, Office of the Attorney General Bid A completed Title Page and Price Sheet and all required forms and attachments as specified in Section 3.1 of the ITB, submitted by a Respondent in response to this ITB.

Business Days Monday through Friday, excluding state holidays Business Hours 8 a.m. to 5 p.m., Eastern Time Calendar Days All days, including weekends and state holidays Contract The formal written agreement or Purchase Order that will be entered into between the OAG and the Contractor.

Contractor

The Respondent with whom the OAG executes a contract to provide the required commodities or services.

Minor Irregularity As used in the context of this solicitation, indicates a variation from the ITB terms and conditions which does not affect the price of the Bid, or give the Respondent an advantage or benefit not enjoyed by other Respondents, or does not adversely impact the interests of the OAG.

Respondent Any firm or person who submits a Bid to the OAG in response to this ITB.

State State will be synonymous with the state of Florida and its various agencies and other governmental subdivisions.

Subcontractor Any firm or person other than an employee of the Contractor who performs any services required by the Contract for compensation, upon OAG approval.

Vendor Information Portal

(VIP)

MyFloridaMarketPlace (MFMP) is the State of Florida's eProcurement system and connects vendors with state government organizations that purchase goods and services.

The MFMP Vendor Information Portal provides a self-service portal where vendors can register, receive electronic purchase orders information, and receive information on upcoming bids at: https://vendor.myfloridamarketplace.com/

1.3 PUR 1001 – General Instructions to Respondents

http://dms.myflorida.com/index.php/content/download/2934/11780/version/6/file/1001.pdf The State of Florida General Instructions to Proposers (PUR 1001) is hereby referenced and incorporated in its entirety into this ITB. This is a downloadable document at the hyperlink above. Please download and save this document to your computer for further review. Potential Respondents to the solicitation are encouraged to carefully review all materials contained herein and prepare responses accordingly. There is no need to return PUR 1001 to the OAG. To the extent any terms contained in this ITB conflict with the terms of the PUR 1001, this ITB controls.

1.4 Procurement Officer and Restriction on Communications

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 OAG 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. Section 287.057(25), Florida Statutes

The Procurement Officer is the sole point of contact for the OAG pursuant to section 287.057(25), Florida Statutes.

Amy Marshall Bureau of General Services Office of the Attorney General State of Florida, Department of Legal Affairs 107 West Gaines Street, Collins Building Tallahassee, FL 32301 Telephone: (850) 414-3415 Email: Amy.Marshall@myfloridalegal.com

1.5 Schedule of Events

The following time schedule will be strictly adhered to in all actions relative to this ITB, unless modified by the OAG by addendum to this ITB. No liability to the OAG will result from such deviations. All required Vendor actions must be completed by the date and time in the schedule.

http://dms.myflorida.com/index.php/content/download/2934/11780/version/6/file/1001.pdf mailto:Amy.Marshall@myfloridalegal.com

Event Location Date/Time

ITB Released/Posted https://vendor.myfloridamarketplace.com/ June 16,2022 Questions Submitted To Procurement Officer at:

Amy.Marshall@myfloridalegal.com June 27. 2022

Anticipated Answers to Questions https://vendor.myfloridamarketplace.com/ July 8, 2022

Sealed Bids Due The Office of the Attorney General Bureau of General Services, Purchasing Collins Building 107 W. Gaines Street Tallahassee, Florida, 32301

Bids must be addressed to the Procurement Officer, Amy Marshall, as specified in Section 1.4.

Bids must be received by 2:00 p.m. on date specified.

July 26, 2022

*Anticipated Opening of Bids

All timely bids will be opened at:

Collins Building Room 226 107 W. Gaines Street Tallahassee, Florida, 32301 Time of Opening 2:30 p.m., Eastern Time

The public may attend the opening but may not review any Bids at that time in accordance with section 119.07(1)(2), Florida Statutes.

July 26, 2022

Anticipated Posting of Award https://vendor.myfloridamarketplace.com/ August 2, 2022

All Respondents are hereby notified that the meetings noted with an asterisk above (*) are public meetings open to the public and may be electronically recorded by any member of the audience. Although the public is invited, no comments or questions will be taken from either the Respondents or other members of the public.

1.6 Questions

This provision takes precedence over General Instruction #5 in PUR 1001.

All questions regarding the content of this ITB must be received in writing by email to the

Procurement Officer identified in Section 1.4, above, within the time indicated in Section 1.5, Schedule of Events. Verbal questions or those submitted after the period specified in the Schedule of Events will not be addressed.

Answers to questions submitted in accordance with the ITB Schedule of Events will be posted on the MyFlorida.com VIP website. Respondents are asked to use the following format when submitting questions:

RESPONDENT’S NAME

ITB DLA-2022.01

QUESTION OAG’S ANSWER

1.7 Accessibility for Disabled Persons

If a special accommodation is needed, please advise no later than five working days prior to the event for which the accommodation may be needed. Contact the Procurement Officer named in Section 1.4 of the ITB.

1.8 Responsive and Responsible (Mandatory Requirements)

Respondents must meet the following mandatory requirements and complete and submit the following mandatory information or documentation as part of its Bid. Any Bid which does not meet these requirements or contain this information will be deemed non-responsive.

1. Bids must be sealed and received at the location, date, and time specified in Section 1.5, Schedule of Events.

2. The Title Page must be completed, signed, and returned with Bid.

3. Price Page – Attachment B, must be completed as specified with no alteration of the form.

1.9 Costs of Developing and Submitting Bid: Ownership

Neither the OAG or the State are liable for any of the costs incurred by a Respondent in preparing and submitting a Bid. All Bids become the property of the OAG upon receipt and will not be returned to the Respondents once opened. The OAG will have the right to use any ideas or adaptations of ideas contained in any Bids received in response to this ITB. Selection or rejection of the Bids will not affect this right.

1.10 Taxes

The OAG is generally exempt from all federal, state, and local taxes and no such taxes will be included in the price of the Contract. The OAG will have no responsibility for the payment of taxes which become payable by the Contractor or its subcontractors in performance of the Contract.

1.11 Bid Tenure

All Bids are binding for 180 days following the Bid opening date.

1.12 Addendums

Any and all addendums to this ITB will be posted on the VIP with an Addendum Acknowledgement Form. The Addendum Acknowledgement Form, issued with each posting, must be signed by an individual authorized to bind the Respondent, dated and included in the Respondent’s Bid. It is the Respondent’s responsibility to monitor the VIP for any solicitation notifications.

1.13 Conflict of Interest and Disclosure

The award hereunder is subject to the provisions of Chapter 112, Florida Statutes.

Respondents must disclose with their Bids whether any officer, director, employee, or agent is also an officer or an employee of the OAG, the state of Florida, or any of its agencies, whether executive, judicial, or legislative. All firms must disclose the name of any state officer or employee who owns, directly or indirectly, an interest of five percent or more in the Respondent’s firm or any of its branches or affiliates. All Respondents must also disclose the name of any employee, agent, lobbyist, previous employee of the OAG, or other person, who has received or will receive compensation of any kind, in seeking to influence the actions of the OAG in connection with this procurement.

1.14 Statement of Non-Collusion

Section 287.057(19)(c), Florida Statutes, provides “A person who receives a contract that has not been procured pursuant to subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency. See Section 3.4.

The OAG considers participation through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or any other advisory capacity to constitute participation in drafting of the solicitation.

1.15 Certificate of Authority

All limited liability companies, corporations, corporations not for profit, and partnerships seeking to do business with the State must be registered with the Florida Department of State in accordance with the provisions of Chapters 605, 607, 617, and 620, Florida Statutes, respectively, prior to Contract execution. The OAG retains the right to ask for verification of compliance before Contract execution. Failure of the selected contractor to have appropriate registration may result in withdrawal of Contract award.

1.16 Preference Given Printing within the State

Pursuant to section 283.35, Florida Statues, the OAG will grant a preference to the lowest responsible and responsive vendor having a principal place of business within this state.

The preference will be five percent if the lowest bid is submitted by a vendor whose principal place of business is located outside the state and if the printing can be performed in this state at a level of quality comparable to that obtainable from the vendor submitting the lowest bid located outside the state.

1.17 Drug Free Workplace Certification

Respondents may execute and return Drug Free Workplace Certification, Attachment E, to be considered in the event of identical scoring or exact tie.

1.18 Business Reference Form

Respondents will return the Business Reference Form – Attachment C and provide references sufficient in number to verify and support five years of continuous experience and success in completing printing assignments of a similar scope and size in the last five years. The Reference contact person should be available between the hours of 8:00 a.m.

and 5:00 p.m., Eastern Time, Monday through Friday.

SECTION 2 CONTRACT TERMS

2.1 Contract Format

Use of the OAG’s Sample Contract, Attachment H hereto, is mandatory for any contract resulting from this solicitation. Respondents must become familiar with the Sample Contract, which contains administrative, financial, and non-programmatic terms and conditions mandated by federal and state law and, administrative code rules. The terms and conditions contained in the Sample Contract are non-negotiable.

2.2 Scope of Work

Detailed specifications for this ITB are provided in Attachment A, Scope of Work.

2.3 Term of Contract

The term of the contract awarded from this ITB will have an anticipated start date of September 18, 2022. This is a two-year contract. The contract may be renewed on a yearly basis for no more than two years beyond the initial contract term. Renewals are subject to the same terms and conditions set forth in the initial contract and are contingent upon satisfactory performance as determined by the OAG and are subject to the availability of funds.

SECTION 3 INSTRUCTIONS FOR BID SUBMITTAL

3.1 Instructions for Submittal

1. Respondents must submit the Title Page and the Price Page – Attachment B (Mandatory Requirement).

2. Respondents must submit the following forms, completed, and signed, with their Bids:

a. Business Reference Form – Attachment C

b. Statement of No-Conflict, Non-Collusion – Attachment D (Section 1.13, 1.14)

3. Drug Free Workplace Certification – Respondents may execute and return the Drug Free Workplace Certification, Attachment E, to be considered in the event of identical scoring or exact tie (Section 1.17).

4. The Addendum Acknowledgement Form must be submitted, when applicable.

5. The Respondent is asked to submit one original paper copy of the Bid and one PDF copy on a single USB storage device, or CD, viewable in Adobe Acrobat. The PDF copy should contain the entire Bid as submitted, including all supporting and signed documents.

6. Bids must be sent by U.S. Mail, courier, or hand delivered to the location and time specified in Section 1.5, Schedule of Events (Mandatory Requirement).

7. It is the Respondent's responsibility to ensure that its Bid is delivered by the specified time and the location identified in Section 1.5, Schedule of Events. Bids which, for any reason are not received timely, will not be considered.

8. Bids will be submitted in a sealed envelope or package with the solicitation number and the date and time of the Bid opening clearly marked on the outside. The OAG is not responsible for improperly marked Bids.

9. The OAG’s clocks will provide the official time for Bid receipt.

10. Unsealed Bids and Bids transmitted electronically or by facsimile transmission will not be considered.

11. No Bids may be altered after the submission due date and time.

3.2 Public Records and Trade Secrets

Notwithstanding any provisions to the contrary, public records must be made available pursuant to the provisions of the Public Records Act. If the Respondent considers any portion of its Bid to this solicitation to be confidential, exempt, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or any other authority, the Respondent must segregate and clearly mark the documents as

“CONFIDENTIAL.”

Simultaneously, the Respondent will provide the OAG with a separate redacted paper and electronic copy of its Bid and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy must contain the solicitation name, number, and the name of the Respondent on the cover, and must be clearly titled “REDACTED COPY.” The redacted copy must be provided to the OAG at the same time the Respondent submits its Bid and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. The Respondent will be responsible for defending its determination that the redacted portions of its Bid are confidential, trade secret or otherwise not subject to disclosure. Further, the Respondent must protect, defend, and indemnify the OAG for all claims arising from or relating to the determination that the redacted portions of its Bid are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the Respondent fails to submit a redacted copy with its Bid, the OAG is authorized to produce the entire documents, data or records submitted by the Respondent in answer to a public records request for these records.

3.3 Price Page (Mandatory Requirement)

The Price Page is Attachment B to this ITB. Respondents must fill out the Price Page as indicated, sign it, and return it with their Bid. A price must be provided for each item listed on the Price Page. Failure to complete the Price Page as indicated will result in the Bid being deemed non-responsive. No alterations, amendments, or changes to the format of the Price Page are permitted. No changes to the Price Page will be allowed after submittal of the bid.

SECTION 4 AWARD

4.1 Basis of Award

A single award will be made to the responsible and responsive Respondent that submits the LOWEST TOTAL PRICE, including delivery, as described in Attachment B – Price Page, that also meets the specifications and conditions of this ITB.

4.2 Identical Bids

In the event of identical Bids or otherwise equal Bids from two or more Respondents, the OAG will determine the order of award in accordance with the law, including giving due weight to preferences set forth in Chapter 287, Florida Statutes. In the event that the application of the preferences in Chapter 287, Florida Statutes, fails to resolve the identical bids, the OAG will determine the award by a means of random selection (e.g., a coin toss or drawing of numbers).

4.3 Right to Reject all Bids

The OAG reserves the right to reject all Bids. The OAG reserves the right to award as determined to be in the best interest of the state, and to accept or reject any and all offers, or separable portions, and to waive any minor irregularity or omission if the OAG determines that doing so will serve the best interest of the state.

4.4 Protests

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post a bond or other security required by law within the time allowed for filing a bond, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

Only documents delivered by the U.S. Postal Service, a private delivery service, or in person (8:00 a.m. – 5:00 p.m., Eastern Time) will be accepted. Documents received after hours will be filed the following business day. No filings may be made by email or by any other electronic means. All filings must be made with the OAG Clerk ONLY and are only considered "filed" when stamped by the official stamp of the OAG Clerk. It is the responsibility of the filing party to meet all filing deadlines.

Do not send Bids to the OAG Clerk’s Office. Send all Bids to the Procurement Officer at the address listed in the Schedule of Events, Section 1.5.

The OAG Clerk's mailing address is:

OAG Clerk Florida Department of Legal Affairs, Office of the Attorney General PL-01, The Capitol Tallahassee, Florida 32399-1050 Telephone No. (850) 414-3626

The OAG Clerk’s physical address for hand deliveries is:

OAG Clerk Department of Legal Affairs 107 West Gaines Street Tallahassee, Florida 32399

ATTACHMENT A

SCOPE OF WORK

ITB DLA 2022.01

CONSUMER GUIDE TO THE FLORIDA LEMON LAW

A. Background

The Consumer Guide to the Florida Lemon Law (Guide) is given to buyers of new automobiles in the state of Florida. Its purpose is to provide information regarding Chapter 681, Florida Statues. See the chart below for the number of guides ordered in prior years.

This number is not guaranteed going forward.

B. Specifications

The Contractor will be required to print and deliver the number of requested copies of the Consumer Guide to the Florida Lemon Law on a yearly basis, divided into semi-annual printing jobs. Orders for the Guides are submitted by automobile manufacturers to the OAG twice a year; the OAG then compiles those submissions and submits the Lemon Law Consumer Guides Request Form, Attachment F, to the Contractor for fulfillment (hereinafter “Request Form”). Because the purpose of publishing the Guide is to provide statutory information, legislative or regulatory changes that require revision to the Guide during the term of this Contract may be necessary. In such an event, changes to the camera-ready artwork will be provided to the Contractor with the Request Form under the Contract.

Over the past several years, the annual number of Guides printed order has fluctuated, as shown in the following table:

For delivery in: Number of Guides Ordered

Jan-2022 405,310 Jul-2021 258,689 Jan-2021 637,460 Jul-2020 170,776 Jan-2020 466,427 Jul-2019 187,545 Jan-2019 163,760 Jul-2018 519,037 Jan-2018 266,888 Jul-2017 607,153 Jan-2017 274,3000

For delivery in: Number of Guides Ordered

Jul-2016 692,632 Jan-2016 431,262 Jul-2015 607,030 Jan-2015 361,624

While the anticipated annual total number of Guides to be ordered through the semi-annual Request Form process is expected to be 900,000, the number of Guides actually ordered each year will be based on past and anticipated sales of automobiles in the state, as determined by the automobile manufacturers. If sales drop or increase beyond the number expected during the six months preceding the semi-annual printing, the number of Guides requested by the manufacturers will be adjusted accordingly.

Manufacturers also submit requests for Guides outside the semi-annual printings specified herein. Those requests have varied from 10,000 to 100,000 extra Guides per year. In the event automobile manufacturers require additional Guides over their anticipated base figure or submit requests for Guides outside of the semi-annual printings specified herein, the Contractor will fulfill this request within 60 calendar days after issuance of the Request Form for said printing, at the prices listed in the Contract.

The first semi-annual printing and delivery will be completed in January 2023, and the second semi-annual printing and delivery will be completed in July 2023. The Contractor will be required to ensure the Guides are received by those manufacturers identified in the Excel Spreadsheet accompanying the Request Form no later than 60 calendar days after issuance of the Request Form (Attachment F, hereto) will be issued to the Contractor in sufficient time prior to the required semi-annual printing and delivery months so as to facilitate the timely printing and delivery of the Guides.

Contractor will not sell, distribute, print, or reprint any copies of the Guide unless authorized to do so in writing by the OAG.

C. Product Specifications

All work, including press work, will be neat, even in impression, uniform in lines, and perfect register. The margins will be uniform on each page with uniform appearance in the finished work. Only quality materials will be used.

Each Guide will meet the following specifications:

1. Number of Pages/Description

Total of 16 pages: when folded to 8 ½” x 5 ½”, including front and back cover (not included carbonless form) as follows:

a. 3-8 ½” x 11” signatures printed front and back

b. Cover page front and back

2. Carbonless Form Insert

3-part carbonless form, 8 ½” x 11”, color sequence to be white, canary, and pink, printed black ink front side only. Carbonless form, glue with “fan apart” as usual. Perforated carbonless form 4 7/8” from “fan apart” glued edge 1/8” short of open edge (see diagram in Sample Images). This form will be the first signature inserted into the stitched Guide as the first signature next to the cover, with glued edge 1/8” short of open edge to the left and stapled into the Guide.

3. Cover Size

Full Bleed 8 ½” x 11” (folded to 8 ½” x 5 ½”)

4. Page Size

8 ½” x 11”, folded to 8 ½” x 5 ½”

5. Stock

a. Cover – 67lb. Vellum Bristol cover. Color to be cream, ivory or natural.

b. Pages – Text weight 60lb. offset white, un-coated.

c. Carbonless Form Insert – 3-part white, canary and pink.

6. Composition

All camera-ready artwork will be supplied by the Agency with the issued Contract.

7. Ink

a. Cover – Pantone 1605 U & Black (2/2)

b. Pages – Pantone 1605 U & Black (2/2)

c. Carbonless Form Insert – Black (1/0)

8. Binding

Collated, Inserted, Stapled and Trimmed

D. Proofs

Initial color proof is required to be submitted for approval within seven days of receipt of Contract to:

Office of Attorney General Lemon Law Arbitration Program ATTN: Kairi Sisask PL-01, The Capitol Tallahassee, Florida 32399-1050

E. Ordering of Guides

Orders will be submitted by the Agency, using the Lemon Law Consumer Guides Request Form – Attachment F.

F. Delivery of Guides

Guides are to be delivered within 60 days after receiving the Lemon Law Consumer Guides Request Form, Attachment F, from the OAG Lemon Law Arbitration. Shipping location(s) of ordered guides will be provided by the Agency via Excel spreadsheet. Sample Worksheets reflecting three recent order periods are shown in Attachment G.

G. Shipping Charges

Shipping charges will be paid by the Contractor.

H. Financial Consequences

Failure of the Contractor to perform as specified above will result in a reduction of payment for the effected deliverable as follows:

1. Failure to meet the Specifications, as provided above in sections B, C and D, will result in a reduction of five percent for the rate per Guide multiplied by the number of Guides affected. The OAG will not accept defective Guides, i.e., Guides that do not meet the Specifications. The reduction will be assessed on the per Guide price on the invoice for the replacement Guides.

2. Failure to deliver the Guides within 60 days after receiving the Lemon Law Consumer Guides Request Form will result in a reduction of five percent for each day beyond 60 days the Guides are not delivered. The reduction will be assessed on the per Guide price on the invoice for the affected order.

ATTACHMENT B

PRICE PAGE

ITB – DLA-2020.05

CONSUMER GUIDE TO THE FLORIDA LEMON LAW

Prices are to be bid per consumer guide, inside delivery price per guide included, based on the “Consumer Guide to the Florida Lemon Law” (Guide). Printing Specifications included in Attachment A.

The per Guide price cannot be extended beyond the ten thousandth place (.0000). Respondent must provide both an initial term price and a renewal term price, or the Price Page will be deemed incomplete and non-responsive.

The OAG is aware that prices have increased in the last few years. Accordingly, bidders must provide prices for each initial year and each renewal year. Prices will be weighted using the formula below to determine the lowest grand total.

.6 (year one + year two) + .4 (renewal year one +renewal year two) = grand total

INITIAL TERM (two years) INITIAL PRICE PER GUIDE

YEAR ONE $

YEAR TWO

RENEWAL TERM (up to two years)

RENEWAL YEAR ONE RENEWAL PRICE PER GUIDE

RENEWAL YEAR TWO $

TOTAL PRICE

Respondent:

Address:

City, State, Zip Code:

Telephone: FEIN Number:

ATTACHMENT C

BUSINESS REFERENCE FORM

Provide references sufficient in number to verify and support five years continuous experience as specified in Section 1.18 of this ITB. The Reference contact person should be available between the hours of 8:00 a.m. and 5:00 p.m., Eastern Time, Monday through Friday.

Company Name Point of Contact

Address Telephone Number

City/State/Zip Code Email Address

Project Date

Description (Scope of Work)

ATTACHMENT D

STATEMENT OF NO-CONFLICT, NON-COLLUSION

I hereby certify that my company, its employees, and its principals, had no involvement in performing a feasibility study of the implementation of the subject Contract, in the drafting of this solicitation document, or in developing the subject program. Further, my company, its employees, and principals, engaged in no collusion in the development of the instant Bid, proposal or reply.

This Bid, proposal or reply is made in good faith and there has been no violation of the provisions of Chapter 287, Florida Statutes, the Administrative Code Rules promulgated pursuant thereto, or any procurement policy of the Department of Legal Affairs, Office of the Attorney General. I certify I have full authority to legally bind the Provider, Respondent, or Vendor to the provisions of this Bid, proposal or reply.

Signature of Authorized Representative* Date

OAG ITB 2022.01

Title Solicitation Number

*An authorized representative is an officer of the Respondent’s organization who has legal authority to bind the organization to the provisions of the Bids. This usually is the President, Chairman of the Board, or owner of the entity. A document establishing delegated authority must be included with the Bid if signed by other than the President, Chairperson or owner.

ATTACHMENT E

FLORIDA DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

Section §287.087, Florida Statutes. Preference to businesses with drug-free workplace programs. Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. In order to have a drug-free workplace program, a business will:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five calendar days after such conviction.

(5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the indicated requirements.

Signature Date

Printed Name Company Name

Attachment F Lemon Law Consumer Guide Request Form

CONTRACT #:

DATE

NUMBER OF GUIDES

PRICE PER GUIDE

GRAND TOTAL

SHIPPING

LOCATION(s) See the Attached***

OAG Point of Contact: Kairi Sisask 850-414-3494 Kairi.sisask@myfloridalegal.com

Company’s Contract Administrator: TBD

*** Please see the attached Excel spreadsheet for shipping locations mailto:Kairi.sisask@myfloridalegal.com

ITB DLA 2022.01 Consumer Guide to the Florida Lemon Law

ATTACHMENT G

PRIOR SHIPPING LOCATION SPREADSHEETS

ITB DLA 2022.01 CONSUMER GUIDE TO THE FLORIDA LEMON LAW

These spreadsheets are provided as examples of the locations to which the Guides may be shipped.

The actual number of Guides to be shipped per location, as well as the particulary shipping locations, will be included as an attachment to each Lemon Law Consumer Guides Request Form issued under the Contract.

These spreadsheets are to be used for planning purposes only and not as a guarantee or indication of either the actual number of Guides to be shipped or an exhaustive list of the locations where the Guides will be shipped for an individual Lemon Law Consumer Guides Request Form issued under the Contract.

January 2022

Manufacturer Address1 Address2 Shipping Quantity

Bentley Motors Agero, 1401 S. Pantano Rd. Tuscon, AZ 85710 800 BMW Manufacturing Co., LLC 1400 Highway 101 South Greer, SC 29651 15,000 BMW of North America 106 Joe Frank Harris Blvd. Brunswick, GA 31523 50,000 Coach House Inc. 3480 Technology Dr. Nokomis, FL 34275 30 Dynamax Division of Forest River, Inc. 2745 Northland Dr. Elkhart, IN 46514 100 Ferrari North America 250 Sylvan Ave. Englewood Cliffs, NJ 07632 500

Stellantis 10300 Boggy Creek Rd. Orlando, FL 32824 60,000

General Motors Archer Corporate Services, DLA-LL-011- 0513, 6703 Haggerty Rd., Suite B Belleville, MI 48111 55,000

Jayco, Inc. 903 South Main Street Middlebury, IN 46540 800 Kia Motors America Glovis, 1 Joe Frank Harris Blvd. Brunswick, GA 31523 55,000 Kia Motors America 111 Peters Canyon Rd. Irvine, CA 92606 3,000 Kia Motors America 100 Galleria Parkway, Suite 1550 Atlanta, GA 30339 3,000 Kia Motors America Glovis, 2000 Webb Road West Pont, GA 31833 25,000

Mazda North American Operations The Dot Fulfillment & Distribution, 1801 S.

Standard Ave. Santa Ana, CA 92707 16,400

McLaren Automotive 1405 South Belt Line Rd., Suite 100 Coppell, TX 75019 30 Pleasure Way Industries 302 Portage Ave. Saskatoon, SK S7J 4C6 100 Porsche Cars North America 1 Porsche Dr. Atlanta, GA 30354 5,000 Rollx Vans 6591 W. Highway 13 Savage, MN 55378 50

Southeast Toyota Distributors JM Family Esterprises, 701 Jim Moran Blvd, Maildrop JMCDF066 Deerfield Beach, FL 33442 50,000

Subaru of America 79 Newton Ave., NSTC Bldg, 2nd Floor Camden, NJ 08103 15,000 Tiffin Motor Homes 105 2nd St. NW Red Bay, AL 500 Volkswagen Group of America, Inc. RR Donnelly, 3801 Gantz Road Grove City, OH 43123 30,000 Volvo Car USA, LLC Ken Cook Co., 16711 West Lincoln Ave. New Berlin, WI 53151 20,000

TOTAL 405,310

July 2021

Manufacturer Address1 Address2 Shipping Quantity

American Honda Helm, Inc., 38150 Plymouth Rd. Livonia, MI 48150 15,500 BMW of North America 106 Joe Frank Harris Blvd. Brunswick, GA 31523 25,000 Coach House Inc. 3480 Technology Dr. Nokomis, FL 34275 30 Coachmen RV 423 N. Main Street, Building 10 Middlebury, IN 46540 500 Ferrari North America 250 Sylvan Ave. Englewood Cliffs, NJ 07663 500

Fiat Chrysler Automobiles/Stellantis 10300 Boggy Creek Rd. Orlando, FL 32824 54,000

Ford Dealer Estore, Qualfon 350 Victor St. Highland Park, MI 48203 30,000

General Motors Archer Corporate Services, DLA-LL-011- 0513, 6703 Haggerty Rd., Suite B Belleville, MI 48111 35,000

Kia Motors America Glovis, 1 Joe Frank Harris Blvd. Brunswick, GA 31523 20,000 Kia Motors America Glovis, 2000 Webb Road West Pont, GA 31833 10,000

Mazda North American Operations Budco - The Dialogue Company, 350 Victor St. Highland , MI 48203 15,000

Mercedes Benz USA - Brunswick VPC 101 Jointer Creek Rd. Brunswick, GA 31523 19,200 Porsche Cars North America 1 Porsche Dr. Atlanta, GA 30354 5,000 Rollx Vans 6591 W. Highway 13 Savage, MN 55378 50 Subaru of America 79 Newton Ave., NSTC Bldg, Rear lot Camden, NJ 08103 14,409 Thor Motor Coach 701 Country Rd. 15 Elkhart, IN 46516 3,000 Tiffin Motor Homes 105 2nd St. NW Red Bay, AL 500 Volvo Car USA, LLC Ken Cook Co., 2855 S. Calhoun Rd. New Berlin, WI 53151 10,000 Winnebago Industries, Inc. 605 West Crystal Lake Road Forest City, IA 50436 1,000

TOTAL 258,689

January 2021

Manufacturer Address1 Address2 Shipping Quantity

Bentley Motors Agero, 1401 S. Pantano Rd. Tuscon, AZ 85710 500 Aston Martin Lagonda of North America 409 Via Cruz Oceanside, CA 92057 500 Airstream, Inc. 1001 W. Pike St. Jackson Center, OH 45334 250 American Honda Helm, Inc., 38150 Plymouth Rd. Livonia, MI 48150 35,126 BMW Manufacturing Co., LLC 1400 Highway 101 South Greer, SC 29651 15,000 Coachmen RV 423 N. Main Street, Building 10 Middlebury, IN 46540 500 Ferrari North America 250 Sylvan Ave. Englewood Cliffs, NJ 07632 500

Fiat Chrysler Automobiles 10300 Boggy Creek Rd. Orlando, FL 32824 50,100

Ford Dealer Estore, Qualfon 350 Victor St. Highland Park, MI 48203 20,000

General Motors Archer Corporate Services, DLA-LL-011- 0513, 6703 Haggerty Rd., Suite B Belleville, MI 48111 40,000

Jayco, Inc. 903 South Main Street Middlebury, IN 46540 500 Kia Motors America Glovis, 1 Joe Frank Harris Blvd. Brunswick, GA 31523 35,000 Kia Motors America 2000 Webb Road West Pont, GA 31833 10,000 McLaren Automotive 8961 Cypress Waters Blvd., Suite 160 Coppell, TX 75019 300

Newmar Corporation 1747 Cheyenne Nappanee, IN 46550 600 Porsche Cars North America 1 Porsche Dr. Atlanta, GA 30354 5,000 REV Recreation Group 1031 US 224 E Decatur, IN 46733 900 Rollx Vans 6591 W. Highway 13 Savage, MN 55378 50

Southeast Toyota Distributors JM Family Esterprises,, 701 Jim Moran Blvd, Maildrop JMCDF066 Deerfield Beach, FL 33442 295,500

Southeast Toyota Distributors 1751 Talleyrand Ave. Jacksonville, FL 32206 36,000 Subaru of America 79 Newton Ave., NSTC Bldg, Rear lot Camden, NJ 08103 16,634 Thor Motor Coach 701 Country Rd. 15, Bldg 752 Elkhart, IN 46516 2,000 Tiffin Motor Homes 105 2nd St. NW Red Bay, AL 500

Toyota Motor Sales, USA, Inc.

MDC Fulfillment, MDC-0021897000FL, 21046 S. Figueroa St., Suite B Carson, CA 90745 50,000

Volkswagen Group of America, Inc. RR Donnelly, 3801 Gantz Road Grove City, OH 43123 22,000

TOTAL 637,460

ATTACHMENT H

SAMPLE CONTRACT

By submission of a Bid, Respondent accepts the below terms of this sample contract without option for negotiation, unless otherwise specified.

This Contract is between the STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS (OAG), an agency of the state of Florida with offices at The Capitol, PL-01, Tallahassee, Florida 32399-1050, and [insert contractor’s name], [address] (Contractor).

The Contractor responded to the OAG’s DLA 2022.01 ITB, Consumer Guide to the Florida Lemon Law (the ITB). The parties enter into this Contract in accordance with the terms and conditions of the solicitation. The terms are non-negotiable unless it is specifically indicated herein that they are subject to change during the solicitation.

The parties agree as follows:

1. SCOPE OF WORK

The Contractor will perform the services explained in detail in Attachment A to this Contract, hereby incorporated by reference, Attachment A reflects the SCOPE OF WORK, Section 2.2 of the ITB, and Contractor’s BID thereto. The General Contract Terms from PUR 1000 apply and are hereby incorporated by reference. This Contract takes precedent if there is any conflict between the terms of PUR 1000 and this contract.

2. DEFINITIONS

The following definitions apply in addition to the definitions in PUR 1000.

Business Day Any day between Monday through Friday, inclusive, except for state holidays observed by the OAG or any day state offices are officially closed.

Calendar Day Any day, including weekends and holidays State State will be synonymous with the State of Florida and its various agencies and other governmental subdivisions.

Subcontractor Any firm or person other than an employee of a Respondent who performs any services required by the Contract, for compensation, upon OAG approval

Vendor Information Portal

(VIP)

MyFloridaMarketPlace (MFMP) is the State of Florida's eProcurement system and connects vendors with state government organizations that purchase goods and services.

The MFMP Vendor Information Portal provides a self-service portal where vendors can register, receive electronic purchase orders information, and receive information on upcoming bids at: https://vendor.myfloridamarketplace.com/

3. TERM

3.1 Initial Term

The initial term of the Contract will be for two years. The initial Contract term will begin on September 18, 2022 (anticipated), or on the last date the Contract is signed by all parties, whichever is later.

3.2 Renewal Term

This contract may be renewed on a yearly basis for no more than two years beyond the initial contract or for the original term of the contract, whichever is longer, and is subject to the same terms and conditions set forth in the initial contract. Renewals must be in writing, made by mutual agreement, and will be contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the OAG and will be subject to the availability of funds.

3.3 Termination

The following terms apply in addition to the termination provisions in PUR 1000 sections 22 and 23.

In the event this Contract is terminated, all finished or unfinished documents, data, studies, correspondence, reports, and other products prepared by or for the Contractor under this Contract will be made available to and for the use of the OAG.

Notwithstanding the above, the Contractor will not be relieved of liability to the OAG for damages sustained by the OAG by any termination of this Contract by the Contractor. In the event this Contract is terminated, the Contractor will be reimbursed for services satisfactorily completed subject to any such damages.

4. COMPENSATION

4.1 Payment

This is a fixed price, fixed fee and unit cost contract. The OAG will pay the Contractor based on the amounts agreed to in the BID, Attachment B, Price/Rate Sheet submitted, which will be incorporated in the Contract by reference. The total contract amount is $XXXXX and the amounts, the unit of service a fixed fee per Guide.

4.2 Invoices

The Contractor must submit a properly completed invoice to the Contract Manager within 30 calendar days from shipment of processed order. Invoices will be submitted in the format specified by the OAG.

4.3 Bills for Travel

Bills for travel expenses are not permitted under the terms of this contract, unless otherwise specified in the solicitation document.

4.4 Final Invoice

Unless renewed or extended, the final invoice must be received within 30 calendar days immediately following contract expiration.

4.5 Appropriations

The state of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.

4.6 Corrective Action Plan (CAP)

Using this Contract as the basis, the OAG, at its sole discretion, is authorized to identify contracted deficiencies within the Contractor’s performance and request a proposed Corrective Action Plan (CAP) to correct the deficiencies.

4.7 Deliverables, Tasks, Performance Measures and Financial Consequences

Pursuant to section 287.058, this Contract must be divided into “quantifiable, measurable, and verifiable units of deliverables that must be received and accepted in writing by the contract manager before payment. Each deliverable must be directly related to the scope of work,” which will clearly establish the tasks that are required to be performed.

The contract also must contain performance measures which specify the required minimum level of acceptable service to be performed and financial consequences that will apply if the Contractor fails to perform in accordance with the stated performance measures. The performance measures and financial consequences are based on deliverables, and the tasks that made make up the deliverables. Financial consequences will be a stated reduction for failure to meet the required performance measure, which will be assessed on invoiced amounts.

The Deliverables, Tasks, Performance Measures and Financial Consequences specific to this contract are set forth in Attachment A.

5. INDEMNIFICATION

This provision takes precedence over General Condition #19 in PUR 1000. General Condition #20, Limitation of Liability in PUR 1000 is specifically rejected.

5.1 Contractor is liable for and will indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from all claims, suits, judgments, or damages, consequential or otherwise and including attorneys’ fees and costs, arising out of any act, actions, neglect, or omissions by Contractor, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property.

5.2 Contractor’s inability to evaluate liability or its evaluation of no liability will not excuse Contractor’s duty to defend and indemnify the OAG within seven calendar days after certified mail or courier delivery notice from the OAG. Only adjudication or judgment after highest appeal is exhausted specifically finding Contractor not liable will excuse performance of this provision. Contractor will pay all costs and fees related to this obligation and its enforcement by the OAG. The OAG’s failure to notify Contractor of a claim will not release Contractor of the above duty to indemnify.

NOTE: This section 5, Indemnification, is not applicable to contracts executed between state agencies or subdivisions, as defined in section 768.28, Florida Statutes.

6. CONTRACT DOCUMENT

This Contract constitutes the entire understanding of the parties and consists of the documents listed. In the event there is a conflict between these documents, the conflict will be resolved in the following order of priority:

a. This Contract

b. Scope of Work – Attachment A

c. Price/Rate Sheet – Attachment B

d. ITB – RESPONSE

e. General Contract Conditions – PUR 1000 (10/06), which are incorporated by reference, and available at:

https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_Gen eral_Contract_Conditions.pdf

7. CONTRACT ADMINISTRATION

7.1 Contract Administrator

The OAG’s Contract Administrator is responsible for all aspects of contract administration, including but not limited to creation and maintenance of the contract file, managing changes to the contract, maintaining financial information, and entering contract information into the OAG’s contract tracking system (CTRS). As of the effective date of the Contract, the Contract Administrator is:

Insert Name Bureau of General Services Office of Administrative Services Florida Department of Legal Affairs Physical Address: 107 W. Gaines Street, Tallahassee, Florida 32301 Mailing Address: PL-01, The Capitol, Tallahassee, Florida 32399-1050 Phone: enter number Email: enter email

In the event the OAG changes the Contract Administrator, the OAG will notify the Contractor’s Representative in writing. Such changes do not require a formal written amendment to the Contract.

7.2 Contract Manager

The OAG’s Contract Manager is responsible for all aspects of contract management, including but not limited to managing the receipt, certification, and payment of commodities and contractual services; monitoring and evaluating contractor performance and end user satisfaction; serving as the point of contact for the OAG and contractor; and maintaining a contract management file. As of the effective date of the Contract, the Contract Manager is:

Kairi Sisask/ Administrative Assistant III Physical Address: 107 West Gaines Street, Tallahassee, Florida 32301 Mailing Address: PL-01, The Capitol, Tallahassee, Florida 32399-1050 Phone: 850-414-3494 Email: Kairi.Sisask@myfloridalegal.com

In the event the OAG changes the Contract Manager, the OAG will notify the Contractor’s Representative in writing. Such changes do not require a formal written amendment to the Contract.

7.3 Contractor’s Representative

The Contractor will assume sole responsibility for providing the commodities and services offered in its Response, whether or not the Contractor is the Contractor of said commodities and services or any component…