ITB-23-049 ADA Monitoring Services FINAL.pdf

Invitation to Bid (ITB)

ADA Monitoring Services

FDC ITB-23-049

Peggy Smith, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500

Table of Contents

SECTION 1: Definitions

SECTION 2: Introduction

2.1 Overview

2.2 ITB Timeline

SECTION 3: Key Information

3.1 Background

3.2 Statement of Purpose

3.2.1 ITB Modifications

3.2.2 Order of Precedence

3.3 ITB Outcome

3.3.1 Contract Term and Renewal

3.3.2 Purchases and Invoices

3.3.3 Addition/Deletion of Items or Service Locations

3.3.4 Subcontracts

SECTION 4: Statement of Work

4.1 Specifications

4.1.1 Minimum Qualifications

4.1.2 Contractor Responsibilities

4.1.3 Service Requirements

4.1.4 Estimated Quantities

4.1.5 Reporting Requirements

4.1.6 Data Security and Confidentiality

4.1.7 HIPAA Compliance

4.2 Performance Measures and Financial Consequences

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

5.2 Vendor Questions

5.3 Vendor Ombudsman

5.4 Bid Submissions

5.4.1 Mandatory Documentation

5.4.2 Price Sheet

5.4.3 Contact Information and Scrutinized Company Certification

5.4.4 Bid Contents

5.4.5 Bid Withdrawal

5.5 Other Vendor Requirements

5.5.1 State Licensing Requirement

5.5.2 Vendor Information Portal (VIP) Registration

5.5.3 Substitute W-9

5.6 Public Bid Opening

5.7 Bid Evaluation

5.7.1 Basis of Award

5.7.2 Identical Bids

5.7.3 Rejection of Bids

5.7.4 Bid Disposal

5.8 No Prior Participation or Conflict of Interest

5.9 Protest Procedures

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

6.2 Environmental Considerations

6.3 Intellectual Property

6.4 Insurance

6.5 PCard Payments

6.6 Special Conditions

6.6.1 Retention of Records and Documentation

6.6.2 E-Verify

6.6.3 Cooperation with the Inspector General

6.6.4 Cooperation with the Florida Legislature

6.6.5 Severability

6.6.6 Employment of Department Personnel

6.6.7 Legal Requirements

6.6.8 Prison Rape Elimination Act (PREA)

6.6.9 Security Requirements

Attachment I – Modified Exhibit A, ADA Designated Institutions and Dorms, May 2023

Attachment II – Price Sheet

Attachment III – Vendor's Contact Information and Certification

Attachment IV – Certification of Drug-Free Workplace Program

Attachment V – Settlement Agreement Monitoring Checklist

Attachment VI – Nondisclosure Agreement For Restricted Information

Attachment VII – Business Associate Agreement for HIPAA

Attachment VIII – Security Requirements for Contractors

SECTION 1: Definitions

The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Americans with Disability Act: ADA

1.2 Agency Term Contract (ATC or Contract): The written Contract between the Department and the successful Vendor, which results from this ITB and is mandatory for use by the entire Department.

1.3 Bid: A Vendor’s response to this ITB.

1.4 Business Day: Days Monday through Friday, excluding State holidays or other official closures.

1.5 Contract Manager: The Department employee who will serve as a liaison between the Contractor and Department under the Contract, and will monitor the Contractor’s progress and Contract performance to ensure the procured products and services conform to the Contract’s requirements.

1.6 Day: A calendar day, unless otherwise noted.

1.7 Department or FDC: The Florida Department of Corrections.

1.8 Material Deviation(s): A deviation from the requirements and specifications herein, which, in the

Department’s sole discretion, is not in substantial accord with the requirements and specifications, provides a significant competitive advantage to one Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

1.9 Minor Irregularity: A variation from the requirements and specifications herein that does not give the Vendor a significant competitive advantage or benefit not enjoyed by other Vendors, and does not adversely impact the Department’s interests.

1.10 Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the Visa platform.

1.11 Responsible Vendor: A Vendor who has the capability in all respects to fully perform the Contract requirements and the integrity and reliability that will assure good faith performance.

1.12 Responsive Bid: A Bid, submitted by a Responsible Vendor, which conforms to all material aspects of this ITB.

1.13 Vendor: A legally qualified corporation, partnership, or other business entity submitting a Bid to the Department in response to this ITB.

SECTION 2: Introduction

2.1 Overview

The Department has a need to purchase ADA monitoring services for the Bureau of Engineering Services to establish and maintain compliance with the Settlement Agreement between the Department and Disability Rights Florida.

2.2 ITB Timeline

The Department established the following timeline for this ITB. Each Vendor must adhere to this timeline and any timeline revision(s). The Department will post any timeline revision as an addendum to the ITB advertisement in accordance with Section 3.2.1 of this ITB. All references to the “Timeline” herein refer to the timeline in this Section. All times below are Eastern Time (E.T.).

Event Occurrence Location (if applicable)

Release of ITB 06/30/23 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Last day for written inquires to be received by the Department

07/9/23, by 5:00 p.m.

Submit via email to:

Purchasing@fdc.myflorida.com

Attn: Peggy Smith Subject: ITB-23-049 ADA Monitoring Services

Anticipated Posting of Written

Responses to Written Inquires

07/28/23 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Sealed Bids Due and Opened

08/8/23, by 2:00 p.m.

Florida Department of Corrections Attn: Peggy Smith

ITB-23-049 ADA Monitoring Services 501 S. Calhoun Street

Tallahassee, FL 32399-2500

Anticipated Posting of Recommended

Award 08/29/23

Vendor Information Portal https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com

SECTION 3: Key Information

3.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the FDC has 24,000 full-time employees, incarcerates over 80,000 inmates, and supervises nearly 145,000 offenders in the community. The Department’s Office of Institutions manages 143 facilities statewide, including major institutions, annexes, work camps, road prisons, forestry camps, re-entry centers, and community release centers. The Department’s Office of Community Corrections monitors and supervises adult offenders out of 130 offices within 20 judicial circuits.

The Department divides its operations geographically into four (4) regions: Region I (the Panhandle), Region II (North Florida), Region III (Central Florida), and Region IV (South Florida).

Each region has a Regional Director of Institutions who supervises all Wardens in that region and a Regional Director of Community Corrections who supervises all Circuit Administrators in that region.

3.2 Statement of Purpose

The purpose of this ITB is to secure Responsive Bids from Responsible Vendors to provide ADA monitoring services, to inspect and verify that ADA accommodations and repairs have been made and provided at specified correctional institutions throughout the State. The Department is issuing this ITB to establish an Agency Term Contract (ATC). Specified service locations may be found in Attachment I, ADA Designated Institution and Dorms of this ITB.

3.2.1 ITB Modifications

Once the Department advertises this ITB on the Vendor Information Portal (VIP), if it needs to supplement or modify any portion of its contents or exhibits, attachments, or other materials, it will advertise modified information as an addendum to this ITB on the VIP.

Interested parties are responsible for monitoring the VIP website for addenda relative to this solicitation.

3.2.2 Order of Precedence

All Bids are subject to the terms of this ITB, which in case of conflict shall have the following order of precedence:

A) ITB addenda, in reverse order of issuance;

B) This ITB document, including any attachments or exhibits;

C) Form PUR 1000, referenced in Section 5.1 of this ITB; then

D) Form PUR 1001, referenced in Section 5.1 of this ITB.

3.3 ITB Outcome

3.3.1 Contract Term and Renewal

As a result of this ITB, the Department will award the successful Vendor up to a two (2) year Contract, which may be renewed for up to two (2) additional years, or portions thereof, in accordance with Section 287.057(14), Florida Statutes (F.S). Contract pricing will be fixed, as specified in the Vendor’s completed Attachment II, Price Sheet.

3.3.2 Purchases and Invoices

The Department may issue purchase orders (PO) through MyFloridaMarketPlace

(MFMP)/Ariba on Demand (AOD) and pay for deliverables via PCard. Throughout the

Contract term, the Vendor shall invoice the Department in arrears, as required by Section

215.422, F.S. The Vendor's invoice shall include its name, mailing address, federal tax identification number (FEIN), PO number, the dates of service (if applicable), items provided (if applicable), and all relevant supporting documentation.

3.3.3 Addition/Deletion of Items or Service Locations

The Department reserves the right to add or delete monitoring services and service locations after Contract execution when it is in the Department's best interest and within the general scope of this ITB. The Vendor’s pricing for services and service locations added or substituted must be comparable to the prices established by this ITB. Any modification to add or delete services or service locations will become effective only upon execution of a written amendment to the Contract.

3.3.4 Subcontracts

With prior written consent from the Department, the Vendor may enter written subcontracts to fulfill its Contract duties as indicated in this ITB. The Vendor must disclose anticipated subcontracts at the time of Bid submission and must provide a copy of the proposed subcontract to the Department with its Bid. No subcontract into which the Vendor enters for the performance of its duties under the Contract shall in any way relieve the Vendor of responsibility or liability associated with the performance of its Contract duties. All subcontractors shall comply with the Contract requirements to the same extent as the successful Vendor, including requirements regarding background checks and other security measures.

The Department will only pay the Vendor for deliverables provided under the Contract. The

Vendor shall make all payments to subcontractors within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. The Department shall not be liable to any subcontractor for any expenses incurred under the subcontract.

The Vendor assumes sole responsibility for all expenses and liabilities incurred under a subcontract. If the Vendor fails to pay the subcontractor within seven (7) Business Days, the Vendor shall pay the penalty to the subcontractor in the amount of one-half (1/2) of one percent (1%) of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

SECTION 4: Statement of Work

4.1 Specifications

The Vendor shall provide ADA monitoring services within three (3) Business Days of the Department’s PO issuance unless another time frame is mutually agreed upon by both Parties and reflected in the PO. The monitor shall be a full-time employee of the Contractor’s staff. The Vendor must bid only on the services specified in this ITB. The monitoring services sought in this ITB will be considered deliverables in the Contract.

4.1.1 Minimum Qualifications

The Vendor must possess the following minimum qualifications and experience:

Knowledge of ADA and other disability-related laws for prisons and incarcerated people.

4.1.2 Contractor Responsibilities

A) The monitor shall notify the Department Contract Manager within two (2) Business

Days in the event the monitoring position becomes vacant.

B) The monitor shall be available to meet with Department staff in person, via video conference, or by telephone as required by the Department to discuss all issues related to the completion of all work described in this statement of work.

4.1.3 Service Requirements

A) The monitor shall make two (2) visits to Florida per year, with the first and second visit scheduled to occur in the second half of 2023 (July-December), the third visit to occur in the first half of 2024 (January-June), and the fourth visit to occur in the second half of 2024 (July-December).

B) The monitor shall tour a representative sample of correctional institutions within a

Region on each visit. The specific correctional institutions will be identified by the

Department.

C) The monitor shall inspect the Video Relay Service (VRS) kiosks, video-enabled devices, Teletypewriters (TTYs), Captioned Telephones (CapTels), Video Remote

Interpreting (VRI) services/equipment, lightboards, visual alert systems, the paved tracks, a sample of wheelchairs, and a sample of white canes to evaluate whether the Department has complied with requirements identified in Attachment V, Settlement Agreement Monitoring Checklist.

D) The monitor shall interview a sample of Deaf/Hard of Hearing (D/HOH) inmates, inmates with Vision Disability (IVD), and inmates with Mobile Disabilities (IMD) to evaluate the Department’s compliance with the Settlement Agreement Monitoring

Checklist. The monitor shall also interview a sample of inmates, assigned Inmate

Assistants, and FDC staff, including members of the ADA Team, members of the

Office of Health Services (OHS) including the ADA Nurse and Chief Health Officer, and any on-site interpreter(s).

E) The monitor shall be permitted to observe quarterly ADA inmate meetings, if feasible.

F) The monitor shall return to inspect facilities with significant noncompliance with the

Department’s written consent.

4.1.4 Estimated Quantities

The quantities provided in this ITB are given as an estimate for Vendors to prepare their

Bids and the Department to make an award. Quantities should not be construed as representing the actual quantities to be purchased by the Department. The Department may purchase more or fewer monitoring services than indicated in this ITB.

4.1.5 Reporting Requirements

A) The Vendor shall provide the Contract Manager a report of all site visits within 60

Days after each visit, to summarize compliance with Attachment V, Settlement

Agreement Monitoring Checklist. The Department may, at its sole discretion, develop a format for the Vendor to use in reporting the information above. The Vendor shall utilize any format developed by the Department for this purpose. The Departments’

Contract Manager must approve the format and content of the final report. The

Vendor’s failure to provide a report within 60 Days following each visit shall result in the assessment of financial consequences or termination of the Contract.

B) The report shall include the equipment inspected at each institution, the results of any inspections conducted, a summary of any interviews conducted, and a summary of the ADA inmate meeting, if attended.

4.1.6 Data Security and Confidentiality

The Vendor, its employees, subcontractors, and agents must comply at all times with all

Department data security procedures in the performance of this statement of work as specified in Attachment VI, Nondisclosure Agreement for Restricted Information.

4.1.7 HIPAA Compliance

The Vendor shall be required to execute Attachment VII, Business Associate Agreement for HIPPA, and to comply with all provisions of State and federal law regarding the confidentiality of patient information.

4.2 Performance Measures and Financial Consequences

The Department desires to contract with a Vendor who demonstrates its willingness to be held accountable for the achievement of successful Contract performance. By submitting a Bid, the

Vendor agrees to the Department’s assessment of financial consequences, which are not intended to be a penalty but to incentivize the Vendor’s performance under the Contract.

The performance measures below list the key expectations most critical to the success of the

Contract and the financial consequence the Department will assess if an expectation is not met.

If a Vendor is unable to achieve a performance measure expectation because of unforeseen circumstances outside of its control, the Vendor may submit a written request, in advance, to the

Contract Manager to waive the assessment of the associated financial consequence. The

Contract Manager will then review the request to determine whether mitigating circumstances existed beyond the Vendor’s control. For the Department to approve the request, the Vendor must not have contributed to the failed expectation in any manner. The Department does not waive its ability to assess financial consequences by allowing the delivery of an item(s) or completion of services after the time allowed. Nothing in this section shall limit the Department’s right to pursue other remedies available at law or in equity.

Performance Measures (PM)

No. Description Expectation Measurement Financial

Consequence

PM-001

The Vendor shall complete the service requirement in accordance with

Section 4.1.3.

Timely Service Per Occurrence

$50 per Day after the allotted time allowed by Contract or PO.

PM-002

The Vendor shall provide the report(s) required in Section 4.1.5 to the Department within 60 Days following each visit.

Timely Receipt of Report Per Occurrence

$100 per Day after the time allowed by the

Contract or PO.

[Remainder of Page Left Intentionally Blank]

SECTION 5: Bid Process and Vendor Information

5.1 General Instructions

The State’s General Contracting Conditions (Form PUR 1000) and General Instructions to

Respondents (Form PUR 1001) may be viewed at the link below and are hereby incorporated by reference in their entirety as part of this ITB.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources

/state_purchasing_pur_forms.

The terms and conditions set forth within this ITB supersede any conflicting terms and conditions set forth within Forms PUR 1000 or PUR 1001.

5.2 Vendor Questions

Interested Vendors may email questions relating to this ITB to the Procurement Officer listed below. Questions must be received by the deadline in the ITB Timeline. Oral inquiries, or those submitted after the deadline, will not be acknowledged.

Procurement Officer:

Peggy Smith Bureau of Procurement Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3700 Email: Purchasing@fdc.myflorida.com

The Department will post its answers to written questions to the VIP on or about the date referenced in the Timeline.

Between the release of the solicitation, and the end of the 72-hour period following the advertisement of the Notice of Agency Decision (the 72-hour period excludes Saturdays, Sundays, State holidays, and other official closures), Vendors responding to this ITB, and persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the

Procurement Officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), F.S.

Persons requiring special accommodations to respond to this ITB because of a disability should contact the Bureau of Procurement at (850) 717-3700, at least five (5) Days before any Bid opening or public meeting. Persons who are deaf, hard-of-hearing, deaf-blind, or speech-disabled may contact the Bureau of Procurement by using the Florida Relay Service at (800) 955-8771

(TTY/ASCII).

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any oral discussion with a State employee related to this ITB. Only written communications from the 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 mailto:Purchasing@fdc.myflorida.com http://www.myflorida.com/apps/vbs

Procurement Officer are considered duly authorized expressions on behalf of the Department.

Only written communications from a Vendor will be recognized as duly authorized expressions on behalf of the Vendor. Any discussion by a Vendor with an employee or representative of the

Department, involving cost or price, and occurring before the Department advertises its notice of agency decision, may result in the rejection of that Vendor's Bid.

5.3 Vendor Ombudsman

A vendor ombudsman has been established within the Florida Department of Financial Services

(DFS). The duties of this office include acting as an advocate for Vendors who may experience problems in obtaining timely payment(s) from a State agency. The vendor ombudsman may be contacted by calling the Florida Department of Financial Services at (850) 413-5516.

5.4 Bid Submissions

Before submitting a Bid, Vendors should check the Vendor Information Portal for any ITB modification(s) as outlined in Section 3.2.1. Neither the Department nor the State of Florida is liable for any costs incurred by a Vendor in response to this ITB.

A Vendor must prepare its Bid simply and economically, providing a straightforward, concise delineation of the Vendor's capability to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional materials are discouraged. Bids must be complete and clear.

To expedite the Department’s review of Bids, Vendors must adhere to the following instructions:

A) Bids must be sent by U.S. Mail, Courier, Overnight, or hand-delivered to the location indicated in the Timeline. Electronic submission of Bids will not be accepted.

B) Bids must be submitted in a sealed envelope/package with ITB-23-049 and the date/time of the Public Bid Opening clearly marked on the outside of the envelope/package.

C) It is the Vendor's responsibility to ensure its Bid is delivered to the proper place and time as stipulated in the Timeline.

D) Bids received after the Bid Deadline provided in the Timeline will not be accepted.

E) Vendors should submit one (1) original hard copy Bid and one (1) electronic Bid copy in searchable PDF format on a USB flash drive. The electronic copy must contain the entire Bid as submitted, including all supporting and signed documents. USB flash drives submitted should not be password protected.

F) If the Vendor considers any portion of its Bid to be confidential, trade secret, or otherwise exempt from disclosure under Chapter 119, F.S., the Florida Constitution, or another legal authority, the Vendor must also simultaneously provide the Department a redacted copy of its Bid in both hard copy and electronic forms and provide a brief written description of its grounds for claiming exemption from public record, including the specific statutory citation for such exemption. This redacted copy shall be titled “Redacted Copy.” The redacted copy must be provided to the Department at the same time the Vendor submits its Bid and must only exclude or redact those exact portions of the Bid claimed confidential, proprietary, or trade secret. The Vendor shall be responsible for defending its assertion that the redacted portions of its Bid are confidential, trade secret, or otherwise exempt from disclosure. Further, the Vendor shall protect, defend, and indemnify the Department for any claims arising from, or relating to, the Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise exempt from disclosure. If the Vendor fails to submit a redacted copy with its Bid, the Vendor explicitly authorizes the Department to produce its entire Bid contents in answer to a request for public records. In no event shall the Department, or any of its employees, or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this Bid.

5.4.1 Mandatory Documentation

Vendors must complete and submit the following documentation with their Bids:

A) Price Sheet (Attachment II); and B) Vendor’s Contact Information and Certification (Attachment III) C) One (1) original hard copy and one (1) electronic Bid Copy.

5.4.2 Price Sheet

The Vendor shall complete and submit Attachment II, Price Sheet, to bid on this ITB.

Vendors should ensure they are using the most current version of the Price Sheet before submitting their Bids by checking the VIP for any ITB modifications as outlined in Section

3.2.1. If the Department approved any equivalent items during the question/answer phase of this ITB, then the Department will modify the Attachment II, Price Sheet to reflect the approved equivalent items. By submitting a Bid in response to this ITB, a Vendor warrants its agreement to the prices submitted. Vendors should submit Bids with the most favorable pricing the Vendor can offer the State. Any modifications, qualifications, counteroffers, deviations, or challenges will be rejected and may render a Bid non-responsive. The

Department may reject any Vendor’s Price Sheet that includes inconsistencies, inaccuracies, or is incomplete.

Bids must be firm prices and inclusive of all packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

The Department is exempt from paying federal excise taxes and sales tax on direct purchases of commodities or services.

If a Price Sheet includes inconsistencies, inaccuracies, or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail.

The services sought in this ITB will be considered deliverables in the Contract.

If the Price Sheet is not included in a Vendor’s Bid, the Bid will be deemed non-responsive.

5.4.3 Contact Information and Scrutinized Company Certification

The Vendor must certify it is not listed on the Scrutinized Companies that Boycott Israel

List, created under Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the Contract exceeds $1,000,000.00 in total, not including renewal years, the

Vendor must certify that they are not listed on either 1) the Scrutinized Companies with

Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List created under Section 215.473, F.S., and they are not engaged in business operations in Cuba or Syria, as stated in Section 287.135(2)(b)2, F.S. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Vendor agrees the

Department may immediately terminate the Contract for cause if the Vendor is found to have submitted a false certification or if the Vendor is placed on the Scrutinized

Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the

Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the Contract.

Any company that submits a Bid must certify that the company is not participating in a boycott of Israel.

Vendors shall accomplish this certification(s) by completing and returning Attachment III, Vendor’s Contact Information and Certification. If Attachment III is not included in the

Vendor’s Bid, it will be deemed non-responsive.

5.4.4 Bid Contents

All documents produced or provided as part of any Bid or this ITB process shall become and remain the exclusive property of the Department and may not be removed by the

Vendor or its agents. The Department has the exclusive right to use any or all ideas, adaptations of ideas, or content presented in any Bid. Selection or rejection of a Bid shall not affect this right.

5.4.5 Bid Withdrawal

After submission, a Vendor may withdraw its Bid by submitting a written request to the

Procurement Officer. A Vendor’s request to withdraw their Bid must originate from the email of their duly authorized representative or be signed by their duly authorized representative. The Department must receive such requests within 72 hours of the Public

Bid Opening Date indicated in the Timeline.

If multiple Bids are received from the same Vendor, and the Vendor has not withdrawn one (1) of its Bids, then the Department will only evaluate the Vendor’s Bid received last.

All other Bids shall remain valid for 180 Days from the Bid Deadline.

5.5 Other Vendor Requirements

5.5.1 State Licensing Requirement

All entities defined under Chapters 607, 617 or 620, F.S., seeking to do business with the

Department must be on file and in good standing with the Florida Department of State at the time of Bid submission.

5.5.2 Vendor Information Portal (VIP) Registration

All contractors doing business with the State as defined in Section 287.012, F.S., must register in the Vendor Information Portal (VIP) system unless exempted under Rule 60A-

1.033, Florida Administrative Code (F.A.C.). State agencies shall not agree to purchase commodities or contractual services with any Vendor not registered in VIP unless exempted by rule. A Vendor not currently registered in VIP shall do so within five days of the ITB award. Vendors may complete their VIP registrations at:

http://vendor.myfloridamarketplace.com. Vendors needing assistance regarding their VIP registration may contact the MFMP Customer Service Desk at (866) 352-3776 or vendorhelp@myfloridamarketplace.com.

Per Section 287.057(24), F.S., and Rule 60A-1.031, F. A. C., Vendors shall pay a small transaction fee on all payments they receive from the State, unless exempt under Rule

60A-1.031, F.A.C. This transaction fee is non-refundable, and the failure of a Vendor to pay as required may result in their exclusion of future business opportunities with the

State.

5.5.3 Substitute W-9

The Florida Department of Financial Services (DFS) requires all Vendors doing business with the State to submit a Substitute W-9 Form electronically. To submit Forms, find frequently asked questions, and receive other assistance, Vendors can visit https://flvendor.myfloridacfo.com. For additional help, Vendors may contact DFS at (850)

413-5519 or FLW9@myfloridacfo.com.

5.6 Public Bid Opening

Bids are due and will be publicly opened at the time, date, and location specified in the Timeline.

The Department will not accept or consider Bids received after the Bid Deadline. Vendors may not modify their Bids after the Bid Deadline. Department staff are not responsible for the accidental opening of a Bid that has been improperly sealed or not addressed as indicated in the Timeline.

5.7 Bid Evaluation

5.7.1 Basis of Award

The Department intends to issue an award to the Responsible Vendor who submits a

Responsive Bid with the lowest Grand Total Price, as evidenced in Attachment II, Price

Sheet. A Vendor must bid on all item for its Bid to be considered responsive.

In the event the Responsible Vendor with the lowest Grand Total Price is found non-responsive, the Department may proceed to the next Responsive Bid from a Responsible

Vendor with the next lowest Grand Total Price and continue the award process.

5.7.2 Identical Bids

If the Department receives identical pricing or scoring from multiple Vendors, the

Department shall determine the order of award using the following criteria:

A) If two (2) equal responses are received, and one (1) response is from a certified minority business enterprise, the Department will award a Contract to the certified minority business enterprise in accordance with Section 287.057(12) F.S.

B) Per Section 295.187(4), F.S., when considering two (2) or more Bids, at least one (1) of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, the Department http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com shall award a Contract to the certified veteran business enterprise. If a veteran business enterprise and one (1) or more businesses entitled to a preference by law submit Bids, which are equal with respect to all relevant considerations including price, quality, and service, the Department shall award a Contract to the business having the smallest net worth.

C) Per Section 287.087, F.S., whenever two (2) or more Bids that are equal with respect to price, quality, and service are received by the Department, the Bid from a business that certifies it has implemented a drug-free workplace program shall be given preference in the award process. A Vendor may certify it has implemented a drug-free workplace program by completing Attachment IV, Certification of Drug-Free

Workplace.

D) Per Section 287.082, F.S., whenever two (2) or more competitive sealed bids are received, one (1) or more of which relates to commodities manufactured, grown, or produced within the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this State shall be given preference.

E) Per Section 287.092, F.S., any foreign manufacturing company with a factory in the

State and employing over 200 employees working in the State shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured.

5.7.3 Rejection of Bids

The Department reserves the right to accept or reject any Bids or separable portions thereof and waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve its best interest(s). The Department may reject any Bid not submitted in the manner specified in this ITB and those otherwise considered non-responsive. Material deviations cannot be waived by the Department and shall result in a

Bid being deemed non-responsive.

5.7.4 Bid Disposal

All Bids submitted shall become the property of the Department and will be considered public records, subject to the provisions of Chapter 119, F.S.

5.8 No Prior Participation or Conflict of Interest

Per Section 287.057(19)(c), F.S., a person who receives a contract that has not been procured pursuant to Subsections (1)-(3) of S. 287.057, F.S. 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.

The Department considers participation in a solicitation to be any actions related to the 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, auditing, or functioning in any other advisory capacity.

The Vendor shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent, or employee of the Vendor. Officers, agents, or employees of the

Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made by anyone for, or on behalf of, the Department. The Vendor shall have no interest and shall not acquire any interest that conflicts in any manner, or degree, with the performance of the services required under this ITB.

Per Section 287.057(19), F.S., the Department shall avoid, neutralize, or mitigate significant potential organizational conflicts of interest before award of a contract and may not proceed with an award if a conflict of interest exists based upon the Vendor’s gaining of an unfair competitive advantage.

5.9 Protest Procedures

Under Section 120.57(3), F.S., any person who is adversely affected by the agency decision or intended decision shall file a notice of protest or formal written protest with the Department's

Agency Clerk. Filings may be made physically at 501 South Calhoun Street, Tallahassee, Florida

32399-2500, by email to CO-GCAgencyClerk@fdc.myflorida.com, or by fax to (850) 922-4355.

Protests must be made in compliance with Rules 28-110.003, 28-110.004, and 28-110.005, F.A.C. Filings received after the business hours of Monday – Friday from 8:00 a.m. to 5:00 p.m.

ET will be filed the next Business Day.

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

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mailto:CO-GCAgencyClerk@fdc.myflorida.com

SECTION 6: Other Terms and Conditions

6.1 Vendor Diversity

The State of Florida is committed to supporting its diverse business industry and population by ensuring participation by minority-owned, women-owned, and veteran-owned business enterprises in the State's economic life. The Department works in conjunction with the Florida

Department of Management Services, Office of Supplier Diversity, to provide training on how to access its procurement opportunities.

The Office of Supplier Diversity offers resources to diverse business enterprises, including the

Mentor Protégé Program, which connects eligible business enterprises with private corporations for business development mentoring. For more information, including contact information, on the

Mentor Protégé Program, Vendors may visit the Office of Supplier Diversity's website at:

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.

6.2 Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. If applicable, the Vendor shall submit a plan to support the procurement of commodities and materials with recycled content, referencing the intent of Section 403.7065, F.S. The Vendor shall also provide a plan, if applicable, for reducing or handling hazardous waste generated by the

Vendor's company, referencing Rule 62-730.160, F.A.C. The Florida Department of

Environmental Protection requires any generator of hazardous waste materials exceeding certain thresholds to have a valid and current hazardous waste generator identification number. This identification number shall be submitted as part of the Vendor's explanation of its hazardous waste plan and shall explain, in detail, its handling and disposal of this waste.

6.3 Intellectual Property

To the extent that the Contract requires a Vendor to produce original writing, sound recordings, pictorial reproductions, drawings, other graphic representation, or works of any similar nature, the

Department has the right to use, duplicate, and disclose such materials, in whole or in part, in any manner, for any purpose whatsoever, and to allow its agents to do the same. If the materials developed are subject to copyright, trademark, patent, or legal title, then every right, interest, claim, or demand of any kind, in and to any patent, trademark or copyright, or application for the same, will vest in the Florida Department of State for the exclusive use and benefit of the State.

Under Section 286.021, F.S., no person, firm, or corporation, including parties to the Contract, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the

Florida Department of State.

The Department shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the

Vendor. All computer programs, documents, and other intellectual property produced as part of the Contract shall become the exclusive property of the Florida Department of State, except for data processing software developed by the Department under Section 119.084, F.S. The Vendor http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ and its employees and agents may not remove any such property without the express written consent of the Department.

The Vendor, without exception, shall indemnify and hold harmless the Department, and its employees, from liability of any nature or kind, including costs and expenses, for, or on account of, any copyrighted, patented, or unpatented invention, process, or article, manufactured or supplied by the Vendor. The Vendor has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article equipment or data not supplied by the Vendor or is based solely and exclusively upon the Department's alteration of the article. The Department will provide prompt written notification of a claim regarding copyright or patent infringement and afford the Vendor full opportunity to defend the action and control the defense of such claim. If such a claim is made or is pending, the Vendor may, at its option and expense, procure for the

Department the right to continue use, replacement, or modification of the article to render it non-infringing. (If none of the alternatives are reasonably available, the Department agrees to return the article to the Vendor upon its request and receive reimbursement, fees, and costs, if any, as may be determined by a court of competent jurisdiction.) If the Vendor uses any design, device, or material covered by letter, patent, or copyright, it is mutually agreed and understood, without exception, that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials.

6.4 Insurance

The Vendor agrees to provide adequate, comprehensive insurance coverage and hold such insurance during the existence of the Contract. The Vendor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Vendor and the Department under the Contract. At minimum, such insurance shall include workers' compensation (if the Vendor employs workers) and employer’s liability coverage, per Florida statutory limits; commercial general liability coverage; and automobile liability insurance covering all vehicles used in the course of Contract performance.

The Vendor may be required to furnish the Department with written verification of such insurance coverage upon request. A self-insurance program established and operating under the laws of the State may be provided as coverage. The Department reserves the right to require additional insurance where appropriate.

If the Vendor is a State agency or subdivision as defined in Section 768.28, F.S., the Vendor shall furnish the Department, upon request, written verification of liability protection under Section

768.28, F.S. Nothing herein shall be construed to extend any Vendor's liability beyond that provided in Section 768.28, F.S.

6.5 PCard Payments

Upon mutual agreement of both the Department and Vendor, the Vendor will accept and receive payments via PCard in the same manner it receives other Visa card purchases. To find out more about the State’s PCard program, Vendors may visit:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agr eements/state_term_contracts/purchasing_card_services.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contracts/purchasing_card_services https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contracts/purchasing_card_services

6.6 Special Conditions

6.6.1 Retention of Records and Documentation

To the extent that information is utilized in the performance of the Contract or generated as a result of it, and to the extent that information meets the definition of "public record," as defined in Section 119.011(12), F.S., that information is recognized as a public record.

Absent a provision of law, rule, or regulation requiring otherwise, public records shall be made available for inspection and copying by any person upon request as provided in

Chapter 119, F.S. By submitting a Bid, the Vendor agrees to the following:

A) The Vendor shall keep and maintain public records required by the Department to perform the service.

B) Upon request of the Department, the Vendor shall provide a copy of the records requested or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or otherwise provided by law. Upon request of the Department, the Vendor shall provide all records stored electronically to the Department in a format compatible with the

Department's information technology systems.

C) The Vendor shall ensure that public records exempt or confidential and restricted from public records disclosure requirements are not disclosed, except as authorized by law for the duration of the Contract term, and longer if the Vendor does not transfer the records to the Department at the end of the Contract.

D) At the end of the Contract, the Vendor shall transfer all public records in its possession to the Department at no cost or shall keep and maintain public records as required by the Department. If the Vendor transfers all public records to the

Department upon completion of the Contract, the Vendor shall destroy any duplicate public records that are confidential or otherwise exempt from public records disclosure requirements. If the Vendor keeps and maintains public records at the end of the Contract, the Vendor shall continue to meet all applicable requirements for retaining and disclosing public records.

E) The Vendor shall retain all documents related to the goods or services provided under this ITB for five (5) years after the Contract ends unless State or federal law requires a longer retention period. Under Section 287.058(1)(c), F.S., the

Department may unilaterally cancel the Contract if the Vendor refuses to enable public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with the Contract unless the records are exempt from

Art. I, Section 24(a), Florida Constitution and Section 119.07(1), F.S.

F) The Vendor agrees to hold the Department harmless from any claim for damages, including reasonable attorneys' fees and costs, and from any fine or penalty imposed due to failure to comply with the public records law or improper disclosure of confidential information. Further, the Vendor promises to defend the Department against the same at the Vendor’s expense.

6.6.2 E-Verify

Every public employer, contractor, and subcontractor shall register with and use the E- Verify system, https://www.e-verify.gov/employers, to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor shall not enter into a contract unless each party to the contract registers with and uses the E-Verify system in accordance with Section 448.095, F.S.

6.6.3 Cooperation with the Inspector General

In accordance with Section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning this Contract.

6.6.4 Cooperation with the Florida Legislature

In accordance with Section 287.058(7), F.S., the Vendor agrees to disclose any requested information relevant to the performance of the Contract to members or staff of the Florida Senate or Florida House of Representatives, as required by the Florida Legislature. The Vendor is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement.

6.6.5 Severability

The invalidity or unenforceability of any particular provision shall not affect the enforceability of any other provisions herein and shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purposes can still be determined and effectuated.

6.6.6 Employment of Department Personnel

The Vendor shall not knowingly engage, employ, or utilize, on a full-time, part-time, or another basis, any current or former employee of the Department, during the term of the Contract, where such employment conflicts with Section 112.3185, F.S.

6.6.7 Legal Requirements

The applicable provision(s) of all federal, State, and local laws, and all ordinances, rules, and regulations shall govern development, submittal, and evaluation of all Bids received in response to this ITB and shall govern any claims and disputes which may arise between Vendors and the State of Florida, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise. Lack of knowledge by any Vendor shall not constitute a cognizable defense against the legal effect thereof.

6.6.8 Prison Rape Elimination Act (PREA)

The Vendor shall comply with the national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part

115. The Vendor will also comply with all Department policies and procedures related to PREA, which will be available to the Vendor upon request.

6.6.9 Security Requirements

The successful Vendor shall comply with the Department’s security requirements and the Department’s Restricted Procedure number 602.016, Entering and Exiting Department of Corrections Institutions.