ITB 24_25-33_Genetic Testing and Collections.pdf

RESPONDENT CONTACTS: Please provide the name, title, address, telephone number and e-mail address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

FLORIDA DEPARTMENT OF REVENUE

INVITATION TO BID

CONTRACTUAL SERVICES – Acknowledgement Form

Page 1 of 151 pages SUBMIT BID TO:

Florida Department of Revenue Procurement Office Building 2, Suite 1600 2450 Shumard Oak Boulevard

Tallahassee, Florida 32399-0109

AGENCY RELEASE DATE:

9/20/2024

SOLICITATION TITLE: SOLICITATION NO:

DNA Collection and Testing Services for Paternity Establishment DOR ITB 24/25-33

BIDS WILL BE OPENED:

10/15/24 @ 3:00 PM and may not be withdrawn within 180 days after such date and time.

VENDOR NAME:

VENDOR MAILING ADDRESS:

CITY – STATE – ZIP:

*AUTHORIZED SIGNATURE (MANUAL)

PHONE NUMBER:

FREE NUMBER:

FAX NUMBER: *AUTHORIZED SIGNATURE (TYPED), TITLE

EMAIL ADDRESS:

FEID NO.: *This individual must have the authority to bind the respondent.

TYPE OF BUSINESS ENTITY (Corporation, LLC, partnership, etc.):

I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the Bidder is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements. In submitting a bid to an agency for the State of Florida, the Bidder offers and agrees that if the Bid is accepted, the Bidder will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Bidder.

TABLE OF CONTENTS

CONTRACTUAL SERVICES – ACKNOWLEDGEMENT FORM

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Procurement Officer/Contact Person

2.2 Statement of Purpose

2.3 Background

2.4 Restriction on Communications

2.5 Procurement Overview

2.6 Definition of Requirements

2.7 Vendor Admonishments

2.8 Reserved Rights

SECTION 3.0 PROCUREMENT PROCESS, SCHEDULE AND CONSTRAINTS

3.1 Procurement Process

3.2 Procurement Schedule

3.3 Procurement / Contracting Constraints

SECTION 4.0 STANDARD BID RESPONSE INFORMATION

4.1 Submission of Bids

4.2 Vendor Certifications

4.3 Disclosure of Replies

4.4 Authorized Signature

4.5 Bid Duration

4.6 Vendor Expenses

4.7 Work Location & Site

4.8 Confidentiality of Information and Background Checks

4.9 Security Requirements

4.10 Subcontracts & Joint Ventures

4.11 General Contract Provisions

4.12 Altering of a Bid

SECTION 5 STANDARD CONTRACT INFORMATION

5.1 Type of Contract

5.2 Contractor

5.3 Contract Approval and Term

5.4 Renewals

5.5 Contract Funding

5.6 Proposed Payment Procedures

5.7 Invoice Review, Acceptance and Payment

5.8 Unknown, Unanticipated, Unspecified Tasks

5.9 CHANGE ORDERS

5.10 Response as Part of The Contract

5.11 Contract Personnel

5.12 Unauthorized Employment of Alien Workers

5.13 Assignment

5.14 Laws and Permits

5.15 Standard Contract Provisions

5.16 Severability

5.17 Insurance Requirements

5.18 Additional Requirements Due To Federal Funding

SECTION 6 – SCOPE OF WORK

6.1 Category A: DNA Testing Contractor

6.2 Category B - DNA Collection Contractor

6.3 Security and Supporting Information

6.4 Performance Accountability Measures and Financial Consequences

SECTION 7 – SUBMISSION OF BID

7.1 General Instructions to Respondents

7.2 Delivery

7.3 Bid Versions

7.4 Format, Quantity and Media

7.5 Content

ATTACHMENT A: CERTIFICATION OF DRUG FREE WORKPLACE

ATTACHMENT B: VENDOR CERTIFICATION FORM – PUR 7801

ATTACHMENT C: NOTICE OF NO CONFLICT OF INTEREST

ATTACHMENT D: STATEMENT OF NO INVOLVEMENT

ATTACHMENT E: ORGANIZATIONAL CONFLICTS OF INTEREST CERTIFICATION

ATTACHMENT F: VENDOR RESPONSIBILITY DISCLOSURE

ATTACHMENT G: AGREEMENT TO MAINTAIN THE SECURITY OF CONFIDENTIAL

INFORMATION

ATTACHMENT H: SECURITY ACKNOWLEDGEMENT

ATTACHMENT I: 1 CONTRACTOR REFERENCES

ATTACHMENT I: 2: VENDOR PAST PERFORMANCE FORM

ATTACHMENT J: SUB-CONTRACTOR FORM

ATTACHMENT K: COST SHEET FOR CATEGORY A, DNA TESTING CONTRACTOR

EXHIBIT 1 - SAMPLE CONTRACT

EXHIBIT 2 - PUR 1000

EXHIBIT 3: PUR 1001

EXHIBIT 4 – DATA EXCHANGE REQUIREMENTS FOR CATEGORY A-DNA TESTING – DAILY

FILE FROM THE DNA TESTING CONTRACTOR TO THE DEPARTMENT

EXHIBIT 5 – DATA EXCHANGE REQUIREMENTS FOR CATEGORY B-DNA COLLECTION –

DAILY FILE FROM THE DEPARTMENT TO THE CONTRACTOR

EXHIBIT 6 – DATA EXCHANGE REQUIREMENTS FOR CATEGORY B-DNA COLLECTION –

DAILY APPOINTMENT FILE FROM DNA COLLECTION CONTRACTOR

EXHIBIT 7 – DATA EXCHANGE REQUIREMENTS FOR CATEGORY B-DNA COLLECTION –

DAILY COLLECTION FILE FROM DNA COLLECTION CONTRACTOR

EXHIBIT 8 – DNA TESTING CONTRACTOR MONTHLY PERFORMANCE REPORT

EXHIBIT 9 – DNA TESTING CONTRACTOR QUARTERLY OPERATIONAL EFFECTIVENESS

REPORT

EXHIBIT 10 – DNA TESTING CONTRACTOR QUARTERLY OPERATIONAL EFFECTIVENESS

REPORT INSTRUCTIONS

EXHIBIT 11 – DNA TESTING CONTRACTOR MONTHLY INVOICE SUBSTANTIATING REPORT

EXHIBIT 12 – DNA TESTING CONTRACTOR MONTHLY INVOICE AND SUPPORTING

DOCUMENTATION

EXHIBIT 13 – DNA COLLECTION CONTRACTOR MONTHLY PERFORMANCE REPORT 144

EXHIBIT 14 – DNA COLLECTION CONTRACTOR QUARTERLY OPERATIONAL EFFECTIVENESS

REPORT

EXHIBIT 15 – DNA COLLECTION CONTRACTOR QUARTERLY OPERATIONAL EFFECTIVENESS

REPORT INSTRUCTIONS

EXHIBIT 16 – DNA COLLECTION CONTRACTOR MONTHLY INVOICE SUBSTANTIATING

REPORT

EXHIBIT 17- DNA COLLECTION CONTRACTOR MONTHLY INVOICE AND SUPPORTING

DOCUMENTATION

EXHIBIT 18- CSP SERVICE CENTER LIST

SECTION 1 – DEFINITIONS

The following terms used in this Invitation to Bid (ITB) have the following meanings unless the context otherwise clearly requires a different construction and interpretation:

Term Definition

Breach of Contract

The condition of the relationship between the Department and the Contractor that exists when the Contractor fails to perform under the terms and conditions of the Contract that may result from this Invitation to Bid.

Business Days A day that is not a Saturday, Sunday, or federal or State of Florida holiday.

Contract The agreement that may result from this Invitation to Bid between the selected vendor and the Department.

Contractor

The organization or individual providing commodities and/or services to the Department in accordance with the terms and conditions of the Contract that may result from this Invitation to Bid. The term “Contractor” shall include all employees, agents, volunteers, and anyone acting on behalf of, in the interest of, or for, the Contractor.

CMBE Certified Minority Business Enterprise.

Day Unless specified otherwise, “day” shall be interpreted to mean calendar day, not working day.

Department Florida Department of Revenue, referred to in this ITB as “Department” or “FDOR.”

DFS Florida Department of Financial Services.

DMS Florida Department of Management Services.

FEIN Federal Employer Identification Number.

FFP Firm Fixed Price.

IRS Internal Revenue Service.

IT Information Technology.

Key Personnel Contractor’s staff identified in the Bid as essential to complete the Project.

Mandatory Responsiveness Requirements

Mandatory responsiveness requirements are terms, conditions or requirements that must be met by the bidder to be responsive to this Invitation to Bid. Failure to meet these mandatory requirements will cause rejection of a bid.

Material Deviation

A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this Invitation to Bid requirements, provides an advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department or otherwise adversely impact the Department’s interest.

MBE Minority Business Enterprise.

Minor Irregularity

Variations from the Invitation to Bid terms and conditions that do not affect the price of the bid or give the vendor an advantage or benefit not enjoyed by the other vendors or do not adversely impact the interests of the State.

P-Card The State of Florida’s purchasing card program, using the Visa platform.

.pdf Portable Document Format.

Performance Measure Criteria used to determine if a deliverable is Acceptable to the Department.

Project The total work to be completed under the Contract.

Project Coordinator The Department’s authorized representative who leads the Project Team and serves as the primary contact with the Contractor.

Project Team The Department’s team established to provide Project oversight and manage the interface between the Contractor and the other working units within the Department.

Project Manager The Contractor’s authorized representative who directs and manages all Contractor personnel and activities.

Respondent The entity that submits materials to the Buyer in accordance with the instructions contained herein.

Responsive Bid A Bid submitted by a responsive vendor that conforms in all material respects to the solicitation.

SOW Statement of Work.

Subcontractor Any person other than an employee of the Contractor who performs any of the services listed in this ITB for compensation.

United States Includes entities with a Title IVD Program, specifically, the fifty states, District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands

Vendor

Any firm, entity, or person who submits a Bid to the Department in response to this ITB. The entity identified as the vendor in the ITB will be the entity contracted with, should the entity become the successful vendor.

Winning or Successful Vendor The business or entity awarded the Contract under this ITB.

SECTION 2 – INTRODUCTION

2.1 Procurement Officer/Contact Person

Questions related to this procurement should be addressed to:

Donna Robertson, Purchasing Specialist Mail Stop 2-1654 5050 W. Tennessee St.

Tallahassee, FL 32399-0109 Phone (850) 717-7016 E mail address: Donna.Robertson@floridarevenue.com

2.2 Statement of Purpose

The purpose of this Invitation to Bid is to secure competitive bids from qualified vendors who are able to provide:

2.2.1 DNA testing services for paternity establishment and/or

2.2.2 DNA collection services.

This ITB is for two different yet related types of services and is, therefore, divided into two separate award categories. The two types of services the Department seeks are for DNA testing for paternity establishment (Category A) and for DNA collection services (Category B). The awarded Contractor for Category A must be accredited by the American Association of Blood Banks (AABB) and shall provide services in accordance with Florida Statutes and other applicable laws.

Qualified Contractor may bid on Category A only, Category B only, or on both Category A and B. The Department will evaluate bids for Category A and Category B separately. The Department may award a separate contract for each award category to different bidders. The award(s) will be to the lowest, responsive, and responsible bidder(s) for each category.

This procurement shall be accomplished through issuance of a two-party contract. A sample contract has been provided as Exhibit 1 – DOR Sample Contract of this ITB.

2.3 Background

The purpose of conducting genetic tests for the Florida Department of Revenue, Child Support Program is to conclusively determine the paternity of children. DNA sample collection and DNA testing are often necessary for a legal determination of paternity. Legal authority includes and is not limited to:

42 USC 666(a)(5)(B), 666(c)(1)(A) 45 CFR 303.5, 303.11(b)(3) Sections 409.256, and 742.12 , F. S.

The annual volume of DNA testing may increase or decrease throughout the term of a Contract. The Department does not guarantee that its testing volume will increase, decrease, or remain the same as in past years.

2.4 Restriction on Communications

Vendors responding to this solicitation or person acting on their behalf may not contact, between the release of this solicitation and the end of the seventy-two (72) hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer named above. Violation of this provision may be grounds for rejecting a bid.

2.5 Procurement Overview

This procurement is released as a “Invitation to Bid” (ITB). The procurement process is described in Section 3. Solicitation related documentation will be available on the Florida Department of Management Services’ (DMS) Vendor Information Portal (VIP), and vendors are responsible for monitoring the site for new or updated information. Information available on the VIP includes but is not limited to the Invitation to Bid, amendments, and questions/answers. Accessing the VIP is described in Section 3.1.1.

Sealed bids are to be submitted to the FDOR as specified in Section 7. The Department will first determine if the bids received are responsive. Once this determination is made, the Department will proceed with determining if the apparent low bidder is mailto:Donna.Robertson@floridarevenue.com https://www.flsenate.gov/Laws/Statutes/2024/409.256 https://www.flsenate.gov/Laws/Statutes/2024/742.12 responsible through review of references and other means as necessary. The contract award will be made to the lowest responsive and responsible bidder.

Award and continuation of the contract is contingent upon the availability of funds. In order to be awarded a contract, a vendor must be registered with DMS via MyFloridaMarketPlace, and if required, the Florida Department of State (DOS), Division of Corporations.

Vendors are required to carefully examine this ITB and be thoroughly informed regarding the requirements.

2.6 Definition of Requirements

Within this ITB the use of “shall” or “must” indicates a mandatory requirement or mandatory action. FDOR may consider failure to meet a mandatory requirement to be a material deficiency, in which case FDOR may reject the Response and not consider it further.

The use of “should” or “may” indicates a desired requirement. FDOR will not reject a Response just because it fails to meet a desired requirement.

2.7 Vendor Admonishments

To submit a successful bid to this ITB, the Vendor must carefully follow all directions in this ITB.

Vendors are responsible for monitoring the VIP website for new or updated information related to this ITB. The location of the VIP is described in Section 3.1.1.

Vendors are strongly advised to carefully read the entire ITB to fully understand the program and ITB requirements before writing and submitting a bid.

Vendors must follow the procurement process described in Section 3.

Vendors should submit a bid to perform all of the required activities described in Section 6.

Vendors should submit a bid that fully complies with the required organization, format, and contents specified in Section 7.

Vendors must carefully review the attached Sample Contract (Exhibit 1). No alteration of Contract will be permitted without prior written approval from FDOR. Be advised that many of the provisions of FDOR’s standard contract are required pursuant to Florida Statutes (F.S.), provisions of the Florida Administrative Code or judicial opinions; therefore, most requested changes may have to be denied.

Vendors must submit a bid to the required location by the required date and time, as described in Section 7 : Submission of Bid. Be aware that the Capital Circle Office Complex (CCOC) buildings, where Replies are submitted, are secured facilities. Be sure to allow sufficient time to sign in and be escorted when submitting a bid. Submitting a bid at the last moment risks contending with other Vendors trying to do the same. A bid submitted late for any reason will be rejected.

Carefully review the ITB instructions to ensure that all required information is provided as specified in this ITB.

Contractors, subcontractors and their employees having access to confidential information will be required to execute Attachment G: Agreement to Maintain the Security of Confidential Information, as specified in Section 4.8.

Confidential, proprietary, trade secret or other protected information submitted in Vendor bids shall be properly and clearly identified and labeled as specified in Section 7.3.2 of this ITB.

2.8 Reserved Rights

FDOR at its sole discretion reserves the right to:

• Amend this ITB;

• Conduct a Response Qualification Process to cure deficiencies that do not o provide an advantage to one bidder over other bidders o have a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department o otherwise adversely impact the Department’s interest;

• Waive minor irregularities in submitted bids;

• Reject any or all bids received in response to this ITB, if FDOR determines such action is in the best interests of the

State or due to unavailability of funds;

• Request clarifications from Vendors;

• Request additional information to assess the Vendor’s capabilities;

• Contact any past or current customers of the Vendor for references;

• Pursue a Contract with one or more vendor(s) for the services encompassed by this solicitation, any addenda thereto;

• Pursue the division of Contracts between vendor(s) by type of service or geographic area, or both;

• Arrive at an agreement with any Vendor, and finalize principal contract terms with such Vendor;

• Take any additional administrative steps deemed necessary in determining the final award, including additional fact-finding, where necessary and consistent with the terms of this ITB; and

• Exercise all, or part, or none of the renewal options.

END OF SECTION

SECTION 3.0 PROCUREMENT PROCESS, SCHEDULE AND CONSTRAINTS

3.1 Procurement Process

3.1.1 ITB Release

This Invitation to Bid (ITB) is posted on the Vendor Information Portal (VIP) web site:

https://vendor.myfloridamarketplace.com/ . To find the ITB or other related information, enter Agency “Department of Revenue” and click on “initiate Search” at the bottom of the web page. If unable to download the document(s), contact FDOR Procurement Officer identified in Section 2.1.

Section 120.57(3)(b), F.S., requires that a notice of protest of the solicitation documents shall be made within seventy-two

(72) hours after the posting of the solicitation. Section 120.57(3)(a), F.S., requires the following statement to be included in the solicitation: “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.”

3.1.2 Addenda

FDOR reserves the right to amend this ITB. All addenda will be in writing and will be posted electronically on the VIP web site referenced in Section 3.1.1. If unable to download an ITB addendum, contact the Procurement Officer identified in Section 2.1.

It is the responsibility of the Vendors to monitor the VIP web site, as additional notification may not be provided.

3.1.3 Questions

Questions relevant to this ITB are invited and must be submitted in written form via email to the Procurement Officer.

Questions must be received by FDOR Procurement Officer on or before the date and time identified in the Procurement Schedule (Section 3.2). FDOR recommends that Vendors confirm receipt of questions submitted.

Responses to all questions will be posted on the VIP web site in accordance with the Procurement Schedule. The written response(s) posted on the web site is the ONLY official response. Verbal responses are not official nor binding, and those that differ from the written responses must be considered incorrect.

Public record requests submitted as part of the Question period identified above, as well as, identified/marked public record requests will be answered as promptly as possible in the ordinary course of business, but may not be answered as part of the Question and Response process. Responses to public record requests may be furnished to the requesting Vendor only.

It is the responsibility of the Vendor to monitor the VIP web site, as no additional notification will be provided when responses to questions are posted.

3.1.4 Errors in ITB

If a Vendor discovers any ambiguity, conflict, discrepancy, omission, or other error in this ITB, the Vendor shall immediately notify FDOR in writing of the error. FDOR will resolve major problems with an addendum. Minor problems will be addressed as a Question and Response, if applicable, or as an addendum, posted on the VIP.

If the ITB contains an error known to the Vendor or an error that reasonably should have been known, the Vendor shall respond at its own risk. If the Vendor fails to notify FDOR of the error prior to Response submission and is awarded a Contract, the Vendor shall not be entitled to additional compensation or time by reason of the error or its later correction.

3.1.5 Bid Opening

Bids will be publicly opened at the time and date specified in the Procurement Schedule (Section 3.2). The names of the responding Vendors will be read aloud. The name(s) of Vendors submitting Bids will be made available to interested parties at the Bid opening or upon written request to the Procurement Officer listed in Section 2.1.

The contents of bid submissions are not immediately public records subject to provisions of section 119.07(1), F.S. Per 119.071(1)(b)2, F.S., submissions are exempted until the Agency posts a Notice of Intended Agency Decision, or thirty (30) days after opening the final competitive sealed Bids, whichever is earlier, and therefore will not be available for immediate review by the public.

https://vendor.myfloridamarketplace.com/

3.1.6 Responsiveness Review

The table below outlines the conditions or requirements that must be met in order to have a responsive bid to this Invitation to Bids. FDOR’s Purchasing Officer will perform a review on every Bid received to validate compliance with the items listed below. This review does not assign any scores but is simply a pass/fail review. Replies that fail one or more of the items listed in the table may be rejected and not considered further.

Item # Mandatory Item Yes/No 1 Did Bid arrive sealed, on the correct date and time?

2 Confirm that the Vendor is not on the Scrutinized List of Prohibited Companies.

3 Confirm that the Vendor is not on the Suspended Vendor List.

4 Confirm that the Vendor is not on the Convicted Vendor List.

5 Confirm that the Vendor is not on the Discriminatory Vendor List.

5 Confirm that the Vendor is not on the Federal Excluded Parties List.

6 Confirm that the Vendor is not on the Antitrust violator vendor list.

7 Confirm that the Vendor is not on the Forced labor vendor list.

8 Confirm the required Procurement Forms (attachments) and other required documents listed in

Section 9 have been submitted and signed if required.

9 Confirm that the Vendor has no outstanding Florida tax violations.

The Responsiveness Review Process will enable FDOR to determine a vendor’s compliance with the requirements of the ITB.

Certain deficiencies in the response items may be cured as part of the Responsiveness Review Process, at the discretion of

FDOR.

Failure of a Vendor to timely respond to follow-up requests from FDOR may result in a determination of non-responsiveness and removal of the Vendor from further consideration.

FDOR reserves the right to determine whether a response meets the responsive requirements of the ITB.

If a Bid passes all items being reviewed in the table above, FDOR will continue the evaluation as described in the next section(s).

3.1.7 Identical Scoring of Replies

Whenever two or more bids which are equal with respect to price, quality, and service are received, FDOR shall determine the order of award first in accordance with section 295.187(4), F.S., giving preference to “Veteran Business Enterprise” then to bid responses from vendors that certify the business has implemented a drug-free workplace program in accordance with section 287.087, F.S. Vendors may execute and return Attachment A, Certification of a Drug Free Workplace, to be considered in the event of identical scoring/exact tie.

3.1.8 Award

The contract(s) will be awarded to the lowest responsive and responsible bidder(s).

3.1.9 Notice of Agency Decision

At the conclusion of the review and determination that the apparent low bidder(s) is/are both responsive and responsible, the FDOR will approve the award a contract or contracts as determined to be in the best interest of the State. The FDOR will then post a Notice of Intended Agency Decision on the VIP for seventy-two (72) hours.

Posting of a Notice of Intended Agency Decision does not guarantee an award of a Contract. An award from this ITB does not guarantee execution of a Contract and execution of a Contract does not guarantee an order for commodities and services from the State.

It is the responsibility of Vendors to monitor the VIP web site, as no additional notifications will be provided.

FDOR reserves the right to reject any or all Replies received in response to the ITB, at its sole discretion, as determined to be in the best interest of FDOR or due to unavailability of funds.

3.1.10 Protest and Protest Filing

Any Vendor or person who desires to protest a solicitation, decision, intended decision, or recommended award must file the following documents with the Agency Clerk in the FDOR’s Office of General Counsel, 2450 Shumard Oak Boulevard, Building 1, Suite 2400 Tallahassee, FL 32399-0109, and provide copies to the Procurement Officer listed in Section 2.1.

1. A written notice of intent to protest within seventy-two (72) hours (3 business days) after posting of the recommended award in the VIP.

2. A formal written protest by petition within ten (10) calendar days after the date on which the notice of protest is filed.

3. A protest bond within ten (10) calendar days after the date on which the notice of protest is filed.

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.

Any person who files an action protesting a solicitation, decision, intended decision, or recommended award, pursuant to section 120.57(3), F.S., shall post with the FDOR at the time of filing the formal written protest, a bond payable to the FDOR in an amount equal to one percent (1%) of the FDOR’s estimate of the total value of the Contract. In lieu of a bond, the FDOR may accept a cashier’s check or money order in the amount of the bond.

The bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

3.1.11 Right to Inspect Place of Business

The State may conduct on-site visits to evaluate the Vendor’s capacity to perform the contract. A Vendor must agree, at risk of being found nonresponsive and having its bid rejected, to provide the State reasonable access at reasonable times to relevant portions of its work sites related to the performance of the contract. Any site inspection will be made by individuals designated by the procurement office at the State’s expense.

3.2 Procurement Schedule

Below is the procurement schedule that represents the FDOR’s best estimate of the schedule that will be followed. If deviations from this schedule occur, the FDOR will publish an addendum on the VIP. No liability to the FDOR will result from such deviations. All required Vendor actions must be completed by the date and time in the schedule. All listed times are local time in Tallahassee, FL.

EVENT DATE AND TIME DUE

Release of the ITB (on or about) 9/20/24 @ 5:00 PM

Vendor submits questions/inquires, no later than 9/30/24@ 5:00 PM

The FDOR posts responses to questions/inquires on Vendor Information Portal (on or about) 10/4/24 @ 5:00 PM

Bid Opening 10/15/24 @ 3:00 PM

Post Intent to Award on Vendor Information Portal (estimated date) 10/15/24

3.3 Procurement / Contracting Constraints

3.3.1 Prohibition against contracting with Scrutinized Companies In accordance with the requirements of section 287.135(2), F.S., a company is ineligible to, and may not, bid on, submit a bid or Response for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a bid or Response for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, F.S., or is engaged in a boycott of Israel.

Also, in accordance with the requirements of section 287.135(2), F.S., a company is ineligible to, and may not, bid on, submit a bid or Response for, or enter into or renew a contract with an agency or local governmental entity for goods or services of one million dollars or more if, at the time of bidding on, submitting a bid or Response for, or entering into or renewing such contract, the company:

1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, F.S.; or

2. Is engaged in business operations in Cuba or Syria.

In accordance with the requirements of section 287.135(5), F.S., at the time a company submits a bid or bid or Response for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or bid or Response for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel.

The State Board of Administration maintains the “Quarterly List of Scrutinized Companies that Boycott Israel” at the following link:

2024_06_12_web_update_pfia_prohibited_list.pdf (sbafla.com)

Vendors must certify that they are not on the Scrutinized List of Prohibited Companies (collectively) using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.2 Suspended Vendor List

Pursuant to 60A-1.006, Florida Administrative Code, a person or affiliate who has been placed on the Suspended Vendor List for contractual default may be excluded from award of a contract unless the Vendor corrects its failure within the time frame provided by the agency, pays any additional cost incurred by the agency for re-procuring the services, or is legally excused by the agency from default.

Vendors must certify that they are not on the list using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.3 Convicted Vendor List

Pursuant to section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not:

• submit a bid, bid, or Response on a contract to provide any goods or services to a public entity;

• submit a bid, bid, or Response on a contract with a public entity for the construction or repair of a public building or public work;

• submit bids, bids, or replies on leases of real property to a public entity;

• be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; or

• transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for

Category Two for a period of thirty-six (36) months following the date of being placed on the convicted contractor list.

Vendors must certify that they are not on the Convicted Vendor list using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.4 Discriminatory Vendor List

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not:

• submit a bid, bid, or Response on a contract to provide any goods or services to a public entity;

• submit a bid, bid, or Response on a contract with a public entity for the construction or repair of a public building or public work;

• submit bids, bids, or replies on leases of real property to a public entity;

• be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and

• transact business with any public entity.

https://www.sbafla.com/media/5rjltjyy/2024_06_12_web_update_pfia_prohibited_list.pdf

Vendors must certify that they are not on the Discriminatory Vendor list using the Vendor Certification Form (PUR7801 –

3.3.5 Antitrust violator vendor list

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, bid, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, bid, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, bid, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

Vendors must certify that they are not on the Antitrust violator vendor list using the Vendor Certification Form (PUR7801

– Attachment B).

3.3.6 Contracting with entities of foreign countries of concern prohibited.

Pursuant to section 287.138, F.S., a governmental entity may not accept a bid on, a bid for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria as follows:

A governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if:

• The entity is owned by the government of a foreign country of concern;

• The government of a foreign country of concern has a controlling interest in the entity; or

• The entity is organized under the laws of or has its principal place of business in a foreign country of concern.

Vendors if having access to an individual’s personal identifying information, must certify using the Vendor Certification Form (PUR7801 – Attachment B) that they are not prohibited from entering into the contract pursuant to section 287.138, F.S., and have completed the Form PUR 1355, “Foreign Country of Concern Attestation” available at:

https://www.dms.myflorida.com/content/download/161322/file/PUR_1355_Foreign_Country_of_Concern_Attestation.doc x ”

3.3.7 Prohibition against governmental entity contracts with common carriers; required termination provisions.

Pursuant to section 908.111, F.S., a governmental entity may not execute, amend, or renew a contract with a common carrier or contracted carrier if the carrier is willfully providing any service in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States.

If the contractor is a common carrier or contracted carrier, in conformity with section 92.525, F.S., they must attest that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into this state knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States.

Such attestation shall be done using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.8 E-Verify System Use

The employment of unauthorized aliens by any Contractor/Subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor/Subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract resulting from this solicitation.

The contractor shall be responsible for ensuring that information from the Form I-9, Employment Eligibility Verification for every employee and any subcontractor employee is compared with the information contained in the E-Verify System.

This system provides records maintained by the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) used to compare information from the Form I-9, Employment Eligibility Verification to confirm that an employee is authorized to work in the United States The Contractor shall comply with the requirements set forth in section 448.095 (2), F.S., as follows:

https://www.dms.myflorida.com/content/download/161322/file/PUR_1355_Foreign_Country_of_Concern_Attestation.docx https://www.dms.myflorida.com/content/download/161322/file/PUR_1355_Foreign_Country_of_Concern_Attestation.docx

1. Every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.

2. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.

3. The contractor shall maintain a copy of such affidavit for the duration of the contract.

4. A public employer, contractor, or subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated section 448.09(1), F.S., shall terminate the contract with the person or entity.

5. A public employer that has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and order the contractor to immediately terminate the contract with the subcontractor.

6. A contract terminated under paragraph 4, or paragraph 5 is not a breach of contract and may not be considered as such.

7. A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge a termination under paragraph 5 or 6 no later than twenty (20) calendar days after the date on which the contract was terminated.

8. If a public employer terminates a contract with a contractor under paragraph 5 or 6, the contractor may not be awarded a public contract for at least one (1) year after the date on which the contract was terminated.

9. A contractor is liable for any additional costs incurred by a public employer as a result of the termination of a contract.

Vendors must certify using the Vendor Certification Form (PUR7801 – Attachment B) that they are:

• Registered with, and use, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S.

• Have not, within the last year, had a contract terminated under section 448.095(5)(c), F.S., by a public employer, contractor, or subcontractor, as defined by section 448.095(1), F.S.

3.3.9 Foreign gifts and contracts

Any entity that applies to a state agency or political subdivision for a grant or proposes a contract having a value of $100,000 or more shall disclose to the state agency or political subdivision any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. Within (1) year before applying for any grant or proposing any contract, such entity must provide a copy of such disclosure to the Department of Financial Services.

Vendors must certify that they are in compliance with all applicable disclosure requirements set forth in section 286.101, F.S., and has not been deemed ineligible for a grant or contract funded by a state agency pursuant to section 286.101(7), F.S. using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.10 Provision of commodities produced by forced labor; denial or revocation of the right to transact business with agencies

The vendor is hereby informed of the provisions of section 287.1346, F.S., that identify the impacts to the vendor's ability or its affiliates’ ability to respond to the competitive solicitations of a public entity; to be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity; or to transact business with a public entity if it, or its affiliates, are placed on the Forced labor vendor list of the Department of Management Services.

Vendors must certify that they are not on the Forced labor vendor list using the Vendor Certification Form (PUR7801 –

3.3.11 Americans with Disabilities Act (ADA)

Any person submitting a Response for providing commodities or contractual services may not exclude any person(s) from participating in, deny any person(s) the proceeds or benefits of, nor otherwise subject any person(s) or subcontractors to any form of discrimination based on the grounds of race, creed, color, national origin, age, sex, or disability. Any person, who is providing commodities or contractual services, or possible subcontract, must comply with the pertinent portion of the Americans with Disabilities Act of 1990, public Law 101-336.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any Response documents or the attendance at any related meeting or Response opening. If accommodations are needed because of a disability, please contact the Procurement Officer identified in Section 2.1at least five (5) workdays prior to the opening.

3.3.12 Office of Supplier Development

The Office of Supplier Development (OSD) is a specialized team that helps Florida's small businesses. OSD does this through the following functions:

• provide guidance on doing business with the State of Florida;

• inform businesses about upcoming contract opportunities;

• advocate for the continued growth and success of Florida's small businesses;

• plan, host, and support Florida business events targeted to small businesses;

• provide education and other resources to state government procurement professionals to help increase the use of small businesses in state and local government procurement contracts; and

• issue applicable state certification and recertification for Florida-based woman-, veteran-, and minority-owned small businesses.

The link to the Office of Supplier Development (OSD) is:

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

3.3.13 Federal Excluded Parties List

A Vendor or subcontractor(s) that, at the time of bidding or submitting a bid for a new contract or renewal of an existing contract is on the Federal Excluded Parties List, is ineligible for, and may not bid on, submit a bid for, or enter into or renew a contract with an agency for goods or services, if any federal funds are being utilized.

3.3.14 Registration with Florida Department of Management Services (FDMS) – MYFLORIDAMARKETPLACE

The FDMS has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(22), F.S., and rule 60A-1.031 Florida Administrative Code, all payments shall be assessed a Transaction Fee.

Pursuant to Section 287.057(24), F.S. the Transaction Fee is one percent (1.0%), or as may otherwise be established by law. Currently the fee is 0.7%, which the Contractor shall pay to the State of Florida (State).

For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), Florida Administrative Code. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.

The Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement.

Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering re-procurement costs from the Contractor in addition to all outstanding fees. Contractors’ delinquent in paying transaction fees shall be excluded from conducting future business with the State.

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

For more information regarding Transaction Fees, please contact MyFloridaMarketPlace Customer Service at (866) FLA-EPRO (866-352-3776), or via email at VendorHelp@MyFloridaMarketPlace.com.

Vendors should have completed registration with the Florida Department of Management Services (DMS) State Purchasing prior to submitting a Response. Vendors should submit evidence of their registration with DMS in their Response.

The successful Vendor must have completed registration with the Department of Management Services State Purchasing prior to Contract execution.

Vendors may register online, at:

MyFloridaMarketPlace Vendor Information Portal

Vendors may receive additional information regarding registering to receive payments via direct deposit by clicking on the link as follows:

direct-deposit-frequently-asked-questions.pdf (myfloridacfo.com)

For additional information, please contact the Department of Financial Services at (850) 413-5517 or directdeposit@myfloridacfo.com.

3.3.15 Licensing by Department of State

All entities defined under Chapters 607, 608, 617, 620, 621 or 622, F.S., seeking to do business with FDOR shall be on file and in good standing with the Florida Department of State. Vendors should submit a copy of their license authorizing them to do business in the State of Florida or provide evidence of their application for a license in the Response.

3.3.16 Publicity

Vendors shall not release any publicity relating to this procurement prior to award of a Contract, unless the Vendor receives written approval from FDOR Procurement Office. Violation of this restriction will result in Vendor disqualification. Furthermore, Vendors shall not release any publicity relating to the Contract, if awarded, without receiving written approval from FDOR Procurement Officer.

3.3.17 Conflicts of Interest/No Prior Involvement

Vendors, contractors, subcontractors, and individuals that have assisted in preparation of the ITB or with project management oversight are precluded from bidding or preparing a Response for this solicitation.

The Vendor and/or Contractor shall not compensate in any manner, directly or indirectly, any officer, agent or employee of FDOR for any act or service that he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the Vendor and/or Contractor. No officer, agent, or employee of FDOR shall have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, FDOR or the State of Florida.

The Contractor shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this Contract.

All Vendors submitting a Response to this ITB, their subcontractors, and each party identified in a joint venture Response should complete and execute Attachment C: Notice of Conflict of Interest and Attachment D: Statement of No Involvement and return with their Response submittal.

3.3.18 Organizational Conflicts of Interest

An Organizational Conflict of Interest exists when a Vendor, Contractor, or subcontractor has present or planned interests related to the work to be performed under this Contract that 1) may diminish its capacity to give impartial, technically sound, objective assistance and advice, or may otherwise result…