ITN 22 23 23 Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Negotiate (ITN) No: ITN DOM 22 23 23

Title: DIVISON OF MARKETING AND DEVELOPMENT

OUTREACH AND CREATIVE SERVICES

Carmelita Graham, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

ADVERTISEMENT NUMBER: ITN DOM 22 23 23

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services, Division of Marketing and Development (FDACS or Department) issues this Invitation to Negotiate (ITN) for creative services for broadcast commercials as specified herein. This Invitation to Negotiate (ITN) and all activities leading toward the anticipated issuance of the Contractual Services Agreement are conducted pursuant to 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

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

The Department intends to make a single award or to make no award, as determined to be in the best interest of the state.

1.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this Invitation to Negotiate (ITN) unless modified by the Department by written addendum. All required actions must be completed by the date and time indicated on the timeline.

EVENT DATE/TIME (ET) LOCATION

Release of ITN August 31, 2022 Vendor Information Portal

Last day for written Inquiries to be received by the Department. No questions will be accepted after this date.

September 20, 2022

5:00 PM

Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries

September 23, 2022

Vendor Information Portal

Sealed Replies Due

October 4, 2022

5:00 PM

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Opening

October 5, 2022

10:00 AM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Evaluation Phase (Anticipated)

October 10- 14, 2022

Presentations/ Negotiations

October 17- 21, 2022

Virtual meeting https://vendor.myfloridamarketplace.com/search/bids

Public Meeting-

Award Recommendation

October 25, 2022

10:00 AM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Notice of Agency Decision/ Intent to Award

November 1, 2022

Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal as the single resource for all ITB, Public Notice information in accordance with 28-102.001, F.A.C.

1.3 Public Opening

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

1.5 Mandatory Requirements

The FDACS has established certain requirements with respect to submissions to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITN indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response is not substantial accord with the ITN requirements, provides an advantage to one respondent over other respondents or has potentially significant effect on the quantity or quality of service.

Material deviations cannot be waived. The words “should” or “may” in this ITN indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Reply.

1.6 Conflicts and Order(s) of Precedence

All replies are subject to the terms of the following provisions of this ITN, which in case of conflict shall have the following order of precedence:

a. Addenda, in reverse order of issuance

b. ITN, including attachments

c. PUR 1000, General Contract Conditions

d. PUR 1001, General Instructions to Respondents https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Scope of Projects and Deliverables

The Florida Department of Agriculture and Consumers Services, Division of Marketing and Development seeks to solicit ITN responses from highly qualified contractor that specializes in outreach campaigns to create, produce and deliver video commercials for future television broadcasts to raise levels of public awareness and expand sales of “Fresh From Florida” produce. Media buying will not be included in this ITN.

Commercial Messaging should include the following:

• Consumers should “Look For” the “Fresh From Florida” Logo while shopping

• Promote “Local” message

• Promote Florida produce is in season and abundant while other states are not producing

• Promote Florida Farmers

FollowinOriginal production footage shall be captured in UHD 3840 x 2160p resolution using a LOG format at 23.976 fps utilizing the highest quality codec possible (i.e. ProRes HQ, H.265, or RAW). 30fps or 29.976fps footage will not be accepted. Under no circumstances will up-converting to the above standards be allowed. 10 bit or higher color depth. All original production footage, used and unused, shall be provided to the Department via hard drive in its original recorded quality, format(s) and frame rate(s). If recorded in RAW, the original footage must be transcoded to either ProRes HQ or H.265. All original production footage recorded in slow motion must be shot in frame rates of 60fps or higher. UHD is preferred, but HD (1920 x 1080) is acceptable. Any stock or pre-existing footage considered for use must be pre-approved by the Department. MP4 versions of completed commercials shall be provided for review purposes.

Final Approved Productions must be rendered, and Master Files delivered as HD 1920x1080p stereo .MOV files.

All video footage must be original footage filmed for this project unless existing footage is approved by the Department.

The target audience is:

• Women whose ages are 35 to 54, with a secondary target of adults ages 25 to 54;

• Household income (HHI) of $60,000 and above; and,

• Married consumers with families, principal shopper for the household and health-conscious consumers.

The awarded Contractor shall provide a total of five (5) television commercials for the Department. The five (5) commercials will be divided according to subject matter as specified below:

a. One (1) 30-second commercial for produce (target in Florida)

b. One (1) 30-second commercial for produce (target east coast)

c. One (1) 30-second commercial for produce in Spanish (target in FL)

d. One (1) 15-second commercials for produce lifted from the 30-second commercials above; and,

e. One (1) 15-second commercial for produce in Spanish lifted from the 30-second commercial above.

2.2 Anticipated Budget and Timeline

The anticipated budget for this project is $400,000.

The anticipated contract period is from the date of contract execution through February 15, 2023.

All deliverables shall be received and invoiced before February 15, 2023.

SECTION 3.0 INVITATION TO NEGOTIATE PROCESS

3.1 Advertisement

This ITN is hereby advertised on the State of Florida VIP To find the ITN or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this ITN by reference. There is no need to return this document with the reply.

Any terms and conditions set forth within this FDACS ITN document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001, unless the conflicting term/condition is required by any section of the Florida Statutes, in which case the term/condition required by Florida Statutes shall take precedence. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITN stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Vendor Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all matters pertaining to this solicitation from the date of the release of the solicitation, until the FDACS Notice of Agency Decision is published on the VIP.

Questions related to this ITN, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, as indicated in the Timeline of Events. Oral inquiries, or those submitted after the period specified in the Timeline, will may be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/search/bids.

The Procurement Officer for this ITN is:

Carmelita Graham, Purchasing Director Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@FDACS.gov https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE BID NUMBER IN

THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intent to award (72-hour period excludes Saturdays, Sundays and state holidays), vendors responding to this solicitation, or 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(23), Florida Statutes.

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the bidding period, information will be posted on the VIP (https://vendor.myfloridamarketplace.com/search/bids as a written addenda. Any addenda issued in relation to this solicitation shall thereby become part of the final bid specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, Florida Statutes, to the State is prequalified to do so and shall register in the MFMP system.

Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 80171603- Publicity and marketing advisor service

• 82101600- Broadcast advertising

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all vendors that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist vendors with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a contract.

This may be completed by the vendor post-award and is not something which FDACS will consider in determining the responsiveness of a reply.

3.7 Cost of Preparation

Neither the Department, nor the state of Florida, is liable for any costs incurred by a vendor in https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com response to this ITN.

3.8 Instructions for Submittal

Each reply shall be prepared simply and economically, providing a straightforward, concise delineation of the vendor’s capabilities to satisfy the requirements of this ITN. Elaborate bindings, colored displays and promotional material are discouraged. Emphasis in each reply must be on completeness and clarity of content. In order to expedite the review of replies, it is essential that the vendor follows the format and instructions below.

1) Replies may be sent by U.S. mail, courier, overnight or hand delivered to the location indicated in the Timeline. Electronic (email/fax) submission of replies will not be accepted for the ITN.

2) All replies must be submitted in a sealed envelope/package with the relevant ITN number clearly marked on the outside of the envelope/package.

3) It is the vendor’s responsibility to assure its reply submittal is delivered to the proper place and time as stipulated in the Timeline.

4) Late replies will not be accepted.

Replies may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, vendors are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. REPLIES MUST BE RECEIVED IN THE PURCHASING OFFICE BY the designated date and time listed.

Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

3.9 Reply Format

The Department is accepting a combination of digital and hardcopies of vendor’s replies to this ITN. Respondents must submit six (6) hardcopies (i.e., physical hardcopies) of the reply and all attachments, as well as one (1) duplicate copy of the reply and all attachments on a USB flash drive. Replies shall be delivered to the Department’s purchasing office before the specified deadline date/time in a sealed package(s) labeled with the contractor’s name and address and the ITN number. Sequentially number all pages and organize as indicated below.

Emphasis of each Reply must be on completeness and clarity of content. In order to expedite the evaluation process, it is essential that contractors follow the format and instructions contained herein.

The ITN response package must include all requested forms and information. Each section should be segregated by index TAB(s) or folders labeled as such, which will include either mandatory response forms or material for weighted criteria to be scored by the appointed evaluation team. Failure to provide all of the requested information may result in disqualification of the vendor Reply, or a zero-point score for that section. The Respondent’s package should clearly identify each area, as listed below, with an index tab or other type of identification.

TAB A Vendor Acknowledgement (No Points will be awarded for Tab A)

By submission of a signature on the FDACS Acknowledgment Form, the Vendor certifies that they have read and comply with all terms and conditions contained herein. The Reply must contain the original signature of an authorized representative who can legally bind the Vendor.

The product/ services offered by the Vendor will conform to the specifications of this ITN without exception.

Vendors must include Attachment A, FDACS Acknowledgement Form with their response.

TAB B Statement of Qualifications (50 points maximum)

1. Overview - Provide a detailed overview of your firm’s experience and qualifications experience, including years in business and areas of any specialized marketing expertise. (10 points maximum)

2. Creative Development - Describe in detail your firm’s creative design and production experience. Provide at least three (3) examples of previous projects, including samples of broadcast TV spots, digital ads, and social media outreach. (30 points maximum)

3. Personnel - Provide the background and experience of the personnel that will be assigned to this project, include their roles and responsibilities. Provide the roles and responsibilities of any subcontractors that will be assigned to this contract. (10 points maximum)

TAB C Past Performance/References (15 points maximum)

The Vendor shall provide a detailed narrative of prior relevant experience conducting similar outreach and creative design projects. This narrative must include at a minimum, three (3) projects performed of a similar size and scope completed within the last five (5) years.

The Vendor shall provide names, addresses, phone numbers and email contacts of the three (3) customers for whom the Vendor have identified in this narrative on the References/ Past Performance Form (Attachment B). The Department reserves the right to contact each customer reference to verify the information provided and validate the performance of the Vendor.

References must be current or former clients of the Vendor. The Department will not accept subcontractor/proposed personnel or personal references of a member of the Vendor as a substitute for customer references. Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the vendor's ability to perform services similar to those described in this ITN in a satisfactory manner.

Unsatisfactory past performance with the Department will result in rejection of the ITN.

TAB D Project Management Plan and Technical Proposal (100 points maximum)

Technical Proposal (50 Points Maximum)

The Technical Proposal shall include:

a. Proposers shall submit a total of three (3) electronic storyboards for the 30-second commercial spots on the USB as an example of your firm’s creative proposals. The rationale for the creative approach for each of the three (3) storyboards must be submitted.

Project Management Plan (50 Points Maximum)

The Project Management Plan shall, at a minimum, include:

a. Project schedule, including all timelines beginning with the start date through estimated completion date;

b. Project objectives, assumptions, risks and constraints;

c. Contract manager’s communication plan;

d. Contract manager’s management plan; and

e. Responsibility task matrix for Respondent and the Department.

TAB E Project Fees (No points will be awarded for Tab E)

Respondents must complete Attachment C, Project Fees in this tab. The Contractor shall take into consideration all aspects of productions costs, including but not limited to:

1. subcontractor costs;

2. production locations;

3. travel costs;

4. talent (Fees for one year beginning on first air date of broadcast commercial);

5. editing;

6. use of pre-existing footage; and

7. pre and post-production services.

*Talent fees should include fees for Broadcast and digital (social media and website) ** Each actor chosen to participate in a production (hereinafter, “Actor”) must not have participated in a promotion of any other agriculture related products or other governmental department of agriculture in the past. Further, Respondent agrees to require that each Actor agree, in writing, to the following terms:

For a period of one year from the date of the first commercial broadcast of the subject production, Actor shall not engage, participate, or appear in any advertising, promotional, public relations, or marketing material that is (i) designed to promote agricultural products, or (ii) directly or indirectly procured, solicited, or intended to be used by, a governmental department of agriculture other than the Florida Department of Agriculture and Consumer Services (“FDACS”), unless Actor obtains prior written consent to engage, participate, or appear in such material from FDACS’ Director of the Division of Administration.

Prior to the commencement of filming, Respondent shall provide the Department with a copy of the Actor’s written contract agreeing to the terms of the paragraph above.

Failure to provide the required project fees shall result in the rejection of the proposal as non-responsive.

Respondents shall provide a detailed budget with the Attachment C, Project Fees, under which the vendor plans to operate for the services as specified herein. Any proposals, which do not include the detailed budget, shall be rejected as non-responsive.

TAB F Florida Preference Certifications (No points will be awarded for TAB F)

When evaluating Bidder responses to solicitations where the total awarded points from two or more Bidders is equal, the Department shall determine the order of award in accordance with Sections 287.057 (12), 287.082, 287.087, 287.092 and 295.187(4), Florida Statutes.

1. CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), Florida Statutes, if two equal bids are received and one bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their bid response to receive this preference.

2. CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, bidders must provide Attachment D, Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program.

3. PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to 287.092, Florida Statutes, 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. Bidders must provide proof in their bid response to receive this preference.

4. FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT

PREFERENCE

Pursuant to Section 295.187(4), Florida Statutes, a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise.

Proof of certification pursuant to Section 295.187(5), Florida Statutes, shall accompany the bid. Failure to submit proof of certification will result in non-application of the preference.

TAB G Mandatory Certifications (No points will be awarded for Tab G)

No Prior Involvement and Conflict of Interest

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

Any person submitting a Reply in response to this ITN shall be required to complete the Conflict-of-Interest Statement form (Attachment E, Conflict of Interest Statement) with all information and signature of an official of proposing firm who is legally authorized to contract for the firm. The signed original of this form must be attached to the original Reply package.

Scrutinized Companies and Prohibited Business Activities

Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal 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 proposal 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, Florida Statutes, or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, Florida Statutes, requires the Contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or 3) engaging in business operations in Cuba or Syria.

In order for your Reply to be considered responsive, Attachment F, Certification Regarding Scrutinized Companies Form must be completed and included in your Reply package. The list of Scrutinized Companies may be found at https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandat es.aspx .The Department may immediately terminate any contract, as a result of this Reply, for cause if the contractor is found to have submitted a false certification.

3.10 Reply Evaluation

Each Vendor shall submit a Reply that conforms to all mandatory requirements as outlined in this ITN solicitation. Replies that do not conform to the requirements, or contain material deviations from the specifications, will be rejected as non-responsive and not further reviewed. An appointed evaluation committee will utilize a point system to score each responsive reply submitted. Once the evaluation committee has concluded scoring all responsive replies, a list of responses will be https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx tabulated in ranked order. Available points for each of the evaluation criteria are specified herein.

3.11 Evaluation Considerations

The evaluation committee members shall perform the evaluation in accordance with the evaluation criteria listed in EVALUATION PROCEDURE. The evaluation committee shall recommend a ranked list of Vendor Replies, based on total awarded points per vendor.

3.12 Evaluation Procedure

The evaluation committee shall utilize a point system to rank Replies based on their written technical response. Available points for each of the written technical score evaluation criteria are:

Range of Points Criteria

0-50 (Tab B) Statement of Qualifications

0-15 (Tab C) Past Performance/References

0-100 (Tab D) Project Management Plan and Technical Proposal

165 Maximum Points

3.13 Presentations

The Department may begin oral presentations with the Vendor or Vendors who have a written technical score within a competitive range or ranked above a natural break.

FDACS shall evaluate and rank the responses to determine which vendor, if any, to invite for presentations/demonstrations. It is the Department’s intent to invite respondents scoring within a competitive range or above the natural break to the oral presentations/demonstrations; however, the FDACS reserves the right to invite additional respondents to oral presentations if determined to be in the best interest of the state. Oral presentations/demonstrations may include a question-and-answer session.

The purpose of this activity is to provide substantiating information and demonstrated performance to support the Vendor’s written Reply content. No part of the oral presentations / demonstrations will serve to relieve the Vendor of any quality or performance as required under the resulting Contract.

Please note that any video conference / webinar event will be hosted by the proposing Vendor.

Vendors will be instructed to provide technical capabilities and/or requirements for the in‐person, conference or webinar presentation(s) upon receipt of an appointment request issued by FDACS.

Pursuant to section 286.0113 (2)(b)(1), oral presentations as part of this competitive solicitation are exempt from public meeting requirements. A complete recording of this presentation will be made available, as well as any materials presented or received, at the completion of the procurement process in accordance with Chapter 119, Florida Statutes.

3.14 Negotiation Process

Negotiation, as described in this Section, is designed to determine which Vendor and Reply will provide the best value to the state. The order in which negotiations with the Vendor(s) commence will be determined according to the best interest of the Department. The Department may select one or more vendors within the competitive range with which to commence negotiations. Should the Department be unable to negotiate a satisfactory contract with any of the Vendors(s) scored within the competitive range, negotiations may continue with any or all other Vendors, if any, submitting responsive Replies. The Department reserves the right to negotiate with one, more, or none of the Vendor(s). Negotiations may continue until an agreement is reached or all Replies are rejected.

Negotiation Sessions resulting from this ITN will be conducted virtually. The participating Vendor shall have a representative present during negotiation meetings who is authorized to make binding decisions on behalf of the Vendor. It is the Vendor’s sole responsibility to coordinate all parties to its Reply and to ensure that all are appropriately represented during scheduled Negotiation meetings.

3.15 Negotiation Sessions

The Negotiation Committee will consist of at least three (3) persons who collectively have experience and knowledge in negotiating contracts, contract procurement and the program areas and service requirements, in which the commodities and contractual services are sought, in an effort to obtain the best overall benefit to the State. All Negotiation Sessions resulting from this ITN will be conducted via teleconference, virtually or in Tallahassee, Florida. The participating Vendor shall have a representative present during negotiation meetings who is authorized to make binding decisions on behalf of the Vendor. It is the Vendor’s sole responsibility to coordinate all parties to its Reply and to ensure that all are appropriately represented during scheduled Negotiation meetings.

During negotiations, Vendor(s) may propose alternate capabilities or services that reflect the Vendor’s optimal performance methodology while still complying with the other requirements of the ITN. FDACS may request changes to proposed solutions. Additionally, FDACS may consider revised pricing; Optional Technical Specifications offered in Vendors’ Replies; new/additional optional commodities and services; and/or modifications to proposed technical specifications.

Before award, FDACS reserves the right to seek clarifications, request Reply revisions, and request any information deemed necessary for the proper review of Replies. If FDACS is unable to reach an agreement with a Vendor on contractual issues or other issues, FDACS may eliminate the Vendor from further consideration.

3.16 Best and Final Offer (BAFO)

The Negotiation Committee may request a BAFO from one or more Vendor with which negotiations are conducted. Based upon the negotiation process, the BAFO may contain a revised scope, negotiated terms and conditions, price terms, etc.

3.17 Contract Award

The Negotiation Committee will select which Respondent(s) to submit for Contract recommendation. The FDACS will make a final determination as to which Response(s) constitute the best overall value to the State, based upon the requirements set forth in this ITN.

3.18 Public Records

Any and all documents submitted in response to this ITN shall be considered public record pursuant to Chapter 119, Florida Statutes.

Any Reply content submitted to Department which is asserted to be exempted by law from disclosure as a public record shall be clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption specifically identified in writing on each and every such page. Failure to segregate and so clearly identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the Reply or other document in which the content is set forth.

An entire page or paragraph in which such information appears should not be marked “EXEMPT”, “confidential” or “trade secret” unless the entire page or paragraph consists of such confidential information. Only the confidential portions(s) should be identified and marked. Vendors are to indicate where confidential information begins and ends. It will be the responsibility of the Vendor to defend the confidentiality of its trade secrets through the judicial process.

The FDACS takes its public records responsibilities under Chapter 119, Florida Statutes, and Article I, Section 24 of the Florida Constitution, very seriously. If a Vendor considers any portion of the documents, data or record submitted in response to this solicitation to be exempted by law from disclosure as a public record, the Vendor must also provide Department with a separate “Redacted Copy” of its Reply on a USB flash drive, at the time of Reply submission.

This Redacted Copy should contain solicitation name, number and the name of the Responding Vendor on the cover and should be clearly titled “Redacted Copy.” The Redacted Copy must be provided to the Department at the same time the Vendor submits its Reply and must only exclude or obliterate those exact portions which are exempted by law from public disclosure.

IF A VENDOR FAILS TO SUBMIT A REDACTED COPY WITH ITS REPLY AS DESCRIBED

HEREIN, THE FDACS IS AUTHORIZED TO PRODUCE THE ENTIRE DOCUMENT(S), DATA

OR RECORDS SUBMITTED BY THE VENDOR IN ANSWER TO A PUBLIC RECORDS

REQUEST. THE STATE OF FLORIDA DOES NOT CONSIDER PRICE TO BE CONFIDENTIAL.

3.19 Replies Opening

Replies are due, and will be publicly opened, at the time date, and location specified in the Timeline. Vendor responses received late (after the due date and time) will not be accepted, nor considered, and modification by the vendor of submitted replies will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a response if it is not properly sealed, addressed, or identified.

3.20 Less Than Two Responsive Replies

In the event that FDACS receives less than two (2) Responsive Replies, the Department reserves the right to negotiate the best terms and conditions with the single Responsive Vendor pursuant to 287.057(6) Florida Statutes.

3.21 Reply Rules for Withdrawal

A submitted reply may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the vender and must be received within 72 hours after the submission date indicated in the Timeline.

Any submitted replies shall remain valid for 90 days from the submission date.

3.22 Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility

Matters for Expenditure of Federal Funds Tie Bids

Any person submitting a response to this ITN MUST execute the enclosed form FDACS-01522, Attachment G, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her reply. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.23 Disqualification of Reply

More than one Reply from an individual, firm, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Respondent is interested in more than one Reply for the same work will cause the rejection of all Replies in which such Respondents are believed to be interested.

If there is reason to believe that collusion exists among the Respondents, any or all Replies will be rejected. No participants in such collusion will be considered in future solicitations for the same work. Falsifications of any entry made on the Respondents’ offer will be deemed a material irregularity and will be grounds for rejection.

3.24 Rejection of Replies

The Department reserves the right to reject any and all Replies, when such rejection is in the interest of the state of Florida, and to reject the Reply of a Respondent who the Department determines is not in a position to perform the contract.

3.25 Protest Procedures

Pursuant to Section 120.57(3), Florida Statutes, a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (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), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Contract Terms and Conditions

A draft Contract is provided as Attachment H, Contractual Services Agreement- Draft. By submission of a response, Vendors agree to the State of Florida contract conditions set forth therein. In the case of conflict between the PUR1000 General Contract Conditions and the Florida Department of Agriculture and Consumer Services Contractual Service Agreement, the Florida Department of Agriculture and Consumer Services Contractual Service Agreement shall prevail.

This document does not need to be returned with your Reply. Respondents must not submit additions, objections, or modifications with their Reply submission. This ITN, the successful Vendor’s Reply and Vendor’s Best and Final Offer received (if applicable) and addendums will be incorporated into the Contract.

4.2 Modification after Contract Execution

During the term of the contract, the Department may unilaterally require changes (altering, adding to or deducting from the Specifications) provided such changes are within the general scope of this solicitation.

The vendor may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department’s contract manager or designee and a written contract amendment.

4.3 Renewal

The contract awarded as a result of this ITN may be eligible for three (3), one year renewals contingent upon satisfactory performance of the Contractor and the mutual agreement of the parties.

4.4 Liquidated Damages

If the work is not completed on the date fixed for completion in the awarded contract as a result of act(s) or omission(s) within the reasonable control of the respondent, the respondent shall pay to the Department, as liquidated damages for such delay and not as a penalty, one hundred dollars ($100) for each calendar day elapsing between the date fixed for completion and the actual date of completion. Respondent agrees that said liquidated damages are reasonable given existing circumstances, such as the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

4.5 MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), Florida Statutes (F.S.). All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, Florida Administrative Code (F.A.C.), or as may otherwise be established by law.

Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit. The Department will have grounds for declaring the vendor in default if the vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the vendor to being suspended from business with the State of Florida.

4.6 Independent Capacity of Contractor

The contractor, its officers, agents and employees, in performance of this contract, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the state.

ATTACHMENT A

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICUTLUTRE

AND CONSUMER SERVICES

INVITATION TO NEGOTIATE

SUBMIT REPLY TO:

Florida Department of Agriculture and Consume Services Procurement Office 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, FL 32399-0800 Agency Release Date:

August 31, 2022

Solicitation Number:

ITN DOM 22 23 23 Solicitation Title: DIVISON OF MARKETING AND DEVELOPMENT

OUTREACH AND CREATIVE SERVICES Reply Due:

October 4, 2022 @ 5:00 P.M. ET **Bidder Name:

**If a fictitious name is used, include registered name (i.e. XYZ, Inc.

DBA ABC)

Bidder Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Authorized Signature (Type), Title

Toll Free Number: *This individual must have the authority to legally bind the Bidder to a contractual obligation. By submission of a signature on the response, the Bidder certifies that they comply with all terms and conditions contained herein.

Fax Number:

Email Address:

FEID Number:

Type of Business Entity (Corporation, LLC, partnership, etc.):

BIDDER CONTACTS: Provide the name, title, address, telephone number, and email 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:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

NICOLE “NIKKI” FRIED

COMMISSIONER

ATTACHMENT B

Florida Department of Agriculture and Consumer Services Bureau of General Services

REFERENCES

As per the requirements of ITN special condition References, each bidder is required to submit the names, addresses, and telephone numbers for a minimum of three (3). References shall be listed below. In order for your Reply to be considered responsive this form must be completed and included in your response package.

1. CLIENT COMPANY NAME:

CLIENT PROJECT TITLE:

POINT OF CONTACT:

TELEPHONE NUMBER: ( _ ) _______ EMAIL:

2. CLIENT COMPANY NAME:

TELEPHONE NUMBER: ( ) ________ EMAIL:

3. CLIENT COMPANY NAME:

TELEPHONE NUMBER: ( ) ________ EMAIL:

ATTACHMENT C

PROJECT FEES

FIRM FIXED PRICE FOR PROJECT AS DESCRIBED HEREIN $

Respondents shall provide a detailed budget under which the Respondents plans to operate this contract for all of the commodities and contractual services as specified herein and as outlined in Tab E.

Any submission which do not include the detailed budget shall be rejected as non-responsive.

By affixing signature to Attachment C- Project Fees, bidder agrees to honor the pricing listed above and acknowledges any addenda (if applicable) contained in this Invitation to Negotiate.

VENDOR/CONTRACTOR NAME:

SIGNATURE (MANUAL):

SIGNATURE (PRINTED):

ATTACHMENT D

DRUG-FREE WORKPLACE PROGRAM - BIDDER CERTIFICATION

IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs.

Whenever two or more bids, which are equal with respect to price, quality and service, are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

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

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

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

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

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

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

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

VENDOR'S SIGNATURE

FDACS-01218 09/12

ATTACHMENT E

CONFLICT OF INTEREST STATEMENT

I, , as an authorized representative of , certify that no member of this firm, nor any person having interest in this firm, have been awarded a contract by the Florida Department of Agriculture and Consumer Services on a non-competitive basis to:

(1) Develop this Invitation to Negotiate (ITN);

(2) Perform a feasibility study concerning the scope of work contained in this ITN; or

(3) Develop a program similar to what is contained in this ITN.

Signature of Authorized Representative Date

Print Name

ITN Number

ATTACHMENT F

Division of Administration

CERTIFICATION REGARDING SCRUTINIZED COMPANIES

Certification Regarding Scrutinized Companies that Boycott Israel List and Engage in a Boycott of Israel I, _______________________________________ (Enter Name of Authorized Representative), as the authorized representative of __________________________________ (Enter Legal Name of Contractor), (the “company”) hereby certify that, the company has reviewed Section 287.135, Florida Statutes, and certify the company:

1. Is not listed on the Scrutinized Companies that Boycott Israel list or

2. Does not participate or engage in a boycott of Israel.

The List of Scrutinized Companies that Boycott Israel can be located on the State Board of Administration of…