ITN-25-068 Contractor Operated CF MH Final.pdf

Invitation to Negotiate (ITN)

FDC ITN-25-068

Operation and Management of Contractor- Operated Correctional Facilities – Moore Haven Correctional Facility

Sharita Newman, Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399 Purchasing@FDC.MyFlorida.com mailto:Purchasing@FDC.MyFlorida.com

Table of Contents

SECTION 1. INTRODUCTION

1.1 Solicitation Objective

1.2 Background Information

1.3 Term

1.4 Definitions

1.5 Timeline of Events

1.6 Special Accommodations

1.7 Procurement Officer

SECTION 2. SOLICITATION PROCESS

2.1 General Overview

2.2 Questions and Answers

2.3 Confidentiality and Non-Disclosure Agreement

2.4 Site Visit

2.5 Addendum to the Solicitation

2.6 Electronic Posting of Notice of Intent to Award

2.7 Contract Formation

2.8 Modification or Withdrawal of Reply

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

3.2 Special Instructions

3.3 MyFloridaMarketPlace (MFMP) Registration

3.4 Substitute W-9

Other Terms and Conditions

3.5 Retention of Records and Documentation

3.7 Section 957.04, F.S

3.8 Independent Contractor Status

3.9 Joint Venture Requirements

3.10 Assignment

3.11 Use of Funds for Lobbying Prohibited

3.12 Reservation of Rights

3.13 Subcontracts

3.14 Safety Standards

3.15 Americans with Disabilities Act

3.16 Health Insurance Portability and Accountability Act

3.17 Non-Discrimination

3.18 Confidentiality

3.19 Vendor Diversity

3.20 Environmental Considerations

3.21 Intellectual Property

3.22 Insurance

3.23 Prison Rape Elimination Act (PREA)

3.24 Indemnification

3.25 Legislative Appropriation

3.26 How to Access the Sourcing Event in MyFloridaMarketPlace

3.27 Respondent Mandatory Responsiveness Requirements

3.28 Financial Stability

3.29 Contents of Reply

3.30 Redacted Submissions

3.31 Additional Information

3.32 Price Sheet Instructions

3.33 Subcontracting

FDC-ITN-25-068

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SECTION 4. SELECTION METHODOLOGY

4.1 Evaluation Criteria

4.2 Scoring of Technical Reply (70 points)

4.3 Scoring of Price Reply (30 points)

4.4 Reply Evaluation and Negotiation Process

4.7 Basis of Award

4.8 Equal Replies

4.9 Reply Disqualification

4.10 Department Rights

Attachments:

Attachment A – Draft Contract Attachment B – Fixtures, Furnishings & Equipment Inventory Attachment C – Price Sheet Attachment D – Florida Department of Corrections Policies and Procedures and Health Service Bulletins Attachment E – Operating Per Diem (with Auditor General Certification) Attachment F – Florida Department of Corrections Menu Attachment G – Florida Department of Corrections Alphabetical State Drug Formulary, April 2020 Attachment H – Current Facility Program Plan Attachment I – Contract Performance Indicator Tool Attachment J – Confidentiality and Non-Disclosure Agreement Attachment K – 602.016 Security Procedure Attachment L – Reference Questionnaire Attachment M - Business Associate Agreement for HIPPA

Forms for Completion:

FORM 1 – CONTACT INFORMATION

FORM 2 – NOTICE OF CONFLICT OF INTEREST

FORM 3 – STATEMENT OF NO INVOLVEMENT

FORM 4 – BUSINESS EXPERIENCE

FORM 5 – SUBCONTRACTING

FORM 6 – MANDATORY RESPONSIVENESS REQUIREMENTS

FORM 7 – PASS/FAIL REQUIREMENT CERTIFICATION AND NON-COLLUSION CERTIFICATION

FORM 8 - FOREIGN COUNTRY OF CONCERN ATTESTATION (PUR 1355)

FORM 9 – VENDOR CERTIFICATION FORM (PUR 7801)

FORM 10 – PUR 2024 (PART A & B)

FORM 11 – CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM (if applicable)

FORM 12 – REPLY BOND FORM

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SECTION 1. INTRODUCTION

1.1 Solicitation Objective

The Florida Department of Corrections (Department) is issuing this solicitation to establish a contract for the operation and management of the Moore Haven Correctional Facility.

This solicitation has an estimated annual spend of $29,822,599. This is for informational purposes only and should not be construed as representing actual, guaranteed or minimum spend under any new contract. The Department intends to make a single award for this location. However, the Department reserves the right to amend the solicitation requirements, to make no award, to withdraw this solicitation or to reject all replies.

1.2 Background Information

Moore Haven Correctional Facility (MHCF) is located in Glades County, Florida. MHCF was built in 1995 and is a 985-bed capacity, minimum/medium security facility housing adult males sentenced to the Florida Department of Corrections (FDC).

1.3 Term

The initial term of the Contract will be three (3) years, and upon agreement of the parties, it may be renewed for successive two (2) year periods thereafter. Renewals are contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. The state is not obligated to pay the Contractor beyond what is appropriated annually. The Department is not authorized to pay more than what is appropriated.

1.4 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment A, Draft Contract are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this ITN document.

1.4.1 Business Day and Hour: Monday through Friday from 8:00 a.m. to 5:00 p.m., Eastern Standard Time (EST), excluding State holidays or other official closures.

1.4.2 Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

1.4.3 Contract: The formal written agreement resulting from this ITN between the successful or selected Vendor and the Department.

1.4.4 Contractor: The successful or selected Vendor who is awarded a Contract to provide services or commodities to the Department.

1.4.5 Correctional Institution: A prison used to detain Inmates in the lawful custody of the Department of Corrections.

1.4.6 Corrective Action Plan (CAP): A Contractor’s comprehensive written response to any deficiencies discovered during Contract compliance monitoring, and a plan for remediation of those deficiencies.

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1.4.7 Day: A calendar day, unless otherwise noted.

1.4.8 Department: The State of Florida Department of Corrections or FDC.

1.4.9 Deliverables: Those services, items, and/or materials provided, prepared and delivered to the Department in the course of Contract performance.

1.4.10 Hour(s): Includes business hours and non-business hours.

1.4.11 ITN: Invitation to Negotiate.

1.4.12 Mandatory Responsiveness Requirements: The terms, conditions, and requirements that the Vendor must meet to be considered responsive to this ITN.

1.4.13 Material Deviations: A deviation from the requirements and specifications of this ITN, which the Department, at its sole discretion, has determined is not in of substantial accord with this ITN, provides a significant competitive advantage to one (1) Vendor over other Vendors, or has a potentially significant effect on either the quantity or quality of the services sought, or on the cost to the Department

1.4.14 Minor Irregularity: A variation from the requirements and specifications of this ITN that does not give the Vendor a significant competitive advantage or benefit not enjoyed by other Vendors and does not adversely impact the interests of the Department.

1.4.15 ON-SITE CONTRACT MONITOR: The On-Site Contract Monitor or the Bureau designee shall be the official liaison between the Bureau and Contractor. All official communications shall take place between the On-Site Contract Monitor and Contractor, unless the Bureau directs otherwise. All other communication between the Bureau’s employees and CONTRACTOR shall be managed according to policies adopted by both parties.

1.4.16 Prison Rape Elimination Act (PREA): 28 C.F.R. 115, National Standards to

Prevent, Detect, and Respond to Prison Rape, under the “Prison Rape Elimination Act of 2003.” The Act provides for analysis of the incidence and effects of prison rape in federal, state, and local Institutions, and for information, resources, recommendations, and funding to protect individuals from prison rape.

1.4.17 Reply: A Vendor’s written response submitted as an answer to this ITN.

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

1.4.19 Responsive Reply(ies): A Reply, submitted by a Responsive and Responsible

Vendor that conforms in all material respects to this solicitation.

1.4.20 Subcontractor: An individual or business entity contracted by the primary

Contractor to perform part of the services or provide commodities required under the Contract with the Department.

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1.4.21 Value-Added Services: Additional services and commodities the Vendor may offer the Department, at no additional cost, beyond those services and commodities expressly included in this ITN, which may be unknown to the Department at this time yet meet its overall goals

1.4.22 Vendor: A legally qualified corporation, partnership, or other business entity submitting a Reply to the Department in response to this ITN.

1.4.23 Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier diversity, and bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

1.5 Timeline of Events

The Department established the following Timeline for this ITN. Each Vendor must adhere to this Timeline and any Timeline revision(s). The Department will post any Timeline revision as an addendum to the ITN advertisement in accordance with Section

2.5 of this ITN. All references to the “Timeline” herein refer to the Timeline in this Section.

All times below are Eastern Time (E.T.).

Respondents shall not rely on the Business Network time clock. It is not the official submission date and time deadline. In the event of a technical malfunction or discrepancy in VIP or in the Business Network, the Timeline of Events listed in the solicitation document shall prevail. The official solicitation dates and time deadlines are reflected in the Timeline of Events.

Timeline of Events Event Time

(ET)

Event Date

Solicitation posted on VIP and in the Business Network. March 21, 2025

Vendor deadline to submit to the Procurement Officer via email to Purchasing@FDC.MyFlorida.com:

1) Attachment J – Confidentiality and Non-Disclosure

Agreement, and

2) Mandatory site visit information supplied to the Procurement

Officer in accordance with Section 2.4 - Site Visit, of this ITN.

3:00 PM March 26, 2025

Mandatory Site Visit, held at:

Moore Haven Correctional Facility

1282 FL-78

Moore Haven, FL 33471 *Please note the provisions of subsection 2.5, below, which provide the Department the right to issue an addendum to change the date of the site visit if necessary.

9:00 AM March 31, 2025

Deadline to submit questions in the Business Network. 5:00 PM April 4, 2025

Anticipated date of posting Q&A on VIP and in the Business Network. May 5, 2025

Deadline to submit Reply and all required documents in the Business Network 2:00 PM May 16, 2025

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Public meeting: Reply Opening

Florida Department of Corrections Bureau of Procurement 501 South Calhoun Street Tallahassee, Florida 32399

2:01 PM May 16, 2025

Anticipated Evaluation Team Meeting.

Meeting Location:

Florida Department of Corrections Bureau of Procurement 501 South Calhoun Street Tallahassee, Florida 32399

May 21, 2025

Anticipated Negotiations. June – July 2025

Anticipated Negotiation Team Meeting. July 2025

Anticipated date to post Notice of Intent to Award. July 2025

Anticipated Contract execution date. August 2025

Anticipated date to fully transition services to awarded Respondent. July 2026

1.6 Special Accommodations

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

1.7 Procurement Officer

The Procurement Officer is the sole point of contact for this ITN.

Procurement Officer for this solicitation is:

Sharita Newman, Procurement Officer Bureau of Procurement Office of Financial Management Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3700 Email: Purchasing@fdc.myflorida.com

*** ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT LINE. ***

Between the release of the solicitation and the end of the 72-hour period following the advertisement of the Notice of Agency Decision (the 72-hour period excludes Saturdays, Sundays, and State holidays), Vendors responding to this ITN, and persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to mailto:Purchasing@fdc.myflorida.com

Operation and Management of Contractor-Operated Correctional Facilities Page 8 of 37 the Procurement Officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), F.S.

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any verbal discussion with a State employee related to this ITN. Only written communications from the Procurement Officer are considered duly authorized expressions on behalf of the Department. Only written communications from a Vendor will be recognized as duly authorized expressions on behalf of the Vendor. Any discussion by a Vendor with an employee or representative of the Department involving cost or price and occurring before the Department advertises its notice of agency decision may result in the rejection of that Vendor's Reply.

1.8 On-Site Contract Monitor

Vendor shall make workspace available at the Facility to the On-Site Contract Monitor.

On-Site Contract Monitor workspace must be approved by the Bureau Chief. Vendor shall provide a smart phone with access to email and access to view the facility’s camera system from the desktop computer and remote access. The desktop computer shall include access to the internet with a dedicated quality of service of least one and one half (1.5) megabytes up and down, compatibility with the most current Microsoft software and access to a printer and scanner in a secure location or with passcode requirements to ensure security.

Vendor shall notify the On-Site Contract Monitor promptly of, and prior to, all tours and official visits. Notification should be provided as soon as a tour or official visit is scheduled or upon entrance of an unannounced tour or official visit. The On-Site Contract Monitor shall be notified by email and telephone.

1.9 Personnel

Vendor shall at all times provide sufficient trained staff to provide for and maintain the security, control, custody, and supervision of inmates of the Facility in compliance with applicable court orders, the ACA Standards, and this Contract. Vendor shall provide an organization chart to include all positions within the facility, indicating which positions are certified, critical complement and mission critical.

SECTION 2. SOLICITATION PROCESS

2.1 General Overview

The ITN is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. Replies must be submitted by the date listed in subsection 1.5, Timeline of Events.

The Department will hold a public opening of the Replies at the date, time, and location in accordance with subsection 1.5, Timeline of Events. After the Department has reviewed and evaluated the Replies and held negotiation sessions with select Vendors, the Department will post its Notice of Intent to Award on the VIP.

2.2 Questions and Answers

The Department invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted in the Business Network by the time and date reflected in the ‘Timeline of Events’ section. Respondents are strongly encouraged to ask any questions regarding this ITN, including the proposed Term Contract terms and

Operation and Management of Contractor-Operated Correctional Facilities Page 9 of 37 conditions, prior to the deadline to submit questions. The Department is not obligated to revise the solicitation or attachments.

2.3 Confidentiality and Non-Disclosure Agreement

To be eligible to respond to this ITN, vendors must obtain Attachment D - Florida Department of Corrections Policies and Procedures and Health Service Bulletins, Attachment I – Contract Performance Indicator Tool, Attachment K – 602.016 Security Procedures, the Draft Contract’s Exhibit B – Transfer Agreement, Exhibit C – Memorandum of Agreement – Emergency Team Response Firing Range, and Exhibit D

- Memorandum of Agreement – Release of Liability directly from the Procurement Officer.

These files contain portions of Confidential Information.

To obtain these attachments, a vendor must submit a fully completed copy of Attachment J – Confidentiality and Non-Disclosure Agreement, to the Procurement Officer via email at Purchasing@FDC.MyFlorida.com, by the time and date indicated in Section 1.5, Timeline of Events. The Department will not consider any modifications to the Confidentiality and Non-Disclosure Agreement.

Upon receipt of Attachment J, the Department will provide Attachment D - Florida Department of Corrections Policies and Procedures and Health Service Bulletins, Attachment I – Contract Performance Indicator Tool, Attachment K – 602.016 Security Procedures, the Draft Contract’s Exhibit B – Transfer Agreement, Exhibit C – Memorandum of Agreement – Emergency Team Response Firing Range, and Exhibit D

- Memorandum of Agreement – Release of Liability directly from the Procurement Officer.

These files contain portions of Confidential Information, to the vendor.

2.4 Site Visit

The Department will conduct a Mandatory Pre-Reply Conference and Site Visit on the date, time, and location specified in Section 1.5, Timeline of Events.

The purpose of this conference and site visit is to ensure all bidders understand the exact location of the facility and its layout and present condition, to discuss the contents of this ITN and accept verbal questions from potential Vendors. The Department will make a reasonable effort to provide answers during this event. Impromptu questions will be permitted, and spontaneous answers provided; however, parties should clearly understand that the Department will issue a written, binding response ONLY to those verbal questions subsequently submitted on or before the deadline in writing in accordance with Section 2.2 of this ITN. The Department’s written response will be provided to all potential Vendors via advertisement on the VIP as an addendum to the ITN and shall be considered the Department’s official answers. Oral answers and discussions shall not be binding upon the Department.

A completed and approved background check is mandatory to attend the site visit. For a background check, potential Vendors must send an email to Purchasing@FDC.MyFlorida.com at least two (2) Business Days prior to the site visit and furnish the following information for all attendees: the attendee’s full name, race, sex, social security number, date of birth, and driver’s license number and state of issuance.

All Department security procedures shall apply.

Persons present as attendees must be the same individuals for whom background information was provided and must be approved by the Department prior to the site visit.

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Vendors who did not seek prior approval and complete the background check may be denied access. Attendees must present photo identification at the site.

2.5 Addendum to the Solicitation

The Department reserves the right to modify this solicitation by addenda. The addenda may modify any aspect of this solicitation. Any addenda issued will be posted on VIP and the Business Network. It is the Respondent’s responsibility to check VIP and the Business Network for any changes throughout the procurement process and prior to submitting a Reply.

2.6 Electronic Posting of Notice of Intent to Award

The Department will electronically post a Notice of Intent to Award on VIP and in the Business Network in accordance with Section 1.5, Timeline of Events of this ITN. The Notice of Intent to Award will remain posted for 72 hours, not including Saturdays, Sundays, or State holidays, as specified in section 110.117, F.S.

2.7 Contract Formation

The Contract will consist of the documents identified in the definition of “Contract” in Attachment A – Draft Contract. By submitting a Reply, the Respondent acknowledges its understanding and acceptance of all terms and conditions of the Contract. If a vendor has questions regarding any of the terms of the Contract, it is encouraged to submit those during the Question & Answer period. The Department reserves the right to revise the contract as needed to cover any rule, statute, or federal changes.

2.8 Modification or Withdrawal of Reply

Respondents may modify their Replies at any time prior to the Reply due date by sending the modified Reply to the Procurement Officer. Modified Replies should be clearly marked on the outside of the package with the solicitation number, Respondent name, and Procurement Officer name. A Respondent may withdraw its Reply at any time prior to the public opening by notifying the Procurement Officer in writing.

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

3.1.1 The State’s General Contract Conditions (Form PUR 1000) may be viewed at the link below and are hereby incorporated by reference in their entirety as part of this ITN.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_r esources/state_purchasing_pur_forms

3.1.2 The PUR 1001, General Instructions to Respondents (2006 version), is incorporated by reference and can be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_re sources/state_purchasing_pur_forms

3.1.3 The terms and conditions set forth within this ITN supersede any conflicting terms and conditions set forth within forms PUR 1000 or PUR 1001.

3.2 Special Instructions

The PUR 1001, General Instructions to Respondents, is superseded to the extent set forth in the following Special Instructions.

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

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Paragraphs 3, 4, 5, 7, 9, 14, 15, 19, and 20 of the PUR 1001 are inapplicable and are replaced as follows:

3 Electronic Submission of Responses

Replies shall be submitted in accordance with Section 3.26, How to Access the Sourcing Event in MyFloridaMarketPlace.

4 Terms and Conditions.

All Replies are subject to the terms of this solicitation, which, in case of conflict, will have the order of precedence listed in the ‘Order of Precedence for Solicitation’ section.

The Department will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Reply. In submitting its Reply, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

5 Questions

Questions shall be submitted in accordance with the “Questions and Answers” section of this solicitation.

7. Convicted Vendor, Discriminatory Vendor, and Antitrust Violator Vendor

Lists

a. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not 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 36 months following the date of being placed on the Convicted Vendor List.

b. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. 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, proposal, or reply for any

Operation and Management of Contractor-Operated Correctional Facilities Page 12 of 37 new contract to provide any goods or services to a public entity; may not submit a bid, proposal, 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, proposal, 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.

9. Respondent’s Representation and Authorization.

In submitting a Reply, the Respondent understands, represents, and acknowledges the following:

a. The Respondent is not currently under suspension or debarment by the State or any other governmental authority.

b. The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

c. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Reply.

d. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation opening.

e. The Respondent has fully informed the Department in writing of all convictions of the Respondent, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the Respondent and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

f. Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or in a position involving the administration of federal funds:

o Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has, within a three-year period preceding this certification, had one or more federal, state, or local government contracts terminated for cause or default.

g. The products and services offered by the Respondent conform to the specifications contained herein without exception.

h. The Respondent has read and understands the terms and conditions listed in the Draft Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Respondent, the Respondent agrees that it will execute the Draft Contract.

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j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Reply, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Reply.

k. The Respondent shall indemnify, defend, and hold harmless the Department, Customer, and their employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Reply.

l. All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Department and Customers of the true facts relating to the submission of the Reply. A misrepresentation may be punishable under law.

The Department reserves the right to deem the Respondent non-responsive or non-responsible based on any information provided in, or omitted from, the Respondent’s Reply related to the certifications of this section.

14. Firm Response

The Department may enter into negotiations within sixty (60) days after the date of the opening, during which period Replies shall remain firm and shall not be withdrawn.

15. Clarifying Information.

The Department may request, and Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive.

19. Public Records The Department takes its public records responsibilities as provided under Chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously. If the Vendor considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Vendor must also simultaneously provide the Department with a separate redacted copy of its response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the Vendor on the cover, and shall be clearly titled “Redacted Copy.” The redacted copy shall be provided to the Department at the same time the Vendor submits its Reply to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. The Vendor shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, the Vendor shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the Vendor fails to submit a Redacted Copy with its Reply, the Department is authorized to produce the entire documents, data or records submitted by the

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Vendor in answer to a public records request for these records. In no event shall the Department, or any of its employees or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this solicitation.

20. Protests Under Section 120.57(3), F.S., any person who is adversely affected by the agency decision or intended decision shall file a notice of protest or formal written protest with the Department's Agency Clerk. Filings may be made physically at 501 South Calhoun Street, Tallahassee, Florida 32399-2500 or by email to CO- GCAgencyClerk@fdc.myflorida.com. Protests must be made in compliance with Rules 28-110.003, 28-110.004, and 28-110.005, F.A.C. Filings received after the business hours of Monday – Friday from 8:00 a.m. to 5:00 p.m. ET will be filed the next Business Day.

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

3.3 MyFloridaMarketPlace (MFMP) Registration

All Contractors doing business with the State as defined in Section 287.012, F.S. must register in the MFMP Vendor Information Portal (VIP) system unless exempted under Rule 60A-1.030, Florida Administrative Code (F.A.C.). State agencies shall not agree to purchase commodities or contractual services with any Vendor not registered in MFMP unless exempted by rule. A Vendor not currently registered in MFMP shall do so within five days of the ITB award. Vendors may complete their MFMP registrations at:

http://vendor.myfloridamarketplace.com. Vendors needing assistance regarding their MFMP registration may contact the MFMP Customer Service Desk at 1-866-352-3776 or vendorhelp@myfloridamarketplace.com.

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), 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%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, 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 Agency 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.

3.4 Substitute W-9

The Florida Department of Financial Services (DFS) requires all Vendors doing business with the State to submit a Substitute W-9 Form electronically. To submit Forms, find frequently asked questions, and receive other assistance, Vendors can visit https://flvendor.myfloridacfo.com. For additional help, Vendors may contact DFS at (850) 413-5519 or FLW9@myfloridacfo.com.

mailto:CO-GCAgencyClerk@fdc.myflorida.com mailto:CO-GCAgencyClerk@fdc.myflorida.com http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

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Other Terms and Conditions

3.5 Retention of Records and Documentation

A. Public Records Law

To the extent that information is utilized in the performance of the Contract or generated as a result of it, and to the extent that information meets the definition of "public record," as defined in Section 119.011(12), F.S., that information is recognized as a public record. Absent a provision of law, rule, or regulation requiring otherwise, public records shall be made available for inspection and copying by any person upon request as provided in Chapter 119, F.S. By submitting a Reply, the Vendor agrees to the following:

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

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

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

4. At the end of the Contract, the Vendor shall transfer all public records in its possession to the Department at no cost or shall keep and maintain public records as required by the Department. If the Vendor transfers all public records to the Department upon completion of the Contract, the Vendor shall destroy any duplicate public records that are confidential or otherwise exempt from public records disclosure requirements. If the Vendor keeps and maintains public records at the end of the Contract, the Vendor shall continue to meet all applicable requirements for retaining and disclosing public records.

5. Under Section 287.058(1)(c), F.S., the Department may unilaterally cancel the

Contract if the Vendor refuses to enable public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with the Contract unless the records are exempt from Art. I, Section 24(a), Florida Constitution and Section 119.07(1), F.S.

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

7. The Contractor agrees to hold the Department harmless from any claim for damages, including reasonable attorneys' fees and costs, and from any fine or

Operation and Management of Contractor-Operated Correctional Facilities Page 16 of 37 penalty imposed due to failure to comply with the public records law or improper disclosure of confidential information. Further, the Vendor promises to defend the Department against the same at the Contractor’s expense.

8. If the Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the Vendor’s duty to provide public records relating to the Contract, contact the custodian of public records at:

Florida Department of Corrections ATTN: Public Records Unit 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-9774 Fax: (850) 922-4355

Website:

https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x) )/SupportHome.aspx

B. Audit Requirements

1. The Vendor agrees to maintain books, records, and documents (including electronic storage media) in accordance with Generally Accepted Auditing Standards (GAAS).

2. The Vendor agrees to include all record-keeping requirements in all subcontracts and assignments related to the Contract.

3. The Vendor shall ensure that a financial and compliance audit is conducted in accordance with the applicable financial and compliance audit requirements as specified in the Contract and CFO Memorandum #20 (2021-22), which is incorporated herein as if fully stated.

C. Record Retention

1. The Contractor shall retain all documents related to the goods or services provided under this ITN for five (5) years after the Contract ends unless State or federal law requires a longer retention period.

2. The Contractor agrees to retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to the Contract following termination of the Contract for the timeframes required by the Florida Department of State, General Records Schedule, GS1-SL, which can be found at the following link:

https://dos.myflorida.com/library-archives/records-management/general-records-schedules/. The Contractor shall maintain complete and accurate record-keeping and documentation as required by the Department and the terms of the Contract.

All invoices and documentation must be clear and legible for audit purposes.

Copies of all records and documents shall be made available for the Department upon request, or no more than two (2) Business Days upon request, if stored at a different site location than the address listed on the Contract. Any records not available at the time of an audit will be deemed unavailable for audit purposes.

Violations will be noted and forwarded to the Department’s Inspector General for review. The Contractor must retain all documents for the appropriate timeframes https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://dos.myflorida.com/library-archives/records-management/general-records-schedules/ https://dos.myflorida.com/library-archives/records-management/general-records-schedules/

Operation and Management of Contractor-Operated Correctional Facilities Page 17 of 37 listed in the GS1-SL record schedule following termination of the Contract, or, if an audit has been initiated and audit findings have not been resolved at the of the appropriate timeframes, the records shall be retained until resolution of the audit findings. The Contractor shall cooperate with the Department to facilitate the duplication and transfer of any said records or documents during the required retention period.

3. The Contractor shall advise the Department of the location of all records pertaining to the Contract and shall notify the Department by certified mail within 10 days if and when the records are moved to a new location.

3.6 Travel Expenses

The Department shall not be responsible for the payment of any travel expenses incurred by the Vendor(s) or Contractor due to this ITN or Contract, unless otherwise expressly indicated.

3.7 Section 957.04, F.S.

The selected Vendor shall comply with all applicable Section 957.04, F.S. contract requirements.

3.8 Independent Contractor Status

The selected Vendor shall be considered an independent contractor in the performance of its duties and responsibilities. The Department shall never neither have nor exercise any control or direction over the methods by which the Vendor shall perform its work and functions other than as provided herein. Nothing is intended to, nor shall be deemed to, constitute a partnership, or a joint venture between the Vendor and the Department.

3.9 Joint Venture Requirements

If a joint venture, the parties must agree to be jointly responsibility for all Contract requirements while also developing an internal governance process that defines which party will have key decision making or responsibilities for each area or matter under the resulting Contract.

3.10 Assignment

The Vendor or Contractor shall not assign its responsibility or interests to another party without prior written approval of the Department. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations to another governmental agency of the State of Florida, upon giving written notice to the Vendor or Contractor.

3.11 Use of Funds for Lobbying Prohibited

The Vendor agrees to comply with the provisions of Section 216.347, F.S., which prohibits the expenditure of State funds for the purposes of lobbying the Legislature, the Judicial Branch, or a State agency.

3.12 Reservation of Rights

The Department reserves the exclusive right to make certain determinations regarding the service requirements. The absence of the Department setting forth a specific reservation of rights does not mean that any provision regarding the services to be performed is subject to mutual agreement. The Department reserves the right to make any and all determinations exclusively which it deems are necessary to protect the interests of the State and the health, safety, and welfare of the Department’s Inmates, and of the general

Operation and Management of Contractor-Operated Correctional Facilities Page 18 of 37 public, which is served by the Department, either directly or indirectly, through these services.

3.13 Subcontracts

The Contractor is fully responsible for all work performed under the resulting Contract. The Contractor may, upon receiving written consent from the Contract Manager, use service providers and/or enter into written Subcontract(s) for the performance of certain functions under the Contract. No Subcontract, which the Contractor enters into with respect to performance of any of its functions under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. The Contractor shall make payments to Subcontractors. If a Subcontractor is utilized by the Contractor, the Contractor shall pay the Subcontractor within seven (7) Business Days after receipt of full or partial payments from the Department, in accordance with Section 287.0585, F.S. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any Subcontract. The Contractor shall be solely liable to the Subcontractor for all expenses and liabilities under the Contract. The Contractor’s failure, without reasonable cause, to pay a Subcontractor within seven (7) Business Days will result in a penalty to be paid by the Contractor to the Subcontractor in the amount of 0.5% of the amount due per Day past the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

All subcontractors shall comply with Contract requirements to the same extent as the Contractor, including requirements regarding security measures.

Also, all subcontracts shall comply with the Department's Procedure 205.002 "Contract Management", and shall include the items noted below:

•Identity of the Subcontractor (i.e., company, individual, etc.) that will be performing the subcontracted services;

•Qualifications of the Subcontractor;

•License(s) and certification(s) provided by the Subcontractor, required to perform the subcontracted services; and •Include the specific clauses noted below from the Contract between the Contractor and the Department:

o Cooperation with the Inspector General o Cooperation with the Florida Senate and the Florida House of Representatives o E-Verify o Staff Background/Criminal Records Checks

Additionally, all Subcontractor agreements must include a statement from the proposed Subcontractor acknowledging acceptance of and intent to be bound by the Contract terms included in the Contract between the Department and the Contractor.

3.14 Safety Standards

Unless otherwise stipulated in this ITN, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act (OSHA) and any standards thereunder.

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3.15 Americans with Disabilities Act

The Vendor or Contractor shall comply with the Americans with Disabilities Act. In the event of the Contractor’s noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, the Contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Contracts.

3.16 Health Insurance Portability and Accountability Act

The Contractor shall comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and all applicable regulations promulgated thereunder. Agreement to comply with HIPAA is evidenced by the Contractor’s execution of the resulting Contract, which may include and incorporate a Business Associate Agreement, as part of the Contract.

3.17 Non-Discrimination

No person, on the grounds of race, creed, color, national origin,…