ITN AES 23 24 120_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Negotiate (ITN) No: ITN AES 23 24 120

Title: Division of Agricultural Environmental Services

Examination Administration System and

Examination Proctoring Services

Stephanie Bergozza, 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 AES 23 24 120

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (Department) issues this Invitation to Negotiate (ITN) for qualified, interested Vendors with proven experience in providing online, remote delivery, proctoring, and in-person examination administration services as further described herein. This ITN and all activities leading toward the anticipated issuance of the Contractual Services Agreement are conducted pursuant and subject to Chapter 287, Florida Statutes (F.S.), and Rule 60A-1, Florida Administrative Code (F.A.C.), and 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 ITN unless modified by the Department by written addenda published to the VIP. All required actions must be completed by the date and time indicated on the timeline. It is the responsibility of the Vendor to monitor the VIP. All times listed are Eastern Time (ET).

EVENT DATE/TIME LOCATION

Release of ITN June 13, 2024 Vendor Information Portal

Last Day for written Inquiries to be received by the

Department. No questions will be accepted after this date.

June 28, 2024

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

July 9, 2024 Vendor Information Portal

Sealed Replies Due July 23, 2024

5:00 PM

Florida Department of Agriculture and Consumer Services

407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Opening July 24, 2024

10:00 AM

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

Evaluation Phase (Anticipated) August 2024

Presentations/Negotiations (Anticipated)

August – September 2024

Public Meeting-Award Recommendation (Anticipated)

October 3, 2024

2:00 PM

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

Notice of Agency Decision/Intent to Award

(Anticipated) October 8, 2024 Vendor Information Portal

The Department will utilize the State of Florida VIP as the single resource for all ITN Public Notice information in accordance with Rule 60A-1.021, F.A.C.

https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids

1.3 Definitions

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

1.2.1. Americans with Disabilities Act (ADA): Legislation which prohibits discrimination based on disability, which can be found in the Code of Federal Regulations (C.F.R.) at 28 C.F.R., Parts 35 (Title II) and 36 (Title III).

1.2.2. Best Value: The highest overall value to the State based on factors that include but are not limited to price, quality, design, and workmanship.

1.2.3. Business Day: Monday through Friday, excluding State holidays or other closures.

1.2.4. Business Hours: 8:00 a.m. to 5:00 p.m., Eastern Time, each Business Day.

1.2.5. Contract: The formal written agreement resulting from this ITN between the awarded

Vendor and the Department.

1.2.6. Contract Manager: The Department’s employee, or its designee, responsible for performance oversight and operational management of the Contract. The Contract Manager will be designated in the Contract.

1.2.7. Contractor: The Vendor who receives the award of this ITN and will be performing contractual duties as the prime Contractor under the Contract.

1.2.8. Day: A calendar day, unless otherwise stated.

1.2.9. Department (FDACS): The Florida Department of Agriculture and Consumer Services.

1.2.10. 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 the quantity or quality of the services sought, or on the cost to the Department.

1.2.11. Minor Irregularity: A variation from 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.

1.2.12. Reply: All materials submitted by a Vendor in response to this ITN.

1.2.13. Respondent: The person, entity, or Vendor submitting a Reply in response to an ITN.

1.2.14. Responsive Reply(ies): A Reply, submitted by a Responsive and Responsible Vendor that conforms in all material respects to this solicitation.

1.2.15. SaaS: Software as a service.

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

1.4 Public Opening

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

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

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

1.5 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) Business 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 (800) 955-8771 (TDD) or visit https://www.ftri.org/relay for assistance.

1.6 Mandatory Requirements

The Department 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. 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.

1.7 Conflicts and Order(s) of Precedence

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

1) Addenda, in reverse order of issuance,

2) ITN, including attachments,

3) PUR 1000, General Contract Conditions, and

4) PUR 1001, General Instructions to Respondents.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Objective

The Department’s Division of Agricultural Environmental Services (Division) is charged with the development and administration of multiple state license examinations. Historically, the Department has partnered with a service provider to administer the examinations in various in-person and online formats. The goal of this ITN is to issue a single award to a Vendor for the administration and proctoring of each regulatory examination provided by the Department.

2.2 Background

The Division is charged with providing pest control, agricultural pesticide, and mosquito control exams either directly or via an authorized Vendor(s). Specifically, Sections 482.111, 482.141, 482.151, 482.155, 482.156, and 482.157, F.S., require applicants for Pest Control licenses to take and pass an examination that covers the provisions of Chapter 482, F.S. Similarly, Section 487.044, F.S., requires applicants for an Agricultural Pesticide License to take and pass required examinations that cover the provisions of Chapter 487, F.S. Lastly, Section 388.361, F.S. grants 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 the Department authority to set examination requirements for licensure via Rule 5E-13, F.A.C.

Approximately 7,400 total exams were administered last year overall. Further details are provided below for each of the testing areas. Approximately 70% of all remote proctored exams occur outside of the Business Day, requiring 365 days / 24 hours availability to be provided.

Pest Control Examinations An applicant for a pest control license under Chapter 482, F.S., may take an exam for one or more of the following certification types (all multiple-choice exams):

Examination Duration (In hours)

Required # of

Questions

Certified Pest Control Operator Lawn and Ornamental 4 200

Certified Pest Control Operator General Household and Rodent Control 4 200

Certified Pest Control Operator Fumigation 4 200

Certified Pest Control Operator Termite and Other Wood Destroying Organisms 4 200

Limited Commercial Landscape Maintenance 2 80

Limited Commercial Wildlife Management 2 30

Limited Gov't/Private Lawn and Ornamental Pest Control 2 80

Limited Gov't/Private Structural Pest Control 2 80

Special Fumigation Identification Cardholder 3 100

The passing score for all exam types listed above is 75%. Depending on the exam, some pre-requisites are required prior to testing. All vetting of examinees will be completed by the Department and examinees will be provided with a voucher number upon meeting the requirements for testing. The voucher number will be utilized by the testing Vendor, which will need to be validated by the Department prior to the examinee being authorized to test. There were approximately 1,600 exams proctored for this section in the past year.

Agricultural Pesticide Licensing Examinations An applicant for a pest control license under Chapter 487, F.S., may take an exam for one or

(In hours)

Required # of

Questions

Core 2 50

Aerial 2 50

Agricultural Animal 2 50

Agricultural Row Crop 2 50

Agricultural Tree Crop 2 50

Organotin Antifouling Paint 2 50

Aquatic 2 50

Chlorine Gas Infusion 2 45

Demonstration & Research 2 20

Forest Pest Control 2 50

Natural Areas Weed Management 2 50

Ornamental & Turf 2 50

Private Applicator Agriculture 2 50

Raw Agricultural Commodity Fumigation 2 50

Regulatory Pest Control 2 50

Regulatory Inspection & Sampling 2 35

Right-of-Way 2 50

Seed Treatment 2 25

(In hours)

Required # of

Questions

Sewer Root Control 2 60

Soil & Greenhouse Fumigation 2 50

Wood Treatment 2 50

The passing score for all exam types listed above is 70%. The Department will provide examinees with a voucher number upon submitting an exam application. The voucher number will be utilized by the testing Vendor, which will need to be validated by the Department prior to the examinee being authorized to test. There were approximately 5,300 exams proctored for this section in the past year.

Mosquito Control Examinations An applicant for a mosquito control license under Chapter 388 F.S., may take an exam for one or

(In hours)

Required # of

Questions

Core 2 50

Public Health Pest Control 2 50

Public Health Director exam 4 40

The passing score for all exam types listed above is 70%. The Department will provide examinees with a voucher number upon submitting an exam application. The voucher number will be utilized by the testing Vendor, which will need to be validated by the Department prior to the examinee being authorized to test. There were approximately 500 exams proctored for this section in the past year.

2.3 Questions Being Explored in the ITN

1) How will the Respondents’ proposed services meet the needs of the Department?

2) How will the Respondents provide their services in a cost-effective and efficient manner for the Department, examinees, and the state?

3) How will Respondents address the Department’s locational needs for in-person testing?

4) How will Respondents meet the Department’s technological expectations and requirements?

5) How will Respondents provide a seamless transition of services?

2.4 Scope of Work

Appendix I, Statement of Work, provides the draft scope of services sought by the Department.

The Contractor is expected to provide each functionality as specified in the Statement of Work (Appendix I) to include online testing (in person and remote), online proctoring services, and in-person testing. For the administration of in-person examinations, test site locations will be required to provide all the necessary (1) information technology (IT) equipment required for service delivery, (2) Contractor staff, and (3) internet connectivity required for the examination.

The Department does not require that the test site locations be Contractor-owned locations.

The Department is considering Replies for Vendor hosted solutions (SaaS) only. The Department is not interested in software development projects.

2.5 Compensation

The Contractor will be authorized to propose a development and implementation fee for the Statement of Work (Appendix I). The Department will not be responsible for any additional fees beyond the initial development and implementation for the requirements outlined in the Statement of Work (Appendix I).

The Contractor will be responsible for collecting a convenience fee from the examinee. The fee to be collected from the examinee is determined by the Statement of Work, the Division, and Florida Statutes. The convenience fee will be the Contractor’s sole compensation from the examinee.

2.6 System Requirements and Security

The Contractor will be required to comply with the terms of Appendix II.

2.7 Department Documentation, Confidentiality, and Intellectual Property

The Department is seeking a Vendor to deploy all pesticide exams on a highly qualified computer-based testing system that meets all functional, technical, and security requirements required by the Department. All exam questions and answers and exams provided by the Department or generated by the Vendor shall be the intellectual property of the Department.

Anything by whatsoever designation it may be known, that is produced by, or developed in connection with this ITN shall become the exclusive property of the Department and may be copyrighted, patented, or otherwise restricted as provided by Florida or federal law. Neither the Vendor nor any individual employed under the resulting Contract shall have any proprietary interest in whatever is produced by or developed in connection with this ITN.

All Department documents, intellectual property, test questions, test answers, and anything provided to Vendor shall remain the property of the Department. The Department shall have exclusive ownership of any program materials relating to the Department’s testing program prepared for, produced by, or developed in connection with this ITN by the Vendor, unless otherwise agreed to, in writing, by both parties. Program materials include, but are not limited to, any test questions, test answers, test bank information, test forms, test security protocols and procedures, any software or systems newly developed by the Vendor as a result of this ITN, and anything else produced by Vendor relating to the Department’s testing program.

The Vendor shall hold confidential all the information related to tests, testing, test materials, test security procedures, examinee verification procedures, and anything else relating to the Department’s testing program and shall not disclose this information except as required by law.

The Department shall have exclusive ownership of any data entered into the system used as a result of this ITN, and any information derived from such data. Such data may include, but is not limited to, exam items, examinee information, exam results, and statistics. The Vendor will be expressly prohibited from using, modifying, or disclosing any of the Department’s data, including derived data, unless further defined in the resulting Contract.

SECTION 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS

3.1 Advertisement

This ITN is hereby advertised on the State of Florida VIP (https://vendor.myfloridamarketplace.com/search/bids). To find this 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 Department’s Procurement Officer, listed in Section 3.3 of this ITN.

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.

PUR 1001 is available at https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_ to_Respondents.pdf.

Any terms and conditions set forth within this 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, as 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 Department, 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 Department publishes the Notice of Agency Decision 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. Oral inquiries, or those submitted after the period specified in the Timeline, may not be acknowledged.

The Department’s answers to Vendors’ written questions received by the deadline will be published 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:

Stephanie Bergozza Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@FDACS.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE ITN 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 or other closures), 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 Reply, as per Section 287.057(25), F.S.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:Bids@FDACS.gov

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 published on the VIP at https://vendor.myfloridamarketplace.com/search/bids as a written addendum. Any addenda issued in relation to this solicitation shall thereby become part of the final ITN specifications and requirements.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each Vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., 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:

• 81161501 – Software application administration service

• 43232100 – Content authoring and editing software

• 43232200 – Content management software

• 43232500 – Educational or reference software

• 80111718 – Employee skill testing and assessment service

• 86141500 – Educational guidance services

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 Contractor 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 the Department 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/Respondent in preparing its Reply to this ITN.

3.8 Instructions for Submittal

Each Vendor Reply shall be prepared simply and economically, providing a straightforward, concise delineation of the Vendor’s capabilities to satisfy the requirements of this ITN. 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:

https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

Florida Department of Agriculture and Consumer Services Attention: Stephanie Bergozza 407 S. Calhoun Street, SB-8 Mayo Building

2) Electronic (email/fax) submission of Replies will not be accepted for the ITN.

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

4) It is the Respondent’s responsibility to assure its Reply submittal is delivered to the proper place and time as stipulated in the Timeline.

5) 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.

Replies are due, and will be publicly opened, at the time date, and location specified in the Timeline. Vendor Replies 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 Reply if it is not properly sealed, addressed, or identified.

3.9 Disclosure of Reply Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the Vendor or its agents or returned. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any Reply. Selection or rejection of a Reply shall not affect this right.

SECTION 4.0 ITN RESPONSE CRITERIA AND EVALUATION PROCESS

4.1 Reply Format

The Department is accepting a combination of a physical original and digital copies of the Respondents’ Replies to this ITN. ITN Replies must be submitted in sealed package/hard copy format and electronic copies divided into volumes containing the information below.

Sealed Package Volume Section Name Copies

Volume I

• Administrative Forms

• Cost Reply

• License Agreements

• Redacted Technical and Relevant Experience Reply (If applicable)

One (1) Original Hard Copy and One (1) Digital USB Flash Drive

Sealed Package Volume Section Name Copies

Volume II

• Technical Reply

• Relevant Experience One (1) Digital USB Flash Drive

Respondents must submit one (1) hardcopy (i.e., a physical hardcopy) of the Administrative Forms and Price Sheet, as well as one (1) duplicate electronic copy of the Administrative Forms and Price Sheet on one (1) separate USB flash drive.

ITN Reply packets shall be delivered to the Department’s purchasing office before the specified due date in a sealed package labeled with the Respondent’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. To expedite the evaluation process, it is essential that Respondents follow the format and instructions contained herein.

The ITN Reply 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 Respondent’s Reply, or a zero-point score for that section. The Respondent’s Reply should clearly identify each area, as listed below, with an index tab or other type of identification.

VOLUME I: FORMS, COST REPLY, AND LICENSE AGREEMENTS

(No points will be awarded for Volume I)

TAB A: ADMINISTRATIVE FORMS

1) Respondent Acknowledgement

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

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

For the Respondent’s ITN Reply to be considered responsive, the Respondent must include Attachment A, Acknowledgement Form, with their Reply.

2) Florida Preference Certifications

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

a. CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), F.S., if two (2) equal Replies are received and one (1) Reply is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Respondents must provide a copy of this certification in their Reply to receive this preference.

b. CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, F.S., whenever two (2) or more 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, respondents must provide FDACS-01218 / Attachment B, Certification of Drug- Free Workplace Program, that it has implemented a drug-free workplace program.

c. FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

Pursuant to Section 295.187(4), F.S., a state agency, when considering two (2) or more Replies for the procurement of commodities or contractual services, at least one (1) of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified veteran business enterprise. Proof of certification pursuant to Section 295.187(5), F.S., shall accompany the proposal. Failure to submit proof of certification will result in non-application of the preference.

3) Mandatory Certifications

a. NO PRIOR INVOLVEMENT AND CONFLICT OF INTEREST

Pursuant to Section 287.057(19)(c), F.S., 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 Respondent 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.

In order for a Respondent’s Reply to be considered responsive, Respondents must complete the FDACS-01342 / Attachment C, Conflict of Interest Statement, and include it in the ITN Reply package.

b. SCRUTINIZED COMPANIES AND PROHIBITED BUSINESS ACTIVITIES

Pursuant to Section 287.135, F.S., a company is ineligible to, and may not submit a Reply 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 Reply submission for, or entering into or renewing such contract, the company is on the Scrutinized Companies list pursuant to this section.

For an ITN Reply to be considered responsive, Respondents must complete the FDACS-01691 / Attachment D, Certification Regarding Scrutinized Companies, and included in its ITN Reply package. The Department may immediately terminate any contract, as a result of this ITN, for cause if the contractor is found to have submitted a false certification.

c. CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS FOR ECPENDITURE OF FEDERAL FUNDS TIE BIDS

Respondents submitting a Reply to this ITN must complete the enclosed form FDACS-01522 / Attachment E, Certification Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters for Expenditure of Federal Funds, and enclose it with its 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.

TAB B: COST REPLY

The Respondent shall submit a price proposal with its Reply indicating the Implementation Fee for providing testing services and the Cost Reply for providing testing site services as described in this ITN for the resulting Contract. Tab B shall be provided in a separate, sealed envelope, and is not to be included in the Respondent’s Technical Reply.

TAB C: LICENSE AGREEMENT

Include any licensing and software agreement terms and conditions that may be presented throughout the Contract. The inclusion of such terms by the Respondent is subject to the review and approval of the Department. If there is a conflict between the Respondent generated licensing and/or software agreement terms and the Department Terms and Conditions noted herein, the Department Terms and Conditions incorporated into this solicitation and resulting Contract will prevail.

TAB D: RESPONDENT’S DUTY TO ASSERT EXEMPTION FROM DISCLOSURE AS A PUBLIC

RECORD

The Department takes its public records responsibilities under Chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If a Respondent 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 Respondent must also provide Department with a separate “Redacted Copy” of its Reply on a USB flash drive, at the time of Reply submission.

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.

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

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

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

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

VOLUME II: TECHNICAL REPLY / RELEVANT EXPERIENCE (200 POINTS MAXIMUM)

TAB A: TECHNICAL REPLY (200 points maximum)

1) Background and Structure. The Respondent shall provide their background and organizational structure. This should include years in operation and years involved in work related to this solicitation.

Include details of the firm’s size, resources, ownership, total number of employees and total number of personnel engaged in activities relevant to this ITN.

2) Organizational Ability. The Respondent shall provide a detailed narrative of their qualifications that documents, demonstrates and represents their organization’s ability to carry out the required services.

Identify key personnel and subcontractors that will be assigned to this contract, include their roles and responsibilities. The resumes for the proposed project manager(s), principal point of contact, and other key personnel must be provided. Office locations for key personnel must also be identified.

(30 points)

3) Response to Statement of Work. The Respondent should include how it will meet the requirements outlined in the Division’s Statement of Work (Appendix I). (100 points)

4) Quality Control. The Respondent should have a quality control plan. This section shall explain the proposed review/quality control process to be implemented to ensure that quality work products and services can be delivered in a timely manner. The selected Contractor may work on several examination administration activities simultaneously and therefore, should indicate how work overloads will be managed to prevent schedule delays. (20 points)

5) Testing Center Locations. The Respondent will provide an active listing of in-person testing center locations. For each center, provide the type of center (e.g., library, community college, etc.), capacity, number of computers available for testing, and location. (50 points maximum)

Number of Test Site Locations Points

Below 15 0

15 – 25 10

26 – 50 20

51 – 75 30

76 – 100 40

101 or more 50

TAB B: RELEVANT EXPERIENCE (50 points maximum)

The Respondent shall provide a detailed narrative of prior relevant experience involving the online delivery of clients’ high stakes examinations similar to those described in the Statement of Work (Appendix I). 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 Respondent shall provide names, addresses, phone numbers, and email contacts of the three (3) customers for whom the Respondents have identified in this narrative on the FDACS-01222 / Attachment F, References/Past Performance. Customer references must be current or former clients of the Respondent. The Department will not accept references from current or former subcontractors or references from current, former, or proposed personnel or other personal references as a substitute for customer references. The Department reserves the right to contact each customer reference during negotiations to verify the information provided and validate the performance of the Respondent.

References will not be considered during the evaluation stage of the ITN.

TAB C: SUB-CONTRACTORS (No points will be awarded for Tab C)

In order to warrant that only qualified and competent subcontractors will be employed on the project, the Contractor shall submit to the Department a list of subcontractors who will perform work. The Contractor must have determined, to its own complete satisfaction, that a listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time and is qualified both technically and financially to perform the phase of this work listed herein.

Any subcontractor(s) not listed and approved by the Department will not be allowed to proceed with any work related to this project. The Department shall have the right to examine the technical qualifications of any subcontractor and to request additional documentation of a subcontractor’s technical and financial qualifications.

Any subcontractor(s) proposed after the execution of a Contract must be submitted in writing to the Department for approval. Work by the proposed subcontractor must not commence until the Department has given approval.

The Department shall have the right to prohibit the use of any subcontractor that in its own discretion does not satisfactorily meet the business experience, technical or financial qualifications necessary to perform this work. If applicable, Respondents must complete FDACS-01221 / Attachment G, List of Subcontractors and include it in the Respondent’s Reply.

TAB D: INITIAL IMPLEMENTATION AND TRANSITION PLAN (50 points maximum)

The Respondent shall provide a plan for the AES Examination Administration and Examination Proctoring Services system configuration, implementation, and roll-out approach that includes a list of major transition activities, with responsible parties, and timeframes in accordance with Appendix I - II.

This plan shall include timeframes for the transition of services from the current Contractor.

TAB E: SYSTEM REQUIREMENTS AND SECURITY (No points will be awarded for Tab E)

The Respondent shall describe their systems features and provide a narrative as to how it will meet the requirements of Appendix II.

4.2 Reply Administrative Review

Each Respondent 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.

Material requirements of this ITN are those without which adequate analysis and comparison of Replies is impossible, or those that affect the competitiveness of Replies. The Department seeks to maximize competition and reserves the right to seek clarification from responding Respondents to obtain non-material information to complete a responsiveness review. Failure of a Respondent to provide required information may cause a Respondent to be deemed non-Responsive and therefore be disqualified from further considerations.

Non-Responsive Replies may include, but are not limited to, those which:

1) fail to utilize, complete, and/or submit the mandatory prescribed forms,

2) include terms and conditions contrary to the requirements of this solicitation,

3) do not contain authorized signatures, and

4) are not in conformance with the requirements and instructions contained herein.

4.3 Evaluation Considerations

An appointed evaluation committee will utilize the point system set forth in Attachment H, Evaluator Score Sheet, to individually score each Responsive Reply submitted. Once the evaluation committee has concluded scoring all Responsive Replies, a list of Replies will be tabulated in ranked order. Available points for each of the evaluation criteria are specified herein.

The evaluation committee members shall perform the evaluation in accordance with the evaluation criteria listed in Section 4.4, Evaluation Procedure, of this ITN. The evaluation committee’s scores will create a ranked list of Respondent Replies, based on total estimated awarded points per Respondent.

4.4 Evaluation Procedure

An Evaluation Team will utilize a point system to score Replies in accordance with Attachment H, Evaluator Score Sheet. The following points are available:

Reply Section Range of Points

Volume II – Tab A: Technical Reply 0-200

Volume II – Tab B: Relevant Experience 0 – 50

Volume II – Tab D: Initial Implementation and Transition Plan 0 – 50

MAXIMUM POINTS 300

SECTION 5.0 Negotiation Process

5.1 Respondent(s) Selected for Presentations and Negotiations

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

The Department shall evaluate and rank the Replies to determine which Respondent, 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 and/or demonstrations; however, the Department 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 Respondent’s written Reply content. No part of the oral presentations / demonstrations will serve to relieve the Respondent of any quality or performance as required under the resulting Contract.

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

Respondents 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 the Department.

Pursuant to Section 286.0113(2)(b)1., F.S., 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 Section 286.0113(2)(c) and Chapter 119, F.S.

5.2 Negotiation Process

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

5.3 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 Respondent(s) shall have a representative present during negotiation meetings who is authorized to make binding decisions on behalf of the Respondent. It is the Respondent’s sole responsibility to coordinate all parties to its Reply and to ensure that all are appropriately represented during scheduled Negotiation meetings.

During negotiations, Respondent(s) may propose alternate capabilities or services that reflect the Respondent’s optimal performance methodology while still complying with the other requirements of the ITN. The Department may request changes to proposed solutions. Additionally, the Department may consider revised pricing; Optional Technical Specifications offered in Respondents’ Replies; new / additional optional commodities and services; and / or modifications to proposed technical specifications. Before award, the Department reserves the right to seek clarifications, request Reply revisions, and request any information deemed necessary for the proper review of Replies. If the Department is unable to reach an agreement with a Respondent on contractual issues or other issues, the Department may eliminate the Respondent from further consideration.

The negotiation team may consider the evaluators’ scoring and / or any information obtained during Evaluation.

Respondents may be provided an opportunity to recommend value-added or optional services.

Respondents may provide information regarding these alternatives or services during negotiations. These will be reviewed by the negotiation team and negotiated at the sole discretion of the negotiation team. The Department shall be under no obligation to accept these alternatives or services.

The negotiation team may request that Respondents propose alternative solutions to certain aspects of their Replies during negotiations. If the negotiation team determines that a proposed alternative solution is not acceptable, and the Respondent fails to offer another alternative that is acceptable to the negotiation team, the Respondent may be eliminated from further consideration, or the negotiation team may stop negotiation with that Respondent.

Negotiations will continue until acceptable terms and conditions are agreed upon through final Best and Final Offers (BAFO) or it is determined that an acceptable agreement cannot be reached.

The Department may at any time during the negotiations eliminate a Respondent from further consideration or stop negotiations with a Respondent. Additionally, the Department reserves the right to conclude negotiations at any time and proceed to contract award.

5.4 Other Rights Reserved During Negotiations

The Department reserves the right at any time during the negotiation process to:

1) Schedule additional negotiation sessions with any or all responsive Respondents.

2) Require any or all Respondents to provide additional, revised, or final Replies addressing specified topics.

3) Require any or all Respondents to provide a written BAFO.

4) Require any or all Respondents to address services, prices, or conditions offered by any other Respondent.

5) Arrive at an agreement with any Respondent, finalize principal contract terms with such

Respondent, and terminate negotiations with any other Respondents, regardless of the status of or scheduled negotiations with such other Respondents.

6) Decline to conduct further negotiations with any Respondent.

7) Re-open negotiations with any Respondent.

8) Take any additional administrative steps the Department deems necessary in determining the final award, including additional fact-finding, evaluation, or negotiation where consistent with the terms of this ITN.

9) Review and rely on relevant information contained in the Replies.

10) Include subject matter experts or other interested persons in negotiations with Respondents, Respondent presentations, and meetings at which negotiation strategies are discussed.

11) Check references to assess the experience and extent of success in the Respondent’s current or past projects.

12) Obtain additional financial information from the Respondent, including but not limited to tax information and other federal or regulatory filings.

The Department has sole discretion in deciding whether and when to take any of the foregoing actions, the scope and manner of such actions, and the Respondent(s) affected by those actions.

5.5 Best and Final Offer (BAFO)

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

5.6 Contract Award

The Negotiation Committee will select which Respondent to submit for Contract recommendation using the following selection criteria:

1) The Respondent’s articulation and demonstration of its ability to address the requirements of the Department’s Contractual Service Agreement, including but not limited to all attachments, exhibits, appendices, etc., as negotiated by the Department and the Respondent;

2) The Respondent’s use of technology, innovation, and other resources to provide the services sought under this ITN;

3) The favorability for the Department of the…