ITN FGCC 24_25-07.docx

INVITATION TO NEGOTIATE

Compulsive or Addictive Gambling Prevention Program

ITN No. FGCC 24/25-07

DEADLINE FOR QUESTIONS: October 21, 2024, 5:00 PM ET

RESPONSES ARE DUE BY: December 19, 2024, 5:00 PM ET

MAIL OR DELIVER RESPONSES TO:

Florida Gaming Control Commission Division of Administration Procurement Officer: Lisa M. Mustain, Director of Administration 4070 Esplanade Way, Suite 250 Tallahassee, FL 32399-7033 Email: Lisa.Mustain@flgaming.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.

Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), Florida Statutes, and chapter 28-110 of the Florida Administrative Code and must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Florida Gaming Control Commission (Commission), Office of the General Counsel, Attention: Agency Clerk, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399. Protests may also be filed by email to Clerk@flgaming.gov. It is the filing party's responsibility to meet all filing deadlines. Any communication not in accordance with these sections, including questions to the Procurement Officer, will not constitute formal notice of a protest.

NOTICE PURSUANT TO SECTION 287.057(25), FLORIDA STATUTES

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

NOTICE PURSUANT TO SECTION 287.05701, FLORIDA STATUTES

The Commission may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor. The Commission may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

ITN No. FGCC 24/25-07 Compulsive or Addictive Gambling Prevention Program Page 2 of 2

Table of Contents

5.8 Equal RESPONSES…………………………………………………………………………………33

7. special Instructions………………………………………………………………………….35

7.1 Convicted Vendor, Discriminatory Vendor, and Antitrust

Violation Vendor List………………………………………………………………………...35

7.2 FIRM RESPONse…………………………………………………………………………………...36

7.3 Claifying information………………………………………………………………………..36

7.4 Control and ownership of intellectual property……………………………

7.5 Public records………………………………………………………………………………

7.6 cost OF RESPONSE preparation…………………………………………………………...38

7.7 Independent preparation ……………………………………………………………...….38

7.8 commission’s rights to reject proposals…………………………………….…….38

7.9 false or erroneous information……………………………………………………

Attachment

Name

TO BE COMPLETED AND RETURNED

Attached for Reference Only

A

Scope of Work

C

Cost Proposal

D

Mandatory Requirements for Evaluation

G

Evaluation Criteria and Evaluator Scoresheet

H

I

Financial and Compliance Audit Form & Exhibit 1

J

K

1. INTRODUCTION

1.1 General Instructions To Respondent

This section contains instructions explaining the solicitation process and the actions necessary to respond. General Instructions to Respondent (Form PUR 1001 – incorporated herein by reference) is a downloadable document that must be downloaded for review. This document need not be returned with the Respondent’s Response. Form PUR 1001 may be accessed at: State Purchasing (PUR) Forms / State Agency Resources / State Purchasing / Business Operations - Florida Department of Management Services (myflorida.com) In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes (F.S.), in which case the statutory requirements shall take precedence.

THE COMMISSION HAS CHOSEN TO USE THE ITN FORMAT FOR THIS PROCUREMENT BECAUSE IT WANTS VENDORS TO PROPOSE THE BEST METHOD FOR ACHIEVING THE GOAL OF THIS ITN AND SOLVING THE PROBLEM STATED HEREIN. THEREFORE, ALTHOUGH THE ITN MAY USE MANDATORY WORDS LIKE “SHALL,” “WILL,” OR “MUST,” AND MAY DEFINE CERTAIN ITEMS AS REQUIREMENTS, THE COMMISSION RESERVES THE RIGHT, IN ITS DISCRETION, TO WAIVE ANY DEVIATIONS FROM THESE PROVISIONS AND RESOLVE ANY ISSUES IN THE NEGOTIATION PHASE. THEREFORE, THE COMMISSION RESERVES THE RIGHT TO REVIEW THE ENTIRE RESPONSE TO DETERMINE IF IT ACHIEVES A LEVEL OF COMPETENCY WORTHY OF FURTHER NEGOTIATIONS; REGARDLESS OF WHETHER INDIVIDUAL REQUIREMENTS HAVE BEEN ADDRESSED OR NOT. HOWEVER, VENDORS THAT FAIL TO PROVIDE SIGNIFICANT PORTIONS OF THE SOLUTION OR ADDRESS SIGNIFICANT PORTIONS OF THE PROCUREMENT MAY STILL BE DEEMED NONRESPONSIVE. IN ADDITION, THERE IS NO GUARANTEE THAT SUCH DEVIATIONS WILL BE DEEMED IN THE STATE’S BEST INTEREST OR ANY RESPONSE CONTAINING THOSE DEVIATIONS PARTICIPATE IN THE NEGOTIATIONS. USE OF THE TERMS “SHALL,” “WILL,” AND “MUST” INDICATE THE COMMISSION’S INITIAL VIEW OF THE VALUE OF SUCH ITEMS. VENDORS HAVE THE OPPORTUNITY TO SUGGEST ALTERNATIVES IN THE ITN PROCESS, BUT THERE IS NO GUARANTEE THAT THE COMMISSION WILL AGREE THE DEVIATIONS ARE IN ITS BEST INTEREST OR CREATE THE BEST VALUE FOR THE STATE.

1.2 Purpose

As set forth in section 551.118, Florida Statutes, the State Legislature established a Compulsive or Addictive Gambling Prevention Program (“Program”) that requires the Florida Gaming Control Commission (“Commission”) to recognize problem gaming situations and to implement responsible gaming programs and practices. The Commission is issuing this Invitation to Negotiate (“ITN”) to provide services related to the prevention of compulsive and addictive gambling.

1.3 Questions Being Explored

The following questions are being explored:

1) How will the vendor provide a robust and comprehensive Compulsive or Addictive Gambling Prevention Program that complies with statutory requirements?

2) How will Help Services be provided which shall include the provision of a toll-free gambling telephone Help Line and a problem gambling website be provided?

3) How will Advertising Services be provided?

4) How will Slot Machine Gambling Facility Employee Training Services be provided?

5) How will Community Outreach Services be provided?

6) How will the vendor staff and administer the program to ensure monthly reporting requirements?

1.4 Timeline Of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check for any changes. All changes to the Timeline of Events will be made through addendums to the solicitation on the Vendor Information Portal (VIP). Respondents are responsible for submitting all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda). The Commission will not consider late submittals.

TIMELINE OF EVENTS

(Eastern) Date

Deadline to submit Response and all required documents to the Procurement Officer. All Responses must be mailed or hand -delivered to:

Florida Gaming Control Commission Division of Administration Attn: Lisa M. Mustain, Director of Administration 4070 Esplanade Way, Suite 250 Tallahassee, FL 32399-7033 (Fax & Email Not Acceptable)

Public bid opening of Technical Responses(non-mandatory) Conference Room TBD 4070 Esplanade Way, Suite 250, Tallahassee, FL 32399

Evaluation of Technical Responses (Price Responses will be evaluated by the Procurement Office during the evaluation stage).

12/21/2024

The Negotiation Committee will start negotiations

01/06/2025

1.5 Pre-Solicitation Conference: A Pre-Solicitation Conference will not be held.

1.6 Definitions

BAFO – Best and Final Offer

Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, Florida Statutes, from 8:00 a.m. to 5:00 p.m., Eastern Standard Time.

Calendar Day – Refers to all days, including weekends and holidays.

Commission – The Florida Gaming Control Commission

Confidential Information – Information in the possession or under control of the State or Vendor that is exempt from public disclosure pursuant to section 24, Article I of the Constitution of the State; the Public Records Law, Chapter 119, Florida Statutes; or to any other Florida law, federal law or regulation that serves to exempt information from public disclosure.

Contract – A binding agreement that results from this competitive procurement, if any, between the Commission (FGCC) and the Vendor. (This definition replaces the definition in the PUR 1000) PUR 1000 (General Contract Conditions).pdf (ccplatform.net).

Contract Execution Date – The date the Contract is signed by both parties.

Contractor – A vendor or joint venture, as described in chapter 607, Florida Statutes, that enters a Contract because of this solicitation. For this document, the term, Respondent” means a potential Contractor acting on its own behalf and on behalf of those individuals, partnerships, firms, or corporations comprising the Respondent’s team.

Contractor Representative – The Contractor’s employee who is primarily responsible for executive oversight of the Contractor’s performance of its duties and obligations pursuant to the terms of the Contract. The Contractor Representative will also be the point of contact for escalation of any matter that the Commission is unable to resolve to its satisfaction.

Contract Manager – The representative designated by each Party to manage and maintain all aspects of the Contract, monitor performance expectations, and provide all specified reporting documents, and serves as the primary point of contract for the purposes of this Contract.

Cost Response or Proposal – A Respondent’s completed Attachment C – Cost Proposal, which the Procurement Officer will score.

Deliverable(s) – Unless stated otherwise, any services or tasks required under this Contract, including attachments and addenda to this Contract.

End of Contract Transition Plan – A plan that details the activities that will occur in the event of Contract termination or expiration as described in Attachment A, Scope of Work

Florida Gaming Control Commission - Could be referred to “FGCC” or the “Commission”.

MyFloridaMarketPlace (MFMP) – The State’s eProcurement system. MyFloridaMarketPlace is accessible at: MyFloridaMarketPlace / State Purchasing / Business Operations - Florida Department of Management Services

Reply, Response and Proposal – Reply, Response and Proposal are synonymous within this ITN document.

Response - The proposal extended to the Commission in response to an Invitation to Negotiate. The term “Response” means the complete response of the Respondent to the ITN, including property completed forms and all supporting documentation.

Respondent – A vendor, contractor, or joint venture, as described in chapter 607, Florida Statutes, that has submitted a bid, proposal, or response in response to the solicitation.

Responsive Response – A Response, submitted by a responsive and responsible vendor/contractor that conforms in all material respects to the solicitation.

Responsible Vendor/Contractor – A vendor or contractor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive Vendor/Contractor – A vendor or contractor that has submitted a bid, proposal, or Response that conforms in all material respects to the solicitation.

Subcontractor – A person or entity contracting to perform any portion of the services described in the Commission’s contract with the Contractor, upon Commission approval.

State – The State of Florida.

Vendor(s) – An entity that is capable and in the business of providing a commodity or service like those within this solicitation and is registered to do business with the State.

Vendor Information Portal (VIP) – The State’s bidding system developed in accordance with section 287.042(3)(b)2, Florida Statutes. The Vendor Information Portal is accessible at: https://vendor.myfloridamarketplace.com/.

1.7 Minority Business Enterprise (MBE) Utilization

The Commission encourages small, minority, women, and service-disabled veteran businesses to compete for Commission contracts, both as vendors and subcontractors. The Commission, its vendors, suppliers, and consultants should take all necessary steps to ensure that small, minority, women, and service-disabled veteran businesses can compete for and perform contract work for the Commission.

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the Internet at: Office of Supplier Diversity (OSD) / Agency Administration / Florida Department of Management Services - DMS (myflorida.com)

1.8 Limitation on Contract with Government Personnel (Subsection 287.057(25), Florida Statutes

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of this solicitation and the end of the 72-hour period following the Commission posting the Notice of Intended Award, excluding Saturdays, Sundays, and state holidays any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents.

Violation of this provision may be grounds for rejecting a Response.

1.9 Limitation on Contract with Government Personnel (Subsection 287.057(25), Florida Statutes) Special Accommodations

Any person requiring a special accommodation due to a disability should contact the FGCC’s Americans with Disabilities Act (ADA) Coordinator at (850) 794-8028 or ADA.Coordinator@flgaming.gov at least five (5) Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD).

1.10 Governance

The solicitation is governed by Florida law, including chapters 287 and 120, Florida Statutes, and chapters 60A-1 and 28-110 of the Florida Administrative Code.

1.11 Respondent’s Representation and Authorization

In submitting a Response, the Respondent certifies that it 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 Response.

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 Commission in writing of all convictions of the Respondent, its affiliates (as defined in section 287.133(1)(a), Florida Statutes), 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), Florida Statutes). 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:

· 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 as 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 Standard 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 Standard Contract.

j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Response, 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 Response.

k. The Respondent shall indemnify, defend, and hold harmless the Commission, 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 Response.

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

m. If, at any point during the procurement, circumstances change so that any of the above acknowledgments are no longer true, Respondent will notify the Procurement Officer as soon as practicable.

n. By submitting a Proposal, the Respondent agrees to and waives any objections to requirements contained in the solicitation, including any addenda thereto.

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

2. THE INVITATION TO NEGOTIATE (ITN) PROCESS

2.1 General Overview

This section is only intended to be an overview. Read the solicitation in its entirety for further details. In the event of a conflict between this overview and another section of this ITN document, the other section of the ITN document will control. The ITN is a method of competitively soliciting a commodity or contractual service under chapter 287, Florida Statutes. Under this ITN, there will not be a pre-Response conference. Vendors may submit questions regarding this ITN to the Procurement Officer during the Question-and-Answer Period provided in Section 1.4, Timeline. Respondents must submit Responses by the deadline listed in Section 1.4, Timeline. The Commission will open Responses at a public opening. After the public opening, the Procurement Officer will review Responses in accordance with Section 3.2, Review of Mandatory Responsiveness Requirements. Responses that the Procurement Officer determines are responsive to the ITN will be evaluated by the evaluation team. After evaluation, the Procurement Officer will compile the final evaluation scores to determine the competitive range of Responses reasonably susceptible of award (Competitive Range). The Competitive Range will consist of the five highest-scoring responses unless there are fewer than five responsive Respondents. The Commission may select Respondents within the Competitive Range with which to commence negotiations. After negotiations are conducted, the Commission will award the Contract to the responsible and responsive Respondent that the Commission determines will provide the best value to the State, based on the selection criteria. The Commission may accept or reject all proposals, and waive any minor irregularity, technicality, or omission if the Commission determines that doing so will serve the State’s best interests.

This solicitation will be administered through the VIP. Vendors interested in submitting a Response should meet or exceed the requirements within this document.

2.2 Procurement Officer

In accordance with section 21 of the PUR 1001 State of Florida (ccplatform.net) the Procurement Officer is the sole point of contact for this ITN. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Response. The contact information for the Procurement Officer is:

Name: Lisa M. Mustain, PMP, CPPB Division of Administration State of Florida, Florida Gaming Control Commission 4070 Esplanade Way, Suite 250 Tallahassee, FL 32399-7033 Email : Lisa.Mustain@flgaming.gov

2.3 ***All Emails to the Procurement Officer must contain the solicitation number in the subject Line of the email ***

2.4 Objective

The Commission is issuing this ITN to establish a Contract for a Compulsive or Addictive Gambling Prevention Program that provides a Helpline, advertising, community outreach services, and slot machine gaming facility employee training services, at a minimum. The Commission reserves the right to award to one Respondent, statewide or by region, or to make no award, as determined to be in the best interest of the State.

The Commission encourages collaborative work between vendors offering these services to ensure the best value for the State.

2.3

2.5 Pre-Response Conference

The Commission will not hold a pre-response conference.

2.6 Question and Answer Period

The Commission invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted to the Procurement Officer by the time and date reflected in the Timeline of Events, Section 1.4 Respondents are strongly encouraged to ask any questions regarding this solicitation, including the proposed Contract terms and conditions, prior to the deadline to submit questions. Questions will not constitute a formal protest of the specifications of the solicitation.

Potential Respondents may submit written questions to the Procurement Officer by the deadline listed in Section 1.4, Timeline. Questions may include requests for clarification regarding the terms, conditions, and requirements of the ITN and its attachments and any process described in those documents. If terms included in the Standard Contract are impractical or impossible for legal or operational reasons, potential Respondents are encouraged to submit questions regarding the Commission’s acceptance of specified alternative terms.

*** Place the solicitation number in the subject line of all emails containing questions. *** Questions do not constitute a formal protest of the specifications or of the solicitation.

2.3 2.4 2.5

2.7 Public Opening of Responses

The Commission will open the Responses in a public opening at the date, time, and location noted in Section 1.4, Timeline.

2.8 Addenda to the ITN

The Commission reserves the right to make changes to this ITN by posting addenda on the VIP. It is the Respondents responsibility to check for any posted addenda on the VIP.

3. RESPONSE INSTRUCTIONS

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2.

3.

3.1. Respondent’s Representation and Authorization

The State of Florida PUR 1001 -General Instructions to Respondents, contains general and special instructions to Respondents. The PUR 1001 can also be accessed at: http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms.

The Special Instructions are in Section 7 of this ITN document. In accordance with Rule 60A-1.002, Florida Administrative Code, in the event any conflict exists between the Special Instructions and General Instructions, the Special Instructions will prevail.

Section 5, and 9 of the PUR 1001 are replaced with the following:

Responses shall be submitted in accordance with Section 3.4, How to Submit a Response, of the ITN document.

Section 5. Questions. Questions shall be submitted in accordance with Section 2.6, Question and Answer Period, of the ITN document.

Section 9. Respondent’s Representation and Authorization.

a) In submitting its Response, the Respondent understands, represents, and acknowledges the following:

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

· The Response 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 Response.

· 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 (and will not be disclosed prior to the solicitation opening) to any Respondent or potential Respondent.

· The Respondent will conform to the terms and conditions of Attachment B, Draft Contract without exception, or, where any revision or exception is proposed, Respondent will provide a draft of an alternative.

· If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the Commission.

· The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Response, 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 Response.

· The Respondent shall indemnify, defend, and hold harmless the Commission and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its Response.

· All information provided by, and representations made by, the Respondent may be considered material and may be relied upon by the Office in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Commission of the true facts relating to submission of the Response. A misrepresentation shall be punishable under law, including, but not limited to, chapter 817, F.S.

b) In submitting a Response, the Respondent understands, represents, and acknowledges the following (NOTE: If the Respondent cannot certify to any of following, the Respondent shall submit with its Response a written explanation of why it cannot do so. The Respondent’s explanations may result in the Respondent being found to not be a responsible or responsive vendor as defined in sections 287.012(25) and (27), Florida Statutes):

· To the best of the knowledge of the person signing the Response, the Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

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

· The Respondent has fully informed the Commission in writing of all convictions of the company, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the company and its affiliates for violation of state or federal antitrust laws with respect to a public contract and for violation of any state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employment of another company.

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

a) Has within the preceding three years been convicted of or had civil

b) Has, within a three-year period preceding this certification, had one or

1.

2.

3.

3.1.

3.2. Mandatory Responsiveness Requirements

A Respondent whose Response does not meet the mandatory responsiveness requirements will be deemed non-responsive and will not be considered for Contract award. Mandatory responsiveness requirements are set forth in Attachment D, Mandatory Requirements for Evaluation.

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2.

3.

3.1.

3.2.

3.3. Two Separated Submission

There must be two separate submissions: the Technical Requirements Response is required to be in a separate sealed envelope, and the Cost Response must be a separate sealed envelope.

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3.1.

3.2.

3.2.1.

3.2.1.1.

3.4 How to Submit a Response

The Respondent should submit its Response in accordance with the below:

3.4.1 Response Contents

It is a mandatory requirement of this ITN that the Response contain the specified documents and address all items listed below. Responses to the ITN should be prepared using simple terms and minimal technical or industrial specific language. The Commission will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Response. In submitting its Response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

Respondents must not disclose cost information in the body of the Technical Proposal. Including cost information will cause the Proposal to be disqualified.

The Respondent must organize its proposal submittal contents as follows:

A. Tab 1 – Mandatory Attachments/Certifications

Respondents must complete and submit the following mandatory information or documentation as part of their response by the time specified in Section 1.4. Any response which does not contain the information below will be deemed non-responsive to this ITN.

B. Tab 2 – Mandatory Technical Requirements (SEALED SEPARATELY) Technical Proposal - The Technical proposal must propose all aspects of providing a Compulsive or Addictive Gambling Prevention Program. Proposals must provide a clear and complete approach to providing a Helpline, Advertising, Training and Community Service, at a minimum as required within the Scope of Work (Attachment A).

One (1) original, signed, and sealed Technical Proposal, two (2) paper copies of the signed original, and one (1) electronic copy of the signed original Technical Proposal (on electronic media) must be submitted no later than the date and time set forth in Section 1.4, Timeline.

Refer to Section 3.6 and 3.7 for information on redacting confidential information, if applicable.

C. Mandatory Cost Proposal (SEALED SEPARATELY) Cost Proposal

One (1) original signed and sealed Attachment C, Cost Proposal, two (2) paper copies of the signed original and one (1) electronic copy of the signed original Cost Proposal (on electronic media. Attachment C, Cost Proposal, must be submitted in a sealed package separate from all other attachments and submitted no later than the date and time set forth in timeline. No additional documentation should be included in the Cost Proposal envelope.

3.4.2 Proposal Labeling

Technical Proposal

The Technical Proposal should be sealed and identified as follows:

FGCC ITN 24/25-07

Invitation to Negotiate for Compulsive or Addictive Gambling Prevention Program Due:

Respondent’s Name:

TECHNICAL PROPOSAL

Cost Proposal The Cost Proposal should be sealed and identified as follows:

FGCC ITN 24/25-07

Invitation to Negotiate for Compulsive or Addictive Gambling Prevention Program Due:

Respondent’s Name:

COST PROPOSAL

3.4.3 Terms and Conditions

All Responses are subject to the terms of this solicitation.

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

3.4.4 Questions

Questions shall be submitted in accordance with the ‘Question Submission’ section of this solicitation.

Responses must be delivered in sealed packages per specific instructions set forth in Section 1.4, Timeline. The Respondent must clearly label the outside of the sealed packages with the ITN number, Due Date and Respondent’s name.

SECTION 1.4, TIMELINE, SPECIFIES THE DEADLINE AND ADDRESS FOR RESPONSE SUBMISSION. RESPONSES SUBMITTED BEYOND THE DEADLINE OR TO A DIFFERENT LOCATION WILL NOT BE CONSIDERED.

3.5 Disclosure of Response Contents

All documentation submitted as a Response to the ITN will become the exclusive property of the Commission and will not be returned to the Respondent. Responses received by the Commission may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), Florida Statutes. The Commission has the right to use any or all ideas or adaptations of the ideas presented in any Response. Selection or rejection of a Response will not affect this right.

3.6. Confidential Response Materials and Redacted Submissions

In addition to the public records requirements in the General Instructions to Respondents (PUR 1001) PUR 1000 (General Contract Conditions).pdf (ccplatform.net), if the Respondent considers any portion of its Response to be Confidential Information or exempt from disclosure under chapter 119, Florida Statutes, or other legal authority (Public Records Law), then the Respondent must simultaneously provide the Commission with an unredacted version of the materials and a separate redacted electronic copy of the materials. If providing both a redacted and unredacted copy, the Respondent should mark the unredacted version of the document as “Unredacted Version – Contains Confidential Information” and place such information in an encrypted electronic sealed separate envelope. If the Respondent fails to submit a redacted copy of its Response, the Commission is authorized to produce the entire unredacted Response submitted to the Commission in response to a public records request.

3.7 Redacted Submissions

If submitting a redacted version of its Response, the Respondent should mark the redacted electronic copy with the Respondent’s name, Commission’s, ITN name and number, and the words “Redacted Copy.” The redacted copy should only redact those portions of material for which a Respondent can legally support a claim that the information is Confidential Information or exempt from disclosure pursuant to Public Records Law. In the redacted copy, the Respondent shall redact and maintain in confidence any materials the Office provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), Florida Statutes. In addition, the Respondent must submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption. The redacted copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website.

3.8 Respondent’s Obligations to Defend its Claims

The Commission is not obligated to agree with a Respondent’s claim of exemption or Confidential Information. By submitting a Response, the Respondent agrees to defend its claim that each and every portion of its redactions is exempt from inspection and copying under Florida’s Public Records Law. By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Commission for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. The Commission may use the counsel of its choosing to defend any such claims, and the Respondent shall promptly pay the Commission’s invoices for legal services monthly for all costs and expenses, including legal fees, incurred in defending such claims.

3.9 Firm Offer

Any Response, interim revised Response, or BAFO shall remain firm and shall not be withdrawn or modified for at least three hundred sixty-five (365) Calendar Days after submission except as specified in Section 4.10, below, unless otherwise agreed upon by the Commission, Division of Administration. If a Contract is not executed within three hundred sixty-five (365) Calendar Days of such submission, the Response, interim revised Response, or BAFO shall remain firm until either a Contract is executed or the Commission receives from a Respondent written notice that its Response, interim revised Response, or BAFO is withdrawn. Nothing in this subsection will prevent a Respondent from submitting a lower price offer so long as the lower price offered does not reduce the scope of services included in any prior offer.

3.10 Withdrawal and Modification of Responses

The Respondent may modify its Response at any time prior to the submittal deadline, as specified in Section 1.4, Timeline, by submitting a request to the Procurement Officer. Requests for modification or withdrawal of a submitted Proposal must be in writing and signed by an authorized signatory of the Respondent. A submitted Response may be withdrawn from consideration by the Commission if the Respondent submits a signed, written request for withdrawal to the Procurement Officer within seventy-two (72) hours after the deadline for Response submittal. Upon receipt and acceptance of such a request, the entire Proposal will be returned to the Respondent and will not be considered unless resubmitted by the Proposal due date and time.

3.11 Reservations

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

In addition to any other rights reserved or afforded to the Commission under this ITN and under applicable law, the Commission reserves the right to:

1. Cancel this ITN at any time prior to the Commission’s execution of the Contract, without incurring any cost obligations or liabilities.

2. Accept or reject any Response at any time.

3. Modify any dates set or projected in this ITN.

4. Waive minor informalities or irregularities in Responses.

3.12 Additional Information

The Commission reserves the right to seek information from outside sources regarding the Respondent and the Respondent’s offerings, capabilities, references, or performance if the Commission determines that such information is pertinent to the ITN. The Commission may consider such information throughout the solicitation process including, but not limited to, when determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Commission engaging consultants, subject matter experts, and others to ensure that the Commission has a complete understanding of the information provided pursuant to the solicitation.

4. SELECTION METHODOLOGY

4.1 Review of Mandatory Responsiveness Requirements

The Procurement Officer will review each Response to determine whether the Response satisfies the minimum responsiveness requirements set forth in Attachment D, Mandatory Requirements for Evaluation. Only those Responses that meet the mandatory responsiveness requirements will be evaluated. A Respondent who submits a Response that does not satisfy the minimum responsiveness requirements will be deemed non-responsive and will not be considered for Contract award.

4.2 Evaluation Team

The Commission’s evaluation team will consist of at least three (3) persons who collectively have experience and knowledge of the program areas and service requirements. Each Evaluator, working independently, will award a numerical score using whole numbers to assess the contents of each Respondent’s Technical Reply. The evaluation team shall evaluate replies against all evaluation criteria set forth in the ITN to establish a competitive range of replies reasonably susceptible of award. The competitive range is the top three (3) scored responses on the Technical Response only.

The Commission will conceal pricing information from evaluators and provide instructions to the evaluators to disregard pricing information in their evaluation of Responses if pricing is noted in the technical responses.

4.3 Evaluation Criteria & Scoring Methodology

Each Response will be evaluated as set forth in Attachment G, Evaluation Criteria and for further information see the Evaluator Score Sheet included in this attachment.

Technical proposals will be scored by the evaluation team based on the evaluation criteria specified in Attachment G, Evaluation Criteria. The total raw scores provided by each team member will be averaged together. These average scores will be used to determine each Respondent’s Technical Proposal score. Cost Proposals, Attachment C will be scored by the Procurement Officer based upon the scoring methodology provided in Attachment G, Evaluation Criteria. Each respondent’s overall score will consist of the average technical proposal score plus the cost proposal score.

The scoring methodology is outlined below:

Technical Response - 85 Available Points

The Respondent may be awarded up to 85 points for its Technical Response in accordance with the evaluation criteria outlined in Attachment G, Evaluation Criteria.

Cost Response – 15 Available Points

The Respondent may be awarded up to 15 points for its Cost Response. The Commission will consider the total cost for each year of the Contract, including renewal years, as submitted by the Respondent. The Respondent will receive points based on the scoring methodology provided in Attachment G, Evaluation Criteria.

4.4 Negotiation Team

The Commission’s negotiation team will consist of at least three (3) persons who collectively have experience and knowledge in negotiating contracts, contract procurement, and the program areas and services requirements for which contractual services are sought. One of the negotiating team members will be a certified contract negotiator, as required by section 287.057(17)(b)1.

4.5 Negotiations

The Commission reserves the right to determine which Respondents will participate in negotiations. The competitive range is the highest three (3) proposals scored in the Technical Response.