Florida Department of Environmental Protection Office of Operations

Bureau of Design and Construction 3900 Commonwealth Blvd MS 520, Tallahassee, Florida 32399

REVISED FINAL TABULATION OF RESULTS

Solicitation Number: RFSOQBDC01-13/14 Opening Date: June 23, 2014 AT 4:00 pm ET

Solicitation Title: Request for Statements of Qualifications (RFSOQ) for Statewide Architectural & Engineering Services

NOTE: THIS IS A CORRECTED POSTING OF THE RESULTS FOR RFSOQBDC01-13/14 AND WILL SUPERCEDE

THE NOTICE OF INTENDED AWARD THAT WAS POSTED ON SEPTEMBER 16, 2014. THIS POSTING

IDENTIFIES THE AVERAGE RANK OF RESPONDENTS AFTER A CORRECTION WAS MADE DUE TO A

CLERICAL ERROR.

Respondent Average Rank Michael Baker Jr, Inc (*) 4.5

CPH (*) 4.75

Calvin, Giordano & Associates (*) 6.75 Gresham Smith & Partners (*) 6.75 Atkins(*) 7 TY LIN International (*) 7.5 Registe Sliger (*) 8.5 CRA Architects (*) 10.25 Jones Edmunds & Associates (*) 11.5 Genesis Group (*) 12.25

AMEC (*) 13

VBA Designs (*) 13.25 Dodstone (*) 13.5 George & Associates (*) 14.5 Barnett Fronczac Barlowe Architects (*) 15.75 Bender & Associates (*) 15.75 Stantec (*) 17 TKW Consulting Engineers (*) 17.25 JGP Structural Group (*) 17.5 Ayres & Associates (*) 18.5 Weiler Engineering Corp (*) 19 Wantman Group (WGI) (*) 20

DRMP (*) 23.5

The Ash Group (*) 23.5 Preble-Rish (*) 23.75 Pond & Company (*) 23.75

WET (*) 23.75

Lyman Davidson Dooley (*) 26 George F. Young (*) 26

CHW (*) 26.25

Hammond (*) 29.25

Final Tabulation Results – RFSOQBDC01-13/14 – Page 1 of 2

Ammann & Whitney 30.75 Rogers Engineering 32.75 Hoffman 33.25 C. Calvert Montgomery & Associates 34.25 Bentley 34.5

Notes:

(*) Firm selected for participation in negotiations.

Posting Date & Time: Wednesday, October 01, 2014 at 10:00 am ET until Monday, October 6, 2014 at 10:00 am ET.

NOTICE OF RIGHTS; Notice of Intent to Protest the tabulation of results must be filed with (received

by) the Agency Clerk, Lea Crandall, Department of Environmental Protection, Office of General Counsel, MS 35, 3900 Commonwealth Blvd., Tallahassee FL 32399-3000, (850) 245-2242, FAX (850) 245-2303, Lea.Crandall@dep.state.fl.us during the 72-hour period after the tabulation of results are posted on the Vendor Bid System. Failure to file a Notice of Intent to Protest or a Formal Written Protest in accordance with Rule 28-110, F.A.C., within ten days after the 72-hour period ends, as prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of your right to an administrative hearing on the Bid Specifications under Chapter 120, Florida Statutes. Rules for bid protests can be found in sections 120.569 and 120.57, F.S., and Chapter 28-110, Florida Administrative Code. A bid protester shall comply with these statutes and rules.

Final Tabulation Results – RFSOQBDC01-13/14 – Page 2 of 2 mailto:Lea.Crandall@dep.state.fl.us

DEP RFSOQ No. RFSOQBDC01-13/14, Addendum #2, Page 1 of 2

FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

MARJORY STONEMAN DOUGLAS BUILDING

3900 COMMONWEALTH BOULEVARD

TALLAHASSEE, FLORIDA 32399-3000

RICK SCOTT

GOVERNOR

CARLOS LOPEZ-CANTERA

LT. GOVERNOR

HERSCHEL T. VINYARD JR.

SECRETARY

June 17, 2014

NOTICE TO APPLICANTS

ADDENDUM NO. TWO (2)

STATEWIDE RFSOQ FOR ARCHITECTURAL OR ENGINEERING SERVICES

DEP RFSOQ NO. RFSOQBDC01-13/14

TO BIDDERS AND PLAN HOLDERS ON THE ABOVE REFERENCED PROJECT: PLEASE

NOTE CONTENTS HEREIN AND AFFIX (PASTE OR STAPLE) TO BID DOCUMENTS

YOU HAVE ON HAND.

The following statements supersede and supplant the corresponding item in the specifications/drawings:

Clarification of two responses included in RFSOQBDC01-13/14, Addendum 1:

Question 21 – The response instructs the proposer to provide similar project experience under the SF 330 forms (tab 5). Example projects are presented in Part I, Section F. The

SF 330 forms allow up to 10 similar projects. Is it FDEP’s intent to allow up to 10 additional projects into the Proposal?

Answer: We require a minimum of three (3) separate and verifiable projects and will allow up to a maximum of ten (10) separate and verifiable projects to be submitted in SF 330 forms of the proposal.

Question 22 – The response allows Part I, Section H for the SF 330 forms into the proposal. There is no page restriction on Section H. I believe it was FDEP’s intent to have the Proposer discuss availability within the Qualification or Project Management sections.

Answer: Part I, Section H is to address the work overloads, please make the response as concise as possible.

Additional comments have been noted.

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DEP RFSOQ No. RFSOQBDC01-13/14, Addendum #2, Page 2 of 2

TALLAHASSEE, FLORIDA 32399-3000

In all other respects, the contract documents of which this is an Addendum, and attachments relative thereto, shall remain in full force and effect.

NOTICE

It will be required that this addendum be signed in acknowledgment of receipt and that it be attached to Bid when same is submitted to Katie Parrish, Construction Projects Administrator II, Bureau of Design and Construction, 3900 Commonwealth Blvd. MS520, Tallahassee, Florida

32399-3000. Failure to do so may be grounds for rejection of the Bid

Signature of Contractor and Date

TALLAHASSEE, FLORIDA 32399-3000

June 5, 2014

NOTICE TO APPLICANTS

ADDENDUM NO. ONE (1)

STATEWIDE RFSOQ FOR ARCHITECTURAL OR ENGINEERING SERVICES

DEP RFSOQ NO. RFSOQBDC01-13/14

TO BIDDERS AND PLAN HOLDERS ON THE ABOVE REFERENCED PROJECT:

PLEASE NOTE CONTENTS HEREIN AND AFFIX (PASTE OR STAPLE) TO BID

DOCUMENTS YOU HAVE ON HAND.

The following statements supersede and supplant the corresponding item in the specifications/drawings:

1. Question: May a firm submit as a Prime for one or more for the advertised continuing contracts?

Answer: Yes

2. Question: In addition, may they build a team (to include sub-consultants) to cover any or all of the disciplines listed?

3. Question: May a firm submit as a Prime for one discipline and also be on another firm as a sub for the same discipline?

Answer: Attachment B, item B.20 states in part, “Prospective contractors cannot respond to this solicitation as both a prime contractor and a subcontractor to other respondents. In the event that responses are received from firms with common ownership, officers or directors, to provide services as prime contractors, all such responses will be rejected. In the event that a firm who has responded as a prime contractor provides a letter of commitment to subcontract with another respondent, the response submitted as a prime contractor shall be rejected.”

4. Question: This is an RFSOQ from professional architectural and engineering firms for continuing architectural, structural, civil, mechanical, electrical, geotechnical and plumbing engineering services for park development/improvements in the State of Florida as part of a continuing services contract.

Answer: Correct

DEP RFSOQ No. RFSOQBDC01-13/14, Addendum #1, Page 1 of 7

TALLAHASSEE, FLORIDA 32399-3000

5. Question: Would you please define the potential projects you see for “civil” (ie:

stormwater, water, wastewater, etc.)

Answer: Site Development, Site Grading, Utilities, Stormwater, etc.

6. Question: Could you please clarify the scope of the RFSOQ project

Answer: The RFSOQ is for professional architectural & engineering firms for continuing architectural, structural, civil, mechanical, electrical, geotechnical and plumbing engineering services for park development/improvements in the state of Florida as part of a continuing services contract. Selected firms may enter into a continuing services contract with the Florida Department of Environmental Protection and may be tasked to provide professional services for various projects throughout the term of the contract on a task assignment basis.

7. Question: Is this for architects and engineers or contractors?

Answer: This RFSOQ is for architects and engineers.

8. Question: Will this work include trail development and are landscape architects included?

Answer: Yes, the scope of work may include trail development such as multi-use trails.

Landscape Architects may apply as a sub-consultant to an Architect or Engineer. They may not apply as the prime consultant.

9. Question: Are there any DBE thresholds?

Answer: Only projects that involve Federal funding are subject to DBE regulations. The majority of work will not involve Federal funds; however, there may be some projects which are connected to Federal funding or Local Area Program (LAP) agreements, in which all Federal requirements are applicable.

10. Question: Do you have an estimated value or budget for projects Answer: There is a wide range of work and projects throughout the Florida Park Service.

The scope of work may range from basic restroom renovations to the development of new campgrounds, roadways and specialty concession buildings. Each budget is determined based on the specifics of the project, but not to exceed to $2 million per project, contingent upon annual legislative appropriations.

11. Question: One question, can we as a Civil Engineering Firm send in our response for just the Civil Engineering Services or it do we need to put a whole team in place for all the services?

Answer: Firms may submit a response based on a single discipline or multiple disciplines.

DEP RFSOQ No. RFSOQBDC01-13/14, Addendum #1, Page 2 of 7

TALLAHASSEE, FLORIDA 32399-3000

12. Question: We are a certified MWBE in Tallahassee. I was wondering if you might have a bidders list for the following bid so that we might contact potential bidders to team up with. Are sub consultant licenses required to be submitted or only the prime licenses?

Answer: Please contact David Matson (david.matson@dep.state.fl.us) in the Contracts Section of the Bureau of Design and Construction for the current potential respondents list.

Yes, sub-consultants must provide proof of licensure.

13. Question: Please explain the requirements to E-verifying employment eligibility through the US Dept of Homeland Security’s E-Verify system. Does this mean all employees of the prime firm and all employees of subcontractor firms assigned to perform under the contract will be subject to background checks? Also, does this need to be done to submit the proposal or only after the selection process prior to signing the contract? Is this done through a Department of Homeland Security website?

Answer: Yes, as per State of Florida Executive Orders #11-02 and 11-116 all employees of the prime and sub-consultants must be verified via the U.S. Department of Homeland Security’s E-Verify system. This must be done at the time of the RFSOQ and all new employees hired during the contract period must be verified. Additional information may be found at: http://www.uscis.gov/e-verify.

14. Question: Would you please define “civil” and the types of projects that may fall under this discipline (ie: water, roadways, sewer, wastewater, etc)?

Answer: Civil projects are defined as work that involves ground or site improvement excluding buildings and structural elements. The scope of work may include park roadway development and maintenance; sanitary systems; water supply systems including treatment facilities; multi-use trails parking lots and stormwater management.

15. Question: Pursuant to RFSOQBDC01-13/14, Attachment B - B.6 Questions, we are submitting the following questions for clarification. Attachment B - B.5, B.27 & B.29 appear to stipulate different directions for the submittal requirements. Please clarify:

a. The total number of paper copies to be submitted?

Answer: The Technical Response Package shall be prepared by each respondent in the format listed below utilizing 8.5" x 11" paper. Each respondent shall limit the technical response package to no more than twenty (20) pages (not including the Standard Form 330, Past Performance References and Licenses).

b. Of the total number of paper copies, how many shall have original signatures?

Answer: Please provide three (3) copies with one of those marked original and one (1) CD.

DEP RFSOQ No. RFSOQBDC01-13/14, Addendum #1, Page 3 of 7 mailto:david.matson@dep.state.fl.us http://www.uscis.gov/e-verify

TALLAHASSEE, FLORIDA 32399-3000

c. If the CD pdf shall be created after the pages are signed.

d. The sections which require signatures are Attachment A, Attachment E, and Form 330.

Answer: Correct

16. Question: (Total number of copies of RFSOQ): In Attachment B, on page 1 of 13, it requests 3 copies and 1 CD to be submitted. On page 7 of 13, it requests 1 original, 3 copies and does not mention a CD. Can you please clarify the total number requested?

Answer: Please provide three (3) copies with one of those marked original and one (1) CD.

17. Question: On page 1 of the Notice of Invitation to Bid, there is a paragraph regarding

“prequalification.” Who do we call to verify that we are prequalified? If we need to become prequalified to submit for RFSOQBDC01-13/14, what prequalification information do we need to submit 10 days prior (by June 13) to the statement of qualifications submittal? How do you want the prequalification information submitted?

Answer: Prequalification is not a requirement for this RFSOQ.

18. Question: There are multiple instances of conflicting information regarding the total number of proposals, number of originals and number of copies that need to be provided in the RFSOQ. Please confirm if the total number of print proposals we need to provide is 4, which would include 1 original and 3 copies. Additionally we understand we need to provide 1 CD with a PDF copy of the proposal.

Answer: Please provide three (3) copies with one of those marked original and 1 CD.

19. Question: With regard to page limitation, it is our understanding that this only applies to the Technical Response. Please confirm that items omitted from the Page limitation include:

Answer: See each individual responses below:

• Acknowledgement form (No Page Limit)

• SF330 (No Page Limit)

• Licenses (No Page Limit)

• Past Performance (Attachment D) (No Page Limit)

• Respondent/Subcontractor Summary Form (Attach H) (No Page Limit)

• Subcontractor Commitment Letters (No Page Limit)

• State Project Plan (No Page Limit)

DEP RFSOQ No. RFSOQBDC01-13/14, Addendum #1, Page 4 of 7

TALLAHASSEE, FLORIDA 32399-3000

20. Question: Please confirm that the following outline for the response package satisfies the RFSOQ’s requirements. **Note that items with asterisks are materials asked for in the RFSOQ for which we would like to confirm the location.

o Front Cover (Not included in page limit) o Tab 1: Introduction (1 page Letter of Interest) o Tab 2: Company Background (2 pages) o Tab 3: Qualifications (12 page limit)

Qualifications and Experience in Coordination with Government Entities Multi Discipline Availability Recreational Park Development (Building, Campground, etc.)

Roadway and Shared-Use Trail Development o Tab 4: Project Management (5 page limit) o Tab 5: Personnel Assigned – Standard Form 330 (not included in page limit)

Part 1 (sections A through E only) Part 2 **Additional project experience (Or should this be in another location?

Please see question 5 below.)

**Additional information requested on page 9 of Attachment B (see question 6 below) o Tab 6: Licenses (not included in page limit)

Architectural licenses and any sub-consultant licenses for firms and proposed team members o Tab 7: Past Performance Attachment D: Reference Forms o **Tab 8: Required Documents (not included in page limit) **Attachment A: Acknowledgement Form Attachment H: Respondent/Subcontractor Summary Form **One-page letter of commitment from each sub-consultant on stationery o **Tab 9: State Project Plan (not included in page limit) Addresses #s 1-5 and uses Attachment E to address #3 o Back Cover (not included in page limit) Answer: Please refer to the RFSOQBDC01-13/14 document for response requirements and specific page limits.

21. Question: On page 8, Item 5 of Attachment B the RFSOQ, it states that “The respondent shall complete Part 1 (Sections A though E only) and Part 2” of the SF330. This contradicts a later sentence in the same paragraph which states: “The Standard Form 330 should list additional projects of similar type that were not mentioned in earlier sections.” Please confirm if you in fact want “additional projects” and if so please confirm if any format is acceptable? “Should the additional experience” be placed in Tab 3 (Qualifications) or in Tab 5? If Tab 3 please adjust page limitation upward accordingly.

DEP RFSOQ No. RFSOQBDC01-13/14, Addendum #1, Page 5 of 7

TALLAHASSEE, FLORIDA 32399-3000

Answer: Please provide projects of the similar type in tab 5.

22. Question: On page 9 of Attachment B the RFSOQ states we “…should indicate how work overloads will be managed to prevent project delays.” However, on page 8 the RFSOQ instructed us to only provide Sections A-E of the SF330. In order to provide this information, would DEP like us to include this information in “SF 330 -Section H.

Additional Information”? If not, in which Tab/Section do you want this included?

Answer: Please provide the information in SF 330 -Section H. Additional Information.

23. Question: On page 9 of Attachment B of the RFSOQ, it states that “…the respondent must provide the required information for a minimum of five (5) separate and verifiable projects…” Then on page 10, it states “…Failure to provide the required information for a minimum of three (3) separate and verifiable clients in the spaces provided on Attachment D, or failure to provide the required information for each reference shall result in the respondent receiving a score of zero (0) for the Past Performance section of the evaluation criteria.” On page 1 of Attachment D, it states that we need a minimum of 3 projects. Can you confirm that the minimum number of required references we must provide on Attachment D is 3?

Answer: Please provide three (3) projects.

24. Question: On Attachment H, Section B, assuming that name of respondent #1 is the prime firm, is respondent #2’s signature required if we are not responding as a joint venture? If in not in regard to a joint venture, what is the purpose of respondent #2 (who would it be)?

Answer: If Respondent #1 is the Prime Firm and not responding as a joint venture, a second signature is not required.

25. Question: Please confirm that “Attachment F”, “Attachment G” and “Attachment I” do not need to be included with the submittal.

26. Question: Are we allowed to include the relevant experience of our sub-consultants in

Tab 3-Qualifications in addition to the Prime’s experience?

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DEP RFSOQ No. RFSOQBDC01-13/14, Addendum #1, Page 6 of 7

TALLAHASSEE, FLORIDA 32399-3000

In all other respects, the contract documents of which this is an Addendum, and attachments relative thereto, shall remain in full force and effect.

NOTICE

It will be required that this addendum be signed in acknowledgment of receipt and that it be attached to Bid when same is submitted to Katie Parrish, Construction Projects Administrator II, Bureau of Design and Construction, 3900 Commonwealth Blvd. MS520, Tallahassee, Florida 32399-3000. Failure to do so may be grounds for rejection of the Bid

Signature of Contractor and Date

DEP RFSOQ No. RFSOQBDC01-13/14, Addendum #1, Page 7 of 7

May 19, 2014

Prospective Consultant

Subject: DEP Solicitation Number RFSOQBDC01-13/14

Request for Statements of Qualifications (RFSOQ) for Statewide Architectural or

Engineering Services

This is an RFSOQ from professional architectural & engineering firms for continuing architectural, structural, civil, mechanical, electrical, geotechnical and plumbing engineering services for park development/improvements in the state of Florida as part of a continuing services contract. The RFSOQ package consists of this transmittal letter and the following attachments:

Attachment A - DEP Solicitation Acknowledgement Form

Attachment B - General Instructions for the Preparation and Submission of

Statements of Qualifications for Professional Architectural and

Engineering Services

Attachment C - Scope of Services

Attachment D - Client Reference Form

Attachment E - Drug Free Workplace Certification

Attachment F - Evaluation Criteria

Attachment G - RFSOQ Response Checklist

Attachment H - Respondent/Subcontractor Summary Form

Attachment I - Proposed Contract

Your response should comply fully with these instructions which stipulate what is to be included in the response. Prospective contractors submitting a response to this solicitation shall identify the solicitation number, date and time of opening on the sealed envelope or package transmitting their response. This information is used only to put the DEP's mailroom on notice that the package received is a response to a DEP solicitation and therefore should not be opened but delivered directly to the DEP Bureau of Design and Construction.

Prospective Contractor

This solicitation does not commit DEP to pay any costs incurred in the preparation and submission of a response in any form or to procure or contract for said services or supplies. The

Secretary of the DEP or his/her written designee are the only individuals who can commit the

DEP to the expenditure of funds in connection with any contract resulting from this solicitation.

The designated DEP, Bureau of Design and Construction, Contracts Section representative for this solicitation is the undersigned. All communications hereon should cite the subject solicitation number and be directed to my attention at the address provided in Attachment B, Item B.5.

Sincerely, Katie Parrish

Construction Projects Administrator 2

DEP Solicitation No. RFSOQBDC01-13/14, Attachment A, Page 1 of 9

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

REQUEST FOR STATEMENTS OF QUALIFICATIONS

PROFESSIONAL SERVICES

Page 1 of 56 Pages SUBMIT PROPOSAL TO:

Department of Environmental Protection Bureau of Design and Construction, Contracts Section 3800 Commonwealth Blvd. MS 520 Tallahassee, FL 32399

AGENCY RELEASE DATE:

SOLICITATION TITLE: SOLICITATION NO:

Statewide Professional Architectural or Engineering Services

RFSOQBDC01-13/14

PROPOSALS WILL BE OPENED @ 4:00 P.M. ON Monday, June 23, 2014 and may not be withdrawn within 180 days after such date and time.

VENDOR NAME:

VENDOR MAILING ADDRESS:

CITY – STATE – ZIP:

*AUTHORIZED SIGNATURE (MANUAL)

PHONE NUMBER:

FREE NUMBER:

FAX NUMBER: *AUTHORIZED SIGNATURE (TYPED), TITLE

EMAIL ADDRESS:

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

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

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

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

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

PUR 1001 – GENERAL INSTRUCTIONS TO RESPONDENTS

1. Definitions. The definitions found in R. 60A-1.001, F.A.C., shall apply to this contract, and when not defined in said rule shall have the meanings provided in Ch.

287, F.S. The foregoing notwithstanding, the definitions for terms and phrases below shall apply unless specifically indicated otherwise:The definitions found in

s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined:

(1) Associated Business Entity” shall mean a Business Entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with the respondent; including, but not limited to, the following: i) a business entity 20 percent or more of whose outstanding voting securities, membership interests or partnership interests are directly or indirectly owned, controlled, or held with power to vote, by the respondent, ii) a business entity which directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of whose outstanding voting securities, membership interests or partnership interests are directly or indirectly owned, controlled, or held with power to vote, by the respondent.

(2) “Business Entity” includes firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, companies, fiduciaries, corporations, and all other groups or combinations

DEP Solicitation No. RFSOQBDC01-13/14, Attachment A, Page 2 of 9

(3) "Buyer" means the entity that has released the solicitation. The term may also mean the “Customer” as defined in the General Contract Conditions (PUR 1000) published by the Florida Department of Management Services (DMS), if the entity meets the definition of both terms.

(4) “Control” means the ability, directly or indirectly, to direct the management or policies of an entity, whether through ownership of securities, by contract, or otherwise, including through common officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of an entity.

(5) "Procurement Officer" means the Buyer's contracting personnel, as identified in the solicitation.

(6) “Respondent" means the entity that submits materials to the Buyer in accordance with the instructions provided in the solicitation, as well as the entity that is ultimately selected by the Buyer to provide the commodities, construction or services contemplated by the contract.

(7) "Response" means the materials submitted by the Respondent in accordance with the instructions provided in the solicitation.

2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly.

3. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes:

an electronic signature on the response, generally, an electronic signature on any form or section specifically calling for a signature, and an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement.

NOTE: This section is superseded by a condition in Attachment B. Electronic submission of proposals is not required and will not be accepted.

4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed:

Technical Specifications, Special Conditions, Instructions to Respondents (PUR 1001), General Conditions (PUR 1000), and

Introductory Materials.

The Buyer objects to and shall not consider any additional 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. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. NOTE: This section is superseded by a condition in Attachment B.

5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. NOTE:

This section is superseded by a condition in Attachment B.

6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.

7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list:

submitting a bid on a contract to provide any goods or services to a public entity;

submitting a bid on a contract with a public entity for the construction or repair of a public building or public work;

submitting bids on leases of real property to a public entity;

being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and

Transacting business with any public entity in excess of the Category Two threshold amount ($35,000) provided in section 287.017 of the Florida Statutes.

8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not:

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

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

submit bids on leases of real property to a public entity;

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

Transact business with any public entity.

9. Respondent’s Representation and Certification. In submitting a response, each respondent understands, confirms and certifies that it has read each of the following statements, that the response to each statement is true and correct to the best of its knowledge and belief, and that it understands and acknowledges that the Buyer will rely on the accuracy of each statement in the award of any contract under the solicitation. If Respondent cannot so certify, it shall submit with its response a written explanation of the facts and circumstances which prevent it from doing so:

DEP Solicitation No. RFSOQBDC01-13/14, Attachment A, Page 3 of 9

a. Neither Respondent nor any Associated Business Entity thereof (or their respective employees) is currently under suspension or debarment by the State, any agency of the State, the United States or any agency thereof, or of any other governmental authority.

b. Neither the Respondent nor any Associated Business Entity thereof (or their respective employees) is currently under investigation by any governmental authority or has, in the last ten (10) years, been convicted or found liable for any act prohibited by law in any jurisdiction that involves conspiracy or collusion with respect to the submission of a bid on any public contract.

c. Neither the Respondent nor any Associated Business Entity thereof (or their respective employees) is delinquent or alleged to be delinquent in any [material] [financial][contractual] obligation to the [State, or any agency of the State][the Buyer], including any pending litigation with or any claim by the [State or any agency of the State][Buyer] for penalties, damages, reimbursable costs, liquidated damages, violation of permit or breach of contract.

d. Respondent’s submission of materials in response to the solicitation is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response.

e. The prices and amounts submitted by Respondent have been determined independently and without consultation, communication or agreement with any other respondent or potential respondent, and none of the prices or amounts – actual or approximate – have been disclosed to any respondent or potential respondent and will not be so disclosed before the solicitation opening.

f. The Respondent has fully informed the Buyer, in writing, of all convictions of Respondent, its Associated Business Entities, affiliates (as the term affiliates is defined in § 287.133(1)(a), F.S.), successors, assigns, and their respective employees (both current and former or while in the employ of another company) for violation of any state or federal antitrust or other law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public entity contract.

g. Neither the Respondent or any Associated Business Entity, nor any person associated with the same in the capacity of officer, director, member, partner, employee, investigator, project director, manager, auditor or other position involved in the administration of federal or state funds:

i. Has, within the preceding three (3) years been convicted of or had a civil judgment rendered against it or is presently indicted for or otherwise criminally or civilly charged with 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

ii. Has, within a three (3) year period preceding this certification, had one or more federal, state or local government contracts terminated for cause or default.

h. The product offered by the Respondent will conform to the specifications without exception.

i. The Respondent has read and understands the contract terms and conditions, and this submission is made in conformance with those terms and conditions.

j. If an award is made to the Respondent, it agrees that it will be legally bound to the contract that is formed with the State.

k. The Respondent has reviewed its records and made a diligent inquiry of its employees and agents responsible for preparing, approving or submitting this

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 this response.

l. The Respondent agrees to indemnify and hold Buyer harmless against any cost, damage or expense which Buyer may incur or which may be caused by any error, omission or misstatement in Respondent’s bid preparation.

m. Neither the Respondent nor any Associated Business Entity is currently a party to any litigation (judicial or administratively) with the Buyer.

10. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements.

11. Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The

Buyer may choose not to announce prices or release other materials pursuant to s. 119.07(3)(m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD).

12. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. NOTE:

This section is superseded by a condition in Attachment B.

13. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. NOTE: This section is superseded by a condition in Attachment B.

14. Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response.

15. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State’s best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents.

http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu

DEP Solicitation No. RFSOQBDC01-13/14, Attachment A, Page 4 of 9

16. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective.

17. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract.

By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest.

18. Public Records. Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly segregate and mark that information (for example, placing the material in a separate electronic file, and including the word "Confidential" in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption.

19. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-

110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process.

Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation.

Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes."

Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "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.”

(PUR 1001 – 60A-1.002(7), F.A.C.)

PUR 1000 – GENERAL CONTRACT CONDITIONS

1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined:

(a) “Contract” means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor.

(b) “Customer” means the State agency or other entity that will order products directly from the Contractor under the Contract.

(c) “Product” means any deliverable under the Contract, which may include commodities, services, technology or software.

(d) “Purchase order” means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means).

2. Purchase Orders. A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor’s order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. NOTE: This section is superseded by a condition in Attachment B.

3. Product Version. Purchase orders shall be deemed to reference a manufacturer’s most recently released model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version.

4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply.

(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly.

(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price.

(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-authorized prices.

Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion.

(d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process.

For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S.

(e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor’s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.

DEP Solicitation No. RFSOQBDC01-13/14, Attachment A, Page 5 of 9

5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation.

6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer’s property.

7. Manufacturer’s Name and Approved Equivalents. Unless otherwise specified, any manufacturers’ names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer’s prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc.

The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent.

8. Inspection at Contractor’s Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance.

9. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector.