PC-370000-WQ150.pdf

DEP Solicitation No. 2018004 Page 1 of 64

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Solicitation Acknowledgement Form

REQUEST FOR PROPOSALS

CONTRACTUAL SERVICES

Page 1 of 63 pages SUBMIT BID TO:

Florida Department of Environmental Protection DEP Procurement Section, Carr Building, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000 Telephone Number: 850-245-2361

AGENCY RELEASE DATE:

July 25, 2017

SOLICITATION TITLE:

Basin Management Action Plans

SOLICITATION NO.:

2018004

PROPOSALS WILL BE OPENED: @ 2:00 p.m. on Tuesday, August 15, 2017 and may not be withdrawn within 180 days after such date and time.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:

TOLL FREE

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 the material terms and the proposed prices contained in this response to this Request for Proposal (this Solicitation) have been kept confidential by the Respondent (and all people and entities affiliated with this Respondent who have or may have had knowledge of the same) and that, to the best of my knowledge, they have not been disclosed to any third party including, but not limited to, any other respondent to this Solicitation. Further, I certify that the prices proposed herein were arrived at and submitted without prior understanding, agreement, or in cooperation with any other entity submitting a response to this Solicitation, or to induce an entity to forbear from filing a response, and that this response is in all respects made without collusion or in an effort to perpetrate a fraud on the agency.

I certify that I am authorized to sign this response to this Solicitation for the Respondent and that the Respondent is in compliance with all requirements of this Solicitation; including, but not limited to, the certification requirements contained in this Solicitation as well as those contained above. In submitting this response, the Respondent offers and agrees that if the response is accepted, the Respondent 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 Respondent.

Respondent agrees to abide by all conditions of this Response and, if selected, to perform in accordance with all terms of the Solicitation and any contract arising there from.

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:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

DEP Solicitation No. 2018004 Page 2 of 64

CAUTION: If Respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority (“Florida Public Records Law”), note the following:

Respondent shall not mark the entire Proposal as confidential, trade secret or otherwise not subject to Florida Public Records Law. Any Proposal with more than fifty percent (50%) of the documents, data or records so marked will be deemed non-responsive and will not be considered.

If you assert that any portion of your Proposal is exempt from disclosure under the Florida Public Records law, you must submit a redacted version of the Proposal along with the un-redacted version, per Section 1.08, Submittal of Proposal of this Solicitation. The redacted copy shall be clearly titled “Redacted Copy.”

IF YOU CLAIM CONFIDENTIALITY AS TO ANY PORTION OF YOUR PROPOSAL AND DO NOT PROVIDE AN

ACCOMPANYING “REDACTED COPY,” SUCH PROPOSAL MAY BE CONSIDERED NON-RESPONSIVE AND

REJECTED PRIOR TO ITS CONSIDERATION.

TABLE OF CONTENTS

SCHEDULE OF EVENTS

SECTION 1.00 – INTRODUCTION

1.01. Purpose and Scope

1.02. Procurement Officer

1.03. Questions

1.04. Addenda

1.05. Response Form

1.06. General Instructions for Preparation of the Proposal

1.07. Submittal of Proposal

1.08. Alternate Proposals

1.09. Elaborate Proposals

1.10. General Evaluation Information

1.11. Administrative Review

1.12. Administrative Cure Process

1.13. Evaluation Criteria Scoring

1.14. Basis of Award

1.15. Posting of Agency Decision

1.16. Type of Contract Contemplated

1.17. Contract Term

DEP Solicitation No. 2018004 Page 3 of 64

1.18. Contract Renewal

1.19. Florida Department of State Registration Requirements

1.20. Convicted Vendor List

1.21. MyFloridaMarketPlace Vendor Registration

1.22. State Project Plan

1.23. Respondent Responsibility

SECTION 2.00 – GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

SECTION 3.00 – SPECIAL INSTRUCTIONS TO RESPONDENTS

3.01. Definitions

3.02. Assertion of Confidentiality Regarding Submitted Materials

3.03. Conflict of Interest

3.04. Disclosure

3.05. Firm Proposal

3.06. Misrepresentations

3.07. Public Requests for Proposals

3.08. Qualifications

3.09. Samples

SECTION 4.00 – TECHNICAL SPECIFICATIONS

4.01 Purpose

4.02 Scope of Services

4.03 Deliverables

4.04 Cost Assumptions

4.05 Task Assignment Process

SECTION 5.00 – SPECIAL CONDITIONS

5.01 Additional Quantities

5.02 Additions / Deletions

5.03 Background Checks

5.04 Disclosure of Litigation

5.05 Invoicing and Payment

5.06 Laws and Permits

5.07 Performance Bond

5.08 Subcontracting

SECTION 6.00 – GENERAL CONTRACT CONDITIONS (PUR 1000)

SECTION 7.00 – RESPONSE FORM

DEP Solicitation No. 2018004 Page 4 of 64

SECTION 8.00 – CERTIFICATION OF DRUG-FREE WORKPLACE

SECTION 9.00 – CLIENT REFERENCES FORM

SECTION 10.00 – RESPONDENT / SUBCONTRACTOR OR (TEAM, IF NOT SUBCONTRACTOR) SUMMARY FORM

SECTION 11.00 – EVALUATION CRITERIA

SECTION 12.00 – EVALUATION OF PAST PERFORMANCE

SECTION 13.00 – PROPOSED CONTRACT

SECTION 14.00 – SOLICITATION PROPOSAL CHECKLIST

– Remainder of Page Intentionally Left Blank –

DEP Solicitation No. 2018004 Page 5 of 64

SCHEDULE OF EVENTS

The following schedule will be strictly adhered to in all actions relative to this Solicitation. The Department reserves the right to make adjustments to this schedule and will notify participants in the Solicitation by posting an addendum on the Vendor Bid System (VBS). It is the responsibility of the Respondent to check VBS on a regular basis for such updates.

DATES EVENTS METHOD

July 25, 2017 Solicitation Advertised Vendor Bid System http://www.myflorida.com/apps/vbs/vbs_www.main _menu

August 1, 2017 Questions Submitted in Writing

Procurement Contact identified in Section 1.02, Procurement Officer

On or about, August 8, 2017

Answers to Questions Posted

Vendor Bid System http://www.myflorida.com/apps/vbs/vbs_www.main _menu

MUST BE RECEIVED NO

LATER THAN:

August 15, 2017 at 2:00 p.m. ET

SEALED BIDS DUE AND

OPENED

Submit to:

Florida Department of Environmental Protection DEP Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000

SOLICITATION NUMBER MUST BE ON ENVELOPE

On or about, September 5, 2017

Anticipated Posting of Recommended Award

Vendor Bid System http://www.myflorida.com/apps/vbs/vbs_www.main _menu http://www.myflorida.com/apps/vbs/vbs_www.main_menu http://www.myflorida.com/apps/vbs/vbs_www.main_menu http://www.myflorida.com/apps/vbs/vbs_www.main_menu

DEP Solicitation No. 2018004 Page 6 of 64

SECTION 1.00 – INTRODUCTION

1.01. Purpose and Scope. The Department of Environmental Protection (hereinafter referred to as the Department and/or DEP) is requesting proposals from qualified vendors to provide facilitation support for the development and implementation of local restoration plans, such as Basin Management Action Plans (BMAPs), Reasonable Assurance Plans (4b Plans), Pollutant Reduction Plans (4e Plans), Site Specific Alternative Criteria (SSACs), and Class III-Limited Petitions.

1.02. Procurement Officer.

Lori L. Anderson, Procurement Officer DEP Procurement Section, Carr Building, Room 215 Florida Department of Environmental Protection 3800 Commonwealth Boulevard, MS#93 Tallahassee, Florida 32399-3000 Telephone Number: (850) 245-2355 Email: lori.l.anderson@dep.state.fl.us

Refer ALL inquiries in writing to the Procurement Officer by email. Responses to timely questions posed to the Procurement Officer will be posted on the Vendor Bid System (VBS), at http://myflorida.com/apps/vbs/vbs_www.main_menu in accordance with Section 1.03.

The Department will not talk to any Respondents or their agents regarding a pending solicitation. Please note that questions will NOT be answered via telephone.

***ALL EMAILS TO THE PROCUREMENT OFFICER SHALL CONTAIN THE SOLICITATION NUMBER IN THE

SUBJECT LINE OF THE EMAIL***

1.03. Questions. Information will not be provided by telephone. The Procurement Officer 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 DEP Procurement Section.

Any questions from prospective Respondents concerning this Solicitation shall be submitted in writing, identifying the submitter and Solicitation number, to the Procurement Officer no later than the time and date specified in the Schedule of Events. No interpretation shall be considered binding unless provided in writing by the Department in response to a request in full compliance with this provision. E-mail inquiries are preferred; however, a hard copy or facsimile is acceptable. All questions and answers will be posted on the VBS. It is the prospective Respondent’s responsibility to periodically check the VBS.

The Department bears no responsibility for any delays, or resulting impacts, associated with a prospective Respondent’s failure to obtain the information made available through the VBS.

Questions will not constitute a formal protest of the specifications or of the Solicitation.

Responses to all written inquiries, and clarifications or addenda if made to the Solicitation, will be made through the VBS.

Each submission shall have the solicitation number in the subject line of the email. Questions must be submitted in the following format to be considered:

mailto:lori.l.anderson@dep.state.fl.us http://myflorida.com/apps/vbs/vbs_www.main_menu

DEP Solicitation No. 2018004 Page 7 of 64

Question # Solicitation Section

Solicitation Page # Question

NOTE: This section supersedes Section 2.00, General Instructions to Respondents (PUR-1001), Paragraph #5, Questions.

1.04. Addenda. If the Department finds it necessary to supplement, modify, or interpret any portion of the Solicitation documents, a written “Addendum” will be posted on the VBS. It is the responsibility of the prospective Respondents to be aware of any Addenda that might have a bearing on their Proposal.

1.05. Response Form. Section 7.00 must be completed and submitted for the Response. The Department will not accept any other type “Response Form” as a valid Proposal to this Solicitation. By affixing the authorizing signature, the Respondent hereby affirms and agrees to all terms, conditions, provisions, and specifications within the Solicitation. Prior to issuance of a contract, the selected Respondent must be properly licensed to do business within the State of Florida, if required by federal or state law, for the service or commodities the Respondent will provide the Department.

1.06. General Instructions for Preparation of the Proposal. The instructions for this Solicitation have been designed to help insure that all Proposals are reviewed and evaluated in a consistent manner, as well as to minimize costs and response time. ANY AND ALL INFORMATION SUBMITTED IN VARIANCE

WITH THESE INSTRUCTIONS WILL NOT BE REVIEWED OR EVALUATED.

• Part I, Technical Proposal: The Technical Proposal shall consist of the following parts:

A. Solicitation Acknowledgement Form (Tab A): The Solicitation Acknowledgement Form (original copy provided in solicitation package) shall be completed as instructed. The original signed copy shall be submitted in one (1) copy of the Proposal package marked "Original". One

(1) duplicate electronic copy of the complete Technical Proposal, in .pdf format, shall be provided on a CD, DVD, or USB memory stick. If a Respondent fails to submit a completed Solicitation Acknowledgement Form with their Proposal, the Department reserves the right to contact the Respondent by telephone for submission of this document via fax with follow up via mail. This right shall be exercised when the Technical and Price Proposals have met all other requirements of the Solicitation.

In the event that Respondents submit a Proposal as a joint venture, each member of the joint venture must complete and sign a separate Solicitation Acknowledgement Form.

B. Technical Response (Tab B): The Technical Proposal Package shall be prepared by each Respondent using 8.5" x 11" paper (one inch margins, Arial 12pt font) and should use double-sided printing.

Using the description of work outlined in the Technical Specifications, Respondents shall prepare their Technical Proposal Package in the order outlined below for ease of the identification and review by the evaluators. If a portion of any section is omitted, the Respondent will receive a score of zero for that section. However, Respondent shall not use the tab pages to present additional information.

1. Introduction: This section shall provide a general description of how the Respondent will accomplish the overall goals, i.e., development, implementation, and facilitation of BMAPs, Subcategory 4b and 4e plans, and Class III-Limited plans. It should include identification of

DEP Solicitation No. 2018004 Page 8 of 64 key elements needed for development of a consensus decision-making process and an overview of relevant experiences.

2. Company Background: This section shall provide information on the historical background of the Respondent and on the Respondent’s organizational structure. This should include years in operation and years involved in work related to this project.

3. Organizational Plan: Respondents should present the organizational structure of the proposed team and outline the responsibilities of each team member, as applicable. If subcontractors will be used, identify the tasks for which they will be responsible. Only personnel who are current employees of the Respondent or of the subcontractors shall be identified.

4. Project Management Qualifications and Experience of Proposed Personnel: Respondents should include a matrix that shows for each proposed project staff member: job title, project role and responsibilities description, and available time for project roles. In addition, a brief description of the working relationship between the Respondent and subcontractor should be provided, where applicable. It should state whether the two entities have worked together on prior projects as well as a description of these projects and associated responsibilities. Priority will be given to companies with personnel in Florida; therefore, the Respondent’s location should be included in this section.

5. Qualifications and Experience: This section should present the qualifications of the Respondent and Respondent’s team including an example of experience directly related to the solicitation and its goals, especially as a facilitator or management consultant.

Activities that involved governmental agencies and their interactions with the public and private interests, within the State of Florida, should be emphasized. Each team member’s experience and examples of qualification to perform assigned tasks should be outlined.

Subcontractors’ qualifications should also be included. The Respondent should describe the demonstrated experience of the Respondent and the Respondent’s team, including the subcontractor(s), in each of the following areas:

(a) Respondent’s experience developing Basin Management Action Plans, Reasonable Assurance Plans, and Pollutant Reduction Plans. Provide number of plans completed for each type;

(b) Respondent’s experience with rulemaking in the state of Florida;

(c) Respondent’s experience with the development and implementation of public policy in the State of Florida;

(d) Respondent’s experience facilitating stakeholder participation and managing large stakeholder groups;

(e) Respondent’s experience with Florida’s Sunshine Law;

(f) Respondent’s experience with government (public) sector facilitation and interagency collaboration;

(g) Respondent’s experience with related Department water resource programs, such as National Pollutant Discharge Elimination System (NPDES) permits, Total Maximum Daily Loads (TMDLs), water quality standards, etc.;

(h) Respondent’s experience with water resource issues in the State of Florida;

DEP Solicitation No. 2018004 Page 9 of 64

(i) Respondent’s experience with scientific and technical support in watershed restoration; and

(j) Respondent’s experience in presenting complex technical concepts and data to non-technical stakeholders in written and visual formats (e.g., PowerPoint presentations).

Each Team member’s experience and examples of qualifications to perform assigned tasks should be outlined. Intended subcontractors’ qualifications should also be included. This includes the resume or curriculum vitae for the proposed project manager and principal point of contact. Qualifications of personnel can only be presented as part of the Respondent’s proposal for individuals who are currently employed by the Respondent, not individuals the Respondent proposes to hire if they are awarded a contract. The same applies to qualifications of subcontractor personnel. In an appendix to this section, the respondent shall supply resumes or curriculum vitae showing the qualifications of the individual(s) who will perform the work, including experience in similar services outlined in this Solicitation.

C. PAST PERFORMANCE/CLIENT REFERENCES (Must use pages provided) (Tab C): The Respondent must provide the required information on the Client Reference Form (Section 9 .00) for five (5) separate and verifiable clients which the Respondent has completed projects similar in nature to this Solicitation over the past five (5) years.

• Confidential clients shall not be included.

• The same client may not be listed for more than one (1) reference (for example, if the Respondent has completed a project for the Florida Department of Transportation – District One and one project for the Florida Department of Transportation – District Two, only one of the projects may be listed).

• If the Respondent has performed work similar in nature to this Solicitation for the Department, the Respondent shall list the Department as a client reference.

• Clients that are listed as subcontractors in the Respondent’s proposal will not be accepted as Past Performance references under this Solicitation.

• A client that is currently a parent or a subsidiary company to the Respondent will not be accepted as a Past Performance references under this Solicitation.

• For Respondents that submit a proposal as a joint venture, at least one (1) past performance client must be listed for each member of the joint venture.

A Department representative will choose, at its own discretion, two (2) of the Respondent’s references and contact them via telephone to complete the Evaluation of Past Performance form (Section 12.00).

• If DEP is listed as one (1) of the client references, then the DEP client will be used as one of the required number of references.

• References should be available to be contacted during normal working hours.

• The Department will attempt to contact each selected reference by phone up to two (2) times during the duration of one (1) week.

• If the contact person cannot be reached following the specified number of attempts, the Respondent shall receive a score of zero (0) for that reference evaluation.

DEP Solicitation No. 2018004 Page 10 of 64

D. Respondent/Subcontractor Summary Form (Tab D): On the Respondent/Subcontractor Summary Form (Section 10.00) provided, the Respondent shall list the name of the Respondent(s)/Subcontractor(s) and indicate the one business category of the Respondent/Subcontractor.

E. State Project Plan (Tab F): The Respondent shall submit a written plan addressing the State’s five (5) objectives listed in Section 1.22, State Project Plan, to the extent applicable to the items/services covered by this Solicitation. The Department expects Respondents to address each objective. Objectives not addressed in the selected contractor’s proposal must be addressed prior to contract execution.

F. Additional Documents (Tab F): This section of the proposal shall contain the following:

• Certification of Drug-Free Workplace, Section 8.00 (if applicable).

• Part II, Price Proposal: Proposals not submitted on the Response Form (Section 7.00) shall be rejected. The Respondent’s Response Form must be submitted on the forms provided in the Solicitation. Submit the price proposal in a separately sealed package marked Price Proposal.

On the Response Form provided in Section 7.00, the Respondent shall provide a cost for each of the positions listed. The prices must include the cost of all things necessary to provide the services described in this Solicitation and the Respondent’s proposal. Failure by the Respondent to provide a cost for any of the positions listed in Section 7.00 shall result in the response being deemed non-responsive and therefore, rejected. Footnotes, notations, and exceptions made to this form will not be considered.

Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a particular assignment of work, which are not included in Response Form (Section 7.00), shall be compensated on a “cost plus %” basis only and must be evidenced by an executed work assignment form. Such approvals will not be common, but will enable the Department to obtain special analytical or response/disposal services that may be unanticipated, but which are related to this Solicitation. In the event that the Department determined that such rates should become a part of the rate schedule attached to the contract resulting from this Solicitation, the Department shall initiate a change order evidencing rates mutually agreed to by both parties for inclusion in Response Form (Section 7.00).

1.07. Submittal of Proposal. Both Technical and Price Responses (Response) must be received in accordance with VBS and Schedule of Events. Sealed Proposals must be executed and submitted in two

(2) parts and be marked as follows:

• Part I – Technical Proposal (One Separately Sealed package for Technical Response); and

• Part II – Price Proposal (One Separately Sealed package for Price Response).

THE SEPARATELY SEALED PACKAGES MAY BE MAILED TOGETHER IN ONE ENVELOPE OR BOX.

The face of the envelope shall contain the Solicitation number and opening date. All Solicitations are subject to the conditions specified herein. Those that do not comply with these conditions are subject to rejection.

The Respondent must submit five (5) copies (one (1) Original hard copy and four (4) duplicate hard copies) and one (1) duplicate electronic copy of the Technical and Price Proposals to the Department.

The original hard copy of the proposal shall bear original signatures and be marked as the “Original”.

The electronic copy of the Proposal may be submitted on CD, DVD, or USB-compatible memory stick and

DEP Solicitation No. 2018004 Page 11 of 64 must be in .pdf format. The Department will reject Proposals submitted in alternate file formats or which contain information different from that in the hard copy of the Proposal.

If you assert that any portion of your Proposal is exempt from disclosure under the Florida Public Records law, you must submit a redacted version of the Proposal along with the un-redacted version.

The redacted copy shall be clearly titled “Redacted Copy.”

All proposed materials must be packaged so that each box of materials shipped to the Department does not exceed 25 pounds.

Respondents submitting are advised to assure the files are not corrupt prior to mailing as any material which is not readable will not be considered.

CAUTION: Responses received at the office designated after the exact time specified for receipt will not be considered.

NOTE: This section supersedes Section 2.00, General Instructions to Respondents (PUR-1001) Paragraph #3, Electronic Submission of Responses.

1.08. Alternate Proposals. A Respondent may not submit more than one (1) Proposal. The Department seeks each Respondent’s single-best Proposal.

1.09. Elaborate Proposals. It is not necessary to prepare your Proposal using elaborate brochures and artwork, expensive paper and bindings, or other expensive visual presentation aids. Proposal shall be prepared in accordance with the instruction herein.

1.10. General Evaluation Information. The Department reserves the right to accept or reject any or all proposals received; waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interest; and reserves the right to make an award without further discussion of the proposals submitted. No allowances will be made to the Respondent because of a lack of knowledge of conditions or requirements and will not relieve any liabilities and obligations.

A non-responsive submittal shall include, but not be limited to, those that: a) are irregular or are not in conformance with the requirements and instructions contained herein; b) fail to use or complete prescribed forms; or c) have improper or undated signatures. A NON-RESPONSIVE SUBMITTAL WILL

NOT BE CONSIDERED.

In determining Respondent responsibility, the Department may consider any information or evidence which comes to its attention and which reflects upon a Respondent’s capability to fully perform the contract requirements and/or the Respondent’s demonstration of the level of integrity and reliability which the Department determines to be required to assure performance of the contract.

The Department 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 proposal. In submitting its proposal, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

1.11. Administrative Review. All Proposals will be reviewed by the Procurement Officer to ensure that complete Proposals have been submitted and to ensure that the Proposals meet the minimum requirements of this Solicitation. Complete Proposals that meet the minimum requirements of this Solicitation will be sent to the Evaluation Team for their qualitative review. In order to foster maximum competition, the Department will seek to minimize Respondent disqualifications resulting from non-responsiveness during the administrative review process. Therefore, the Department may, in its sole

DEP Solicitation No. 2018004 Page 12 of 64 discretion, notify Respondents whose qualifying information or documentation does not meet the requirements of the Solicitation and will allow the correction of errors and omissions prior to making a final determination of responsiveness. Timely cures will be accepted by the Department.

1.12. Administrative Cure Process. In the interest of maximizing competition, the administrative cure process seeks to minimize, if not eliminate, Respondent disqualifications resulting from nonmaterial, curable deficiencies in the Proposal. During the Administrative Review portion of the evaluation, if the Department determines that a nonmaterial, curable deficiency in the Proposal will result in the disqualification of a Respondent, the Department may notify the Respondent of the deficiency and a timeframe within which to provide the information. This process is at the sole discretion of the Department; therefore, the Respondent is advised to ensure that its Proposal is compliant with the Solicitation at the time of submittal.

1.13. Evaluation Criteria Scoring. With the exception of the cost and past performance reviews, each proposal will be reviewed by at least three (3) evaluators. Each of the evaluators will work independently using the evaluation criteria contained in Section 11.00, Evaluation Criteria Scoresheet. A Department representative will contact references via telephone to obtain the past performance reviews. The DEP Procurement Section will evaluate the cost section of the Proposal. The scores for the past performance reviews and the cost evaluation shall be provided to the evaluators for inclusion on their scores sheets for calculation of the total numerical rating. The DEP Procurement Section will use the total point scores to rank each Respondent by each evaluator, and then calculate an average rank for each proposal for all evaluators. The DEP Procurement Section shall present the average rankings to the Division Director or his designee, who will then determine the recommended contract award.

For example:

Firm Raw Points Received Rank Company A 200 2 Company B 210 1 Company C 180 3.5* Company D 175 5 Company E 180 3.5*

In the event that multiple firms have the same raw point score, the rank positions for these firms are averaged and each firm receives that rank. In this case the third and fourth ranks are tied so 3 + 4 = 7; 7 divided by 2 = 3.5. Each tied firm receives a rank of 3.5. All proposals must comply with the terms of this Solicitation.

1.14. Basis of Award. The Department intends to make award to the highest ranked responsible, responsive Respondent meeting all specifications and conditions. The Department reserves the right to make award to one Respondent or multiple Respondents by region, or to make no award, as determined to be in the best interest of the State.

1.15. Posting of Agency Decision. The Department will post a Notice of Intent to Award, stating its intent to enter into one (1) or more contracts with the Respondents(s) identified therein, on the VBS website. If the Department decides to reject all Responses, it will post its notice on the same VBS website. The Notice of Intended Award will be posted for review by interested parties on the VBS on or after the date listed on the Schedule of Events.

To access the posted results, go to http://www.myflorida.com/apps/vbs/vbs_www.main_menu. Once at this site, the steps listed below should be followed to access the Vendor Bid System (VBS). The date

DEP Solicitation No. 2018004 Page 13 of 64 as specified in the Schedule of Events is to be used by prospective Respondents for planning purposes only and is subject to change.

• Click on Search Advertisements;

• Under the “Agency” search field, select the “Department of Environmental Protection” and scroll to the bottom of the page and click “Advertisement Search”;

• A list of all advertisements posted for DEP will be displayed; and

• Click on the applicable solicitation number.

NOTE: This section supersedes Section 2.00, General Instructions to Respondents (PUR-1001), Paragraph #3, Electronic Posting of Notice of Intended Award.

1.16. Type of Contract Contemplated. A task assignment contract is proposed and the method of payment will be a combination fee schedule/cost reimbursement schedule (based on the prices by the selected Respondent on Response Form, Section 7.00); however, the Department reserves the right to award another type contract, if such will be most advantageous to the Department and the State of Florida, price and other factors considered. Travel expenses for travel in conjunction with unscheduled/emergency maintenance trips will be compensated on a cost reimbursement basis in accordance with section 112.061, F.S. The selected contractor shall be paid for the services rendered under the contract resulting from this Solicitation upon satisfactory completion of these services. No minimum amount of work is guaranteed under the resulting contract.

A copy of the proposed contract containing all requirements is included as Section 13.00. The requirements contained in the proposed contract should be closely reviewed by the offeror since modifications proposed by the Respondent will not be considered.

NOTE: This section supersedes Section 5.00, General Contract Conditions (PUR-1000) Paragraph #2, Purchase Orders.

1.17. Contract Term. The term of the contract will begin upon execution by both parties and remain in effect for a period of five (5) years, unless terminated earlier in accordance with the terms of the contract.

1.18. Contract Renewal. The Department reserves the right to renew any contract resulting from this Solicitation. Renewal shall be subject to the terms and conditions set forth in the existing contract for up to five (5) years. Renewal of this contract shall be in writing and subject to the same terms and conditions of this contract. All renewals are contingent upon satisfactory performance by the contractor and the availability of funds.

1.19. Florida Department of State Registration Requirements. All entities defined under Chapters 865, 607,608, 620, or 621, F.S., seeking to do business with the Department shall, prior, to the execution of the contract, be appropriately registered with the Florida Department of State. Information about the registration process is available at http://www.sunbiz.org/index.html.

1.20. Convicted Vendor List. A company placed on the Convicted Vendor List may not submit a Reply or be awarded a contract to provide any goods or services pursuant to Rule 60A-1.006 F.A.C. The “Convicted Vendor List” is published at:

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted _suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list .

1.21. MyFloridaMarketPlace Vendor Registration. Prior to the execution of the contract by the Department, the selected vendor must be registered with the Florida Department of Management http://www.sunbiz.org/index.html http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

DEP Solicitation No. 2018004 Page 14 of 64

Services (DMS) MyFloridaMarketPlace Vendor Registration System. Information about the registration process is available and registration may be completed at the MyFloridaMarketPlace website:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_v endors/requirements_for_vendor_registration (link also available under Business at www.myflorida.com).

Prospective vendors who do not have Internet access may request assistance from MyFloridaMarketPlace Customer Service at (866) 352-3776.

The following United Nations Standard Products and Services Codes (UNSPSC) are provided to assist you in your registration efforts:

• 82111500 – Technical Writing

• 77101700 – Environmental Studies Services & Consulting Services

1.22. State Project Plan. The Respondent shall submit a written plan addressing the State’s five (5) objectives listed below, to the extent applicable to the items/services covered by this Solicitation. The Department expects Respondents to address each objective. Objectives not addressed in the selected Proposal must be addressed prior to issuance of a contract.

SUBMIT THE RESPONDENT SUMMARY FORM (SECTION 10.00) IDENTIFYING THE TEAM THAT WILL BE UTILIZED IN CONNECTION WITH THIS CONTRACT. LIST THE NAMES AND INDICATE THE OFFICE OF

SUPPLIER DIVERSITY BUSINESS CATEGORY OF EACH ONE LISTED.

1. Minority-, Women-, and Veteran Business Enterprises. The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and veteran business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority-, women-, and veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.

The State is dedicated to fostering the continued development and economic growth of small-, minority-, women-, and veteran business enterprises. Participation by a diverse group of Vendors doing business with the State is central to this effort. It is vital that small-, minority-, women-, and veteran business enterprises participate in the State’s procurement process as both Contractors and sub-contractors in this Solicitation. Small-, minority-, women-, and veteran business enterprises are strongly encouraged to contribute to this Solicitation.

The consultant shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small-, minority-, women-, and veteran business enterprises.

Information on certified Woman / Minority Business Enterprises (W/MBE) and certified Veteran Business Enterprises is available from the Office of Supplier Diversity at:

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.

Quarterly Reports of revenue paid to certified W/MBE and certified Veteran Business Enterprises consultants (agents or sub-consultants) as a result of any award shall be provided to DEP’s Procurement Office by the Prime Consultant on an Agency by Agency (or other eligible user) level.

2. Environmental Considerations: The Respondent shall provide a plan for reducing and/or handling of any hazardous waste generated by the Respondent’s company. It is a requirement of the Department that a generator of hazardous waste materials that exceeds a certain threshold must http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/requirements_for_vendor_registration http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors/requirements_for_vendor_registration http://www.myflorida.com/ http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/

DEP Solicitation No. 2018004 Page 15 of 64 have a valid and current EPA Identification Number. This identification number shall be submitted as part of the Respondent’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of waste. Reference Rule 62-730, F.A.C., and federal hazardous waste regulations for generators at 40 C.F.R. part 262.

3. Certification of Drug-Free Workplace Program: The State supports and encourages initiatives to keep the workplace of Florida’s suppliers and consultants drug free. Section 287.087, F.S., provides that where identical tie proposals are received, preference shall be given to a proposal received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, the Respondent shall sign and submit the “Certification of Drug-Free Workplace Program” Form (Section 8.00) to certify that the Respondent has a drug-free workplace program.

4. Products Available from the Blind or Other Handicapped (RESPECT): The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in section 413.036(1) and (2), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at https://sercure.imarcsgroup.com/respect/Default.asp.

The Respondent shall describe how it will support the use of RESPECT in offering the services/items being procured under this Solicitation. Respondents proposing the use of RESPECT as a sub-consultant shall be required to provide written proof of a sub-consultant agreement for this Solicitation with RESPECT with their Proposal. The written documentation shall be a one (1) page letter supplied by the sub-consultant on its letterhead stationery, clearly identifying the Solicitation Number, the project title, and the prime consultant with whom the firm intends to subcontract.

5. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): The State supports and encourages the use of Florida Correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in section 946.515(2) and (4), F.S.; and for purpose of this contract the person, form or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the Department insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises.org.

The Respondent shall describe how it will support the use of PRIDE in offering the services/items being procured under this Solicitation.

1.23. Respondent Responsibility. In determining Respondent responsibility, the Department may consider any information or evidence which comes to its attention and which reflects upon a Respondent’s capability to fully perform the Solicitation requirements and/or the Respondent’s demonstration of the level of integrity and reliability which the Department determines to be required to assure performance of the Solicitation.

https://sercure.imarcsgroup.com/respect/Default.asp http://www.pride-enterprises.org/

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SECTION 2.00 – GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

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 which must be downloaded for review. This document need not be returned with the Respondent’s Reply. Form PUR 1001 may be accessed at http://dms.myflorida.com/business_operations/state_purchasing under “Documents, Forms, References and Resources”; “Purchasing Forms”.

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, in which case the statutory requirements shall take precedence.

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SECTION 3.00 – SPECIAL INSTRUCTIONS TO RESPONDENTS

3.01. Definitions. Listed below are definitions specific to this Solicitation:

A. “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 twenty percent (20%) 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, twenty percent (20%) or more whose outstanding voting securities, membership interests or partnership interests are directly or indirectly owned, controlled, or held with power to vote, by the Respondent.

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

C. “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, executive, partners, shareholders, employees, members, or agents who are active in the management of an entity.

3.02. Assertion of Confidentiality Regarding Submitted Materials.

A. Proposals should contain only information that is responsive to the Solicitation. Any relevant and responsive information submitted which is asserted by you to be proprietary, trade secret, intellectual property, or otherwise confidential (“Confidential Information”) and which you claim as privileged from disclosure despite any applicable Florida Public Records Law, must be clearly marked as such in the un-redacted version of your Proposal, and either removed from or obliterated in the Redacted Copy.

B. If Respondent fails to submit a Redacted Copy, the Department is authorized to produce the entire un-redacted document submitted to the Department in response to a public records request encompassing the Proposal.

C. The Redacted Copy should redact all, but only, those portions of material that Respondent asserts are Confidential Information. Respondent must identify the statutory citation supporting its claim of confidentiality for each and every redaction.

D. Failure to identify asserted Confidential Information in Proposals, and/or to redact such information in the Redacted Copy, shall constitute a waiver of any claim of confidentiality or exemption to such information, document or Proposal.

3.03. Conflict of Interest. The Respondent covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required to be performed under the contract.

3.04. Disclosure. Information will be disclosed to Respondents in accordance with State statutes and rules applicable to this Solicitation after evaluations are complete.

3.05. Firm Proposal. The Department may make an award within one hundred eighty (180) days after the date of the Proposal opening, during which period the Proposal submitted shall remain firm and shall not be withdrawn. If an award is not made within one hundred eighty (180) days after the Proposal opening date, the Proposal shall remain firm until either the Department posts an Agency

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Decision or the Department receives a written notice from the Respondent that the Proposal is withdrawn, whichever occurs first. Any Proposal that expresses a shorter duration shall be rejected.

NOTE: This section supersedes Section 2.00, General Instruction to Respondents (PUR1001), Paragraph #14, Firm Response.

3.06. Misrepresentations. All information submitted and representations made by the Respondent are material and important and will be relied upon by the Department in awarding the contract. Any misstatement or omission (a “Misrepresentation”) shall be treated as a fraudulent concealment of the true facts relating to submission of the Solicitation. A misrepresentation shall be a basis for the Department to disqualify the Respondent from participating in this Solicitation, and any re-solicitation pertaining to this subject matter (regardless of whether the re-solicitation resulted from Respondent’s misrepresentation) and shall be punishable under law, including, but not limited to, Chapter 817, F.S.

3.07. Public Requests for Proposals.

A. If a public records request is made for the Proposal, the Department will provide the requestor access to the Redacted Copy, bearing Respondent’s assertion of exemption from disclosure. If a public records request is made for the un-redacted Proposal challenging the assertion of exemption, the Department will notify Respondent that the requested records contain asserted Confidential Information. Respondent shall be solely responsible for taking whatever action it deems appropriate to legally defend its claim of exemption from disclosure under the Public Records Law.

B. Respondent shall obtain either an agreement with the requestor withdrawing its request, or commence an action in a court of competent jurisdiction requesting an injunction prohibiting its disclosure within seventy-two (72) hours (excluding weekends and state and federal holidays) of Respondent’s receipt of notice of the public records request.

C. By submitting its Proposal, Respondent agrees that no right or remedy for damages against the Department will arise from disclosure by the Department of the alleged Confidential Information following Respondent’s failure to promptly protect its claim of exemption.

D. By submitting a Proposal to this Solicitation, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s assertion that the redacted portions of its Proposal are Confidential Information not subject to disclosure.

3.08. Qualifications. The Respondent must prove to the satisfaction of the Department that they have available under their direct supervision, the necessary organization, experience, equipment and staff to properly…