PC-720000-RE151.pdf

DMS-24/25-176

Building Automation Systems Services Page 1 of 24

4050 Esplanade Way Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

REQUEST FOR PROPOSALS

FOR

BUILDING AUTOMATION SYSTEMS SERVICES

Refer ALL inquiries to:

Procurement Officer: Pegah Bowman Departmental Purchasing

Florida Department of Management Services 4050 Esplanade Way, Suite 260

Email: DMS.Purchasing@dms.fl.gov

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

Any protest concerning an agency decision or intended decision must be timely filed with the Department of Management Services’ Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at:

Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850- 922-6312, or by email at agencyclerk@dms.fl.gov. It is the filing party's responsibility to meet all filing deadlines.

NOTICE PURSUANT TO SUBSECTION 287.057(25), F.S.

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

mailto:DMS.Purchasing@dms.fl.gov mailto:agencyclerk@dms.fl.gov.

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 Solicitation Overview

1.2 Background Information

1.3 Term

1.4 Definitions

1.5 Timeline of Events

1.6 Special Accommodations

1.7 Procurement Officer

1.8 Order of Precedence for Solicitation

SECTION 2. RFP PROCESS

2.1 Questions and Answers

2.2 Addenda to the Solicitation

2.3 Public Opening

2.4 Mandatory Responsiveness Requirements

2.5 Intent to Award and Contract Formation

2.6 Other Requirements Following Award

2.7 Office of Supplier Development

SECTION 3. RESPONDING TO THE RFP

3.1 General Instructions

3.2 Special Instructions

3.3 How to Access the Sourcing Event in MyFloridaMarketPlace

3.4 Contents of Proposal

3.5 Redacted Submissions

3.6 Price Sheet Instructions

3.7 Subcontracting

3.8 Additional Information

3.9 Modification or Withdrawal of Proposal

3.10 Cost of Proposal Preparation

3.11 Independent Preparation

3.12 False or Erroneous Information

SECTION 4. SELECTION METHODOLOGY

4.1 Evaluation Criteria

4.2 Department’s Rights to Reject Proposals

4.3 Basis of Award

4.4 Equal Responses

SECTION 5. AWARD

5.1 Rights for Award

5.2 Agency Decision

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Attachments:

Attachment A – Scope of Work Attachment B – Draft Contract Attachment C – Facility List Attachment D – Price Sheet Attachment E – Performance Standards and Guarantees Attachment F – Regional Map Attachment G – Evaluation Criteria and Scoring of Proposals Attachment H - PUR 7801, Vendor Certification Form Attachment I - PUR 2024, Use of Coercion for Labor and Services

Forms:

Contact Information Form Notice of No Conflict-of-Interest Non-Collusion Affidavit Statement of No Involvement Subcontracting Form Mandatory Responsiveness Requirements Form

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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SECTION 1. INTRODUCTION

1.1 Solicitation Overview

The State of Florida, Department of Management Services (Department or DMS), Division of Real Estate Development and Management is issuing this Request for Proposals (RFP) to establish a Contract(s) for building automation systems services for Facilities throughout the State including, but not limited to, the Facilities identified in Attachment C – Facility List. The Department will utilize these Services to maintain the functionality of a Tridium Niagara Building Automation System (BAS). The Services encompass various tasks including hardware installation and configuration, programming, scheduled maintenance such as software updates, troubleshooting, and repairs. Troubleshooting activities may address a range of issues including, but not limited to, controller malfunctions, faulty sensors, programming glitches, communication disruptions, integration challenges, security vulnerabilities, user interface inconsistencies, unresolved alarms, and data logging inaccuracies.

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors interested in submitting a Proposal must comply with all solicitation terms and conditions. The Department intends to award to multiple Respondents per Region. However, the Department reserves the right to award to only one Respondent per Region, make a statewide award, or to make no award, as determined to be in the best interest of the State. A single Contract will be executed for all Region(s) awarded to a Vendor in accordance with section 5, Award, of this RFP with no minimum guaranteed purchase of services. A subsequent Purchase Order may be issued for each Facility a Vendor is selected to perform services for. A Contract award does not guarantee a Purchase Order will be issued to the Vendor.

1.2 Background Information

The Department currently has a contract to provide Facility Automated Control Systems (FACS) at Department facilities throughout the State of Florida. The FACS contract will expire on April 14, 2025. The historic annual spend for FACS is approximately $100,000.00. Historical spending is provided for informational purposes only and should not be construed as representing actual, guaranteed, or minimum spend under a new Contract.

1.3 Term

The term of the Contract(s) will be in accordance with section 2, Term, of Attachment B - Draft Contract.

1.4 Definitions

The following definitions apply to this RFP, in addition to the definitions in the PUR 1000 and PUR 1001. Additional definitions may be found in Attachment A – Scope of Work and Attachment B – Draft Contract. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this RFP document. All definitions apply in both their singular and plural sense.

1.4.1 Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 7:00 a.m. to 5:00 p.m., Eastern Time.

1.4.2 Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

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1.4.3 Confidential Information – Information or material which (i) meets the definition of “Trade Secret” in section 812.081(1)(f), Florida Statutes.; or (ii) is otherwise exempt from the disclosure of public records required by Article I, Section 24, Florida Constitution (exemptions may be found in Chapter 119, F.S., other Florida laws, and preempting Federal laws or regulations).

1.4.4 Contract – The written agreement between the Department and the awarded

Respondent(s) resulting from this solicitation.

1.4.5 Contractor – The awarded Vendor that enters into a Contract as a result of this solicitation.

1.4.6 Department – The Florida Department of Management Services or its designee.

1.4.7 Facility – The location of buildings managed by the Department of Management

Services as provided in Attachment C – Facility List, and any additional locations added in accordance with section 17, Additions and Deletions, of Attachment A – Scope of Work.

1.4.8 Region – A geographic area within the State as represented in Attachment F – Regional Map.

1.4.9 Request for Proposals (RFP) – Reference to RFP number DMS-24/25-176 for Building

Automation Systems Services, including all attachments and addenda.

1.4.10 MyFloridaMarketPlace (MFMP) – The State’s eProcurement system, MyFloridaMarketPlace, is accessible at:

MyFloridaMarketPlace / State Purchasing / Business Operations - Florida Department of Management Services

1.4.11 Proposal – The document(s) submitted by a Respondent in response to this RFP. The term Proposal is used interchangeably with response.

1.4.12 Respondent – A Vendor who submits a Proposal in response to this solicitation.

1.4.13 Services – The services to be performed by the Contractor in accordance with Attachment A, Scope of Work, pursuant to a Contract, if any, resulting from this solicitation.

1.4.14 State – The State of Florida.

1.4.15 Vendor(s) – An entity that is capable and in the business of providing a commodity or service similar to those listed within this solicitation.

1.4.16 Vendor Information Portal (VIP) – The State’s bidding system developed in accordance with section 287.042(3)(b)2., F.S. VIP is accessible at:

MyFloridaMarketPlace Vendor Information Portal

1.5 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check for any changes on the Vendor Information Portal (VIP). Respondents are responsible for https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://vendor.myfloridamarketplace.com/

Building Automation Systems Services Page 6 of 24 submitting all required documentation by the dates and times specified below. (All times indicated are Eastern Time).

Event Time (Eastern Time) Date

Solicitation posted on VIP and in the Business Network - Monday, February 10, 2025 Deadline for Respondents to submit questions to Procurement Officer 8:00 a.m. Wednesday, February 19, 2025 Department’s anticipated posting of answers to Respondent questions, if any, on VIP and in the Business Network

Tuesday, February 25, 2025

Deadline to submit Proposal and all required documents in the Business Network 1:30 p.m. Tuesday, March 18, 2025 Public Opening:

Conference Room 101 4050 Esplanade Way, Tallahassee, Florida 32399-0950

2:00 p.m. Tuesday, March 18, 2025

Evaluation Period

Wednesday, March 19, 2025 –

Wednesday, April 2, 2025

Anticipated date to post Notice of Intent to Award on VIP and in the Business Network Tuesday

April 8, 2025

Anticipated Contract start date Tuesday, April 15, 2025

1.6 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 or ADA.Coordinator@dms.fl.gov at least five (5) Business Days prior to the scheduled event. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD).

1.7 Procurement Officer

In accordance with section 21 of the PUR 1001:

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_ to_Respondents.pdf, the Procurement Officer is the sole point of contact for this RFP. Violation of this restriction may be grounds for rejecting a Proposal.

The contact information for the Procurement Officer is:

Pegah Bowman Florida Department of Management Services 4050 Esplanade Way, Suite 260

Email: DMS.Purchasing@dms.fl.gov mailto:ADA.Coordinator@dms.fl.gov http://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_ mailto:DMS.Purchasing@dms.fl.gov

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

IN THE SUBJECT LINE OF THE EMAIL. ***

If a Respondent claims that any portion of an email is trade secret under Section 812.081, F.S., or otherwise confidential under Florida or Federal Law, the Respondent must place the word “Confidential” in the subject line.

1.8 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this RFP, the conflict will be resolved in the following order of priority (highest to lowest):

1.8.1 Addenda to RFP, if issued (in reverse order of issuance);

1.8.2 Attachment A – Scope of Work

1.8.3 Attachment D – Price Sheet

1.8.4 Attachment G – Evaluation Criteria

1.8.5 Attachment B – Draft Contract

1.8.6 Attachment E – Performance Standards and Guarantees

1.8.7 This RFP document

1.8.8 Other RFP Attachments

SECTION 2. RFP PROCESS

2.1 Questions and Answers

Respondents will submit all questions regarding this solicitation to the Procurement Officer via email during the Questions & Answers period. The deadline for receipt of questions is reflected in section 1.5, Timeline of Events.

The Department requests that all questions have the RFP number in the subject line of the email.

Questions should be submitted in the following format:

Question # Vendor Name RFP Section RFP Page # Question

Questions will not constitute a formal protest of the specifications of this RFP. Responses to all written inquiries, as well as all clarifications or addenda, if any, will be made through a posting on

VIP.

2.2 Addenda to the Solicitation

The Department reserves the right to modify this RFP by an addendum posted on VIP. Addenda may modify any aspect of this solicitation. It is the Respondent’s responsibility to check the VIP for any changes throughout the procurement process and prior to submitting a Proposal.

2.3 Public Opening

Proposals will be opened, and the names of Respondents will be announced at a public meeting on the date and at the location indicated in subsection 1.5, Timeline of Events, of this solicitation.

Respondents are not required to attend. The Department does not announce prices or release other materials at this public meeting, in accordance with section 119.071(1)(b), F.S.

2.4 Mandatory Responsiveness Requirements

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The Department will not review Proposals from Respondents who do not meet the Mandatory Responsiveness Requirements listed in the Mandatory Responsiveness Requirements Form.

Note: The Department will perform an initial responsiveness check. Proposals found to be non-responsive will not be evaluated nor considered for award. The Department reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Proposal or Respondent. The Department reserves the right to reject any and all Proposals and re-solicit if in the best interest of the Department.

2.5 Intent to Award and Contract Formation

The Department may issue a Notice of Intent to Award to award the Contract(s) to the successful Respondent(s). However, no contract shall be formed between a Respondent and the Department until both parties sign the Contract. The Department shall not be liable for payment for any work performed before the Contract is effective.

The Department intends to enter into the Contract(s) with a Respondent(s) pursuant to subsection 4.3, Basis of Award, of this RFP. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the Basis for Award.

The Contract will consist of Attachment A – Scope of Work, Attachment C – Facility List, Attachment D – Price Sheet, Attachment E – Performance Standards and Guarantees, the PUR 1000 and Attachment H, PUR 7801, and Attachment F – Regional Map. No additional documents submitted by a Respondent will be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department.

The General Contract Conditions (PUR 1000, 2024 version) are also incorporated into the Contract by reference and can be accessed at:

https://www.dms.myflorida.com/content/download/1906/file/PUR%201000%20General%20Contr act%20Conditions.doc

By submitting a Proposal, the Respondent acknowledges its understanding and acceptance of all terms and conditions of the documents identified above that will form the Contract.

2.6 Other Requirements Following Award

2.6.1 Registration with the Florida Department of State

If awarded a Contract, and prior to execution of a Contract, the Respondent shall provide a PDF file of its current and active registration with the Florida Department of State or, if exempt from registration, the Respondent shall provide a statement to that effect noting the basis for the exemption. Respondents should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes from the Florida Department of State, Division of Corporations, to transact business in the State of Florida.

For additional information, please visit https://dos.myflorida.com/sunbiz/.

2.6.2 Florida Substitute Form W-9

It is the responsibility of the awarded Respondent to complete a Florida Substitute Form W- 9 prior to execution of a Contract. The Internal Revenue Service receives and validates the https://www.dms.myflorida.com/content/download/1906/file/PUR%201000%20General%20Contract%20Conditions.doc https://www.dms.myflorida.com/content/download/1906/file/PUR%201000%20General%20Contract%20Conditions.doc https://dos.myflorida.com/sunbiz/

Building Automation Systems Services Page 9 of 24 information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit https://flvendor.myfloridacfo.com/.

2.6.3 PUR 7801 Vendor Certification Form

It is the responsibility of the awarded Respondent to provide a completed Attachment H - PUR 7801 Vendor Certification Form prior to Contract execution and annually thereafter throughout the term of the Contract. A completed Attachment H - PUR 7801 Vendor Certification Form includes any required forms referenced therein.

2.7 Office of Supplier Development

The State of Florida supports its business community by creating opportunities for business enterprises to participate in procurements and contracts. The Department encourages supplier development through certain certifications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDhelp@dms.fl.gov.

The Office of Supplier Development’s Mentor-Protégé Program connects certified businesses with private business entities for business development mentoring. The Department strongly encourages Vendors doing business with the State to consider becoming a Mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Development at 850-487-0915 or by email at:

OSDhelp@dms.fl.gov.

SECTION 3. RESPONDING TO THE RFP

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (10/06), is incorporated by reference and can be accessed at: https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions% 20to%20Respondents.pdf

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated PUR 1001.

Paragraph 13 of the PUR 1001 is inapplicable in its entirety and is hereby deleted.

Paragraphs 3, 4, 5, 7, 8, 9, 14, 15, 19, and 20 of the PUR 1001 are deleted and are replaced as follows:

3. Electronic Submission of Proposals.

Proposals shall be submitted in accordance with Section 3 of this RFP, Responding to the

RFP.

4. Terms and Conditions.

All Proposals are subject to the terms of this RFP, which, in case of conflict, shall have the order of precedence listed in subsection 1.8 of this RFP, Order of Precedence for Solicitation.

The Department shall not accept any unrequested terms or conditions submitted by a https://flvendor.myfloridacfo.com/ mailto:OSDhelp@dms.fl.gov https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf

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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.

5. Questions.

Questions shall be submitted in accordance with subsection 2.1 of this RFP, Questions and Answers.

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

a. Convicted Vendor List.

Pursuant to section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for Category two for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the Antitrust Violator Vendor List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

9. Respondent’s Representation and Authorization. In submitting a Proposal, the

Respondent certifies that it understands, represents, and acknowledges the following:

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

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

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

d. The prices and amounts have been arrived at independently and without

Building Automation Systems Services Page 11 of 24 consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation opening.

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

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

1. Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

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

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

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

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

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

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

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

m. By submitting its Proposal, the Respondent agrees to waive any objections to requirements contained in the solicitation, including any addenda thereto.

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

14. Firm Response.

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The Department may make an award within 120 days after the date of the opening, during which period Proposals shall remain firm and shall not be withdrawn. If an award is not made within 120 days, the Proposal shall remain firm until the Department enters into a Contract or the Department receives from the Respondent written notice that the Proposal is withdrawn.

15. Clarifying Information.

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

19. Public Records.

Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Proposals are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Proposal to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Proposal. For each redacted portion, the Respondent is to briefly describe in writing the grounds for claiming an exemption from disclosure, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name, the name and number of this solicitation, and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

In accordance with section 119.0701, F.S., Proposals are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the Proposals, whichever is earlier.

After that time, the Department will provide the redacted copy, if any, in response to a public records request.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are responsive, the Department will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made. It is the Respondent’s responsibility to take the appropriate legal action to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Department will give the Respondent notice of the demand or request. It will be the Respondent’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information, the Department will provide the unredacted materials to the requester.

By submitting a Proposal, the Respondent agrees to protect, defend, and indemnify the Department for all claims arising from or relating to the Respondent’s determination that the redacted portions of its Proposal are Confidential Information. If a Respondent fails to submit a redacted copy in accordance with this section, of information it claims is Confidential Information, the Department is authorized to produce the entire material

Building Automation Systems Services Page 13 of 24 submitted to the Department in response to a public records request for, or demand for discovery or disclosure of, these records.

20. Protests

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any protest must be timely filed with the Department of Management Services’ Agency Clerk listed at: http://www.dms.myflorida.com/agency_administration/general_counsel

3.3 How to Access the Sourcing Event in MyFloridaMarketPlace

3.3.1 VIP and Business Network Registration Requirements

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit questions and respond to this solicitation event.

3.3.1.1 To Participate in this solicitation, a Vendor must:

a. Create an account through VIP at https://vendor.myfloridamarketplace.com, if not already registered. For information on how to register in VIP, access MFMP training materials using the link in subsection 3.4.2, MFMP Training, below.

b. Once registered in VIP and logged into your company’s VIP account, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate.”

c. The Vendor’s solicitation contact, as listed in Vendor’s VIP account, will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

3.3.1.2 If a Vendor is NOT registered in the Business Network, the Vendor must:

a. Register in the Business Network using the provided link received after selecting “Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

b. The Vendor’s contact will receive an email from the Business Network confirming the registration of the Vendor’s account. To activate the Vendor’s account, select the “Click here to activate your Ariba account” link. This will direct the Vendor to the Business Network welcome page.

3.3.1.3 If a Vendor is registered in the Business Network and has selected it Intends to

Participate in this solicitation:

a. Login using the login credentials to gain access to the Business Network home http://www.dms.myflorida.com/agency_administration/general_counsel

Building Automation Systems Services Page 14 of 24 page.

b. To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing (solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

c. Review the “Events” list for the title of this solicitation’s sourcing event.

1) The sourcing event will either be displayed in the “Open” or “Preview” status.

2) A sourcing event can appear in various statuses based on where the solicitation is in the solicitation process. The possible statuses are defined below:

• Preview – The sourcing event has not yet been opened to receive responses, but the details of the solicitation can be viewed by registered Vendors.

• Open – The sourcing event is currently open for viewing and registered Vendors may respond to the solicitation.

• Pending Selection – The sourcing event is no longer receiving submissions for the solicitation, but an agency decision has not yet been posted on VIP.

• Completed - The sourcing event is no longer receiving submissions for the solicitation and an agency decision has been posted on VIP.

a. Click the sourcing event title to review the details of the event.

b. In the Event Details page, there is a “Checklist” of steps which must completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

For more information on reviewing and submitting a response, access MFMP training materials using the link in Section 3.3.2, MFMP Training, below.

ALL VENDORS MUST SELECT ‘INTENDS TO PARTICIPATE’ IN VIP AND SUBMIT

THEIR RESPONSE AND ALL REQUIRED DOCUMENTS IN THE BUSINESS NETWORK

BY THE TIME AND DATE LISTED IN THE TIMELINE OF EVENTS IN ORDER TO

PARTICIPATE IN THIS SOLICITATION.

NOTE: Changes made in MFMP, including new registrations, may take up to 48 hours to take effect.

3.3.2 MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website. Please visit:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplac e/mfmp_university/mfmp_u_for_vendors to access the MFMP Vendor Guide for information on VIP registration, Commodity Codes, and responding to solicitations in the Business http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplac http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors

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Network.

3.3.3 MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at (866) 352-3776 or VendorHelp@myfloridamarketplace.com. The MFMP Customer Service Desk cannot answer questions about the RFP content. All solicitation questions must be submitted in accordance with Section 2.1, Questions and Answers.

3.4 Contents of Proposal

Respondents shall submit all items in each tab below or the Respondent may be deemed non-responsive. The Respondent’s Proposal may not contain any conditions or exceptions to any aspect of the solicitation and any such conditions or exceptions will not be considered in evaluating the Respondent’s Proposal. The only recognized changes to this RFP prior to the opening of Proposals will be via written addenda issued by the Department.

Each form and attachment shall be included as a standalone document in the applicable Tab stated below. Respondents shall submit provided documents in the file format they are received and shall not alter any portion of the documents except as necessary to provide the requested information.

The following sections of the Proposal shall be submitted in accordance with Section 3.4, How to Submit a Proposal, of this RFP:

Tab 1 A cover letter with the following information:

• Company name and physical address

• Contact information for primary point of contact, including telephone number and email address

• Federal Employer Identification Number (FEIN)

Tab 2 Completed Attachments and Forms:

• Contact Information Form

• Notice of No Conflict of Interest

• Non-Collusion Affidavit

• Statement of No Involvement

• Subcontracting Form

• Mandatory Responsiveness Requirements Form

• Attachment I – PUR 2024, Use of Coercion for Labor and Services

Tab 3 Technical Response

• Respondent’s technical response comprising the information sought in category 1 of Attachment G – Evaluation Criteria and Scoring of Proposals. Respondent shall identify in their Technical Response which Region(s) the Respondent is submitting a Proposal for and shall, in detailing its “Project Team”, clearly identify the “Project Team” per each Region that Respondent is submitting a Proposal for.

Tab 4 Financial Response

• Attachment D – Price Sheet, completed in accordance with the instructions provided on the instructions tab on the attachment.

Tab 5 Confidential Information (Optional):

Should any portion of the Respondent’s Proposal contain confidential information, Respondent shall submit one (1) copy of the entire Proposal with confidential information mailto:VendorHelp@myfloridamarketplace.com

Building Automation Systems Services Page 16 of 24 redacted. Respondents will not be penalized for failing to submit a redacted copy. However, the Department intends to respond to public records requests with redacted copies in accordance with Section 3.2.

3.5 Redacted Submissions

This section 3.4, Redacted Submission, supplements Section 19 of the PUR 1001 as modified in Section 3.2, Special Instructions, above. All materials submitted as part of this RFP will be a public record subject to the provisions of Chapter 119, F.S. A time-limited exemption from public inspection is provided for the contents of responses pursuant to subsection 119.071(1)(b), F.S.

Selection or rejection of a response does not affect the public record status of the materials.

3.6 Price Sheet Instructions

Attachment D – Price Sheet shall be completed in accordance with the instructions provided on the instructions tab on the attachment.

3.7 Subcontracting

Respondents shall submit the Subcontracting Form provided with this RFP to list any intended subcontractors they intend to utilize to perform the services under any resultant Contract. The Respondent acknowledges that, if awarded a Contract under this RFP, it will submit a new Subcontracting Form to the Department’s Contract Manager for approval if proposing an alternative subcontractor than originally submitted with its Proposal.

3.8 Additional Information

By submitting a Proposal, the Respondent certifies that it agrees to and satisfies all criteria specified in this solicitation. The Department may request, and the Respondent shall provide, supporting information or documentation. Failure to supply supporting information or documentation as required and requested may result in the Proposal being deemed non-responsive.

No conditions may be applied to any aspect of the RFP by the Respondent. Any conditions placed on any aspect of a Proposal by the Respondent may result in the Proposal being rejected as a nonresponsive conditional proposal. DO NOT WRITE IN CHANGES ON ANY RFP SHEET. The only recognized changes to the RFP prior to proposal opening will be a written Addenda issued by the Department.

3.9 Modification or Withdrawal of Proposal

Respondents are responsible for the content and accuracy of their Proposal. A Respondent may modify or withdraw its Proposal in the Business Network at any time prior to the Proposal due date and time set forth in subsection 1.5, Timeline of Events, of this RFP.

3.10 Cost of Proposal Preparation

The costs related to the development and submission of a Proposal are the full responsibility of the Respondent and are not chargeable to the Department.

3.11 Independent Preparation

A Respondent shall not, directly, or indirectly, collude, consult, communicate, or agree with any other Respondent as to any matter related to the Proposal each is submitting. Additionally, a Respondent shall not induce any other Respondent to modify, withdraw, submit, or not submit a Proposal.

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3.12 False or Erroneous Information

A Respondent who submits false or erroneous information may be deemed non-responsible, non-responsive or not awarded a Contract. If the Respondent’s Proposal is found to contain false or erroneous information after Contract award, the Contract may be terminated, and the Department may pursue any other legal action available.

SECTION 4. SELECTION METHODOLOGY

4.1 Evaluation Criteria

Proposals will be evaluated using the evaluation criteria in Attachment G – Evaluation Criteria and Scoring of Proposals.

Evaluators will independently review and score the Technical Proposal(s) received from responsive and responsible Respondents using the evaluation criteria described in Attachment G

– Evaluation Criteria and Scoring of Proposals.

The Procurement Officer shall review and score Financial Responses received from responsive and responsible Respondents using the evaluation criteria described in Attachment G – Evaluation Criteria and Scoring of Proposals.

4.2 Department’s Rights to Reject Proposals

The Department may reject any Proposal not submitted in the manner specified by this solicitation.

Proposals that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Proposals, references, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as not responsible. The Department reserves the right to determine which Proposals meet the requirements of this solicitation and which Respondents are responsive and responsible. The Department is placing vendors on notice of the prohibitions against considering social, political, or ideological interests in government contracting contained in section 287.05701, F.S.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Department still reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Respondent over another or has a potentially significant effect on the quality of the Proposal or on the cost to the State.

4.3 Basis of Award

A Contract(s) for a Region will be awarded to the responsible and responsive Respondent(s) with the highest final combined score that is determined to be the most advantageous to the State of Florida. The final combined score is the total of the scores per Region for the Technical Response and Financial Response as detailed in Attachment G – Evaluation Criteria and Scoring of Proposals. If the Department determines services in a Region will support the need for two Contractors, the Department may award a Contract for a Region to both the Respondent with the

Building Automation Systems Services Page 18 of 24 highest final combined score and the Respondent with the next highest final combined score.

There is no minimum guarantee of work.

4.4 Equal Responses

In the event that multiple awards are not contemplated in the RFP, and the Department receives equal Responses eligible for award, the Department will comply with the following, as applicable:

sections 287.057(12), 287.082, 287.087, 287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Respondents’ status with regard to the applicable statutory preference requirements, the Department may request information from Respondents with equal eligible Responses. A Respondent will not be permitted to amend or supplement its Response during such request for clarification.

SECTION 5. AWARD

5.1 Rights for Award

The Department reserves the right to:

• Select one (1) Respondent for the services encompassed by this RFP for all Regions.

• Select one (1) Respondent for the services encompassed by this RFP for each Region.

• Select multiple Respondents for the services encompassed by this RFP in a combination of

Regions.

• Award the Contract to the Respondent with the next highest final combined score if the

Department is unable to execute a contract with the initially or previously awarded Respondent.

• Reject some or all Proposals and determine whether to reissue a competitive solicitation.

• Withdraw or cancel the procurement and make no award.

5.2 Agency Decision

The Department will post a Notice of Intent to Award to enter into one or more contracts with the Respondent(s) identified therein on the VIP website at the following link:

https://vendor.myfloridamarketplace.com/.

If the Department decides to reject all Proposals, it will post its notice on the VIP website.

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CONTACT INFORMATION FORM

For solicitation purposes, the Respondent’s contact person shall be:

For contractual purposes, should the Respondent be awarded, the contact person shall be (if this column is blank, then the contact person for solicitation purposes shall be the contact person for contractual purposes):

Name

Title

Company Name

Address

Telephone

Fax

E-mail

FEIN #

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NOTICE OF NO CONFLICT OF INTEREST

Company Name

For the purpose of participating in the solicitation process and complying with the provisions of Chapter 112, F.S., the company states the following conflicts of interest exist as noted below (if none, write N/A in the applicable section(s) below):

The persons listed below are corporate officers, directors, or agents and are currently employees of the State of Florida or one of its agencies:

The persons listed below are current State of Florida employees who own an interest of five percent (5%) or more in the company named above:

Name of Respondent Signature of Authorized Representative

Print Name Date

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NON-COLLUSION AFFIDAVIT

STATE OF

COUNTY OF

I state that I of , (Name and Title) (Name of Respondent) am authorized to make this affidavit on behalf of Respondent and its owner, directors, and officers. I am the person responsible for Respondent for the price(s) and amount(s) of this Bid, and the preparation of the Bid. I state that:

1. The price(s) and amount(s) of this Bid have been arrived at independently and without consultation, communication or agreement with any other Contractor, potential Contractor, Respondent, or potential Respondent.

2. Neither the price(s) nor the amount(s) of this Bid, and neither the approximate price(s) nor approximate amount(s) of this Bid, have been disclosed to any other firm, organization, or person who is a Contractor, potential Contractor, Respondent, or potential Respondent, and will not be disclosed before Bid opening.

3. No attempt has been made nor will be made to induce any organization or persons to refrain from submitting a Bid for this Contract, or to submit a price(s) higher that the prices in this Bid, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Bid.

4. The Bid of my firm 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 Bid.

5. (Name of Respondent), its affiliates, subsidiaries, officers, director, and employees are not currently under investigation, by any governmental agency and have not in the last three (3) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion…