Public Relations, Advertising, Marketing, and Multimedia Services RFP.pdf

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

Any protest concerning this 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.

The Procurement Officer should be copied on such filings.

The State of Florida

Department of Management Services

Request for Proposals (RFP)

Public Relations, Advertising, Marketing, and Multimedia Services

RFP No: 23-82101800-RFP

Juli Kouba, Procurement Officer 4050 Esplanade Way, Suite 360.6Y

Tallahassee, Florida 32399-0950 850-921-0033

Juli.Kouba@dms.fl.gov

Division of State Purchasing 4050 Esplanade Way, Suite 360

Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary mailto:agencyclerk@dms.fl.gov mailto:Juli.Kouba@dms.fl.gov

TABLE OF CONTENTS

1 INTRODUCTION

1.1 Timeline of Events

1.2 Non-Mandatory Pre-Proposal Conference

1.3 Definitions

1.4 Objective

1.5 Scope of Work

1.6 Term

1.7 Procurement Officer

1.8 Order of Precedence for Solicitation

1.9 Commitment to Diversity

1.10 Department’s Rights to Reject Proposals

2 THE RFP PROCESS

2.1 Question Submission

2.2 Addenda to the RFP

2.3 Public Opening

2.4 Special Accommodations

2.5 Technical Evaluation

2.6 Mandatory Responsive Requirements

2.7 Equal Proposals

2.8 Basis of Award

2.8.1 Technical Proposal - 300 Available Points for a Service Category

2.8.2 Cost Proposal - 100 Available Points for a Service Category

2.9 Electronic Posting of Notice of Intent to Award

2.10 Contract Formation

2.11 Other Requirements Following Award

2.11.1 Registration with the Florida Department of State

2.11.2 Florida Substitute Form W-9

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 Modification or Withdrawal of Proposal

3.5 Cost of Proposal Preparation

3.6 Independent Preparation

3.7 False or Erroneous Information

1 INTRODUCTION

1.1 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 responsibility of the Respondent to check for any changes on the Vendor Information Portal (VIP) and in the Business Network.

Respondents shall not rely on the Business Network time clock. It is not the official submission date and time deadline. In the event of a technical malfunction or discrepancy in VIP or in the Business Network, the Timeline of Events listed in the solicitation document shall prevail. The official solicitation dates and time deadlines are reflected in the Timeline of Events.

Timeline of Events

Event

Time (Eastern Time) Date

Solicitation posted on VIP and in the Business Network April 8, 2024

Non-Mandatory Pre-Proposal Conference Department of Management Services 4050 Esplanade Way Tallahassee, Florida 32399-0950

Conference Room 101

GoToWebinar Link:

https://attendee.gotowebinar.com/register/615561 5186751575127

2:00 PM April 23, 2024

Deadline to submit questions in the Business Network 2:00 PM May 6, 2024

Anticipated date of posting Q&A on VIP and in the Business Network June 10, 2024

Deadline to submit Proposal and all required documents in the Business Network 2:00 PM July 11, 2024

Public meeting:

Proposal Opening (non-mandatory) Department of Management Services 4050 Esplanade Way Tallahassee, Florida 32399-0950

Conference Room 101

Conference Call #: 888-585-9008 Conference Room #: 582-904-411

2:01 PM July 11, 2024 https://attendee.gotowebinar.com/register/6155615186751575127 https://attendee.gotowebinar.com/register/6155615186751575127

Timeline of Events

Event

Time (Eastern Time) Date

Anticipated period for evaluations July 23, 2024 - August 20, 2024

Anticipated date to post Notice of Intent to Award on VIP and in the Business Network September 17, 2024

Anticipated Contract start date October 1, 2024

1.2 Non-Mandatory Pre-Proposal Conference

The Department will conduct a non-mandatory pre-proposal conference in accordance with the date and time listed in the Timeline of Events section. The purpose of the conference is to ensure full understanding of the requirements of the solicitation and attachments. Attendance at this conference is not mandatory but is highly encouraged. To attend the non-mandatory conference, please use the link within the Timeline of Events to register. Respondents are also encouraged to download the GoToWebinar app prior to the meeting to avoid technical difficulties.

1.3 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment G, Special Contract Conditions; and the https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions _to_Respondents.pdf (PUR 1001, General Instructions to Respondents (10/06)) are incorporated by reference. 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.

Advertising Services – Services to promote the Customer and its products or services through various paid channels.

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

Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

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.

Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Contract – The written agreement between the Department and the awarded Respondent(s) resulting from this solicitation.

Contractor – A Vendor that enters a Contract with the Department as a result of this solicitation.

Customer – A State Agency or Eligible User.

Department – The Department of Management Services, a State Agency.

Eligible User – As defined in Rule 60A-1.001, F.A.C.

Marketing Services – Services that encompass a broad range of activities and strategies that create action, instructions, and processes for creating communication, delivering, and exchanging offerings aimed at promoting products, services, or brands to target audiences or target markets with the goal of generating interest and building long-term customer relationships that have value for customers, clients, and partners, and society at large.

Media Buy – Strategic process of selecting placement and purchasing advertising space or airtime in various media channels such as television, magazine, radio, print, online, or social media platforms to reach the target audience or target market.

Multimedia Services – Services that encompass a wide range of applications, including streaming, interactive presentations, and communication tools that integrate different media types such as text, image, audio, animation, and video, for a richer user experience aimed at interacting with the target audience or target market.

Proposal – The document(s) submitted by a Respondent in response to this RFP.

Public Relations Services – Communication management services that make use of publicity and other forms of promotion to educate and influence the feelings, opinions, and beliefs about the Customer, its products or services, or about the value of the product or service or the activities of the Customer to buyers, prospects, or other stakeholders.

Respondent – A Vendor who submits a Proposal.

Service Categories – The four categories of services contemplated within this RFP: Public Relations Services, Advertising Services, Marketing Services, and Multimedia Services.

State – The State of Florida

Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier diversity, and bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

1.4 Objective

The Department is issuing this RFP to establish a State Term Contract for Public Relations, Advertising, Marketing, and Multimedia Services. The Department intends to make multiple, statewide award(s); however, the Department reserves the right to award one or multiple Respondents, statewide or by region, or to make no award, as determined to be in the best interest of the State.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2F&data=05%7C01%7CNicole.Walker%40dms.fl.gov%7Cd38a3a6eff994d8181eb08db23fcb675%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638143340533516786%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=bawWG1kiSF9B%2FuvjOVIaeISbWDXkUETlOGDnzvbL0RI%3D&reserved=0

State of Florida agencies have spent more than $19 million in fiscal year 2022-2023 on these services. Historical spend is provided for informational purposes only and should not be construed as representing actual, guaranteed, or minimum spend under a new contract.

1.5 Scope of Work

Respondent(s) awarded a Contract under this RFP shall provide contractual services as described in the Attachment A, Scope of Work.

1.6 Term

The term is as specified in Attachment E, Draft Contract.

1.7 Procurement Officer

In accordance with section 21 of the PUR 1001: The Procurement Officer is the sole point of contact for this RFP. Violation of section 21 of the PUR 1001 may be grounds for rejecting a Proposal. The contact information for the Procurement Officer is:

Juli Kouba Purchasing Analyst, Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360.6Y Tallahassee, FL 32399-0950 Phone: 850-921-0033 Email: Juli.Kouba@dms.fl.gov

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

SOLICITATION NUMBER IN THE SUBJECT LINE OF THE EMAIL****

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):

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

b) Attachment A, Scope of Work

c) Attachment C, Cost Proposal

d) Attachment D, Technical Proposal Instructions and Evaluation Criteria

e) Attachment F, Additional Special Contract Conditions

f) Attachment G, Special Contract Conditions

g) Attachment E, Draft Contract

h) This RFP document

i) Other RFP attachments

1.9 Commitment to Diversity

The State is committed to supporting its diverse business population through involving woman-, veteran-, and minority-owned business enterprises in the state’s purchasing process. The Department supports diversity in its procurements, and requests that all subcontracting opportunities afforded by this solicitation be shared with certified woman-, veteran-, and minority-owned business enterprises. The award of subcontracts should reflect the vast array of citizens in the State. Respondents can search for certified businesses online at the Office of Supplier Diversity’s Certified Vendor Directory or by contacting 850-487-0915 for information on certified businesses that may be considered for subcontracting mailto:Juli.Kouba@dms.fl.gov opportunities. The Certified Vendor Directory is accessible at:

http://vendor.myfloridamarketplace.com.

The Office of Supplier Diversity’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 Diversity at 850-487-0915 or by email at:

osdinfo@dms.fl.gov.

1.10 Department’s Rights to Reject Proposals

The Department reserves the right to reject all 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.

2 THE RFP PROCESS

2.1 Question Submission

The Department invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted in the Business Network by the time and date reflected in the Timeline of Events section of this RFP. Respondents are strongly encouraged to ask any questions regarding this RFP, including the proposed Contract terms and conditions, prior to the deadline to submit questions. The Department is not obligated to revise the solicitation or attachments based on questions received.

2.2 Addenda to the RFP

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

2.3 Public Opening

Proposals will be physically opened on the date, time and at the location indicated in the Timeline of Events section of this RFP. Respondents are not required to attend. The https://vendor.myfloridamarketplace.com/ mailto:osdinfo@dms.fl.gov

Department will only announce the names of Respondents who submitted a Proposal at the public meeting. In accordance with section 119.071(1)(b), F.S., the Department will not provide other information regarding the Proposals received at the public opening.

2.4 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 Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at 800-955-8771 (TDD).

2.5 Technical Evaluation

The evaluators will independently review and score the Technical Proposal(s) received from responsive and responsible Respondents using the evaluation criteria described in Attachment D, Technical Proposal Instructions and Evaluation Criteria.

2.6 Mandatory Responsive Requirements

The Department will not review Proposals from Respondents who do not meet the mandatory responsive requirements listed in Attachment B.

Note: The Department will perform an initial responsiveness check. Proposals found to be non-responsive will not be 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 Respondent.

2.7 Equal Proposals

In the event that there are no multiple awards contemplated in the RFP, and the Department receives equal Proposals eligible for award, the Department will comply with the following, as applicable: sections 287.057(11), 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 requriements, the Department may request information from Respondents with equal eligible Proposals. A Respondent will not be permitted to amend or suplement its Proposal in response to such request for clarification.

2.8 Basis of Award

Contract(s) will be awarded to the responsive and responsible Respondent(s) that submits the Proposal(s) with the highest total final score(s) per Service Category (i.e. Public Relations Services, Advertising Services, Marketing Services, and Multimedia Services) that is determined to be the most advantageous to the State of Florida. The Department reserves the right to make multiple awards per Service Category to Respondents whose total final score is within 25% of the highest total final score for each Service Category.

The total final scores will be calculated by the Procurement Officer by combining the average of the evaluator Technical Proposal Scores and the calculated Cost Proposal score. If a Respondent submits a Technical Proposal and a Cost Proposal for more than one Service Category, the Technical Proposal and Cost Proposal for each Service Category will be evaluated and scored separately. The Department will consider pricing for initial and renewal terms as submitted by the Respondent. The scoring methodology for the total final score is outlined below:

mailto:ADA.Coordinator@dms.fl.gov

Proposal Available Points

A. Technical Proposal (Attachment D) 300 B. Cost Proposal (Attachment C) 100 Total Available Points (A + B) 400

A Respondent may receive awards for multiple Service Categories in accordance with this RFP.

A single Contract document will be executed for an awarded Respondent, regardless of the number of Categories awarded.

The Department reserves the right to award multiple Contracts, for all or part of the work contemplated by the solicitation. The Department reserves the right to accept or reject any and all offers, and to waive any minor irregularity, technicality, or omission if the Department determines that it is in the best interest of the state to do so. However, the Department reserves the right to make no award in one or all of the Service Categories as determined to be in the best interest of the state.

2.8.1 Technical Proposal - 300 Available Points for a Service Category The Respondent may be awarded up to 300 points for a Service Category based on its submitted Technical Proposal in accordance with the evaluation criteria and instructions outlined in Attachment D, Technical Proposal Instructions and Evaluation Criteria.

2.8.2 Cost Proposal - 100 Available Points for a Service Category The Respondent is required to submit in its Cost Proposal maximum hourly rates for the Initial Term and Renewal Term for the Service Category for which the Respondent is seeking to offer services. The Department will not consider or evaluate a Proposal for any Service Category that fails to provide pricing for both the Initial Term and Renewal Term. The Respondent may be awarded up to 100 points for a Service Category for its submitted Cost Proposal. The Respondent shall receive points based on the following methodology:

Service Category 1: Public Relations Services The Respondent’s Service Category 1 Cost Proposal Score shall be calculated by the Department using the following formula and used for scoring purposes only:

(Initial Term Hourly Rate for Service Category x 0.6) + (Renewal Term Hourly Rate for Service Category x 0.4) = Calculated Hourly Rate for Service Category 1

The Respondent with the lowest Calculated Hourly Rate for Service Category 1 shall receive 100 points. Other Respondents shall receive points based on the following formula:

(X ÷ N) x 100 = Z

Where:

X = Lowest Calculated Hourly Rate for Service Category 1 N = Respondent’s Calculated Hourly Rate for Service Category 1 Z = Points awarded

Service Category 2: Advertising Services The Respondent’s Service Category 2 Cost Proposal Score shall be calculated by the Department using the following formula and used for scoring purposes only:

(Initial Term Hourly Rate for Service Category x 0.6) + (Renewal Term Hourly Rate for Service Category x 0.4) = Calculated Hourly Rate for Service Category 2

The Respondent with the lowest Calculated Hourly Rate for Service Category 2 shall receive 100 points. Other Respondents shall receive points based on the following formula:

(X ÷ N) x 100 = Z

Where:

X = Lowest Calculated Hourly Rate for Service Category 2 N = Respondent’s Calculated Hourly Rate for Service Category 2 Z = Points awarded

Service Category 3: Marketing Services The Respondent’s Service Category 3 Cost Proposal Score shall be calculated by the Department using the following formula and used for scoring purposes only:

(Initial Term Hourly Rate for Service Category x 0.6) + (Renewal Term Hourly Rate for Service Category x 0.4) = Calculated Hourly Rate for Service Category 3

The Respondent with the lowest Calculated Hourly Rate for Service Category 3 shall receive 100 points. Other Respondents shall receive points based on the following formula:

(X ÷ N) x 100 = Z

Where:

X = Lowest Calculated Hourly Rate for Service Category 3 N = Respondent’s Calculated Hourly Rate for Service Category 3 Z = Points awarded

Service Category 4: Multimedia Services The Respondent’s Service Category 4 Cost Proposal Score shall be calculated by the Department using the following formula and used for scoring purposes only:

(Initial Term Hourly Rate for Service Category x 0.6) + (Renewal Term Hourly Rate for Service Category x 0.4) = Calculated Hourly Rate for Service Category 4

The Respondent with the lowest Calculated Hourly Rate for Service Category 4 shall receive 100 points. Other Respondents shall receive points based on the following formula:

(X ÷ N) x 100 = Z

Where:

X = Lowest Calculated Hourly Rate for Service Category 4

N = Respondent’s Calculated Hourly Rate for Service Category 4 Z = Points awarded

2.9 Electronic Posting of Notice of Intent to Award

The Department will electronically post a ‘Notice of Intent to Award’ on VIP and in the Business Network in accordance with the Timeline of Events. The ‘Notice of Intent to Award’ will remain posted for a period of 72 hours, not including Saturdays and Sundays or State holidays, as specified in section 110.117, F.S.

2.10 Contract Formation

The Department may issue a ‘Notice of Intent to Award’ to award Contract(s) to successful Respondent(s). The award does not imply execution of a Contract. 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 any work performed before the Contract is effective.

The Department intends to enter into Contract(s) with Respondent(s) pursuant to the ‘Basis for Award’ section of this solicitation. 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.

2.11 Other Requirements Following Award

2.11.1 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/.

2.11.2 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 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/.

3 RESPONDING TO THE RFP

3.1 General Instructions

The PUR 1001, General Instructions to Respondents (10/06), is incorporated by reference and is accessible at https://www.dms.myflorida.com/content/download/2934/11780/PUR_ 1001_General_Instructions_to_Respondents.pdf.

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated

PUR 1001.

https://dos.myflorida.com/sunbiz/ https://flvendor.myfloridacfo.com/ https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Paragraphs 8 and 13 of the PUR 1001 is inapplicable in its entirety.

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

3. Electronic Submission of Proposals. Proposals shall be submitted in accordance with the How to Access the Sourcing Event in MyFloridaMarketPlace section.

4. Terms and Conditions. All Proposals are subject to the terms of this solicitation, which, in case of conflict, will have the order of precedence listed in the ‘Order of Precedence for Solicitation’ section.

The Department will not accept any unrequested 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.

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

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 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 Respondent, 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)(g), 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:

o 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 o 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 services offered by the Respondent conform to the specifications contained herein without exception.

h. The Respondent has read and understands the terms and conditions listed in the 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 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 Proposal.

k. The Respondent shall indemnify, defend, and hold harmless the Department, Customer, and their employees against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent’s preparation of its 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 and Customers of the true facts relating to submission of the Proposal. A misrepresentation may be punishable under law.

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. The Department intends to make an award within sixty (60) 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 sixty (60) 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 portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name and the Department’s solicitation name and number 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 submitted to the Department in response to a public records request for, or demand for discovery or disclosure of, these records.

20. Protests. Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), F.S., and Rule Chapter 28-110, F.A.C. Any communication not in accordance with these sections or the solicitation, including questions to the Procurement Officer, will not constitute formal notice of a protest.

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.

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 the MFMP Training section 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.

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.

1) 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.

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 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 “Preview” or “Open” status.

A sourcing event can appear in various statuses based on where the solicitation is in the procurement 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

d) Click the sourcing event title to review the details of the event.

e) In the Event Details page, there is a “Checklist” of steps which must be 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 the MFMP Training section 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 VIP, including new registrations, may take up to 48 hours to take effect. DO NOT WAIT UNTIL THE LAST MINUTE TO ACCESS THIS SOLICITATION IN THE

BUSINESS NETWORK.

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/myfloridamarketpl ace/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 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. Note-specific questions regarding this solicitation must be submitted in accordance with the Question Submission section.

3.4 Modification or Withdrawal of Proposal

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

3.5 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.

3.6 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.

3.7 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.

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_university/mfmp_u_for_vendors mailto:VendorHelp@myfloridamarketplace.com

RFP ATTACHMENTS

Attachment A, Scope of Work Attachment B, Mandatory Responsive Requirements Attachment C, Cost Proposal Attachment D, Technical Proposal Instructions and Evaluation Criteria Attachment E, Draft Contract Attachment F, Additional Special Contract Conditions Attachment G, Special Contract Conditions Attachment H, Foreign Country of Concern Attestation (PUR 1355)

Required Documents to be submitted by Respondent prior to RFP opening Completed Attachment B, Mandatory Responsive Requirements Completed Attachment C, Cost Proposal Completed Attachment D, Technical Proposal Completed Attachment H, Foreign Country of Concern Attestation (PUR 1355)

Optional Documents to be submitted by Respondent prior to RFP opening Completed Attachment I, Certification of Drug Free Workplace