Q & A and Addendum 2 for RFP FGCC-23.24-01.pdf

4070 Esplanade Way Suite 250

Tallahassee, FL 32399-7033

INDEPENDENT TESTING LAB SERVICES

RFP NO. FGCC-23/24-01

THE STATE OF FLORIDA

FLORIDA GAMING CONTROL COMMISSION

Questions and Answers and

Addendum No. 2

Questions and Answers

The Commission has received the following questions, and the Commission’s answers are provided in the table listed below:

No. Question Answer

1 Would using resources from an affiliate company (subsidiaries of the same parent company) be considered subcontracting? The proposed resources are full-time employees that commonly work together on similar projects.

One legal entity and point of contact would be designated as the lead and take overall responsibility for the contract.

Please refer to Addendum 2, incorporated into the RFP document and made a part thereof, for the revised section 3.9, Subcontracting of the RFP document, and section II. C.

Subcontractors of the Scope of Work.

2 Will the awarded company’s participation preclude it from bidding on and performing other testing or consulting services in the future?

No. However, please refer to Addendum 2, incorporated into the RFP document and made a part thereof, for the requirements set forth in the newly added Section 6.11 of Attachment E and Attachment H, Conflict of Interest Certification.

3 If a conflict of interest or liability concern is foreseen in performing a specific forensic evaluation or providing certain expert testimony support, would it be acceptable to decline that specific opportunity?

Please refer to Addendum 2, incorporated into the RFP document and made a part thereof, for the requirements set forth in the newly created Section 6.11 of Attachment E and Attachment H, Conflict of Interest Certification.

Addendum No. 2

The Commission hereby amends RFP No. FGCC-23/24-01 (the “RFP Document”) as noted within this Addendum. For revisions, underlines represent additions and strikethroughs represent deletions. In the event of a conflict between previously posted information and the information contained herein, the information herein shall control. The information included in this addendum is hereby made part of this solicitation.

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. Any protest concerning this agency decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or U.S. mail at Florida Gaming Control Commission, Office of the General Counsel, Attention: Agency Clerk, 4070 Esplanade Way, Suite 250, Tallahassee, FL 32399. Protests may also be filed by email at Clerk@flgaming.gov. It is the filing party’s responsibility to meet all filing deadlines.

The Procurement Officer should be copied in such filings.

Please note: This addendum does not need to be returned with the proposal.

1. Section 1.1 Solicitation Overview, paragraph 2, RFP Document, is hereby amended as follows:

This solicitation will be administered through the MFMP Vendor Information Portal (VIP). Vendors interested in submitting a Proposal must comply with all solicitation terms and conditions.

2. Section 1.1 Solicitation Overview, paragraph 3, RFP Document, is hereby amended as

FGCC intends to award one or more Contract(s). The Contract will have an anticipated annual spend of is$150,000 per year, though, there is no minimum guaranteed spend. The FGCC will issue a subsequent Contract/Purchase Order (“PO”) with a specific Scope of Work to one or more Contractor(s) who will be selected to perform services.

3. Section 1.2 Term, RFP Document, is hereby amended as follows:

The term of the Contract(s) is upon PO issuance through November 30, 2025. In accordance with section 287.058 (1) (g), this PO(s) may be renewed for a period that may not exceed 3 years or the term of the original PO, whichever is longer. Renewals must be in writing and is subject to the same terms and conditions set forth in the initial PO(s) and any written modifications signed by the parties. Renewals are contingent upon satisfactory performance evaluations by the FGCC and subject to the availability of appropriated funds.

4. Section 2.1 General Description of RFP Procedure, paragraph 2, RFP Document, is hereby amended as follows:

The FGCC will evaluate Proposals in accordance with Section 4.2, Evaluations. During this phase, the FGCC’s evaluators will independently evaluate the Technical Proposals from all Responsive Proposals and the Procurement Officer will review the Financial Proposals from all Responsive Proposals in accordance with Attachment D – Evaluation Criteria and Scoring of mailto:Clerk@flgaming.gov

Proposals. The final scores for the Respondents will be calculated in accordance with Attachment D – Evaluation Criteria and Scoring of Proposals. One or more Contract(s) will be awarded to the responsive and responsible Vendor(s) whose Proposal(s) is deemed most advantageous to the State, taking into consideration the price and other criteria set forth in the Request for Proposals.

5. Section 2.2 Questions and Answers, second paragraph, RFP Document, is hereby amended as follows:

Questions and answers will not constitute a basis for formal protest of the specifications of the solicitation. The FGCC’s answers to written questions will be posted in MFMP the VIP. The FGCC will not be bound by, and Respondents shall not rely on, any representations outside of this Question-and-Answer process.

6. Section 2.4.1 Proposal Deadline, RFP Document, is hereby amended as follows:

The Respondent is responsible for ensuring their Proposal is successfully submitted in MFMP to the Procurement Officer no later than the date and time provided in Section 1.6, Timeline of Events (or as revised by addenda).

7. Section 2.4.4 Contract Formation, first paragraph, RFP Document, is hereby amended as

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

8. Section 2.4.4 Contract Formation, second paragraph, RFP Document, is hereby amended as follows:

FGCC intends to enter a Contract(s) with one or more Respondent(s) pursuant to section 4.3.1, Basis for 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 FGCC. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the Basis for Award.

9. Section 2.4.4 Contract Formation, third paragraph, RFP Document, is hereby amended as

The Contract will consist of Attachment A – Draft Contract, Attachment B – Scope of Work, the pricing submitted by the awarded Respondent on Attachment C – Price Sheet, Attachment E – Special Contract Conditions, Attachment F, Additional Special Contract Conditions, Attachment G – Affidavit – Notice of Trade Secret, and the Contractor’s Technical Proposal submitted in response to Solicitation No: FGCC-23/24-01.

10. Section 2.4.5 Modification or Withdrawal of Proposal, RFP Document, is deleted in its entirety:

Respondents are responsible for the content and accuracy of their Proposals. A Respondent may modify or withdraw its Proposal in MFMP at any time prior to the Proposal due date and time set forth in section 1.6, Timeline of Events, of this RFP.

11. Section 3.9 Subcontracting, RFP Document, is hereby amended as follows:

The Respondent shall not utilize is authorized to use subcontractors to perform services under the Contract.

12. Section 4.3.1 Basis of Award, RFP Document, is hereby amended as follows:

FGCC intends to award one Contract The Contract(s) will be awarded to the Responsive and Responsible Respondents(s) that submits the a Proposal(s) with the highest total final score(s) that are determined to be the most advantageous to the State of Florida.

The Commission reserves the right to award multiple Contracts or to award Contract(s) for all or part of the work contemplated by this solicitation. The Commission reserves the right to issue up to a total of 3 awards to Respondents whose total final score is within 50% of the highest total final score.

13. Section 5.1 Rights for Award, first bullet, RFP Document, is hereby amended as follows:

• Award a contract to one or more Respondent(s) for all, or part of, the services encompassed by this solicitation.

14. Section 5.2 Agency Decision, first paragraph, RFP Document, is hereby amended as

If the FGCC awards a contract(s) as a result of this solicitation, it will post a Notice of Intent to Award with the Respondent(s) identified therein, on the VIP website:

https://vendor.myfloridamarketplace.com.

15. Section II. C. Subcontractors, Scope of Work, Attachment B, is hereby amended as follows:

The Contractor is authorized to utilize subcontractors to perform shall not subcontract for any of the work under this cContract.

16. Section 6.11, Conflicts of Interest, is hereby added to Attachment E, Special Contract Conditions, as follows:

a) The Contractor and its employees, affiliates, and subcontractors shall not take any action or fail to take any action if such action or omission gives rise to an actual or potential conflict of interest or to the appearance of a conflict of interest related to the performance of services under this Contract (for purposes of this paragraph, such actual or potential conflict of interest or the appearance thereof is referred to collectively and individually as a “Conflict of Interest”).

https://vendor.myfloridamarketplace.com/

b) In the event that the Contractor discovers a Conflict of Interest during the term of this

Contract, then the Contractor shall make a full disclosure in writing to the Contract Manager within three (3) business days of discovery. This disclosure shall include a description of the actions that the Contractor has taken or proposes to take (or has caused or will cause its employees, affiliates, and subcontractors to take) to avoid, mitigate, or neutralize the Conflict of Interest.

c) If an actual or potential conflict or apparent conflict of interest is disclosed by the Contractor and/or discovered by the Commission during the term of this Contract, the Commission, in its sole discretion, may take action to eliminate or address the Conflict of Interest, including but not limited to, mitigating or neutralizing the Conflict of Interest by restricting or modifying the work to be performed by the Contractor under this Contract to avoid or reduce the Conflict of Interest, or terminating the Contract in whole or in part in accordance with Section 2.3 of Attachment E. The Commission may acquire services from other sources to replace services and work restricted or modified under this Contract due to a Conflict of Interest.

17. Attachment H, Conflict of Interest Certification, is hereby added to the RFP Document.

Attachment H

REQUEST FOR PROPOSALS

FOR INDEPENDENT TESTING LAB SERVICES

RFP NO. FGCC-23/24-01

THE STATE OF FLORIDA

FLORIDA GAMING CONTROL COMMISSION

CONFLICT OF INTEREST CERTIFICATION

FOR CONSULTANTS/CONTRACTORS/TECHNICAL ADVISORS

I certify that I have no present conflict of interest, that I have no knowledge of any actual or potential conflict of interest that my company may have, and that if I have an actual or potential conflict of interest based on work or services that I perform for a third party, then I will provide written notice to my company and to the Procurement Officer identified in the Contract within three

(3) business days and take appropriate action to mitigate, eliminate, or address the conflict of interest, including recusing myself from for performing work or services for the third party or, at the direction of the Florida Gaming Control Commission (“FGCC”), from performing work or services under this Contract.

Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for FGCC and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence the Contractor’s pending or future decision or to reward a Contractor’s past decision.

Contractors performing work for FGCC should avoid any conduct (whether in the context of business, financial, or social relationships) that might undermine the public trust, regardless of whether such conduct is unethical or lends itself to the appearance of ethical impropriety.

Each undersigned individual agrees to the terms of this Conflict of Interest Certification.

Signature: __________________________________ Date: _________________

Printer/Typed: _______________________________ Title: _________________

If additional names need to be included, please make additional copies of this attachment, and include with your proposal response.