RFP 24.25.67.pdf

RFP 24/25-67

FLORIDA DEPARTMENT OF REVENUE

REQUEST FOR PROPOSAL

RFP CONTRACTUAL SERVICES – Acknowledgement Form

Page 1 of 112 pages

SUBMIT PROPOSAL TO:

Florida Dept. of Revenue Purchasing Office, Building 2-1600 2450 Shumard Oak Boulevard Tallahassee, FL 32399-0109

AGENCY RELEASE DATE:

04.07.2025

SOLICITATION TITLE: SOLICITATION NO:

Pre-Employment Skills Testing DOR RFP #24/25-67

Replies WILL BE OPENED:

05.16.2025 And shall remain binding until execution of a Contract with successful Vendor

VENDOR NAME:

If a fictitious name is used include registered entity name (i.e. XYZ., Inc. D/B/A ABC)

VENDOR MAILING ADDRESS:

CITY – STATE – ZIP:

*AUTHORIZED SIGNATURE (MANUAL)

PHONE

NUMBER:

T. FREE

FAX NUMBER: *AUTHORIZED SIGNATURE (TYPED), TITLE

EMAIL

ADDRESS:

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

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

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

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

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

Contents Section 1: DEFINITIONS

Section 2: INTRODUCTION

2.1 PROCUREMENT OFFICER

2.2 PURPOSE OF REQUEST FOR PROPOSAL

2.3 BACKGROUND

2.4 RESTRICTION ON COMMUNICATIONS

2.5 PROCUREMENT OVERVIEW

2.6 DEFINITION OF REQUIREMENTS

2.7 VENDOR ADMONISHMENTS

2.8 RESERVED RIGHTS

Section 3: PROCUREMENT PROCESS, SCHEDULE AND CONSTRAINTS

3.1 PROCUREMENT PROCESS

3.2 PROCUREMENT SCHEDULE

3.3 PROCUREMENT / CONTRACTING CONSTRAINTS

Section 4: STANDARD RESPONSE INFORMATION

4.1 SUBMISSION OF REPLIES

4.2 VENDOR CERTIFICATIONS

4.3 DISCLOSURE OF REPLIES

4.4 AUTHORIZED SIGNATURE

4.5 PROPOSAL DURATION

4.6 VENDOR EXPENSES

4.7 WORK LOCATION & SITE

4.8 SECURITY REQUIREMENTS

4.9 SUBCONTRACTS & JOINT VENTURES

4.10 GENERAL CONTRACT PROVISIONS

4.11 ALTERING OF A PROPOSAL

Section 5: STANDARD CONTRACT INFORMATION

5.1 TYPE OF CONTRACT

5.2 CONTRACTOR

5.3 INDEPENDENT CONTRACTOR STATUS

5.4 CONTRACT APPROVAL AND TERM

5.5 RENEWALS

5.6 DISPUTES

5.7 CONTRACT FUNDING

5.8 COMPENSATION AND PAYMENT

5.9 DELIVERABLE REVIEW, ACCEPTANCE AND PAYMENT

5.10 UNKNOWN, UNANTICIPATED, UNSPECIFIED TASKS

5.11 CHANGE ORDERS

5.12 PROPOSAL AS PART OF THE CONTRACT

5.13 SUBCONTRACTORS

5.14 UNAUTHORIZED EMPLOYMENT OF ALIEN WORKERS

5.15 ASSIGNMENT

5.16 LAWS AND PERMITS

5.17 STANDARD CONTRACT PROVISIONS

5.18 SEVERABILITY

5.19 INSURANCE REQUIREMENTS

Section 6: SCOPE OF WORK/SERVICES

6.1 General Information

6.1.2 Background

6.2 WORK REQUIREMENTS

6.3 CONFIDENTIALITY AND DATA SAFEGUARDING

6.4 PERFORMANCE MEASURE AND FINANCIAL CONSEQUENCE

6.5 REPORTS

Section 7: SUBMISSION OF REPLIES

7.1 GENERAL INSTRUCTIONS TO Proposers

7.2 DELIVERY

7.3 PROPOSAL VERSIONS

7.4 GENERAL FORMATTING INSTRUCTIONS

7.5 FORMAT, CONTENT, QUANITY and MEDIA

7.5.1 Volume I: Administrative

7.5.2 Volume II: Technical

7.5.3 Volume Three: Cost Data

Section 8: PROPOSAL EVALUATION

8.1 EVALUATION PROCESS

8.2 MANDATORY COMPLIANCE ITEMS REVIEW

8.3 TECHNICAL EVALUATION

8.4 COST EVALUATION

8.5 AGGREGATE SCORE (TECHNICAL + COST)

Section 9: SUBMITTALS, ATTACHMENTS and EXHIBITS

9.1 SUBMITTAL CHECKLISTS

ATTACHMENT A: CERTIFICATION OF DRUG FREE WORKPLACE

ATTACHMENT B: VENDOR CERTIFICATION FORM – PUR 7801

ATTACHMENT C: NOTICE OF NO CONFLICT OF INTERTEST

ATTACHMENT D: STATEMENT OF NO INVOLVEMENT

ATTACHMENT E: ORGANIZATIONAL CONFLICTS OF INTEREST CERTIFICATION

ATTACHMENT F: VENDOR RESPONSIBILITY DISCLOSURE

ATTACHMENT H: SECURITY ACKNOWLEDGEMENT

ATTACHMENT I: CUSTOMER REFERENCE FORM

ATTACHMENT J: Proposer REFERENCE FORM

ATTACHMENT K: SUBCONTRACTOR FORM

ATTACHMENT L: COST SHEET

EXHIBIT 1: SAMPLE CONTRACT

EXHIBIT 2: PUR 1000

EXHIBIT 3: PUR 1001

EXHIBIT 4: EVALUATOR SCORE SHEET

Section 1: DEFINITIONS

The following terms used in this RFP have the following meanings:

Term Definition

Breach of Contract

The condition of the relationship between the Department and the Contractor that exists when the Contractor fails to perform under the terms and conditions of the Contract that may result from this Request for Proposal.

Business Day A day that is not a Saturday, Sunday, or federal or State of Florida holiday.

Contract The agreement that may result from this Request for Proposal between the selected vendor and the Department.

Contract Manager

The person designated by the Department who is charged with monitoring a contract through the term of the contract and who is specifically responsible for enforcing performance of the contract terms and conditions, and maintaining all financial information, including payment history, payment method, and payment tracking. The Contract Manager serves as the liaison between the Department and the Contractor regarding performance issues contained in the contract.

Contractor

The organization or individual providing commodities and/or services to the Department in accordance with the terms and conditions of the Contract that may result from this Request for Proposal. The term “Contractor” shall include all employees, agents, volunteers, and anyone acting on behalf of, in the interest of, or for, the Contractor.

Child Support Program The Florida Department of Revenue Child Support Program.

CMBE Certified Minority Business Enterprise

Day Unless specified otherwise, “day” shall be interpreted to mean calendar day, not working day.

Department Florida Department of Revenue, referred to in this RFP as “Department” or “FDOR.”

EFT Electronic Funds Transfer

FDFS Florida Department of Financial Services

Term Definition

FDMS Florida Department of Management Services

FEIN Federal Employer Identification Number

Key Personnel Contractor’s staff identified in the Proposal as essential to implement and administer the Contract.

Mandatory Responsiveness Requirements

Mandatory responsiveness requirements are terms, conditions or requirements that must be met by the bidder to be responsive to this Request for Proposal to Bid. Failure to meet these mandatory requirements will cause rejection of a proposal.

Material Deviation

A deviation is material if, in the Department's sole discretion, the deficient proposal is not in substantial accord with this Request for Proposal requirements, provides an advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department or otherwise adversely impacts the Department’s interest.

MBE Minority Business Enterprise.

Minor Irregularity

Variations from the Request for Proposal terms and conditions that do not affect the price of the Proposal or give the vendor an advantage or benefit not enjoyed by the other vendors or do not adversely impact the interests of the State.

Performance Measure Criteria used to determine if a deliverable is acceptable to the Department.

Project The total work to be completed under the Contract.

Project Administrator The Department’s authorized representative who leads the Project Team and serves as the primary contact with the Contractor.

Proposal A competitive sealed proposal to this RFP.

Proposer A vendor that has submitted a proposal that conforms in all material aspects to the solicitation.

RFP Request for Proposal

Responsive Proposal A Proposal submitted by a vendor that conforms in all material respects to the solicitation.

SOW Statement of Work.

Subcontractor Any person other than an employee of the Contractor who performs any of the services listed in this RFP for compensation.

Vendor

Any firm, entity, or person who may submit a Proposal to the Department in response to this RFP.

The entity identified as the vendor in the Proposal will be the entity contracted with, should the entity become the successful vendor.

Winning or Successful Vendor The business or entity awarded the Contract under this RFP.

END OF SECTION

Section 2: INTRODUCTION

2.1 PROCUREMENT OFFICER

The Procurement Officer assigned to this solicitation is:

Alison Thomas, Purchasing Analyst Florida Department of Revenue Capital Circle Office Center (CCOC) 2450 Shumard Oak Blvd., Bldg. 2-1600 Tallahassee, Florida 32399-0100 Work Phone: (850) 617-8132 E-mail: alison.thomas@floridarevenue.com

2.2 PURPOSE OF REQUEST FOR PROPOSAL

The Florida Department of Revenue, Child Support Program (Program) is seeking contractual services for online pre-employment skills testing to assist the Program in identifying and selecting qualified applicants for employment.

2.3 BACKGROUND

Employment opportunities are advertised on People First (jobs.myflorida.com), where applicants review postings and submit applications online. Hiring managers review applications to determine which applicants should advance in the hiring process based on experience, work history and other criteria. Qualified applicants participate in online vendor-provided testing that assesses skills needed for the position.

The Program piloted the outsourcing of skills testing in 2020 and has received contractual services since then under a series of purchase orders. In State Fiscal Year 2023-24, the Program purchased services for 3,813 assessments taken by applicants for employment.

2.4 RESTRICTION ON COMMUNICATIONS

Vendors responding to this solicitation or person acting on their behalf may not contact, between the release of this 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 named above. Violation of this provision may be grounds for rejecting a proposal.

2.5 PROCUREMENT OVERVIEW

This procurement is released as a “Request for Proposals” (RFP). The procurement process is described in Section 3. Solicitation related documentation will be available on the Florida Department of Management Services (FDMS) Vendor Information Portal (VIP), and vendors are responsible for monitoring the site for new or updated information. Information available on the VIP includes but is not limited to the Request for Proposals, amendments, and questions/answers. Accessing the VIP is described in Section 3.1.1.

Proposals are to be submitted to the Department as specified in Section 7. The Department will review and score the technical proposals, score the cost proposals submitted by vendors, score all qualified proposals, then make selections based on the highest cumulative technical and cost points.

Award and continuation of the contract is contingent upon the availability of funds. In order to be awarded a contract, a vendor must be registered with FDMS via MyFloridaMarketPlace and if required, the Florida Department of State (DOS), Division of Corporations.

Vendors are required to carefully examine this RFP and be thoroughly informed regarding the requirements.

2.6 DEFINITION OF REQUIREMENTS

Within this RFP the use of “shall” or “must” indicates a mandatory requirement or mandatory action.

The Department may consider failure to meet a mandatory requirement to be a material deficiency, in which case the Department may reject the Proposal and not consider it further, or the Department may have the option to score that requirement with a zero (0).

The use of “should” or “may” indicates a desired requirement. The Department will not reject a Proposal because it fails to meet a desired requirement, but that may result in a lower score for that requirement. The Department may score a Proposal higher if it demonstrates the Vendor’s intent and ability to meet a desired requirement.

2.7 VENDOR ADMONISHMENTS

To submit a successful Proposal to this RFP, the Vendor must carefully follow all directions in this

RFP.

Vendors are responsible for monitoring the VIP website for new or updated information related to this RFP. The location of the VIP is described in Section 3.1.1.

Vendors are strongly advised to carefully read the entire RFP to fully understand the program and RFP requirements before writing and submitting a proposal.

Vendors must follow the procurement process described in Section 3.

Vendors should propose to perform all of the required activities described in Section 6. Vendors may propose an alternative approach that is low risk (technical, cost, and schedule).

Vendors should submit a Proposal that fully complies with the required organization, format, and contents specified in Section 7. A Proposal should be organized exactly as specified. All mandatory items must be addressed, if not, Vendors risk having their Proposal rejected OR zero (0) points assigned.

Vendors must carefully review the attached Sample Contract (Exhibit 1). No alteration of Contract will be permitted without prior written approval from the Department. Be advised that many of the provisions of the Department’s Standard Contract are required pursuant to Florida Statutes (F.S.), provisions of the Florida Administrative Code or judicial opinions; therefore, most requested changes may be denied.

Vendors must submit a Proposal to the required location by the required date and time, as described in Section 7: Proposal Submission. Be aware that the Capital Circle Office Complex (CCOC) buildings, where Replies are submitted, are secured facilities. Be sure to allow sufficient time to sign in and be escorted when submitting a Proposal. Submitting a Proposal at the last moment risks contending with other Vendors trying to do the same. A Proposal submitted late for any reason will be rejected.

Vendors are required to ensure that cost-related data is presented separately from the technical Proposal. The cost must be separately packaged and clearly labeled. Proposals that include cost information in the technical Proposal will be rejected.

Carefully review the RFP instructions to ensure that all required information is provided as specified in this RFP.

Confidential, proprietary, trade secret or other protected information submitted in Vendor Replies shall be properly and clearly identified and labeled as specified in Section 7.32 of this RFP.

2.8 RESERVED RIGHTS

The Department at its sole discretion reserves the right to:

• Amend this RFP;

• Conduct a Proposal Qualification Process to cure deficiencies that do not o provide an advantage to one bidder over other bidders o have a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department o otherwise adversely impact the Department’s interest;

• Waive minor irregularities in submitted Proposals;

• Reject any or all Proposals received in response to this RFP, if the Department determines such action is in the best interests of the State or due to unavailability of funds;

• Request clarifications from Vendors;

• Request additional information to assess the Vendor’s capabilities;

• Contact any past or current customers of the Vendor for references;

• Require any or all Vendor(s) to address services, prices, or conditions offered by any other Vendor;

• Use any idea proposed unless otherwise protected by Florida Statute;

• Pursue a Contract with one or more vendor(s) for the services encompassed by this solicitation, any addenda thereto;

• Pursue the division of Contracts between vendor(s) by type of service or geographic area, or both;

• Arrive at an agreement with any Vendor, and finalize principal contract terms with such Vendor;

• Take any additional administrative steps deemed necessary in determining the final award, including additional fact-finding, evaluation, or negotiation where necessary and consistent with the terms of this RFP; and

• Exercise all, or part, or none of the renewal options.

Section 3: PROCUREMENT PROCESS, SCHEDULE AND CONSTRAINTS

3.1 PROCUREMENT PROCESS

3.1.1 RFP Release

This Request for Proposals (RFP) is posted on the Vendor Information Portal (VIP) web site:

https://vendor.myfloridamarketplace.com/. To find the RFP or other related information, enter Agency “Department of Revenue” and click on “initiate Search” at the bottom of the web page. If unable to download the document(s), contact the Department’s Procurement Officer identified in Section 2.1.

Section 120.57(3)(b), F.S., requires that a notice of protest of the solicitation documents shall be made within seventy-two (72) hours after the posting of the solicitation. Section 120.57(3)(a), F.S., requires the following statement to be included in the solicitation: “Failure to file a protest within the time prescribed in section 120.57(3), 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.”

3.1.2 Addenda

The Department reserves the right to amend this RFP. All addenda will be in writing and will be posted electronically on the VIP web site referenced in Section 3.1.1. If unable to download an RFP addendum, contact the Procurement Officer identified in Section 2.1.

It is the responsibility of the Vendors to monitor the VIP web site, as additional notification may not be provided. Addenda Acknowledgement Forms for each Addenda issued should be signed and returned with your proposal.

3.1.3 Questions

Questions relevant to this RFP are invited and must be in an Excel file submitted by email to the Procurement Officer identified in Section 2.1. The Excel file columns shall be formatted as follows:

# QUESTION SECTION

NUMBER

SECTION

TITLE

PAGE

NUMBER(S)

EXACT TEXT (IF APPLICABLE) DEPARTMENT'S

RESPONSE/ANSWER

Questions must be received by the Department’s Procurement Officer on or before the date and time identified in the Procurement Schedule (Section 3.2). The Department recommends that Vendors confirm receipt of questions submitted.

Responses to all questions will be posted on the VIP web site in accordance with the Procurement Schedule. The written response posted on the web site is the ONLY official response. Verbal responses are not official nor binding, and those that differ from the written responses must be considered incorrect.

Public record requests submitted as part of the Question period identified above, as well as, identified/marked public record requests will be answered as promptly as possible in the ordinary course of business, but may not be answered as part of the Question and Response process.

Responses to public record requests may be furnished to the requesting Vendor only.

Vendors are cautioned that questions submitted should not contain cost information. The inclusion of cost information with questions submitted may result in the Vendor’s disqualification.

It is the responsibility of the Vendor to monitor the VIP web site, as no additional notification will be provided when responses to questions are posted.

3.1.4 Errors in RFP

If a Vendor discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Vendor shall immediately notify the Department in writing of the error. The Department will resolve major problems with an addendum. Minor problems will be addressed as a Question and Response, if applicable, or as an addendum, posted on the VIP.

If the RFP contains an error known to the Vendor or an error that reasonably should have been known, the Vendor shall respond at its own risk. If the Vendor fails to notify the Department of the error prior to Proposal submission and is awarded a Contract, the Vendor shall not be entitled to additional compensation or time by reason of the error or its later correction.

3.1.5 Proposal Opening

Proposals will be publicly opened at the time and date specified in the Procurement Schedule (Section 3.2). The names of the responding Vendors will be read aloud. The name(s) of Vendors submitting Proposals will be made available to interested parties at the Proposal opening or upon written request to the Procurement Officer listed in Section 2.1.

The contents of proposal submissions are not immediately public records subject to provisions of section 119.07(1), F.S., Per 119.071(1)(b)2, F.S., submissions are exempted until the Agency posts a Notice of Intended Agency Decision, or thirty (30) days after opening the final competitive sealed Proposals, whichever is earlier, and therefore will not be available for immediate review by the public.

3.1.6 Responsiveness Review

The table below outlines the conditions or requirements that must be met in order to have a responsive proposal to this Request for Proposals. The Department’s Purchasing Officer will perform a review on every Proposal received to validate compliance with the items listed below. This review does not assign any scores but is simply a pass/fail review. Replies that fail one or more of the items listed in the table may be rejected and not considered further.

Item # Mandatory Item Yes/No

1 Did Proposal arrive sealed, on the correct date and time?

Confirm that the Vendor is not on the Scrutinized List of Prohibited Companies.

3 Confirm that the Vendor is not on the Suspended Vendor List.

4 Confirm that the Vendor is not on the Convicted Vendor List.

5 Confirm that the Vendor is not on the Discriminatory Vendor List.

6 Confirm that the Vendor is not on the Federal Excluded Parties List.

7 Confirm that the Vendor is not on the Antitrust Violator Vendor List.

8 Confirm that the Vendor is not on the Forced Labor Vendor List

Confirm that the Vendor Transmittal Letter was submitted, signed and contains affirming statements for all required items per Section 7.5.1.1.

Confirm the required Procurement Forms (attachments) listed in Section 9 have been submitted and signed if required.

11 Confirm that the Vendor has no outstanding Florida tax obligation.

The Responsiveness Review Process will enable the Department to determine a vendor’s compliance with the requirements of the RFP not directly related to the Technical Specifications and Cost Data.

Certain deficiencies in the proposal items may be cured as part of the Responsiveness Review Process, at the discretion of the Department.

Failure of a Vendor to timely respond to follow-up requests from the Department may result in a determination of non-responsiveness and removal of the Vendor from further consideration.

The Department reserves the right to determine whether a proposal meets the responsive requirements of the RFP.

If a Proposal passes all items being reviewed in the table above, the Department will continue the evaluation as described in the next section(s).

3.1.7 Technical Evaluation

The Department will evaluate and score the Technical Volume II using a team of at least three (3) persons who collectively have experience and knowledge in the program areas and service requirements called for by the RFP.

The team is herein referred to as the Evaluation Committee. The Evaluation Committee Members will individually evaluate and score the Technical Volume II in accordance with the evaluation criteria as described in Section 8 of this RFP.

3.1.8 Clarification Requests (CR)

Throughout the solicitation process, the Department may request clarification(s) of uncertainties, or to eliminate confusion concerning the contents of a Proposal, ambiguous or inconsistent information in submitted Proposals, using the following process.

1. If the Department detects an ambiguity or inconsistency within a Proposal, the Department’s Procurement Officer or their designee will request clarification utilizing a CR describing the ambiguity or inconsistency.

Vendors are cautioned the Department will not generate a CR for an omission, even of a mandatory topic or mandatory requirement. The Department may reject a Proposal that omits a mandatory topic or requirement or may score with zero (0) points.

2. The Department’s Procurement Officer or their designee will coordinate with Vendors a time for all CR to be submitted.

Within twenty-four (24) hours, unless another timeframe is authorized by the Department’s Procurement Officer or their designee, of the conclusion of the conference call, meeting or written request, the Vendor shall send to the Department’s Procurement Officer or their designee (by e-mail) the written Clarification Request Responses (CRR) with a letter binding the company to the contents of the CRR and signed by an individual authorized to bind the company. The Vendor should confirm receipt. The Department will ignore verbal discussions, and any written material that does not respond directly to a CR.

3. The Department will use the written CRR to update the Vendor’s Proposal. An unresolved CR may result in an Evaluator scoring a Vendor’s Proposal lower.

The Department will not generate a Clarification Request for Response omissions; THEREFORE, DO

NOT RELY ON CLARIFICATION REQUESTS TO IDENTIFY DEFICIENCIES.

Clarification Request Responses are restricted to information that responds directly to a Clarification Request; therefore, Vendors may not submit information that does not respond directly to a CR in the written CRR. If a Vendor does submit new information that does not directly respond to the CR, the Department will not evaluate it. Clarifications may not result in a material or substantive change to the Vendor’s Proposal.

3.1.9 Divergent Score Review

At the conclusion of the Technical Evaluation phase of the solicitation process, a divergent review may take place, at the discretion of the Department. A divergent review provides all evaluators with the opportunity to re-review any particular evaluation criterion(s) that resulted in a score that is inconsistent of the other scores for that criterion(s). Evaluators are only provided the opportunity to re-review scores; they are not required to change any assigned score.

If after a divergent review, the criterion continues to remain divergent, the solicitation process may continue forward without delay. However, if after the divergent review, the criterion becomes even further divergent, the Department may, at its sole discretion, determine that a second divergent review is necessary, or continue forward with the solicitation process.

3.1.10 Identical Scoring of Replies

Whenever two or more proposals which are equal with respect to price, quality, and service are received, the Department shall determine the order of award first in accordance with section 295.187(4), F.S., giving preference to “Veteran Business Enterprise” then to proposal responses from proposers that certify the business has implemented a drug-free workplace program in accordance with section 287.087, F.S. Proposers may execute and return Attachment A, Certification of a Drug Free Workplace, to be considered in the event of identical scoring/exact tie.

3.1.11 Cost Data Volume Opening

Upon completion of the technical evaluation, Volume II:

On the date indicated in the Procurement Schedule (Section 3.2), Cost Data Volume III will be publicly opened. The Department will publish any changes to the date and time via a Public Meeting Notice on the VIP. Vendors are advised to monitor the VIP for a Public Meeting Notice for any changes to the exact date and time. This meeting will be for the Department to open and read aloud the Vendor names.

The Cost Data tabulation sheet will be made available to interested parties at the Cost Data opening or upon written request to the Procurement Officer listed in Section 2.1.

The contents of Proposal submissions, including Cost Data Volumes are not public records subject to the provisions of section 119.07(1), F.S., until the Agency posts a Notice of Intended Agency Decision, or until thirty (30) days after opening the final competitive sealed Replies, whichever is earlier, and therefore will not be available for immediate review by the public.

3.1.12 Cost Data Volume III Review & Scoring

The Department will check the arithmetic and score cost in accordance with Section 8.4 of this RFP.

Each Vendor’s Cost Data points will be added to their Administrative/Technical score to obtain the Proposer’s Total Proposal score. The Proposer’s Total Proposal Score will be used to determine contract award.

3.1.13 Notice of Agency Decision

At the conclusion of scoring and approval to award a contract or contracts, the Department will post a Notice of Intended Agency Decision, as determined to be in the best interest of the State. The Notice will be posted on the VIP for seventy-two (72) hours.

Posting of a Notice of Intended Agency Decision does not guarantee an award of a Contract. An award from this RFP does not guarantee execution of a Contract and execution of a Contract does not guarantee an order for commodities and services from the State.

It is the responsibility of Vendors to monitor the VIP web site, as no additional notifications will be provided.

The Department reserves the right to reject any or all Proposals received in response to the RFP, at its sole discretion, as determined to be in the best interest of the Department or due to unavailability of funds.

3.1.14 Protest and Protest Filing

Any Vendor or person who desires to protest a solicitation, decision, intended decision, or recommended award must file the following documents with the Agency Clerk in the Department’s Office of General Counsel, 2450 Shumard Oak Boulevard, Building 1, Suite 2400 Tallahassee, FL 32399-0109, and provide copies to the Procurement Officer listed in Section 2.1.

1. A written notice of intent to protest within seventy-two (72) hours (3 business days) after posting of the recommended award in the VIP.

2. A formal written protest by petition within ten (10) calendar days after the date on which the notice of protest is filed.

3. A protest bond within ten (10) calendar days after the date on which the notice of protest is filed.

Failure to file a protest within the time prescribed in section 120.57(3), 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 person who files an action protesting a solicitation, decision, intended decision, or recommended award, pursuant to section 120.57(3), F.S., shall post with the Department at the time of filing the formal written protest, a bond payable to the Department in an amount equal to one percent (1%) of the Department’s estimate of the total value of the Contract. In lieu of a bond, the Department may accept a cashier’s check or money order in the amount of the bond.

The bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

3.1.15 Right to Inspect Place of Business

The State may conduct on-site visits to evaluate the Vendor’s capacity to perform the contract. A Vendor must agree, at risk of being found nonresponsive and having its proposal rejected, to provide the State reasonable access at reasonable times to relevant portions of its work sites related to the performance of the contract. Any site inspection will be made by individuals designated by the procurement office at the State’s expense.

3.2 PROCUREMENT SCHEDULE

Below is the procurement schedule that represents the Department’s best estimate of the schedule that will be followed. If deviations from this schedule occur, the Department will publish an addendum on the VIP. No liability to the Department will result from such deviations. All required Vendor actions must be completed by the date and time in the schedule. All listed times are local time in Tallahassee, Florida.

EVENT DATE AND TIME DUE

Release of the RFP (on or about) April 7, 2025

Vendor submits questions/inquires, no later than April 18, 2025 3:00 PM EST

Posting of responses to questions/inquires on Vendor Information

Portal (on or about) (MAY REQUIRE MORE THAN ONE Q&A) April 23, 2025

Due date for Technical and Cost Proposals and opening time for technical proposals (no later than) May 16, 2025 3:00 PM EST

Mandatory Requirements Review May 19, 2025

EVENT DATE AND TIME DUE

Responsive Proposals to evaluation committee (on or about) May 20, 2025

Cost opening June 3, 2025 3:00 PM EST

Post Intent to Award on Vendor Information Portal (estimated date) June 3, 2025

3.3 PROCUREMENT / CONTRACTING CONSTRAINTS

3.3.1 Prohibition against contracting with Scrutinized Companies In accordance with the requirements of section 287.135(2), F.S., a company is ineligible to, and may not, bid on, submit a proposal or response for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal or response for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, F.S., or is engaged in a boycott of Israel.

Also, in accordance with the requirements of section 287.135(2), F.S., a company is ineligible to, and may not, bid on, submit a proposal or response for, or enter into or renew a contract with an agency or local governmental entity for goods or services of one million dollars or more if, at the time of bidding on, submitting a proposal or response for, or entering into or renewing such contract, the company:

1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, F.S.; or

2. Is engaged in business operations in Cuba or Syria.

In accordance with the requirements of section 287.135(5), F.S., at the time a company submits a bid or proposal or response for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or proposal or response for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel.

The State Board of Administration maintains the “Quarterly List of Scrutinized Companies that Boycott Israel” at the following link:

https://www.sbafla.com/fsb/Portals/FSB/Content/Performance/Quarterly/2023_01_17_Web_Update_P FIA_Prohibited_List.pdf?ver=2023-01-17-160949-307

Vendors must certify that they are not on the Scrutinized List of Prohibited Companies (collectively) using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.2 Suspended Vendor List

Pursuant to Section 287.1351, F. S., a person or affiliate who has been placed on the Suspended Vendor List for contractual default may be excluded from award of a contract unless the Vendor corrects its failure within the time frame provided by the agency, pays any additional cost incurred by the agency for re-procuring the services, or is legally excused by the agency from default.

Vendors must certify that they are not on the list using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.3 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 response on a contract to provide any goods or services to a public entity;

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

• submit bids, proposals, or replies on leases of real property to a public entity;

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

• 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 thirty-six (36) months following the date of being placed on the convicted contractor list.

Vendors must certify that they are not on the list using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.4 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 response on a contract to provide any goods or services to a public entity;

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

• submit bids, proposals, or replies on leases of real property to a public entity;

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

• transact business with any public entity.

Vendors must certify that they are not on the Discriminatory Vendor list using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.5 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.

Vendors must certify that they are not on the Antitrust violator vendor list using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.6 Contracting with entities of foreign countries of concern prohibited.

Pursuant to section 287.138 F.S., a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria as follows:

A governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if:

• (a) The entity is owned by the government of a foreign country of concern;

• (b) The government of a foreign country of concern has a controlling interest in the entity; or

• (c) The entity is organized under the laws of or has its principal place of business in a foreign country of concern.

Vendors if having access to an individual’s personal identifying information, must certify using the Vendor Certification Form (PUR7801 – Attachment B) that they are not prohibited from entering into the contract pursuant to section 287.138, F.S., and have completed the Form PUR 1355, “Foreign Country of Concern Attestation Form,” available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15843,.

3.3.7 Prohibition against governmental entity contracts with common carriers; required termination provisions.

Pursuant to section 908.111, F.S., a governmental entity may not execute, amend, or renew a contract with a common carrier or contracted carrier if the carrier is willfully providing any service in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States.

If the contractor is a common carrier or contracted carrier, in conformity with section 92.525, F.S., they must attest that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into this state knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States.

Such attestation shall be done using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.8 E-Verify System Use

The employment of unauthorized aliens by any Contractor/Subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor/Subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract resulting from this solicitation.

The contractor shall be responsible for ensuring that information from the Form I-9, Employment Eligibility Verification for every employee and any subcontractor employee is compared with the information contained in the E-Verify System. This system provides records maintained by the U.S.

Department of Homeland Security (DHS) and Social Security Administration (SSA) used to compare information from the Form I-9, Employment Eligibility Verification to confirm that an employee is authorized to work in the United States

The Contractor shall comply with the requirements set forth in section 448.095 (2), F.S., as follows:

1. Every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.

2. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.

3. The contractor shall maintain a copy of such affidavit for the duration of the contract.

4. A public employer, contractor, or subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated section 448.09(1), F. S., shall terminate the contract with the person or entity.

5. A public employer that has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and order the contractor to immediately terminate the contract with the subcontractor.

6. A contract terminated under paragraph 4, or paragraph 5 is not a breach of contract and may not be considered as such.

7. A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge a termination under paragraph 5 or 6 no later than twenty (20) calendar days after the date on which the contract was terminated.

8. If a public employer terminates a contract with a contractor under paragraph 5 or 6, the contractor may not be awarded a public contract for at least one (1) year after the date on which the contract was terminated.

9. A contractor is liable for any additional costs incurred by a public employer as a result of the termination of a contract.

Vendors must certify using the Vendor Certification Form (PUR7801 – Attachment B) that they are:

• Registered with, and use, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S.; and

• Have not, within the last year, had a contract terminated under section 448.095(5)(c), F.S., by a public employer, contractor, or subcontractor, as defined by section 448.095(1), F.S.

3.3.9 Foreign gifts and contracts

Any entity that applies to a state agency or political subdivision for a grant or proposes a contract having a value of $100,000 or more shall disclose to the state agency or political subdivision any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. Within one (1) year before applying for any grant or proposing any contract, such entity must provide a copy of such disclosure to the Department of Financial Services.

Vendors must certify that they are in compliance with all applicable disclosure requirements set forth in section 286.101, F.S., and has not been deemed ineligible for a grant or contract funded by a state agency pursuant to section 286.101(7), F.S., using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.10 Provision of commodities produced by forced labor; denial or revocation of the right to transact business with agencies The Vendor is hereby informed of the provisions of sections 287.1346, F.S., that identify the impacts to the vendor's ability or its affiliates’ ability to respond to the competitive solicitations of a public entity;

to be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity; or to transact business with a public entity if it, or its affiliates, are placed on the Forced labor vendor list of the Department of Management Services.

Vendors must certify that they are not on the Forced labor vendor list using the Vendor Certification Form (PUR7801 – Attachment B).

3.3.11 Americans with Disabilities Act (ADA)

Any person submitting a Proposal for providing commodities or contractual services may not exclude any person(s) from participating in, deny any person(s) the proceeds or benefits of, nor otherwise subject any person(s) or subcontractors to any form of discrimination based on the grounds of race, creed, color, national origin, age, sex, or disability. Any person, who is providing commodities or contractual services, or possible subcontract, must comply with the pertinent portion of the Americans with Disabilities Act of 1990, public Law 101-336.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any Proposal documents or the attendance at any related meeting or Proposal opening. If accommodations are needed because of a disability, please contact the Procurement Officer identified in Section 2.1 at least five (5) workdays prior to the opening.

3.3.12 Office of Supplier Development

The Office of Supplier Development (OSD) is a specialized team that helps Florida's small businesses. OSD does this through the following functions:

• provide guidance on doing business with the State of Florida;

• inform businesses about upcoming contract opportunities;

• advocate for the continued growth and success of Florida's small businesses;

• plan, host, and support Florida business events targeted to small businesses;

• provide education and other resources to state government procurement professionals to help increase the use of small businesses in state and local government procurement contracts; and

• issue applicable state certification and recertification for Florida-based woman-, veteran-, and minority-owned small businesses.

The link to the Office of Supplier Development (OSD) is:

https://www.dms.myflorida.com/business_operations/state_purchasing/office_of_supplier_development_osd

3.3.13 Federal Excluded Parties List

A Vendor or subcontractor(s) that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract is on the Federal Excluded Parties List, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency for goods or services, if any federal funds are being utilized.

3.3.14 Registration with Florida Department of Management Services

(FDMS) – MYFLORIDAMARKETPLACE

The DMS has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System").

Pursuant to section 287.057(22), F.S., and rule 60A-1.031 Florida Administrative Code, all payments shall be assessed a Transaction Fee. Pursuant to Section 287.057(24), F.S. the Transaction Fee is one percent (1.0%), or as may otherwise be established by law. Currently the fee is 0.7%, which the Contractor shall pay to the State of Florida (State).

For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor.