RFP FGCC 23 24-03.pdf

RFP FGCC 23/24-03

Compulsive or Addictive Gambling Prevention Program

4070 Esplanade Way, Suite 250 Tallahassee, FL 32399

REQUEST FOR PROPOSAL (RFP)

RFP No: RFP FGCC 23/24-03

Issuing Officer: Lisa M. Mustain

Director of Administration Division of Administration

State of Florida, Florida Gaming Control Commission 4070 Esplanade Way, Suite 250

Tallahassee, FL 32399-7033 Email: Lisa.Mustain@flgaming.gov

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

Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Florida Gaming Control Commission (Commission), Office of the General Counsel, Attention: Agency Clerk, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399. Protests may also be filed by email to Clerk@flgaming.gov. It is the filing party's responsibility to meet all filing deadlines.

NOTICE PURSUANT TO SECTION 287.057(25), FLORIDASTATUTES

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 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 issuing officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

NOTICE PURSUANT TO SECTION 287.05701, FLORIDA STATUTES

The Commission may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor. The Commission may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

mailto:Lisa.Mustain@flgaming.gov mailto:Clerk@flgaming.gov mailto:Clerk@flgaming.gov mailto:Clerk@flgaming.gov https://flgaming.gov/

TABLE OF CONTENTS

SECTION 1. Introduction

SECTION 2. The RFP Process………………………………………………………

SECTION 3. A w a r d

SECTION 4. Responding to the RFP

SECTION 5. Special Instructions………………………………………………………………………11

Attachment Name

Attachment

Sub-components, if any

TO BE

COMPLETED

AND

RETURNED

Attached for Reference Only

A Standard Contract ☐ ☐

B Scope of Work ☐ ☐

C Cost Proposal ☐ ☐

D Evaluation Criteria ☐ ☐

E References Form ☐ ☐

F Mandatory Requirements for Evaluation ☐ ☐

G Affidavit – Notice of Trade

Secret ☐ ☐

H Financial and Compliance

Audit Form & Exhibit 1 ☐ ☐

I Certifications and

Assurances ☐ ☐

Section 1. INTRODUCTION

1.1 Purpose

As set forth in section 551.118, Florida Statutes, the State Legislature established a Compulsive or Addictive Gambling Prevention Program (“Program”) that requires the Florida Gaming Control Commission (“Commission”), to recognize problem gaming situations and to implement responsible gaming programs and practices. The Commission is issuing this Request for Proposals (“RFP”) to provide services related to the prevention of compulsive and addictive gambling.

1.2 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Respondent’s responsibility to check for any changes. All changes to the Timeline of Events will be made through addendums to the solicitation on the Vendor Information Portal (VIP). Respondents are responsible for submitting all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda). The FGCC will not consider late submittals.

Timeline of Events

Event

Time (Eastern Time) Date

RFP posted on the Vendor Information Portal (VIP)

1:00 p.m.

05/01/2024 Deadline to submit questions to the Issuing Officer.

5:00 p.m.

05/08/2024

Anticipated date of answering Respondents’ questions on VIP 1:00 p.m.

05/13/2024

Deadline to submit Reply and all required documents to the Issuing Officer.

5:00 p.m.

05/28/2024 Public bid opening (non-mandatory) Conference Room 235Q

Tallahassee, FL 32399

2:00 p.m.

05/29/2024

Anticipated date to post Notice of Intent to Award on VIP.

N/A 06/19/2024

Anticipated Contract Start Date N/A 07/01/2024

1.3 Definitions

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

Calendar Day – Refers to all days, including weekends and holidays.

Commission – The Florida Gaming Control Commission

Confidential Information – Information in the possession or under control of the State or Vendor that is exempt from public disclosure pursuant to section 24, Article I of the Constitution of the State; the Public Records Law, Chapter 119, Florida Statutes; or to any other Florida law, federal law or regulation that serves to exempt information from public disclosure.

Contract – A binding agreement that results from this competitive procurement, if any, between the Commission (FGCC) and the Vendor. (This definition replaces the definition in the PUR 1000).

Contractor – A vendor or joint venture, as described in chapter 607, Florida Statutes, that enters into a Contract as a result of this solicitation.

Cost Reply or Proposal – A Respondent’s completed Attachment C – Cost Proposal, which the Issuing Officer will score.

MyFloridaMarketPlace (MFMP) – The State’s eProcurement system.

MyFloridaMarketPlace is accessible at: MyFloridaMarketPlace / State Purchasing / Business Operations - Florida Department of Management Services

Reply – The proposal extended to the Commission in response to a Request for Proposal.

Respondent – A vendor, contractor, or joint venture, as described in chapter 607, Florida Statutes, that has submitted a bid, proposal, or reply in response to the solicitation.

Responsive Reply – A Reply, submitted by a responsive and responsible vendor/contractor that conforms in all material respects to the solicitation.

Responsible Vendor/Contractor – A vendor or contractor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive Vendor/Contractor – A vendor or contractor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.

Subcontractor – A person or entity contracting to perform any portion of the services described in the Commission’s contract with the Contractor, upon Commission approval.

State – The State of Florida.

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

Vendor Information Portal (VIP) – The State’s bidding system developed in accordance with section 287.042(3)(b)2, Florida Statutes. The Vendor Information Portal is accessible at: https://vendor.myfloridamarketplace.com/.

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace https://vendor.myfloridamarketplace.com/

SECTION 2 - THE RFP PROCESS

2.1 General Overview

The Commission will evaluate and score proposals to determine the most advantageous proposal.

Failure of a Respondent to provide information requested by the RFP may result in reduction in scoring during the evaluation.

The Commission may accept or reject any and all proposals, and waive any minor irregularity, technicality, or omission if the Commission determines that doing so will serve the State’s best interests.

The RFP is a method of competitively soliciting contractual services under section 287.057(1)(b), Florida Statutes. This solicitation will be administered through the VIP. Vendors interested in submitting a Reply should meet or exceed the requirements within the Scope of Work.

2.2 General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents (PUR 1001) is incorporated by reference in this solicitation. This document should not be returned with the Proposal. The PUR 1001 is located at StateofFloridaPUR1001and1000.pdf (myflorida.com)

The terms of this solicitation control over any conflicting terms of the PUR 1001.

2.3 Issuing Officer

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

Name: Lisa M. Mustain, PMP, CPPB Division of Administration State of Florida, Florida Gaming Control Commission 4070 Esplanade Way, Suite 250 Tallahassee, FL 32399-7033 Email: Lisa.Mustain@flgaming.gov

***All Emails to the Issuing Officer must contain the solicitation number in the subject Line of the email ***

2.4 Objective

The Commission is issuing this RFP to establish a Contract for a Compulsive or Addictive Gambling Prevention Program providing Helpline, advertising, community outreach services, and slot machine gaming facility employee training services. The Commission reserves the right to https://www.myflorida.com/apps/vbs/adoc/F7783_StateofFloridaPUR1001and1000.pdf mailto:Lisa.Mustain@flgaming.gov award to one Respondent, statewide or by region, or to make no award, as determined to be in the best interest of the State.

The Commission encourages collaborative work between vendors offering these services to ensure the best value for the State.

2.5 Term

The term of the Contract will be two (2) years beginning on the date of execution. The contract may be renewed for up to three (3) years in accordance with section 287.057(14), Florida Statutes.

Renewal(s) will be made at the renewal pricing specified in the Contract.

2.6 Renewal

The Contract resulting from this solicitation may be renewed. Renewals may be made for no more than three years beyond the initial contract. Renewals must be in writing, subject to the same terms and conditions set forth in the initial Contract and any written amendments signed by the parties. Renewals are contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the Commission and are subject to the availability of funds.

2.7 Scope of Work

Respondent awarded a Contract under this RFP shall provide commodities and/or contractual services as described in Attachment B, Scope of Work.

2.8 Minority Business Enterprise (MBE) Utilization

The Commission encourages small, minority, women, and service-disabled veteran businesses to compete for Commission contracts, both as vendors and subcontractors. The Commission, its vendors, suppliers, and consultants should take all necessary steps to ensure that small, minority, women, and service-disabled veteran businesses can compete for and perform contract work for the Commission.

To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) 487-0915, or access their MBE directory on the Internet at: Office of Supplier Diversity (OSD) / Agency Administration / Florida Department of Management Services - DMS (myflorida.com)

2.9 Limitation on Contract with Government Personnel (Subsection 287.057(25), Florida

Statutes) Respondents to this solicitation or persons acting on their behalf may not contact, between the release of this solicitation and the end of the 72-hour period following the Commission 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 Issuing Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Reply.

2.10 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the FGCC’s Americans with Disabilities Act (ADA) Coordinator at (850) 794-8028 or ADA.Coordinator@flgaming.gov at least five (5) 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).

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd mailto:ADA.Coordinator@flgaming.gov

2.11 Governance

The solicitation is governed by Florida law, including chapters 287 and 120, Florida Statutes, and chapters 60A-1 and 28-110 of the Florida Administrative Code.

2.12 Contractors and Subcontractors

The resulting contract allows the Contractor to subcontract for any of the services provided in the resulting contract. The Contractor will be the prime service provider and shall be responsible for all work performed and contract deliverables. The Contractor shall not enter into any subcontracts for the delivery of any services described in this contract without the prior written approval of the Commission. Proposed use of subcontracts should be included in the Respondent’s response.

2.13 Questions and Answers

The Commission invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted to the Issuing Officer by the time and date reflected in the Timeline of Events. Respondents are strongly encouraged to ask any questions regarding this solicitation, including the proposed Contract terms and conditions, prior to the deadline to submit questions. Questions will not constitute a formal protest of the specifications of the solicitation.

2.14 Modifications and Withdrawal

A Respondent may modify or withdraw its Proposal at any time prior to the submittal deadline, as specified in Section 1.2, by submitting a request to the Issuing Officer. Requests for modification or withdrawal of a submitted Proposal must be in writing and signed by an authorized signatory of the Respondent. Upon receipt and acceptance of such a request, the entire Proposal will be returned to the Respondent and will not be considered unless resubmitted by the Proposal due date and time.

2.15 Addenda to the RFP

The Commission 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. It is the Respondent’s responsibility to check VIP for any changes throughout the procurement process and prior to submitting a Reply.

2.16 Public Opening

Replies will be opened on the date and at the location indicated in the ‘Timeline of Events’ section.

Respondents are not required to attend. The Commission will only announce the names of Respondents who submitted a Reply at this public meeting, in accordance with section 119.071(1)(b), Florida Statutes.

2.17 Mandatory Responsive Requirements

The Commission will not review Replies from Respondents who do not meet the mandatory responsive requirements listed in Attachment F.

Note: The Commission will perform an initial responsiveness check. Replies found to be non-responsive will not be considered for award. The Commission reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent.

2.18 Technical Evaluation

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

2.19 Other Commission Rights for Evaluation of Technical Replies The Commission reserves the right at any time during the Evaluation Process to:

1. Conceal pricing information from evaluators or provide instructions to the evaluators to disregard pricing information in their evaluation of a Responsive Reply.

2. Redact, omit, or provide instruction to evaluators to disregard any portions of a proposed offering which the Commission determines are outside of the scope of this procurement.

2.20 Cost Evaluation

The Commission will review and score the Cost Replies received from responsive and responsible Respondents.

2.21 Scoring Methodology

The scoring methodology is outlined below:

Reply Available Points

Technical Response 80 Cost Reply 20 Total Avalable Points (A + B) 100

2.21.1 Technical Reply - 80 Available Points

The Respondent may be awarded up to 80 points for its Technical Response in accordance with the evaluation criteria outlined in Attachment D, Evaluation Criteria.

2.21.2 Cost Reply – 20 Available Points

The Respondent may be awarded up to 20 points for its Cost Reply. The Commission will consider the total cost for each year of the Contract, including renewal years, as submitted by the Respondent. The Respondent will receive points based on the scoring methodology provided in Attachment D, Evaluation Criteria.

2.22 Equal Replies

If there are no multiple awards contemplated in the RFP, and the Commission receives equal Replies eligible for award, the Commission will comply with the following, as applicable: sections 287.057(11), 287.087, 287.092, 295.187(4)(a), and 295.187(4)(b), Florida Statutes. To clarify the Respondents’ status regarding the applicable statutory preference requirements, the Commission may request information from Respondents with equal eligible Replies. A Respondent will not be permitted to amend or supplement its Reply in response to such request for clarification.

SECTION 3. AWARD

3.1 Award Selection

A single award will be made to the responsive, responsible Respondent offering the most advantageous Proposal through the evaluation of proposals in accordance with Section 2.21.

3.2 Selection Criteria

The following award selection criteria will apply for this RFP:

Technical proposals will be scored by the evaluation team based on the evaluation criteria specified in Attachment D, Evaluation Criteria. The total raw scores provided by each team member will be averaged together. These average scores will be used to determine each Respondent’s Technical Proposal score. Cost Proposals, Attachment C will be scored by the Issuing Officer based upon the respondent’s proposed cost, as prescribed in Section 2.21 of this RFP. The proposed cost will be scored in accordance with the below formula: Maximum Cost Proposal Points x (Lowest Proposal Cost/Respondent’s Proposal Cost) = COST SCORE Each respondent’s overall score will consist of the average technical proposal score plus the cost proposal score

3.3 Basis of Award

The Commission intends to award a Contract for a Compulsive or Addictive Gambling Prevention Program providing Helpline, advertising, and community outreach/training services to a Respondent who offer the best value to the State. However, the Commission reserves the right to award a Contract to one Respondent, or to make no award, as determined to provide the best value to the State.

The Commission reserves the right to accept or reject all Replies or separable portions and to waive any minor irregularity, technicality, or omission if the Commission determines that doing so will serve the best interest of the state based on the selection criteria. An irregularity is not material and therefore, minor, when it does not give the Respondent a substantial advantage over other Respondents and thereby restrict or stifle competition. The Commission has the right to use any or all ideas or adaptations of the ideas presented in any Reply. Selection or rejection of a Reply will not affect this right.

3.4 Electronic Posting of Notice of Intended Award

At the conclusion of evaluation of the proposals the Commission will announce its intended decision. Notice will be posted on the state’s Vendor Bid System. The Commission will award to the responsible, responsive Respondent determined to be the most advantageous to the state, taking into consideration technical and cost proposals.

Notice of Award does not guarantee issuance of a contract.

The Commission shall electronically post a Notice of Intended Award on VIP for review by interested parties at the time and location specified in the Timeline of Events.

3.5 Post Award Requirements

3.5.1 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/.

3.5.2 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/.

3.6 Contract Formation

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

The Commission intends to enter Contract with Respondent 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 Commission. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the basis for award.

SECTION 4 - RESPONDING TO THE RFP

4.1 General Instructions

The PUR 1001, General Instructions to Respondents (2006 version), is incorporated herein by reference and can be accessed at: StateofFloridaPUR1001and1000.pdf (myflorida.com)

4.2 Proposal Contents

It is a mandatory requirement of this RFP that the Proposal contain the specified documents and address all items listed below. Proposals to the RFP should be prepared using simple terms and minimal technical or industrial specific language. The Commission will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Reply. In submitting its Reply, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

The Respondent must organize its proposal submittal contents as follows:

4.2.1 Tab 1 – Mandatory Requirements

Respondents must complete and submit the following mandatory information or documentation as part of their Proposal by the time specified in Section 1.2. Any Proposal which does not contain the information below will be deemed non-responsive to this RFP.

https://dos.myflorida.com/sunbiz/ https://flvendor.myfloridacfo.com/ https://www.myflorida.com/apps/vbs/adoc/F7783_StateofFloridaPUR1001and1000.pdf

4.2.1.1 Mandatory Responsive Requirements

4.2.1.2 Affidavit, Notice of Trade Secret

4.2.1.3 Certifications and Assurances

4.2.1.4 Technical Reply

4.2.1.5 Cost Reply

4.2.2 Tab 2 – Technical Requirements

4.2.3 Tab 3 – Cost Proposal (SEALED SEPARATELY)

4.3 Copies of Proposals

Respondents must submit the following copies:

4.3.1 Technical Proposal

One (1) original, signed, and sealed Technical Proposal, two (2) paper copies of the signed original, and one (1) electronic copy of the signed original Technical Proposal (on electronic media) must be submitted no later than the date and time set forth in Section 1.2, Timeline.

Refer to Section 5.5 for information on redacting confidential information, if applicable.

Respondents must not disclose cost information in the body of the Technical Proposal.

Including cost information will cause the Proposal to be disqualified (Mandatory Requirement, refer to Section 4.2.1).

4.3.2 Cost Proposal

One (1) original signed and sealed Attachment C, Cost Proposal, two (2) paper copies of the signed original and one (1) electronic copy of the signed original Cost Proposal (on electronic media. Attachment C, Cost Proposal, must be submitted in a sealed package separate from all other attachments and submitted no later than the date and time set forth in timeline. No additional documentation should be included in the Cost Proposal envelope.

4.4 Proposal Labeling

4.4.1 Technical Proposal

The Technical Proposal should be sealed and identified as follows:

FGCC RFP 23/24-03

Request for Proposal for Compulsive or Addictive Gambling Prevention Program Due:

Respondent’s Name:

TECHNICAL PROPOSAL

4.4.2 Cost Proposal

It is mandatory that the Respondent’s Cost Proposal be in a separate sealed envelope and identified as follows:

The Cost Proposal should be sealed and identified as follows:

FGCC RFP 23/24-03

Request for Proposal for Compulsive or Addictive Gambling Prevention Program

Due:

Respondent’s Name:

COST PROPOSAL

4.5 Electronic Submission of Replies

Proposals shall be submitted in accordance with Section 4, “Responding to the RFP” section of this solicitation.

4.6 Terms and Conditions

All Replies are subject to the terms of this solicitation.

The Commission will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Reply.

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

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

SECTION 5 - Special Instructions

5.1 Convicted Vendor, Discriminatory Vendor, and Antitrust Violator Vendor Lists

a. Convicted Vendor List

Pursuant to section 287.133, Florida Statutes, 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, Florida Statutes 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, Florida Statutes, 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, Florida Statutes, 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.

5.2 Respondent’s Representation and Authorization

In submitting a Reply, 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 Reply.

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 Commission in writing of all convictions of the Respondent, its affiliates (as defined in section 287.133(1)(a), Florida Statutes), 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), Florida Statutes). 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 Standard 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 Standard Contract.

j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Reply, 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 Reply.

k. The Respondent shall indemnify, defend, and hold harmless the Commission, 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 Reply.

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

m. If at any point during the procurement, circumstances change so that any of the above acknowledgements are no longer true, Respondent will notify the Issuing Officer as soon as practicable.

n. By submitting a Proposal, the Respondent agrees to and waives any objections to requirements contained in the solicitation, including any addenda thereto.

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

5 . 3 Firm Response The Commission intends to make an award within 180 days after the date of the opening, during which period Replies shall remain firm and shall not be withdrawn. If an award is not made within 180 days, the Reply shall remain firm until the Commission enters into a Contract or the Commission receives from the Respondent written notice that the Reply is withdrawn.

5.4 Clarifying Information

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

5.5 Public Records

Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, Florida Statutes, provides a broad definition of “public record.” As such, the entirety of the Replies are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Reply to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Commission with a separate, redacted copy of its Reply. 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 Commission’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, Florida Statutes, Replies are exempt from production in response to public records requests until such time as the Commission provides notice of an intended decision or until 30 days after opening the Replies, whichever is earlier. After that time, the Commission 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, Florida Statutes, the Florida Constitution, or other authority, to which documents that are marked as “confidential” are responsive, the Commission will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the Commission 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, Florida Statutes, or other applicable law.

If the Commission becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Commission 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 Commission will provide the unredacted materials to the requester.

By submitting a Reply, the Respondent agrees to protect, defend, and indemnify the Commission for all claims arising from or relating to the Respondent’s determination that the redacted portions of its Reply 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 Commission is authorized to produce the entire material submitted to the Commission in response to a public records request for, or demand for discovery or disclosure of, these records.

5.6 Protests

Any protest concerning this solicitation should be made in accordance with sections 120.57(3) and 287.042(2), Florida Statutes, and chapter 28-110 of the Florida Administrative Code. Any communication not in accordance with these sections or the solicitation, including questions to the Issuing Officer, will not constitute formal notice of a protest.

5.7 MFMP Registration and Florida Substitute Form W-9 Process The awarded Respondent, if any, must have completed this process prior to Contract execution. For additional information, please visit: https://vendor.myfloridamarketplace.com/.

The awarded Respondent will be required to pay the required MFMP transaction fee(s) as https://vendor.myfloridamarketplace.com/ specified in Section 14 of the PUR 1000, unless an exemption has been requested and approved prior to the award of the Contract, pursuant to Rule 60A-1.031(2) of the Florida Administrative Code.

The awarded Respondent, if any, must complete a Florida Substitute Form W-9 prior to Contract execution. 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/.

5.8 Cost of Reply Preparation

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

5.9 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 Reply each is submitting. Additionally, a Respondent shall not induce any other Respondent to modify, withdraw, submit, or not submit a Reply.

5.10 Commission’s Rights to Reject Replies

The Commission may reject any Reply not submitted in the manner specified by this solicitation.

Replies 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 Replies, 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 Commission reserves the right to determine which Replies meet the requirements of this solicitation and which Respondents are responsive and responsible.

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 Commission still reserves the right to waive any minor irregularity if the Commission 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 Commission’s discretion, it provides a substantial advantage to one Respondent over another or has a potentially significant effect on the quality of the Reply or on the cost to the State.

5.11 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 Reply is found to contain false or erroneous information after Contract award, the Contract may be terminated, and the Commission may pursue any other legal action available.

https://flvendor.myfloridacfo.com/

ATTACHMENT A

REQUEST FOR PROPOSAL (RFP)

RFP No: RFP FGCC 23/24-03

STANDARD CONTRACT

CONTRACT No. 23-00004 CSFA No. 41.50

THIS CONTRACT (the “Contract”) is entered into between the Florida Gaming Control Commission (the "Commission”) and _________________________________, hereinafter referred to as the "Contractor” and together with the Commission, the “Parties” and individually a “Party.” The Commission and Contractor agree as follows:

1. Purpose. The Commission is engaging the Contractor for the purpose of provision of services related to the prevention of compulsive and addictive gambling as required by section 551.118, Florida Statutes, as further described in Attachment I hereto and made a part hereof (the “Contracted Services”) The Contractor shall perform all tasks and provide units of deliverables, including reports, findings, and drafts, as specified in the Contract (the “Deliverables”).

2. Effective and Ending Dates. The Contract shall begin on July 1, 2024, or on the date on which the Contract has been signed by the last party required to sign it, whichever is later.

It shall end at midnight, Eastern Standard Time, on June 30, 2026, or the date this Agreement is terminated, whichever occurs first.

3. Extension. Section 287.057(13), Florida Statutes, provides that contracts for commodities or contractual services may be extended in writing for a period not to exceed six

(6) months from the contract end date and is subject to the same terms and conditions set forth in the initial contract and any written amendments signed by both parties. There may be only one extension of the Contract unless the failure to meet the criteria set forth in the contract for completion of the Contract is due to events beyond the control of the Contractor.

4. Renewal. Section 287.057(14), Florida Statutes, provides that contracts for commodities or contractual services may be renewed for a period of up to three (3) years, or for a period no longer than the term of the original contract, whichever period is longer, subject to the availability of funds and satisfactory performance evaluations by the Commission. Renewals are at the discretion of the Commission. Contract renewals are subject to the same terms and conditions of the original contract and any subsequent written amendments that have been signed by both parties.

https://flgaming.gov/

The Contract:

a. may not be renewed;

b. may be renewed for a period not to exceed one (1) year;

c. may be renewed for a period not to exceed two (2) years;

d. may be renewed for a period not to exceed three (3) years; or

e. may be renewed for a period not to exceed the original term of the Contract.

5. Payment for Services. The Commission shall pay for Contracted Services according to the terms and conditions of the Contract. The total amount of payment shall not exceed $2,000,000 in a fiscal year, subject to the availability of funds and satisfactory performance of all terms by the Contractor. Prior to payment, the Deliverables must be received and accepted by the Commission’s Contract Manager, subject to subsequent audit and review and to the satisfaction of the Commission in accordance with sections 20 and 21 of this contract.

The State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under the Contract.

6. Contract Document. The Contractor shall provide the Contracted Services in accordance with the terms and conditions specified in the Contract, including its attachments, and any exhibits referenced in said attachments, together with any documents incorporated by reference, which contain all the terms and conditions agreed upon by the parties. The PUR 1000 Form (10/06 version) is hereby incorporated into and made a part of the Contract by reference. Sections 1.d., 2-4, 6, 8-13, 19, 22, 23, 27, 31, and 35 of the PUR 1000 Form are not applicable to the Contract. In the event of any conflict between the PUR 1000 Form and any other terms or conditions of the Contract, such other terms or conditions shall take precedence over the PUR 1000 Form.

7. Compliance with Statutes, Rules and Regulations. In performing its obligations under the Contract, the Contractor shall without exception comply with State and Federal laws, rules and regulations relating to its performance under the Contract, including but not limited to those described in Section 36 of the Contract.

8. Inspections and Corrective Action. The Contractor shall permit all persons who are duly authorized by the Commission to inspect and copy any records, papers, documents, facilities, goods, and services of the Contractor that are relevant to the Contract, and to interview any clients, employees, and subcontractor employees of the Contractor to assure the Commission of the satisfactory performance of the terms and conditions of the Contract.

Following such review, the Commission will deliver to the Contractor a written report of its findings, and may direct the development, by the Contractor, of a corrective action plan where appropriate. The Contractor hereby agrees to timely correct all deficiencies identified in the corrective action plan. This provision will not limit the Commission’s termination rights under Section 32 of the Contract.

9. Independent Contractor, Subcontracting and Assignments.

a. In performing its obligations under the Contract, the Contractor shall at all times act in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida, except where the Contractor is a state agency. Neither the Contractor nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the Commission by virtue of the Contract, unless specifically authorized in writing to do so. The Contract does not create any right in any individual to state retirement, leave benefits or any other benefits of state employees as a result of performing the duties or obligations of the Contract.

b. The Contractor shall take such actions as may be necessary to ensure that it and each subcontractor of the Contractor will be deemed to be an independent contractor and will not be considered or permitted to be an officer, employee, or agent of the State of Florida. The Commission will not furnish services or support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Contractor or its subcontractor or assignee unless specifically agreed to by the Commission in the Contract. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance for the Contractor, the Contractor’s officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Contractor.

c. The Contractor shall not assign the responsibility for the Contract to another party without prior written approval of the Commission, upon the Commission’s sole determination that such assignment will not adversely affect the public interest. However, in no event may the Contractor assign or enter into any transaction having the effect of assigning or transferring any right to receive payment under the Contract which right is not conditioned on full and faithful performance of the Contractor’s duties hereunder. Any sublicense, assignment, or transfer otherwise occurring without prior approval of the Commission shall be null and void. The Contractor shall not subcontract for any of the work contemplated under the Contract without prior written approval of the Commission, which shall not be unreasonably withheld.

d. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under the Contract to another governmental agency in the State of Florida or to a contractor of the Commission’s selection, upon giving prior written notice to the Contractor. In the event the State of Florida approves transfer of the Contractor’s obligations, the Contractor remains responsible for all work performed and all expenses incurred in connection with the Contract. The Contract shall remain binding upon the lawful successors in interest of the Contractor and the Commission.

e. To the extent permitted by Florida Law, and in compliance with Section 9.c., the Contractor is responsible for all work performed and for all commodities produced pursuant to the Contract whether furnished by the Contractor or by its subcontractors. Any subcontracts shall be evidenced by a written document. The Contractor further agrees that the Commission shall not be liable to the subcontractor in any way or for any reason relating to the Contract.

f. The Contractor shall include in all subcontracts (at any tier) the substance of all clauses contained in the Contract that mention or describe subcontract compliance.

g. To the extent that a subcontract provides for payment after Contractor’s receipt of payment from the Commission, the Contractor shall make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from the Commission in accordance with section 287.0585, Florida Statutes, unless otherwise stated in the contract between the Contractor and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the Contractor and paid by the Contractor to the subcontractor in the amount of one-half of one percent of the amount due, per day, from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding balance due.

10. Provider Liability and Indemnity.