RFP FGCC 25 26-11.pdf

RFP No. FGCC 25/26-11 Independent Testing Lab Services

REQUEST FOR PROPOSALS (RFP)

INDEPENDENT TESTING LAB SERVICES

RFP No: RFP FGCC 25/26-11

DEADLINE FOR QUESTIONS: 4/22/2026

RESPONSES ARE DUE BY: 6/2/2026

MAIL OR DELIVER RESPONSES TO:

Florida Gaming Control Commission Division of Administration

Procurement Officer: Lisa Mustain, Director of Administration 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, 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.

mailto:Shane.Phillips@flgaming.gov https://flgaming.gov/

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 and 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. Any communication not in accordance with these sections, including questions to the Procurement Officer, will not constitute formal notice of a protest.

NOTICE PURSUANT TO SECTION 287.057(25), FLORIDA STATUTES

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 Procurement 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:Clerk@flgaming.gov

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION

1.1 Purpose

1.2 Timeline of Events

1.3 Definitions

SECTION 2 - THE RFP PROCESS

2.1 General Overview

2.2 General Instructions to Respondents (PUR 1001)

2.3 Procurement Officer

2.4 Objective

2.5 Term

2.6 Renewal

2.7 Scope of Work

2.8 Limitation on Contract with Government Personnel (Subsection 287.057(25), Florida Statutes.)

2.9 Special Accommodations

2.10 Governance

2.11 Contractors and Subcontractors

2.12 Questions and Answers

2.13 Modifications and Withdrawal

2.14 Addenda to the RFP

2.15 Public Opening

2.16 Mandatory Responsive Requirements

2.17 Technical Evaluation

2.18 Other FGCC Rights for Evaluation of Technical Proposals

2.19 Cost Evaluation

2.20 Scoring Methodology

2.21 Equal Proposals

SECTION 3. AWARD

3.1 Award Selection

3.2 Selection Criteria

3.3 Basis of Award

3.4 Electronic Posting of Notice of Intended Award

3.5 Post Award Requirements

3.6 Contract Formation

SECTION 4 - RESPONDING TO THE RFP

4.1 General Instructions

4.2 Proposal Contents

4.3 Copies of Proposals

4.4 Proposal RFP Labeling

4.5 Electronic Submission of Proposals

4.6 Terms and Conditions

4.7 Questions

SECTION 5 – SPECIAL INSTRUCTIONS

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

5.2 Provision of Commodities Produced by Forced Labor; Denial of Revocation of the Right to Transact Business with Agencies…………………………………………..17

5.3 Prohbition Against Contracting with Scrutinized Companies or Entities

5.4 Respondent’s Representation and Authorization

5.5 Firm Response

5.6 Clarifying Information…………………………………………………………………………19

5.7 Control and Ownership of Intellectual Property

5.8 Public and Confidential Records

5.9 Protests

5.10 MFMP Registration and Florida Substitute Form W-9 Process

5.11 Cost of Proposal Preparation

5.12 Independent Preparation……………………………………………………………………..22

5.13 FGCC’s Rights to Reject Proposals…………………………………………………… .. …22

5.14 False or Erroneous Information

ATTACHMENT A……………………………………………………………………………………….23

ATTACHMENT B……………………………………………………………………………………….32

ATTACHMENT C……………………………………………………………………………………….34

ATTACHMENT D……………………………………………………………………………………….35

ATTACHMENT E……………………………………………………………………………………….37

ATTACHMENT F……………………………………………………………………………………….38

ATTACHMENT G……………………………………………………………………………………….55

ATTACHMENT H……………………………………………………………………………………….57

ATTACHMENT I………………………………………………………………………………………...59

ATTACHMENT J………………………………………………………………………………………..61

ATTACHMENT K……………………………………………………………………………………….62

ATTACHMENT L………………………………………………………………………………………..64

ATTACHMENTS 1.0

# Name Signature Required

Attached for

Reference

Mandatory - To Be Completed and Returned

A

Scope of Work

B

Evaluation Criteria

C Mandatory Evaluation Requirements

D Reference Form

E Staffing Plan and Summary of Experience, Capabilities and Project Resources

F FGCC Draft Contract

G Cost Proposal

H Affidavit – Notice of Trade Secret

I Certifications and Assurances

J Conflict of Interest Certification

K PUR 2024

L PUR 7801

SECTION 1 - INTRODUCTION

1.1 Purpose

The State of Florida, Florida Gaming Control Commission (FGCC), is responsible for regulating authorized gaming activities under Chapter 550 and 551, and Section 849.086, F.S., and detecting, apprehending, and arresting for violations of the Florida gambling laws. As part of its regulatory and investigative functions, the agency frequently conducts investigations of legal and illegal gambling devices that are found in the normal course of business. The FGCC is seeking the services of a Contractor to aid the FGCC in (a) conducting comprehensive forensic reviews of gambling devices, (b) consult on the drafting of administrative rules, and (c) provide expert services as part of investigations at court or legal trials or proceedings and (d) Conduct independent tests of slot machines as outlined in Rule 75-14.038(1), Florida Administrative Code.

FGCC is issuing this solicitation to establish a contract.

FGCC intends to award one contract. The Contract will have an anticipated annual spend not to exceed $200,000.00 per year, though, there is no minimum guaranteed spend. The FGCC will issue a subsequent Contract/Purchase Order (“PO”) with a specific Scope of Work to one Contractor who will be selected to perform services.

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 Vendor Information Portal (VIP) 5:00 p.m.

4/15/2026

Deadline to submit questions to Procurement Officer 5:00 p.m. 4/22/2026

Anticipated date of posting Q&A on VIP 5:00 p.m. 5/1/2026

Deadline for submitting Proposal and all required documents to the Procurement Officer:

Florida Gaming Control Commission Division of Administration Attn: Lisa M. Mustain, Director of Administration 4070 Esplanade Way, Suite 250

5:00 p.m. 6/2/2026

Timeline of Events

Event

Time (Eastern Time) Date

(Fax & Email Not Acceptable)

Public Proposal Opening:

Conference Room TBD 4070 Esplanade Way, Suite 250 Tallahassee, FL 32399

2:00 p.m. 6/3/2026

Anticipated date to post Notice of Intent to Award on VIP. NA 6/22/2026

Anticipated Contract start date NA 7/1/2026

1.3 Definitions

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

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

Commission – The Florida Gaming Control Commission or “FGCC”.

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 that enters a Contract with the FGCC as a result of this solicitation.

Cost Proposal – A Respondent’s completed Attachment G – Cost Proposal, which the Procurement Officer will score.

MyFloridaMarketPlace (MFMP) – The State’s eProcurement system. MyFloridaMarketPlace is accessible at: https://www.dms.myflorida.com/business_operations/state_purchasing/myflorida marketplace.

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

Respondent – A vendor or contractor that has submitted a proposal in response 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.

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

Responsive Vendor/Contractor – A vendor or contractor that has submitted a proposal 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 FGCC’s contract with the Contractor upon FGCC 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 of Florida’s vendor registration, supplier development, and bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

SECTION 2 - THE RFP PROCESS

2.1 General Overview

The Respondent’s original Proposal is the paper submission, not the electronic submission, the original proposal must be received by the Procurement Officer at the address in Section 2.3 by the deadline to submit proposals specified in Section 1.2.

Proposals received after the deadline specified in Section 1.2 will be returned to the Respondent unopened.

The FGCC 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 a reduction in scoring during the evaluation.

The FGCC may accept or reject any and all proposals and waive any minor irregularity, technicality, or omission if the FGCC 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 proposal must 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 Procurement Officer

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

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2F&data=05%7C01%7CNicole.Walker%40dms.fl.gov%7Cd38a3a6eff994d8181eb08db23fcb675%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638143340533516786%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=bawWG1kiSF9B%2FuvjOVIaeISbWDXkUETlOGDnzvbL0RI%3D&reserved=0 https://www.myflorida.com/apps/vbs/adoc/F7783_StateofFloridaPUR1001and1000.pdf

The contact information for the Procurement Officer is:

Name: Lisa Mustain, PMP, CPPB, FCCM, FCCN Division of Administration State of Florida, Florida Gaming Control Commission 4070 Esplanade Way, Suite 250

Email: Lisa.Mustain@flgaming.gov

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

2.4 Objective

The FGCC is issuing this RFP to establish a Contract for Independent Testing Lab Services. The FGCC reserves the right to award to one Respondent, statewide or by region, or to make no award, as determined to be in the best interest of 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 two (2) 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 FGCC 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 A, Scope of Work. “May” or “Should” indicates something that is not mandatory but permissible/desirable. If a Proposer fails to provide recommended information, the FGCC may, at its sole option, ask Respondents to provide the information or evaluate the Proposal without the information. “Must,” “shall,” “will” indicates a mandatory requirement. Failure to meet any mandatory requirements may result in the FGCC’s sole discretion, in the rejection of your proposal.

2.8 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 FGCC posting the Notice of Intended Award, excluding Saturdays, Sundays, and state holidays any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Proposal.

mailto:Lisa.Mustain@flgaming.gov

2.9 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).

2.10 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.

2.11 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 FGCC. The proposed use of subcontracts should be included in the Respondent’s Proposal.

2.12 Questions and Answers

The FGCC invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted to the Procurement Officer by the time and date reflected in Section 1.2. 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.

2.13 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 Procurement 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.

2.14 Addenda to the RFP

The FGCC reserves the right to modify this solicitation by addenda. The 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 Proposal.

2.15 Public Opening

Proposals will be opened on the date and at the location indicated in Section 1.2. Respondents are not required to attend. The FGCC will only announce the names of Respondents who submitted a Proposal at this public meeting, in accordance with section 119.071(1)(b), Florida Statutes.

mailto:ADA.Coordinator@flgaming.gov

2.16 Mandatory Responsive Requirements

Bidders shall provide all required documentation listed in Attachment C to be responsive.

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

2.17 Technical Evaluation

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

2.18 Other FGCC Rights for Evaluation of Technical Proposals

The FGCC reserves the right at any time during the Evaluation Process to:

1. Conceal pricing information from evaluators or provide instruction0s to the evaluators to disregard pricing information in their evaluation of a Responsive Proposal.

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

2.19 Cost Evaluation

The FGCC will review and score the Cost Proposals received from responsive and responsible Respondents.

2.20 Scoring Methodology

The scoring methodology is outlined below:

2.20.1 Technical Proposal - 80 Available Points

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

2.20.2 Cost Proposal – 20 Available Points

The Respondent may be awarded up to 20 points for its Cost Proposal. The FGCC 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 B, Evaluation Criteria.

Proposal Available Points

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

2.21 Equal Proposals

If there are no multiple awards contemplated in the RFP, and the FGCC receives equal Proposals eligible for the award, the FGCC 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. In order to clarify the Respondents’ status with regard to the applicable statutory preference requirements, the FGCC may request information from Respondents with equal eligible Proposals. A Respondent will not be permitted to amend or supplement its Proposal 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 to this RFP:

Technical proposals, Qualification, Experience, and Project Resources will be scored by the evaluation team based on the evaluation criteria specified in Attachment B, 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, Qualification, Experience, and Project Resources score. Cost Proposals, Attachment G, will be scored by the Procurement 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 formula provided in Attachment B, Evaluation Criteria. Each respondent’s overall score will consist of the average technical proposal score plus the cost proposal score. Proposals that do not include required elements, such as licensing costs, will be rejected.

3.3 Basis of Award

The FGCC intends to award a Contract for Independent Testing Lab Services to a Respondent who offers the best value to the State. However, the FGCC 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 FGCC reserves the right to accept or reject all Proposals or separable portions and to waive any minor irregularity, technicality, or omission if the FGCC 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 restricts or stifles competition. The FGCC has the right to use any or all ideas or adaptations of the ideas presented in any Proposal. Selection or rejection of a Proposal will not affect this right.

3.4 Electronic Posting of Notice of Intended Award

At the conclusion of the evaluation of the proposals, the FGCC will announce its intended decision. Notice will be posted on the state’s Vendor Information Portal. The FGCC 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 FGCC shall electronically post a Notice of Intended Award on VIP for review by interested parties at the time and location specified in Section 1.2.

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

A draft standard contract is included in this RFP (Attachment F). The FGCC intends to enter a 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 FGCC. 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: https://dms-media.ccplatform.net/content/download/1907/file/PUR%201001%20General%20Instructions%2 0to%20Respondents.doc

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 industry-specific language. The FGCC will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part https://dos.myflorida.com/sunbiz/ https://flvendor.myfloridacfo.com/ https://dms-media.ccplatform.net/content/download/1907/file/PUR%201001%20General%20Instructions%20to%20Respondents.doc https://dms-media.ccplatform.net/content/download/1907/file/PUR%201001%20General%20Instructions%20to%20Respondents.doc https://dms-media.ccplatform.net/content/download/1907/file/PUR%201001%20General%20Instructions%20to%20Respondents.doc of a Respondent’s Proposal. In submitting its Proposal, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

The Respondent must organize its proposal submittal contents as follows:

4.2.1 Mandatory Submittal 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.

4.2.1.1 Technical Proposal (Sealed Separately)

4.2.1.2 References (Attachment D)

4.2.1.3 Staffing Plan & Summary of Experience, Capabilities, and Project

Resources (Attachment E)

4.2.1.4 Cost Proposal (Sealed Separately – Attachment G)

4.2.1.5 Affidavit, Notice of Trade Secret (Attachment H)

4.2.1.6 Certifications and Assurances (Attachment I)

4.2.1.7 Conflict of Interest Certification (Attachment J)

4.2.1.8 PUR 2024 Part A and Part B Form (Attachment K)

4.2.1.9 PUR 7081 Form (Attachment L)

4.2.1.10 Confirmation that Contractor possesses a license as an Independent

Testing Lab under 75-14.007, Florida Administrative Code.

4.3 Copies of Proposals

Respondents must submit the following copies:

4.3.1 Technical Proposal

One (1) original paper, 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 5.6 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).

4.3.2 Cost Proposal

One (1) original paper proposal, signed, and sealed Attachment G, 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 G, 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 Section 1.2. No additional documentation should be included in the Cost Proposal envelope.

4.4 Proposal RFP Labeling

4.4.1 Technical Proposal (Sealed Separately)

The Original Technical (Paper) Proposal must be sealed and received by the FGCC by the date provided in Section 1.2 and identified on the exterior of the mailing envelope/box.

FGCC RFP 25/26-11

Independent Testing Lab Services Due: 6/2/2026 Respondent’s Name:

TECHNICAL PROPOSAL

4.4.2 Cost Proposal (Sealed Separately)

It is mandatory that the Respondent’s Original (Paper) Cost Proposal be in a separate sealed envelope and received by the FGCC by the date provided in Section 1.2 and identified on the exterior of the mailing envelope/box.

FGCC RFP 25/26-11

Independent Testing Lab Services Due: 6/2/2026 Respondent’s Name:

COST PROPOSAL

4.5 Electronic Submission of Proposals

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

4.6 Terms and Conditions

All Proposals are subject to the terms of this solicitation.

The FGCC will not accept any unrequested terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s Proposal. In submitting its Proposal, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

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 or proposal on a contract to provide any goods or services to a public entity; may not submit a bid or proposal 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 proposals 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 or proposal on a contract to provide any goods or services to a public entity; may not submit a bid or proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids or proposals 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 or proposal for any new contract to provide any goods or services to a public entity; may not submit a bid or proposal 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 or proposal 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.

d. Registration with the Florida Department of State 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/.

5.2 Provision of Commodities Produced by Forced Labor; Denial or Revocation of the Right to Transact Business with Agencies

Pursuant to section 287.1346, F.S., a company placed on the Forced Labor Vendor List may not submit a bid, proposal, or reply on a contract to provide commodities to an agency; be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities; or transact business for the provision of commodities with an agency. Additionally, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with a company on the forced labor vendor list, or an entity under the control of such company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list pursuant to section 287.1346(5)(d), F.S.

https://dos.myflorida.com/sunbiz/

5.3 Prohibition Against Contracting with Scrutinized Companies or Entities

Respondent must comply to section 287.135, Florida Statutes.

5.4 Respondent’s Representation and Authorization

In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the following:

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

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

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

d. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any other Respondent or potential Respondent, and they will not be disclosed before the solicitation opening.

e. The Respondent has fully informed the FGCC 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 Proposal and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Proposal.

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

l. All information provided by, and representations made by the Respondent are material and important and will be relied upon by the FGCC in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the FGCC and Customers of the true facts relating to submission of the Proposal. 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 Procurement 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 FGCC reserves the right to deem the Respondent non-responsive or non-responsible based on any information provided in, or omitted from, the Respondent’s Proposal related to the certifications of this section.

5.5 Firm Response

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

5.6 Clarifying Information

The FGCC may request, and Respondent shall provide, clarifying information or documentation.

Failure to supply the information or documentation as requested may result in the Proposal being deemed non-responsive.

5.7 Control and Ownership of Intellectual Property

At all times during the term, the FGCC reserves the right, in its sole and absolute discretion and with or without notice, to approve, reject, cancel, withdraw, revise and otherwise control (including without limitation any use, quality, appearance, style, medium, delivery, publication, distribution, dissemination, broadcast or physical location thereof), in whole or in part, any and all Intellectual Property (as hereinafter defined) created by or used by or licensed to Contractor, or otherwise in connection with or relating to this Contract.

All rights, title, and interest, including copyright, trademark and trade name interests and any other intellectual property, in and to the work developed or produced under the Contract, alone or in combination with FGCC and/or its employees, under this contract shall be the property of FGCC.

Contractor agrees that any contribution by the Contractor or its employees to the creation of such works, including all copyright, trademark and trade name interests therein, shall be considered works made for hire by the Contractor for FGCC and that such works shall, upon their creation, be owned exclusively by FGCC. To the extent that any such works may not be considered works made for hire for FGCC under applicable law, Contractor agrees to assign and, upon their creation, automatically assigns to FGCC the ownership of such works, including copyright and trademark and trade name interests and any other intellectual property therein, without the necessity of any further consideration.

5.8 Public and Confidential 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 Proposals are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Proposal to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the FGCC with a separate, redacted copy of its Proposal. For each redacted portion, 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 FGCC’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, Proposals are exempt from production in response to public records requests until such time as the FGCC provides notice of an intended decision or until 30 days after opening the Proposals, whichever is earlier. After that time, the FGCC 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 FGCC will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the FGCC 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 FGCC becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the FGCC will give the Respondent notice of the demand or request. It will be the Respondent’s responsibility to take 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 FGCC will provide the unredacted materials to the requester.

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

The Contractor agrees to maintain the confidentiality of all records required by law or administrative rule to be protected from disclosure. The Contractor further agrees to hold the FGCC harmless from any claim or damage including reasonable attorney’s fees and costs or from any fine or penalty imposed because of an improper disclosure by the Contractor or confidential records whether public record or not and promises to defend the FGCC against the same at its expense. The Contractor shall maintain all records required to be maintained pursuant to the resulting contract in such manner as to be accessible by the FGCC upon demand. Where permitted under applicable law, access by the public shall be permitted without delay.

It is expressly understood that Contractor’s refusal to comply with Chapter 119, F.S., shall constitute an immediate breach of the contract resulting from this RFP and entitles the FGCC to cancel the contract unilaterally. Contractor shall be required to promptly notify the FGCC of any requests made for public records.

5.9 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 Procurement Officer, will not constitute formal notice of a protest.

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's 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 (FGCC), 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), FLORIDA STATUTES

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 Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Proposal.

NOTICE PURSUANT TO SECTION 287.05701, FLORIDA STATUTES

The FGCC 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 FGCC may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

5.10 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 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/.

5.11 Cost of Proposal Preparation

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

https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/

5.12 Independent Preparation

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

5.13 FGCC’s Rights to Reject Proposals

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

Proposals that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Proposals, references, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as not responsible. The FGCC reserves the right to determine which Proposals 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 FGCC still reserves the right to waive any minor irregularity if the FGCC 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 FGCC’s discretion, it provides a substantial advantage to one Respondent over another or has a potentially significant effect on the quality of the Proposal or on the cost to the State.

5.14 False or Erroneous Information

A Respondent who submits false or erroneous information may be deemed non- responsible, non-responsive or not awarded a Contract. If the Respondent’s Proposal is found to contain false or erroneous information after Contract award, the Contract may be terminated, and the FGCC may…