RFP - Food, Water, and Ice for Emergency Operations.pdf

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

Any protest concerning this agency decision or intended decision must be timely filed with the Department of Management Services’ Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950.

Protests may also be filed by fax at 850-922-6312, or by email at agencyclerk@dms.fl.gov. It is the filing party's responsibility to meet all filing deadlines.

The Procurement Officer should be copied on such filings.

The State of Florida

Department of Management Services

Request for Proposals (RFP)

Food, Water, and Ice for Emergency Operations

RFP No: 23-93131800-RFP

Heather Drymon, Procurement Officer

4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950

850-487-9288 Heather.Drymon@dms.fl.gov

Division of State Purchasing 4050 Esplanade Way, Suite 360

Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary mailto:agencyclerk@dms.fl.gov mailto:Heather.Drymon@dms.fl.gov

TABLE OF CONTENTS

1 INTRODUCTION

1.1 Timeline of Events

1.2 Definitions

1.3 Objective

1.4 Scope of Work

1.5 Term

1.6 Procurement Officer

1.7 Order of Precedence for Solicitation

1.8 Commitment to Diversity

1.9 Department’s Rights to Reject Proposals

2 THE RFP PROCESS

2.1 Question Submission

2.2 Addenda to the RFP

2.3 Public Opening

2.4 Special Accommodations

2.5 Technical Evaluation

2.6 Mandatory Responsive Requirements

2.7 Preference to Florida Businesses

2.8 Equal Proposals

2.9 Basis of Award

2.10 Electronic Posting of Notice of Intent to Award

2.11 Contract Formation

2.12 Other Requirements Following Award

2.12.1 Registration with the Florida Department of State

2.12.2 Florida Substitute Form W-9

2.12.3 Preferred Pricing Affidavit

3 RESPONDING TO THE RFP

3.1 General Instructions

3.2 Special Instructions

3.4 Modification or Withdrawal of Proposal

3.5 Cost of Proposal Preparation

3.6 Independent Preparation

3.7 False or Erroneous Information

1 INTRODUCTION

1.1 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the responsibility of the Respondent to check for any changes on the Vendor Information Portal (VIP) and in the Business Network.

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

Timeline of Events

Event

Time (Eastern Time) Date

Solicitation posted on VIP and in the Business Network July 10, 2023

Public Meeting: Non-mandatory Pre-Proposal Conference

In-Person Attendees:

Department of Management Services 4050 Esplanade Way Conference Room 101 Tallahassee, FL 32399

Virtual Option:

https://meet.goto.com/744161157

10:00 AM July 20, 2023

Deadline to submit questions in the Business Network 2:00 PM July 28, 2023

Department’s anticipated date of posting Q&A on VIP and in the Business Network August 15, 2023

Deadline to submit Proposal and all required documents in the Business Network 2:00 PM September 5, https://meet.goto.com/744161157

Timeline of Events

Event

Time (Eastern Time) Date

Public meeting: Proposal opening (non-mandatory)

In-Person Attendees:

Department of Management Services 4050 Esplanade Way Conference Room 101 Tallahassee, FL 32399

Virtual Option:

https://meet.goto.com/583492605

2:01 PM September 5, Anticipated period for evaluations

September 12, 2023 – October 3, 2023

Anticipated date to post Notice of Intent to Award on VIP and in the Business Network October 17, 2023

Anticipated Contract start date November 1, 2023

1.2 Definitions

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment G, Special Contract Conditions; and the https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions _to_Respondents.pdf (PUR 1001, General Instructions to Respondents (10/06)) are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this RFP document. All definitions apply in both their singular and plural sense.

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

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

Category – The type of Products to be provided under this Contract. The Categories are Food, Water, and Ice, respectively.

Commodity – As defined in section 287.012(5), F.S., including Food, Water, or Ice delivered under this contract. The term Commodity may be used interchangeably with the term Product.

https://meet.goto.com/583492605 https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Commodity Code – The State’s numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodities and services.

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

Contract – The written agreement between the Department and the awarded Respondents resulting from this solicitation.

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

Customer – A State Agency or Eligible User.

Department – The Department of Management Services (DMS), a State Agency.

Food Grade Ice – Ice that meets minimum standard for human consumption and is permitted to come in contact with food. Food Grade Ice must meet State and federal standards for consumption. All Ice provided under this Contract shall be Food Grade Ice. The term Food Grade Ice may be used interchangeably with the term Ice.

Potable Water – Treated water that is safe for human consumption and food preparation.

Potable Water must meet State and federal standards for consumption. All water provided under this Contract shall be Potable Water. Potable Water is further described and explained in Attachment A, Scope of Work, section 3.2.

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

Respondent – A Vendor who submits a Proposal.

Shelf Stable Meals – Non-perishable meals that can be safely stored at room temperature. All meals provided under this Contract shall be Shelf Stable Meals. The term Shelf Stable Meals may be used interchangeably with term Meals.

State – The State of Florida

Truckload – A Truckload (TL) is the amount of Product that can be transported on a standard 53’ tractor trailer. The standard pallet count for each Commodity is provided below:

Potable Water – Between 20 and 22 pallets of Potable Water per TL Food Grade Ice – Between 20 and 24 pallets of Food Grade Ice per TL Shelf Stable Meals – Between 50 and 52 pallets of Shelf Stable Meals per TL

Unit(s) – A standard measurement of a single quantity for each Commodity. The standard Unit of measurement for each Commodity is included below:

Potable Water – one liter; all pricing shall be per liter Food Grade Ice – one pound; all pricing shall be per pound Shelf Stable Meals – one meal; all pricing shall be per meal

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

1.3 Objective

The Department is issuing this RFP to establish a State Term Contract for Food, Water, and Ice for Emergency Operations which will replace Potable Water and Food Grade Ice for Emergency Operations Contract No. 390-000-13-1.

Potable Water and Food Grade Ice for Emergency Operations Contract No. 390-000-13-1 had an annual spend of $2,853,019 for Fiscal Year 2020-2021, and $55,488 for Fiscal Year 2021- 2022. Historical spend is provided for informational purposes only and should not be construed as representing actual, guaranteed, or minimum spend under a new Contract. This Contract is primarily intended to be used for purposes of emergency and disaster response.

1.4 Scope of Work

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

1.5 Term

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

1.6 Procurement Officer

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

Heather Drymon Purchasing Analyst, Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Phone: 850-487-9288 Email: Heather.Drymon@dms.fl.gov

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

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

1.7 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this RFP, the conflict will be resolved in the following order of priority (highest to lowest):

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

b) Attachment A, Scope of Work

c) Attachment C, Cost Proposal

d) Attachment D, Technical Proposal Instructions and Evaluation Criteria

e) Attachment F, Additional Special Contract Conditions

f) Attachment G, Special Contract Conditions

g) Attachment E, Draft Contract

h) This RFP document

i) Other RFP attachments https://vendor.myfloridamarketplace.com/ mailto:Heather.Drymon@dms.fl.gov

1.8 Commitment to Diversity

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

http://vendor.myfloridamarketplace.com.

The Office of Supplier Diversity’s Mentor-Protégé Program connects certified businesses with private business entities for business development mentoring. The Department strongly encourages Vendors doing business with the State to consider becoming a Mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Diversity at 850-487-0915 or by email at:

osdinfo@dms.fl.gov.

1.9 Department’s Rights to Reject Proposals

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

Proposals that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose Proposals, references, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as not responsible. The Department reserves the right to determine which Proposals meet the requirements of this solicitation and which Respondents are responsive and responsible.

In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Department still reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Respondent over another or has a potentially significant effect on the quality of the Proposal or on the cost to the State.

2 THE RFP PROCESS

2.1 Question Submission

The Department invites interested and registered Vendors to submit questions regarding the solicitation. Questions must be submitted in the Business Network by the time and date reflected in the ‘Timeline of Events’ section. Respondents are strongly encouraged to ask any questions regarding this RFP, including the proposed Contract terms and conditions, prior to the deadline to submit questions.

https://vendor.myfloridamarketplace.com/ mailto:osdinfo@dms.fl.gov

2.2 Addenda to the RFP

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

2.3 Public Opening

Proposals will be opened, and the names of Respondents will be announced at a public meeting on the date and at the location indicated in the ‘Timeline of Events’ section. Respondents are not required to attend. In accordance with section 119.071(1)(b), F.S., the Department will not provide other information regarding the received Proposals at the public opening.

2.4 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at 850-922-7535 or ADA.Coordinator@dms.fl.gov at least five Business Days prior to the scheduled event. If hearing or speech-impaired, please contact the ADA Coordinator by using the Florida Relay Service at 800-955-8771 (TDD).

2.5 Technical Evaluation

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

2.6 Mandatory Responsive Requirements

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

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

2.7 Preference to Florida Businesses

Pursuant to the requirements of section 287.084(1)(a), F.S., if the lowest responsible and responsive Proposal is by a Respondent whose principal place of business is located outside the State, and whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, the Department will award a preference to the lowest responsible and responsive Respondent having a principal place of business within Florida, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive Respondent has its principal place of business.

A Respondent whose principal place of business is outside this State must accompany its Proposal with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.

mailto:ADA.Coordinator@dms.fl.gov

2.8 Equal Proposals

In the event that there are no multiple awards contemplated in the RFP, and the Department receives equal Proposals eligible for award, the Department will comply with the following, as applicable: sections 287.057(11), 287.087, 287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Respondents’ status with regard to the applicable statutory perence requriements, the Department may request information from Respondents with equal eligible Proposals. A Respondent will not be permitted to amend or suplement its Proposal in response to such request for clarification.

2.9 Basis of Award

The Contracts will be awarded for each respective Category (Food, Water, and Ice) to the responsible and responsive Respondent(s) determined to be the most advantageous to the State of Florida based on the highest total final scores for each Category. The Department reserves the right to award multiple Contracts through this solicitation. A Respondent may propose offerings in more than one Category and may receive awards for multiple Categories in accordance with the terms of this RFP. A single Contract document will be executed for an awarded Respondent, regardless of the number of Categories awarded.

The Department intends to make multiple statewide awards; however, the Department reserves the right to award to one or multiple Respondents, statewide, or to make no award, as determined to be in the best interest of the State. The Department reserves the right to issue up to four awards per Category to Respondents whose total final score is within 20% of the highest total final score for that Category.

A Respondent’s total final score for a Category will be determined by combining the Cost Proposal score and the average of the evaluator’s Technical Proposal scores. The Department will consider pricing for initial and renewal terms as submitted by the Respondent. A Respondent will receive a score for each of the respective Categories for which it provides a Cost Proposal. Each respective Cost Proposal Score will be added to the Respondent’s singular Technical Score to determine the Respondent’s final score for each Category included in the Response. The scoring methodology for the total final score is outlined below:

Proposal Available Points

A. Technical Proposal submitted in accordance with the terms in Attachment D, Technical Proposal and Evaluation Criteria

B. Attachment C, Cost Proposal for the corresponding Category 400

Total Available Points (A + B) 1,000

2.10.1 Technical Proposal – 600 Points Available

The Respondent shall be awarded up to 600 points for its submitted Technical Proposal in accordance with the evaluation criteria and methodology outlined in Attachment D, Technical Proposal Instructions and Evaluation Criteria. Only one Technical Proposal from each Respondent will be evaluated for award and shall be applied to all Categories for which the Respondent submits a Cost Proposal.

2.10.2 Cost Proposal – 400 Points Available

For each Category, the Respondent may be awarded up to 400 points for its submitted Cost Proposal. The Respondent must submit all required pricing information per Category as identified in Attachment C, Cost Proposal. The Respondent may include additional Product configurations or offerings in each Category. The Department 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 following methodology:

• Initial Term Pricing: The Respondent with the lowest sum of price per TL for all required Products in the applicable Category plus two days of Transportation Allowance shall receive 240 points. Other Respondents shall receive points based on the following formula:

𝑋𝑋

𝑁𝑁

× 240 = 𝑍𝑍

Where:

X = Lowest sum of price per TL for all required Products in the applicable

Category plus two days of Transportation Allowance N = Respondent’s sum of price per TL for all required Products in the applicable

Category plus two days of Transportation Allowance Z = Points awarded

• Renewal Term Pricing: The Respondent with the lowest price per unit for the applicable Category shall receive 160 points. Other Respondents shall receive points based on the following formula:

𝑋𝑋

𝑁𝑁

× 160 = 𝑍𝑍

Where:

X = Lowest Sum of price per TL for all required Products in the applicable

Category plus two days of Transportation Allowance N = Respondent’s sum of price per TL for all required Products in the applicable

Category plus two days of Transportation Allowance Z = Points awarded

2.10 Electronic Posting of Notice of Intent to Award

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

2.11 Contract Formation

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

The Department intends to enter into Contract(s) with Respondent(s) pursuant to the ‘Basis for Award’ section of this solicitation. No additional documents submitted by a Respondent shall be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Respondent, the additional documents will not be considered for the basis for award.

2.12 Other Requirements Following Award

2.12.1 Registration with the Florida Department of State

If awarded a Contract, and prior to execution of a Contract, the Respondent shall provide a PDF file of its current and active registration with the Florida Department of State or, if exempt from registration, the Respondent shall provide a statement to that effect noting the basis for the exemption. Respondents should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. For additional information, please visit https://dos.myflorida.com/sunbiz/.

2.12.2 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/.

2.12.3 Preferred Pricing Affidavit

It is the responsibility of the awarded Respondent to provide a completed Preferred Pricing Affidavit upon Contract execution and annually thereafter throughout the Contract term. A blank Preferred Pricing Affidavit is included at Attachment I, Preferred Pricing Affidavit.

3 RESPONDING TO THE RFP

3.1 General Instructions

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

3.2 Special Instructions

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

PUR 1001.

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

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

3. Electronic Submission of Proposals. All Proposals shall be submitted through the Business Network. See section 3.3 for more information.

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

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

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

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

7. Convicted Vendor, Discriminatory Vendor, and Antitrust Violator Vendor Lists.

a. Convicted Vendor List.

Pursuant to section 287.133, F.S., a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY TWO for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List.

Pursuant to section 287.134, F.S., an entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Antitrust Violator Vendor List.

Pursuant to section 287.137, F.S., a person or an affiliate who has been placed on the Antitrust Violator Vendor List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

9. Respondent’s Representation and Authorization. In submitting a Proposal, the Respondent certifies that it understands, represents, and acknowledges the following:

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

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

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

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

e. The Respondent has fully informed the Department in writing of all convictions of the Respondent, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the Respondent and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

f. Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or in a position involving the administration of federal funds:

o Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

g. The Products and services offered by the Respondent conform to the specifications contained herein without exception.

h. The Respondent has read and understands the terms and conditions listed in the Draft Contract, and the submission is made in conformance with those terms and conditions.

i. If an award is made to the Respondent, the Respondent agrees that it will execute the Draft Contract.

j. The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Proposal, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Proposal.

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

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

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

14. Firm Response. The Department intends to make an award within 60 days after the date of the opening, during which period Proposals shall remain firm and shall not be withdrawn. If an award is not made within 60 days, the Proposal shall remain firm until the Department enters into a Contract or the Department receives from the Respondent written notice that the Proposal is withdrawn.

15. Clarifying Information. The Department may request, and Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Proposal being deemed non-responsive.

19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Proposals are public records and are subject to disclosure unless exempt from disclosure by law. If the Respondent considers any portion of its Proposal to be Confidential Information, the Respondent is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Proposal. For each portion redacted, the Respondent is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Respondent is to provide its name and the Department’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Respondent claims are Confidential Information are to be redacted.

In accordance with section 119.0701, F.S., Proposals are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the Proposals, whichever is earlier.

After that time, the Department will provide the redacted copy, if any, in response to a public records request.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are responsive, the Department will provide the redacted copy to the requestor. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Respondent such an assertion has been made. It is the Respondent’s responsibility to take the appropriate legal action to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, the Department will give the Respondent notice of the demand or request. It will be the Respondent’s responsibility to take the appropriate legal action in response to the demand and to defend its claims of confidentiality. If the Respondent fails to take appropriate and timely action to protect the materials it has designated as Confidential Information, the Department will provide the unredacted materials to the requester.

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

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

3.3 How to Access the Sourcing Event in MyFloridaMarketPlace

3.3.1 VIP and Business Network Registration Requirements

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit questions and respond to this solicitation event.

To Participate in this solicitation, a Vendor must:

a) Create an account through VIP at https://vendor.myfloridamarketplace.com if not already registered. For information on how to register in VIP, access MFMP training materials using the link in the MFMP Training section below.

b) Once registered in VIP and logged into your company’s VIP account, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate”.

c) The Vendor’s solicitation contact as listed in Vendor’s VIP account will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

If a Vendor is NOT registered in the Business Network, the Vendor must:

a) Register in the Business Network using the provided link received after selecting “Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

1) The Vendor’s contact will receive an email from the Business Network confirming the registration of the Vendor’s account. To activate the Vendor’s account, select the “Click here to activate your Ariba account” link. This will direct the Vendor to the Business Network welcome page.

If a Vendor is registered in the Business Network and has selected it Intends to Participate in this solicitation:

a) Login using the login credentials to gain access to the Business Network home page.

b) To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing (solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

c) Review the “Events” list for the title of this solicitation’s sourcing event.

1) The sourcing event will either be displayed in the “Open” or “Preview” status.

A sourcing event can appear in various statuses based on where the solicitation is in the procurement process. The possible statuses are defined below:

• Completed - The sourcing event is no longer receiving submissions for the solicitation and an agency decision has been posted on VIP

• Open – The sourcing event is currently open for viewing and registered Vendors may respond to the solicitation

• Pending Selection – The sourcing event is no longer receiving submissions for the solicitation, but an agency decision has not yet been posted on VIP

• Preview – The sourcing event has not yet been opened to receive responses, but the details of the solicitation can be viewed by registered Vendors

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

e) In the Event Details page, there is a “Checklist” of steps which must completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

For more information on reviewing and submitting a response, access MFMP training materials using the link in the MFMP Training section below.

ALL VENDORS MUST SELECT ‘INTENDS TO PARTICIPATE’ IN VIP AND SUBMIT THEIR

RESPONSE AND ALL REQUIRED DOCUMENTS IN THE BUSINESS NETWORK BY THE

TIME AND DATE LISTED IN THE TIMELINE OF EVENTS IN ORDER TO PARTICIPATE IN

THIS SOLICITATION.

NOTE: Changes made in VIP, including new registrations, may take up to 48 hours to take effect.

3.3.2 MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website. Please visit:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mf mp_university/mfmp_u_for_vendors to access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network.

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

3.3.3 MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at

(866) 352-3776 or VendorHelp@myfloridamarketplace.com. Note-specific questions regarding this solicitation must be submitted in accordance with the Question Submission section.

3.4 Modification or Withdrawal of Proposal

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

3.5 Cost of Proposal Preparation

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

3.6 Independent Preparation

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

3.7 False or Erroneous Information

A Respondent who submits false or erroneous information may be deemed non-responsible, non-responsive or not awarded a Contract. If the Respondent’s Proposal is found to contain false or erroneous information after Contract award, the Contract may be terminated, and the Department may pursue any other legal action available.

RFP ATTACHMENTS

Attachment A, Scope of Work Attachment B, Mandatory Responsive Requirements Attachment C, Cost Proposal Attachment D, Technical Proposal Instructions and Evaluation Criteria Attachment E, Draft Contract Attachment F, Additional Special Contract Conditions Attachment G, Special Contract Conditions Attachment H, Certification of Drug Free Workplace Attachment I, Preferred Pricing Affidavit

Required Documents to be submitted by vendor prior to RFP opening Vendor’s completed Attachment B, Mandatory Responsive Requirements Vendor’s completed Attachment C, Cost Proposal Vendor’s completed Attachment D, Technical Proposal

Optional Documents to be submitted by vendor prior to RFP opening Vendor’s completed Attachment H, Certification of Drug Free Workplace (if applicable) mailto:VendorHelp@myfloridamarketplace.com