RFP OOE 22 23 71 FINAL.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Request for Proposal (RFP) No: RFP OOE 22 23 71

FLORIDA’S ENERGY ASSURANCE AND SECURITY STUDY

Carmelita Graham, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.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. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS/Department) seeks a contractual service agreement with a qualified Vendor (Contractor/Respondent) to analyze and recommend improvements to the State of Florida’s energy assurance and security plan. These recommended improvements will serve as the foundation for the State Energy Security Plan (SESP) required according to section 366(c) of the Energy Conservation Policy Act (EPCA), as amended by section 40108 of the Infrastructure Investment and Jobs Act (IIJA). The project is federally funded by the U.S. Department of Energy (USDOE). This Request for Proposal and all activities leading toward the anticipated issuance of the contractual services agreement are conducted pursuant to Chapter 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

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

The Department intends to make a single award or to make no award, as determined to be in the best interest of the state.

1.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this Request for Proposal unless modified by the Department by written addendum. All required actions must be completed by the date and time indicated on the timeline.

EVENT DATE/TIME (ET) LOCATION

Release of RFP February 10, 2023 Vendor Information Portal

Last day for written Inquiries to be received by the Department. No questions will be accepted after this date.

March 3, 2023

Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE

SUBJECT LINE OF THE EMAIL**

Anticipated Posting of Written

Responses to Vendor Inquiries

March 10, 2023

Vendor Information Portal

Sealed Proposals Due

March 24, 2023

5:00 PM

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Proposals

March 27, 2023

10:00 AM

Teleconference Number: 1 (888) 585 – Conference Room Number: 407 639 https://vendor.myfloridamarketplace.com/ mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/

Evaluation Phase (Anticipated)

March 30 – April 6, 2023

Notice of Agency Decision/ Intent to

Award (Anticipated)

April 17, 2023 Vendor Information Portal

Anticipated Contract Start Date

April 28, 2023

The Department shall utilize the State of Florida, Vendor Information Portal (VIP) as the single resource for all RFP, Public Notice information in accordance with Rule 28-102.001, Florida Administrative Code (F.A.C.)

1.3 Public Opening

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

1.5 Mandatory Requirements

The FDACS has established certain requirements with respect to submissions to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this RFP indicates a requirement from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response is not substantial accord with the RFP requirements, provides an advantage to one respondent over other respondents or has potentially significant effect on the quantity or quality of service. Material deviations cannot be waived. The words “should” or “may” in this RFP indicate desirable attributes or conditions but are permissive in nature.

Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Proposal.

1.6 Conflicts and Order(s) of Precedence

The following documents are incorporated into and made a part of this RFP and all proposals are subject to the terms of the following, which in case of conflict shall have the following order of precedence:

a. Any addenda, in reverse order of issuance

b. This RFP, including attachments

c. PUR 1000, General Contract Conditions

d. PUR 1001, General Instructions to Respondents https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Background

Section 366(c) of the Energy Conservation Policy Act (EPCA), as amended by section 40108 of the Infrastructure Investment and Jobs Act (IIJA), requires a State Energy Security Plan (SESP) to accomplish each of the following:

• address all energy sources and regulated and unregulated energy providers.

• provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use.

• address potential hazards to each energy sector or system, including: (A) physical threats and vulnerabilities; and (B) cybersecurity threats and vulnerabilities.

• provide a risk assessment of energy infrastructure and cross-sector interdependencies.

• provide a risk mitigation approach to enhance reliability and end-use resilience.

To meet this requirement, the United States Department of Energy’s Assistance Agreement DE- EE0009476 Program Year Milestones for the SESP are as follows:

• Project Management Plan (due 30 days after award)

• Develop Final Energy Supply Assurance Plan (initial plan due 4 months after award of contract with a final revision at the end of performance period)

• Develop Energy Infrastructure Assurance Plan (initial plan due 4 months after award of contract with final revision at the end of performance period)

The FDACS/Department seeks a consultant through this RFP to revise the State of Florida’s energy assurance and security plan to meet the requirements provided above. The resulting contract will be subject to all applicable terms and conditions of the USDOE federal grant award as specified in

ATTACHMENT J- FEDERAL FUNDING GRANTEE, SUBGRANTEE & CONTRACTOR

PROVISIONS. With regard to all dates and time periods set forth, or referred to, in this RFP, time is of the essence.

Florida has developed over the years numerous plans and reporting mechanisms to address energy assurance. Some of those plans include: capacity shortage emergency plans, disaster preparedness and recovery plans for each utility, distribution reliability reports, electric infrastructure storm hardening plans, annual filings of utilities generation capabilities, and fuel shortage emergency plans.

For example, Chapter 252, Florida Statutes, (State Emergency Management Act) mandates the development of statewide comprehensive emergency management plans, procedures and intergovernmental coordination and assistance. The Comprehensive Emergency Management Plan establishes a framework through which the State of Florida prepares for, responds to, recovers from, and mitigates the impact of a wide variety of disasters that could adversely affect the health, safety and/or general welfare of Florida residents. It is maintained and periodically updated by the State of Florida Division of Emergency Management (DEM). To facilitate effective operations, the Plan groups the types of assistance to be provided into 20 Emergency Support Functions (ESFs). Energy is designated as ESF 12, and Fuels is designated as ESF 19.

The two organizations staffing the ESF 12 and ESF 19 team are the Florida Public Service Commission (FPSC) and the DEM assisted by FDACS Office of Energy (FDACS OOE), respectively. The purpose of ESF 12 and ESF 19 is to promulgate the policies and procedures to be used in responding to, and recovering from, shortages and disruptions in the supply and delivery of electricity, natural gas, and other forms of energy and fuels, i.e., transportation fuels.

2.2 Scope of Work and Deliverables

FDACS seeks proposals from eligible vendors to revise the State of Florida’s energy assurance and security plan to meet the requirements as stated in the SESP’s Project Management Plan (PMP) accepted by USDOE.

A. The report must:

1. Address all energy sources and regulated and unregulated energy providers within the State;

2. Provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use;

3. Address potential hazards to each energy sector or system, including: physical and cybersecurity threats and vulnerabilities;

4. Provide a risk assessment of energy infrastructure and cross-sector interdependencies;

5. Provide a risk mitigation approach to enhance reliability and end-use resilience;

6. Address Multi-State and regional coordination, planning, and response; and

7. Address Coordination with Indian Tribes with respect to planning and response.

B. In addition, the final report must include an analysis of the following:

1. Examine Florida’s energy assurance plans & policies individually and as a whole to strengthen our system and seek missed opportunities;

2. Compare Florida’s plans & policies to other states’ plans to employ best practices;

3. Evaluate if Florida has any gaps and could improve its operations;

4. Evaluate where Florida could operate more efficiently;

5. Evaluate how the use of alternatively fueled vehicles including electric vehicles are incorporated into the state’s plan; and

6. Evaluate how renewable energy and smart grid technologies are incorporated into the state’s plan.

All data gathered for this report must be submitted upon completion of the report.

All proposals must be concise and target this particular RFP.

2.3 Initial Term

The anticipated contract period is six (6) months from the contract execution date.

2.4 Renewals

This contract may be renewed by mutual agreement on a yearly basis for a period of up to three (3) years after the initial contract or for a period no longer than the original contract, whichever period is longer, at the same prices, terms, and conditions.

SECTION 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS

3.1 Advertisement

This RFP is hereby advertised on the State of Florida, Vendor Information Portal. To find the RFP or other related information, click on “Search Advertisements” at the bottom of the VIP web page and enter Organization “Department of Agriculture.” If unable to download the document(s), contact the FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this RFP by reference. There is no need to return this document with the proposal.

Any terms and conditions set forth within this FDACS RFP document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001, unless the conflicting term/condition is required by any section of the Florida Statutes, in which case the term/condition required by Florida Statutes shall take precedence. Specific references to MyFloridaMarketPlace (MFMP) usage for this RFP stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Vendor Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the FDACS Notice of Agency Decision is posted on the VIP.

Questions related to this RFP must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/.

The Procurement Officer for this RFP is:

Carmelita Graham, Purchasing Director Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@fdacs.gov

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

NUMBER IN THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intent to award (72-hour period excludes Saturdays, Sundays and state holidays), bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(23), Florida Statutes.

No negotiations, decisions or actions shall be initiated or executed by the respondent as a result of any discussions with any purchaser or departmental employee. Only those communications, which are in writing from the Department's purchasing office, may be considered as a duly authorized expression on behalf of the purchaser. Also, only communications from the respondents, which are in writing and signed, will be recognized by the purchaser as duly authorized expressions on behalf of the respondent.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:Bids@fdacs.gov

Any questions, correspondence or contact with the Department initiated by the respondent after the RFP opening date and prior to posting of intended award must be directed to the purchasing office, attention purchasing officer. Department personnel will not discuss proposals or proposed contract activities with the vendor during the RFP evaluation period. The Department will not accept any revisions or additions to any RFP after the proposal opening date.

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the advertising period, information will be posted on the VIP as a written addenda. Any addenda issued in relation to this solicitation shall thereby become part of the final specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.033(3) F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 83101902 Energy Use Reduction Measures

• 81131501 Factor Analysis

• 93141510 Social Structure Studies or Related Services

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all vendors that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist vendors with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a contract. This may be completed by the vendor post-award and is not something which FDACS will consider in determining the responsiveness of a proposal.

3.7 Cost of Preparation

Neither the Department, nor the state of Florida, is liable for any costs incurred by a vendor in response to this RFP.

3.8 Instructions for Submittal

Each proposal shall be prepared simply and economically, providing a straightforward, concise delineation of the vendor’s capabilities to satisfy the requirements of this RFP. Elaborate bindings, https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com mailto:FLW9@myfloridacfo.com colored displays and promotional material are discouraged. Emphasis in each proposal must be on completeness and clarity of content. In order to expedite the review, it is essential that the vendor follows the format and instructions.

1) Proposals may be sent by U.S. mail, courier, overnight or hand delivered to the location indicated in the Timeline. Electronic (email/fax) submission of replies will not be accepted for the RFP.

2) All proposals must be submitted in a sealed envelope/package with the relevant RFP number clearly marked on the outside of the envelope/package.

3) It is the vendor’s responsibility to assure its proposal submittal is delivered to the proper place and time as stipulated in the Timeline.

4) Late proposals will not be accepted.

Proposals may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, vendors are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. SUBMISSIONS MUST BE RECEIVED IN THE PURCHASING OFFICE BY the designated date and time listed. Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

3.9 Vendor Generated Terms

The FDACS objects to and shall not consider any different or additional terms or conditions submitted by a Vendor, including any appearing in documents attached as part of a Vendor’s response. In submitting a response, Vendor agrees that any additional or different terms or conditions, whether submitted by Vendor intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting the proposal. Vendor’s failure to agree to comply with FDACS’ terms and conditions, including those specifying information that must be submitted with a proposal, shall be grounds for rejecting a proposal.

The purchase or contract issued by the FDACS as a result of this RFP shall incorporate all terms and conditions identified herein. No oral agreements or representations shall be valid or binding upon FDACS or the Vendor unless expressly contained herein or by a written addendum submitted by FDACS to this RFP.

SECTION 4.0 REQUEST FOR PROPOSAL PROCESS

4.1 Proposal Format

The Department is accepting a combination of a physical original and digital copies of vendors’ proposals to this RFP. Respondents must submit one (1) original hardcopy (i.e., a physical hardcopy) of the proposal, one PDF digital copy on a USB flash drive in PDF with all attachments, as well as five (5 duplicate hard copies of the proposal and all attachments. Proposals shall be delivered to the Department’s purchasing office before the specified due date in a sealed package labeled with the proposer’s name and address and the RFP number. Sequentially number all pages and organize as indicated below. Emphasis of each proposal must be on completeness and clarity of content. In order to expedite the evaluation process, it is essential that proposers follow the format and instructions contained herein.

The RFP response package must include all requested forms and information. Each section should be segregated by index TAB(s), or folders labeled as such, which will include either mandatory response forms or material for weighted criteria to be scored by the appointed evaluation team. Failure to provide all of the requested information may result in disqualification of the vendor’s response, or a zero-point score for that section. The Respondent’s package should clearly identify each area, as listed below, with an index tab or other type of identification.

TAB A Vendor Acknowledgement (No Points will be awarded for Tab A)

By submission of a signature on the FDACS Acknowledgment Form, the Vendor certifies that they have read and comply with all terms and conditions contained herein. The proposal must contain the original signature of an authorized representative who can legally bind the Vendor.

The product/ services offered by the Vendor will conform to the specifications of this RFP without exception.

Vendors must include a completed and signed ATTACHMENT A- FDACS ACKNOWLEGMENT FORM with their response to be considered.

TAB B Statement of Qualifications (30 points maximum)

1. The Respondent shall provide a detailed narrative of their qualifications that documents, demonstrates and represents their organization’s ability to carry out the required services.

(15 points)

2. Provide the background and experience of the personnel that will be assigned to this contract, include their roles and responsibilities. Provide the roles and responsibilities of any subcontractors that will be assigned to this contract. (15 points)

TAB C Relevant Experience (10 points maximum)

The Respondent shall provide a detailed narrative of prior relevant experience conducting similar research projects and production of final report(s), which includes best management practices and program recommendations. This narrative must include at a minimum, three (3) projects performed of a similar size and scope completed within the last five (5) years.

The Respondent shall provide names, addresses, phone numbers and email contacts of the two (2) customers for whom the Respondents have identified in this narrative on the ATTACHMENT B - REFERENCES/PAST PERFORMANCE form. Respondents who do not provide at least 3 references shall be deemed as non-responsive, and their Proposal shall be rejected as such. The Department reserves the right to contact each customer reference to verify the information provided and validate the performance of the Respondent.

References must be current or former clients of the Respondent. The Department will not accept subcontractor/proposed personnel or personal references of a member of the Respondent as a substitute for customer references. Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the respondent's ability to perform services similar to those described in this RFP in a satisfactory manner. Unsatisfactory past performance with the Department will result in rejection of the RFP.

TAB D Plans and Procedures (70 points maximum)

Respondent shall provide a comprehensive and detailed response plan which shall include how all the Elements within the Scope of Work will be addressed. With regard to all dates and time periods set forth, or referred to, in this RFP, time is of the essence.

1. Address all energy sources and regulated and unregulated energy providers within the State

(10 points maximum)

2. Provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use (10 points maximum)

3. Address potential hazards to each energy sector or system, including, physical and cybersecurity threats and vulnerabilities (10 points maximum)

4. Provide a risk assessment of energy infrastructure and cross-sector interdependencies (10 points maximum)

5. Provide a risk mitigation approach to enhance reliability and end-use resilience (10 points maximum)

6. Address Multi-State and regional coordination, planning, and response (10 points maximum)

7. Address Coordination with Indian Tribes with respect to planning and response (10 points maximum)

Please note that the term of this agreement will be for six (6) months.

TAB E Pricing (20 points maximum)

Respondents shall provide a total price to include any and all costs associated with the proposal ATTACHMENT C- PRICE SHEET. Respondents should provide a percentage for each task/deliverable to equal one Grand Total Price Firm Fixed Price. The rates provided for each task/deliverable shall include the cost of all things necessary to accomplish the services outlined in each task/deliverable as specified in this RFP and the Vendor’s response, including but not limited to MyFloridaMarketPlace transactions fee, miscellaneous expenses, travel, labor, insurance, and the application of all multiples (i.e., overhead, fringe benefits, etc.). Failure by the Vendor to provide a price on ATTACHMENT C will result in the Proposal being deemed non-responsive. The Department will not accept any other costs not included in the price sheet.

TAB F Subcontractors (No points will be awarded for TAB F)

In order to warrant that only qualified and competent subcontractors will be employed on the project, the contractor shall submit to the Department a list of subcontractors who will perform work. The contractor shall have determined, to his own complete satisfaction, that a listed subcontractor has been successfully engaged in this particular type of business/ industry for a reasonable length of time and is qualified both technically and/ or financially to perform the services.

Any subcontractor(s) not approved by the Department will not be allowed to proceed with any work related to this project. The Department shall have the right to examine the technical qualifications of any subcontractor and to request additional documentation of a subcontractor’s technical and/ or financial qualifications. Any subcontractor(s) proposed after the start of this project must be submitted in writing to the Department for approval. Work by the proposed subcontractor must not commence until the Department has given approval. The Department shall have the right to prohibit the use of any subcontractor that in its own discretion does not satisfactorily meet the business experience, technical or financial qualifications necessary to perform this work. The ATTACHMENT D- LIST OF SUBCONTRACTORS form must be completed and included in each RFP package, if applicable.

TAB G Mandatory Certifications (No points will be awarded for Tab G)

When evaluating vendor responses to solicitations where the total awarded points from two or more vendors is equal, the Department shall determine the order of award in accordance with Sections 287.057 (12), 287.082, 287.087, 287.092 and 295.187(4), Florida Statutes.

1. CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), Florida Statutes, if two equal proposals are received and one proposal is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Vendors must provide a copy of this certification in their bid response to receive this preference.

2. COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE GIVEN

PREFERENCE

Pursuant to Section 287.082, Florida Statutes, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within this state shall be given preference. Bidders must provide proof in their bid response to receive this preference.

3. CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, bidders must provide ATTACHMENT E- CERTIFICATIONOF DRUG-FREE WORKPLACE PROGRAM FORM that it has implemented a drug-free workplace program.

4. PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to 287.092, Florida Statutes, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Vendors must provide proof in their response to receive this preference.

5. FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

Pursuant to Section 295.187(4), Florida Statutes, a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise. Proof of certification pursuant to Section 295.187(5), Florida Statutes, shall accompany the proposal. Failure to submit proof of certification will result in non-application of the preference.

TAB H Mandatory Certifications (No points will be awarded for Tab H)

No Prior Involvement and Conflict of Interest

Section 287.057(19)(c), Florida Statutes, provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a bidder who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The vendor shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the vendor. Officers, agents or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The vendor shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this RFP.

Any person submitting a proposal in response to this RFP shall be required to complete the Conflict of Interest Statement form (ATTACHMENT F, CONFLCIT OF INTEREST STATEMENT FORM) with all information and signature of an official of proposing firm who is legally authorized to contract for the firm. The signed original of this form must be attached to the original proposal package.

Scrutinized Companies and Prohibited Business Activities

Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, Florida Statutes, requires the Contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or 3) engaging in business operations in Cuba or Syria.

In order for your proposal to be considered responsive, ATTACHMENT G, CERTIFICATION REGARDING SCRUTINIZED COMPANIES FORM must be completed and included in your proposal package. The list of Scrutinized Companies may be found at https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.as px .The Department may immediately terminate any contract, as a result of this proposal, for cause if the contractor is found to have submitted a false certification.

Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds Tie Bids

Any person submitting a response to this request for proposal MUST execute the enclosed form

FDACS-01522, ATTACHMENT H, CERTIFICATION REGADRING LOBBYING; DEBARMENT,

SUSPENSION AND OTHER RESPONSIBILITY MATTERS FOR EXPENDITURE OF

FEDERAL FUNDS and enclose it with his/her bid or proposal. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

4.2 Proposal Administrative Review and Evaluation

Each vendor shall submit a proposal that conforms to all mandatory requirements as outlined in this RFP solicitation. Submissions that do not conform to the requirements, or contain material deviations from the specifications, will be rejected as non-responsive and not further reviewed.

An appointed evaluation committee will utilize a point system to score each responsive proposal submitted. Once the evaluation committee has concluded scoring all responsive proposals, a list of responses will be tabulated in ranked order. Available points for each of the evaluation criteria are specified herein.

As the best interest of the state shall require, FDACS reserves the right to reject any and all responses or waive any minor irregularity or technicality in responses received. Contractors are cautioned to make no assumptions unless their response has been evaluated as being responsive. Any further clarification, if necessary, will be by written addendum. FDACS reserves the right to award, or not award, contract(s) based on the availability of funds.

4.3 Evaluation Considerations

The evaluation committee members shall perform the evaluation in accordance with the evaluation criteria listed in EVALUATION PROCEDURE.

4.4 Evaluation Procedure

The evaluation committee shall utilize a point system to rank proposals based on their written technical and price point score. Available points for each of the written technical and price point score evaluation criteria are:

Written Technical and Price Scoring https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx

Statement of Qualifications and Experience 30 points Past Performance/References 10 points Plans and Procedures 70 points Pricing* 20 points MAXIMUM AVAILABLE POINTS 130 points

*Price Evaluation

The GRAND TOTAL firm fixed price points will be calculated based on the following formula: (M x L) / A = P

M = Maximum Points Available for the Price Proposal L = Lowest Responsive Price Proposal A = Actual Vendor Price Proposal P = Points Awarded

4.5 Basis of Award

This request for proposal shall be awarded in accordance with Florida Statutes, 287.057(1)(b).

An award shall be made to the responsive and responsible vendor with the highest aggregate total of cost and technical scores. An award from this advertisement does not constitute an official purchase order or contract, agreement or commitment on behalf of the state.

In event the vendor with the highest aggregate total of cost and technical scores violates the terms of this RFP (e.g., by failing or refusing to agree to the awarded contract as required by this RFP), the Department may proceed to the next responsive vendor with the highest aggregate total of cost and technical scores and continue the award process.

4.6 Contract Award

The Department intends to award a contract to the responsive and responsible Vendor with the highest cumulative total points as specified above.

4.7 Public Records

Any and all documents submitted in response to this RFP shall be considered public record pursuant to Chapter 119, Florida Statutes.

Any proposal content submitted to Department which is asserted to be exempted by law from disclosure as a public record shall be clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption specifically identified in writing on each and every such page. Failure to segregate and so clearly identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the proposal or other document in which the content is set forth.

An entire page or paragraph in which such information appears should not be marked “EXEMPT”, “confidential” or “trade secret” unless the entire page or paragraph consists of such confidential information. Only the confidential portions(s) should be identified and marked. Vendors are to indicate where confidential information begins and ends. It will be the responsibility of the Vendor to defend the confidentiality of its trade secrets through the judicial process.

The FDACS takes its public records responsibilities under chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If a Vendor considers any portion of the documents, data or record submitted in response to this solicitation to be exempted by law from disclosure as a public record, the Vendor must also provide Department with a separate “Redacted Copy” of its proposal on a CD, DVD-ROM or USB flash drive, at the time of proposal submission.

This Redacted Copy should contain solicitation name, number, and the name of the Responding Vendor on the cover and should be clearly titled “Redacted Copy.” The Redacted Copy must be provided to the Department at the same time the Vendor submits its proposal and must only exclude or obliterate those exact portions which are exempted by law from public disclosure.

IF A VENDOR FAILS TO SUBMIT A REDACTED COPY WITH ITS PROPOSAL AS DESCRIBED

HEREIN, THE FDACS IS AUTHORIZED TO PRODUCE THE ENTIRE DOCUMENT(S), DATA OR

RECORDS SUBMITTED BY THE VENDOR IN ANSWER TO A PUBLIC RECORDS REQUEST. THE

STATE OF FLORIDA DOES NOT CONSIDER PRICE TO BE CONFIDENTIAL.

4.8 Proposal Opening

Proposals are due, and will be publicly opened, at the time, date, and location specified in the Timeline above. Proposals received late (after the due date and time) will not be accepted, nor considered, and modification by the vendor of submitted proposals will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a response if it is not properly sealed, addressed, or identified.

4.9 Less Than Two Responsive Replies

In the event that FDACS receives less than two (2) responsive replies, the Department reserves the right to negotiate the best terms and conditions pursuant to section 287.057(6), F.S.

4.10 Rules for Withdrawal

A submitted proposal may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the vendor and must be received within 72 hours after the submission date indicated in the Timeline.

4.11 Disqualification of Respondents

More than one proposal from an individual, firm, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Respondent is interested in more than one proposal for the same work will cause the rejection of all proposals in which such Respondents are believed to be interested.

If there is reason to believe that collusion exists among the Respondents, any or all proposals will be rejected. No participants in such collusion will be considered in future solicitations for the same work.

Falsifications of any entry made on the Respondents’ offer will be deemed a material irregularity and will be grounds for rejection.

4.12 Rejection of Proposals

The Department reserves the right to reject any and all proposals, when such rejection is in the interest of the state of Florida, and to reject the proposal of a Respondent who the Department determines is not in a position to perform the contract.

4.13 Protest Procedures

Pursuant to Section 120.57(3), Florida Statutes, a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. 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.

SECTION 5.0 SPECIAL CONDITIONS

5.1 Contract Terms and Conditions

A draft Contract is provided as Attachment I, Contractual Services Agreement- Draft. By submission of a response, Vendors agree to the State of Florida contract conditions set forth therein.

In the case of conflict between the PUR1000 General Contract Conditions and the Florida Department of Agriculture and Consumer Services Contractual Service Agreement, the Florida Department of Agriculture and Consumer Services Contractual Service Agreement shall prevail, unless the conflicting term in the PUR form is required by any section of the Florida Statutes, in which case the term contained in PUR1000 shall take precedence.

This document does not need to be returned with your Proposal. Vendors must not submit additions, objections, or modifications with their proposal submission.

5.2 Modification after Contract Execution

During the term of the contract, the Department may unilaterally require changes (altering, adding to or deducting from the Specifications) provided such changes are within the general scope of this solicitation.

5.3 Compliance with Laws

The contractor shall comply with all laws, rules, codes, ordinances and licensing requirements that are applicable to the conduct of its business, including those of federal, state and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern this Agreement. By way of further non-exhaustive example, the contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Fair Labor Standards Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Americans with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status or veteran's status. Violation of such laws shall be grounds for termination.

5.4 Independent Capacity of Contractor

The contractor, its officers, agents and employees, in performance of this contract, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the state.

5.5 Vendor Ombudsman

Vendors providing goods or services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods or service, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.

If a payment is made within 40 days, a separate interest rate shall apply in accordance with Section

55.03 Florida Statutes (F.S).

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at

(850) 413-5516.

ATTACHMENT A

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICULTURE AND

CONSUMER SERVICES

REQUEST FOR PROPOSAL

SUBMIT PROPOSAL TO:

Florida Department of Agriculture and Consume Services Procurement Office 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Agency Release Date:

February 10, 2023

Solicitation Number:

RFP OOE 22 23 71 Solicitation Title: RFP OOE 22 23 71

FLORIDA’S ENERGY ASSURANCE AND SECURITY STUDY Proposal Due:

March 24,2023 @ 5:00 PM ET **Bidder Name:

**If a fictitious name is used, include registered name (i.e. XYZ, Inc. DBA

ABC)

Bidder Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Authorized Signature (Type), Title

Toll Free Number: *This individual must have the authority to legally bind the Bidder to a contractual obligation. By submission of a signature on the response, the Bidder certifies that they comply with all terms and conditions contained herein.

Fax Number:

Email Address:

FEID Number:

Type of Business Entity (Corporation, LLC, partnership, etc.):

BIDDER CONTACTS: Provide the name, title, address, telephone number, and email address of the official contact and an alternate, if available.

These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

WILTON SIMPSON

COMMISSIONER

ATTACHMENT B

Florida Department of Agriculture and Consumer Services

REFERENCES

As per the requirements of Tab C – Relevant Experience, each Respondent is required to submit the names, address, phone number and email of three (3) customer references. A detailed narrative of similar research projects and production of final reports shall also be provided as specified in the RFP.

1. COMPANY NAME:

COMPANY ADDRESS:

CONTACT PERSON NAME:

TELEPHONE NUMBER: ( _ ) _______ EMAIL:

2. COMPANY NAME:

3. COMPANY NAME:

ATTACHMENT C

PRICE SHEET

No. Task/Activity Description Task Fee

1 Project Management Plan $_______________ 2 Final Energy Supply Assurance

Plan $_______________ 3 Final Energy Infrastructure

Assurance Plan $_______________

GRAND TOTAL FIRM FIXED PRICE $ ___________________________

By affixing signature to this PRICE SHEET, respondent agrees to honor the price(s) listed above and acknowledges receipt of addendums (if applicable) which are incorporated with this Request for Proposal.

RESPONDENT NAME:

SIGNATURE (MANUAL):

SIGNATURE (PRINTED):

COMMISSIONER

ATTACHMENT D

Florida Department of Agriculture and Consumer Services Bureau of General Services

LIST OF SUBCONTRACTORS

Listed below are the names, addresses and telephone numbers of any/all subcontractors that will perform work related to the scope of work.

NAME/COMPANY:

TYPE OF WORK PERFORMED:

MAILING ADDRESS:

CITY STATE: ZIP:

TELEPHONE NUMBER: ( )

NAME/COMPANY:

TYPE OF WORK PERFORMED:

MAILING ADDRESS:

CITY STATE: ZIP:

TELEPHONE NUMBER: ( )

NAME/COMPANY:

TYPE OF WORK PERFORMED:

MAILING ADDRESS:

CITY STATE: ZIP:

TELEPHONE NUMBER: ( )

(Cont.)

NAME/COMPANY:

TYPE OF WORK PERFORMED:

MAILING ADDRESS:

CITY STATE: ZIP:

TELEPHONE NUMBER: ( )

NAME/COMPANY:

TYPE OF WORK PERFORMED:

MAILING ADDRESS:

CITY STATE: ZIP:

TELEPHONE NUMBER: ( )

NAME/COMPANY:

TYPE OF WORK PERFORMED:

MAILING ADDRESS:

CITY STATE: ZIP:

TELEPHONE NUMBER: ( )

ATTACHMENT E

Florida Department of Agriculture and Consumer Services Bureau of General Services

DRUG-FREE WORKPLACE PROGRAM - BIDDER CERTIFICATION

IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality and service, are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program.