RFQual-23-041 Final Version 11.29.23.pdf

Request for Qualifications (RFQual)

Shared Savings Financing for Energy Efficiency Upgrades

RFQual-23-041

Miranda Tatum Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

TIMELINE

The Department established the following Timeline for this RFQual. Each Vendor must adhere to this Timeline and any Timeline revisions(s). The Department will post any Timeline revision as an addendum to the RFQual in accordance with Section 2.3 of this RFQual. All references to the “Timeline” herein refer to the Timeline in this Section. All times below are Eastern Time (E.T.).

EVENT DUE DATE LOCATION/COMMENT

Release of RFQual November 29, 2023 Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/

Mandatory Informational Meeting

December 18, 2023, at 10:00 a.m.

Conference Call Number: (888) 585-9008 Conference Room Number: (701) 874-802

Deadline for Vendors to Submit Questions

January 8, 2024, at 5:00 p.m.

Submit Questions to:

Purchasing@fdc.myflorida.com

Subject Line: RFQual-23-041 Shared Savings Financing for Energy Efficiency Upgrades

Anticipated Date the Department will

Advertise its Answers to Vendors’ Questions

February 27, 2024 Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/

Reply Deadline and Time of Opening

March 26, 2024, at 2:00 p.m.

Submit to:

Florida Department of Corrections

Bureau of Procurement Attention: Miranda Tatum

Re: RFQual-23-041 501 South Calhoun Street

Tallahassee, FL 32399-2500

Selection Team Meeting

April 10, 2024, at 10:00 a.m.

Florida Department of Corrections Bureau of Procurement

501 South Calhoun Street Tallahassee, Florida 32399-2500

Advertisement of Agency Decision June 2024 Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com

Table of Contents

TIMELINE

Section 1 – Definitions Section 2 – Introduction Section 3 – Statement of Work Section 4 – Procurement Process and Information Section 5 – Selection Criteria and Process Section 6 – Task and Proposal Section 7 – Terms and Conditions Attachment I – Shared Savings Proposal Attachment II – Perimeter Lighting Level Requirements Attachment III – Service/Delivery Locations Attachment IV – Firm’s Contact Information Attachment V – Pass/Fail Requirement Certification and Non-Collusion Certificate Attachment VI – Notice of Conflict of Interest Attachment VII – Subcontracting Form Attachment VIII – Firm’s Reference Form Attachment IX – Sample Reference Questionnaire Attachment X – Evaluation Score Sheet Attachment XI – Business Associate Agreement for HIPAA Attachment XII – Security Requirements for Contractors Attachment XIII – Model Shared Savings Contract

Section 1 – Definitions

The terms used in this RFQual, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Agreement: A legal binding document between parties as to a course of action.

1.2 Baseline Energy Model or Baseline: The Agency’s fuel, energy, or utilities consumption or cost for each Correctional Institution before implementing Energy Efficiency Measures (EEMs). The initial (unadjusted) Baseline Energy Model shall represent the calendar year preceding the commencement date of the assigned Task and is set forth in the (Baseline Energy Consumption, Costs, and Utility Rates). Adjustments to the Baseline Energy Model shall be made in accordance with Cost Savings Calculations and Baseline Normalization.

1.3 Business Day: Days Monday through Friday, excluding State holidays and other official closures.

1.4 Correctional Institution(CI): Any prison or other Correctional Institution, temporary or permanent, in which inmates are housed under the custody of the Department to include, including main units, annexes, road prisons, work camps, forestry camps, community release centers, re-entry centers, and any other satellite facilities.

1.5 Cost Savings: Measured reduction in the cost of energy, fuel, utilities, or documentable operations and maintenance activities, if applicable, created from the implementation of one (1) or more EEMs when compared with the established Baseline Energy Model. The Cost Savings shall be determined in accordance with the formulas and methodologies set forth in Cost Savings Calculations and Baseline Normalization.

1.6 Day: A calendar day, unless otherwise noted.

1.7 Department or FDC: The Florida Department of Corrections.

1.8 Energy Efficiency Measure (EEM): A measure implemented to reduce the energy, reduce energy, fuel, utility, or energy-related operating costs.

1.9 Firm or Vendor: A legally qualified Individual, partnership, corporation, association, or other business entity submitting a Response pursuant to this RFQual.

1.10 Material Deviation(s): A deviation from the requirements and specifications herein, which, in the Department’s sole discretion, is not in substantial accord with the requirements and specifications, provides a significant competitive advantage to one Vendor over other Vendors, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

1.11 Minor Irregularity: A variation from the RFQual terms and conditions which does not affect the price of the bid or give the bidder an advantage or benefit not enjoyed by the other bidders or does not adversely impact the interest of the Department.

1.12 Parties: The Department and Firm collectively.

1.13 Pre-Qualified Vendor Pool: A Vendor or group of Vendors who have been pre-qualified and selected as a result of this RFQual to potentially do business with the Department.

1.14 Reply: A Firm’s response to this RFQual.

1.15 Responsible Vendor: A Vendor who has the capability in all aspects to fully perform the

Contract requirements and the integrity and reliability that will assure good faith performance.

1.16 Responsive Vendor: A Response, submitted by a Vendor, which conforms to all material aspects of this solicitation.

1.17 Selected Firm or Selected Vendor: A Vendor that is a member of the Pre-Qualified

Vendor Pool and selected to do business with the Department.

1.18 Shared Savings Energy Task Management Team: The individual staff and other members or stakeholders who may directly be involved in carrying out the Task.

1.19 Shared Savings Contract (Contract): A written Contract between the Department and an Selected Firm resulting from a successfully negotiated and approved Shared Savings Proposal.

1.20 Shared Savings Proposal (Proposal): A detailed study and report performed by an

Selected Firm, as a result of a Task, and submitted to the Department of the EEMs, their cost, savings, and benefits prior to entry of the Shared Savings Contract.

1.21 System: A group of components or subsystems that integrate and function to achieve a specific goal.

1.22 Task: Assigned work by the Department to a Selected Vendor(s) from the Pre-Qualified

Vendor Pool.

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Section 2 – Introduction

The Florida Department of Corrections (Department) is seeking qualifications from qualified Firms to perform energy efficiency upgrades at various Correctional Institutions, throughout the State of Florida. The upgrades shall include all engineering, design, and installation of Energy Efficiency Measures (EEMs).

The objective of this RFQual is to award multiple Vendors to form a Pre-Qualified Vendor Pool to partner with the State of Florida for shared savings financing of energy efficiency upgrades as contemplated by subsections 255.252(4) and 255.253(5), Florida Statues (F.S.).

2.1 Project Specific Priorities

The intent of this RFQual is to encourage small and large Vendors alike to partner with the State to develop shared savings opportunities for energy efficiency upgrades in various Correctional Institutions. The shared saving delivery model will allow a portion of the resulting energy cost savings to be paid regularly to the Vendor.The purpose of this incentive is to encourage continuous improvements in building energy performance and promote the faster development of new energy-related technologies as they come to the market during the Contract.

The Department is not liable for any cost incurred by any Firm prior to the issuance of an executed Contract.

2.2 Overview

2.2.1 The Department intends to select multiple Vendors to form a Pre-Qualified Vendor Pool. However, the Department reserves the right to select each Vendor for all service categories or any combination of service categories, one (1) Vendor or multiple Vendors, geographically or make no selection, or any combination thereof whichever is determined to be in the best interest of the State.

2.2.2 For specific Tasks, the Department may engage members of the Pre-Qualified

Vendor Pool in two (2) phases.

2.2.2.1 The first phase will entail the Department assigning a Task to a Selected Vendor(s) from the Pre-Qualified Vendor Pool, at its sole discretion, to develop a Shared Savings Proposal.

The Selected Vendor shall submit a Proposal to the Department in response to an assigned Task at no cost to the Department.

The Department will review the Proposal and determine to what degree, if any, it intends to move forward with the recommendations identified in the Proposal.

2.2.2.2 The second phase is the Shared Savings Contract (Attachment XIII). If the Department decides to move forward, the Department and the Selected Vendor will, in good faith, attempt to negotiate a Shared Savings Contract with the Selected Vendor. If the Department and the

Selected Vendor cannot mutually agree upon the terms of the Contract, the Department, at its sole discretion, reserves the right to assign the Task to another member of the Pre-Qualified Vendor Pool. If the Selected Vendor and the Department mutually agree upon a negotiated Proposal, then a Shared Savings Contract may be entered for shared savings upgrades to be performed which includes implementing EEMs and the ongoing shared savings transaction over the designated term as established in the mutually agreed negotiated Proposal.

The Shared Savings Contract language (Attachment XIII) has been provided and approved and agreed to by the Vendor by submission of a Reply to this RFQual.

2.3 RFQual Modifications

Once the Department advertises this RFQual on the Vendor Information Portal (VIP), if it needs to supplement or modify any portion of its contents or exhibits, attachments, or other materials, it will advertise supplemental information as an addendum to this RFQual on the VIP. Interested Parties are responsible for monitoring the VIP website for addenda relative to this solicitation. Vendors are responsible for ensuring all addenda have been read and incorporated, as applicable, in their Reply.

2.4 Order of Precedence

All Replies are subject to the terms of this RFQual, which in case of conflict shall have the following order of precedence:

1. RFQual addenda, in reverse order of issuance;

2. This RFQual document, including any attachments or exhibits;

3. Form PUR 1000, referenced in Section 8.1 of this RFQual; then

4. Form PUR 1001, referenced in Section 8.1 of this RFQual.

2.5 Contract Term and Renewal

As a result of this RFQual, the initial term for each member of the Pre-Qualified Vendor Pool shall be for up to five (5) years.

The Department may renew the term for each member of the Pre-Qualified Vendor Pool for up to five (5) years, or portions thereof, at the same terms and conditions. If the Department determines to renew the term, it will provide written notice to the Pre-Qualified Vendor no later than 90 Days before expiration of the initial term date.

2.6 Addition/Deletion of Services or Service Locations

The Vendor may be assigned a Task at the Service Locations listed in Attachment III. The Department reserves the right to add or delete services and service locations after selection when it is in the Department’s best interest and within the general scope of this RFQual.

Section 3 – Statement of Work

Vendors shall provide all necessary services and items, as described below, to perform energy efficiency upgrades at various Correctional Institutions throughout the State. All designs must meet applicable codes, regulations, and standards as provided by the Department.

The Department will select Vendors to enter the Pre-Qualified Vendor Pool based on Vendor qualifications from the below service categories. The Department reserves the right to select each Vendor for all service categories or any combination of service categories, one (1) Vendor or multiple Vendors, geographically or make no selection, or any combination thereof whichever is determined to be in the best interest of the State. The service categories are as follows:

3.1 Category 1 – Electrical Systems

This category may include, but not be limited to, retrofits, upgrades, modifications, and replacements to any of the following systems:

1. Interior lighting;

2. Exterior lighting;

3. Lighting controls (equipment and strategies);

4. Electrical distribution gear;

5. Emergency/backup generators;

6. Solar photovoltaic power generation;

7. Energy data collection hardware, software, and analysis; and

8. Any other component, equipment, or device related to building electrical systems and approved by the Department.

All lighting retrofits, upgrades, modifications, and replacements shall meet or exceed illumination standards as required by the Department. Attachment I, Shared Savings Proposal, contains more detailed information. All lighting retrofits, upgrades, modifications, and replacements shall comply with Attachment II, Perimeter Lightning Level Requirements, unless otherwise approved in writing by the Department.

3.2 Category 2 – Heating, Ventilation, and Air-Conditioning (HVAC) Systems

1. Chillers;

2. Boilers;

3. Hydronic heat transfer and distribution systems;

4. Air-handling units;

5. Cooling towers;

6. Air-conditioning and heating units (all types);

7. Air distribution systems;

8. Ventilation systems;

9. Exhaust systems;

10. HVAC controls (equipment and strategies);

11. Geothermal heat transfer systems;

12. Heat exchangers;

13. Demand limiting systems;

14. Energy data collection hardware, software, and analysis; and

15. Any other component, equipment, or device related to the building envelope or building HVAC systems and approved by the Department.

3.3 Category 3 – Water and Recycling Systems

1. Restroom water fixtures;

2. Water fountains;

3. Water heating systems;

4. Solar thermal water heating;

5. Irrigation systems;

6. Irrigation controls (equipment and strategies);

7. Reuse water systems;

8. Wastewater systems;

9. Water recycling systems and programs;

10. Wastewater recycling systems and programs;

11. Energy data collection hardware, software; and analysis

12. Any other component, equipment, device, or program related to water and recycling systems and approved by the Department.

3.4 Category 4 – Building Commissioning

This category may include, but not be limited to, testing, adjusting, or calibrating any of the following building systems:

1. HVAC equipment and control systems;

2. Lighting equipment and control systems;

3. Power distribution equipment and control systems;

4. Water, wastewater, and irrigation systems;

5. Demand-limiting systems;

6. Energy data collection hardware, software, and analysis; and

7. Any other component, equipment, device, or service related to building energy usage and approved by the Department.

3.5 Category 5 – Energy Data Collection Hardware, Software, and Analysis

This category of services will allow the direct purchase of hardware and software products, outside of a shared savings contract, for the purpose of energy data collection, reporting, and other related functions. These products and services may include, but not be limited to, the following products and services:

1. Metering devices (all utilities);

2. Communication panels (for connecting meters to outside networks);

3. Energy management software programs/dashboards (including cloud-based applications);

4. Energy audit services; and

5. Any other component, equipment, device, or service related to energy data collection hardware and software and approved by the Department.

3.6 Category 6 – Other

The Department reserves the right to utilize the resulting contract to conduct the analysis and implementation of any EEM not listed in Categories 1-5.

Section 4 – Procurement Process and Information

4.1 Procurement Officer

The Procurement Officer who is the sole point of contact regarding this RFQual is:

Miranda Tatum, Procurement Officer Bureau of Procurement

Office of Financial Management Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500

(850) 717-3700 Email: purchasing@fdc.myflorida.com

4.2 Mandatory Informational Meeting

A Mandatory Informational Meeting will be held on the date and time specified in the Timeline. The Department will deem a Vendor’s Reply non-Responsive if a Vendor does not attend the Mandatory Informational Meeting.

The Department will address questions from interested Vendors concerning this Request for Qualifications during the Mandatory Informational Meeting and will make a reasonable effort to provide answers at that time.

Impromptu questions will be permitted, and spontaneous answers will be provided;

however, parties should clearly understand that the Department will issue a written response ONLY to those verbal questions subsequently submitted in writing in accordance with Section 4.3, Vendor Questions. The Department’s written response will be provided to all potential Vendors via advertisement on the VIP as an addendum to the RFQual and shall be considered the Department’s official answers. Verbal answers and discussions shall not be binding upon the Department.

4.3 Vendor Questions

Interested Vendors may email questions related to this RFQual to the Procurement

Officer. Oral inquiries, or those submitted after the deadline, will not be acknowledged.

The Department will post its answers to written questions to the VIP on or about the date referenced in the Timeline.

Between the release of the solicitation, and the end of the 72-hour period following the advertisement of the Notice of Agency Decision (the 72-hour period excludes Saturdays, Sundays, and State holidays), Vendors responding to this RFQual, and 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(25), F.S.

Persons requiring special accommodations to respond to this RFQual because of a mailto:purchasing@fdc.myflorida.com http://www.myflorida.com/apps/vbs disability should contact the Bureau of Procurement at (850) 717-3700, at least five (5) days before any Bid opening or public meeting. Persons who are deaf, hard-of-hearing, deaf-blind, or speech-disabled may contact the Bureau of Procurement by using the Florida Relay Service at 1-800-955-8771 (TTY/ASCII).

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any oral discussion with a State employee related to this RFQual. Only written communications from the Procurement Officer are considered duly authorized expressions on behalf of the Department. Only written communications from a Vendor will be recognized as duly authorized expressions on behalf of the Vendor. Any discussion by a Vendor with an employee or representative of the Department, involving cost or price, and occurring before the Department advertises its notice of agency decision, may result in the rejection of that Vendor's Bid.

4.4 Vendor Ombudsman

A vendor ombudsman has been established within the Florida Department of Financial Services (DFS). The duties of this office include acting as an advocate for Vendors who may experience problems in obtaining timely payment(s) from a State agency. The vendor ombudsman may be contacted by calling the Florida Department of Financial Services at

(850) 413-5516.

4.5 Reply Submission

Before submitting a Reply, Vendors should check the VIP for any RFQual modification(s) as outlined in Section 2.3. Neither the Department nor the State of Florida if liable for any costs incurred by the Vendor in response to this RFQual.

A Vendor must prepare its Reply simply and economically, providing a straightforward, concise delineation of the Vendor's capabilities and qualifications. Elaborate bindings, colored displays, and promotional materials are discouraged. Replies must be complete and clear. To expedite the Department’s review of Replies, Vendors must adhere to the following instructions:

4.5.1 Replies must be sent by U.S. Mail, courier, overnight, or hand-delivered to the location indicated in the Timeline. Electronic submissions of Replies will not be accepted.

Replies must be submitted in a sealed envelop/package with “RFQual-23-041 Shared Savings Financing for Energy Efficiency Upgrades” and the date/time of the Reply Opening clearly marked on the outside of the envelop/package.

It is the Vendor’s responsibility to ensure its Reply is delivered to the proper place and time as stipulated in the Timeline. Replies received after the deadline provided in the Timeline will not be accepted. Replies received after the time and date indicated will be marked “LATE” and will not be opened. The Department’s clock will determine the official time responses are received.

4.5.2 Vendors shall submit one (1) signed original plus seven (7) copies hardcopies of its sealed qualifications. Submitted hardcopies contained in the sealed packages are to be clearly marked on the front cover the Vendor’s company name, solicitation number, and whether it is the original or copy. Copies should be numbered one (1) through seven (7) in sequential order for ease of tracking.

4.5.3 Vendors shall submit seven (7) searchable PDF document on flash drives of its sealed qualifications. The flash drive shall not be password protected, and the Financial Capability portion (Tab 12) must be attached as a separate file.

In the event there are differences between the electronic copy and the original written version, the original written version will prevail.

4.5.4 Replies must be typed or printed and contain an original signature of an authorized representative of the responding Firm on Attachment IV, Firm’s Contact Information. Replies should include an office address and the name of the responding Firm’s contact person.

4.5.5 If the Vendor considers any portion of its Bid to be confidential, trade secret, or otherwise exempt from disclosure under Chapter 119, F.S., the Florida Constitution, or another legal authority, the Vendor must also simultaneously provide the Department a redacted copy of its Bid in both hard copy and electronic forms and provide a brief written description of its grounds for claiming exemption from public record, including the specific statutory citation for such exemption. This redacted copy shall be titled “Redacted Copy.” The redacted copy must be provided to the Department at the same time the Vendor submits its Bid and must only exclude or redact those exact portions of the Bid claimed confidential, proprietary, or trade secret. The Vendor shall be responsible for defending its assertion that the redacted portions of its Bid are confidential, trade secret, or otherwise exempt from disclosure. Further, the Vendor shall protect, defend, and indemnify the Department for any claims arising from, or relating to, the Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise exempt from disclosure. If the Vendor fails to submit a redacted copy with its Bid, the Vendor explicitly authorizes the Department to produce its entire Bid contents in answer to a request for public records. In no event shall the Department, or any of its employees, or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this Bid.

4.6 Pass/Fail Mandatory Responsiveness Requirements

The Department shall reject any and all Replies that do not meet the criteria defined below.

4.6.1 The Vendor has attended the Mandatory Informational Meeting.

4.6.2 The Vendor’s Reply is received by the Department on or before the date and time specified in the Timeline.

4.6.3 The Vendor agrees that all data generated, used or stored by Vendor pursuant to the prospective Contract will reside and remain in the United States and will not be transferred outside of the United States.

4.6.4 The Vendor’s Reply shall demonstrate that it has at least three (3) years, within the last five (5) years of relevant experience providing shared savings financing for energy efficiency upgrades preferably in a correctional setting.

4.6.5 The Vendor’s Reply and all services to be provided under the Contract will be compliant with all laws, rules, and other authorities applicable to providing the services, including, but not limited to, Florida’s Open Government laws (Article I, Section 24, Florida Constitution, Chapter 119, F.S.).

4.6.6 The Vendor is able to demonstrate their ability to meet the Performance Bond and

Labor and Material Payment Bond requirements. Within 10 Business Days of Contract execution, the Vendor shall deliver to the Department a 100% unconditional Performance Bond and a 100% unconditional Labor and Material Payment Bond each in the an amount not less than the cost found in the mutually agreed negotiated Proposal. The Performance Bond and Labor and Material Payment Bond shall be maintained through the term of the Contract (including renewal years).

4.6.7 The Vendor has submitted proof of its registration to do business in Florida, as evidenced by Articles of Incorporation or Fictitious Name Registration or Business and, if applicable, a copy of the most recent Certification of Good Standing. This information can be obtained from the Florida Secretary of State’s Office; otherwise, the Vendor shall provide certification of exemption from this requirement.

4.6.8 The Vendor has demonstrated its Financial Stability by submitting at least one of the following:

1. Audited financial statements that demonstrate the Vendor’s satisfaction of Financial Stability criteria;

2. Documentation of an investment grade rating from a credit rating agency designated as a nationally recognized statistical rating organization by the Securities and Exchange Commission (SEC);

3. For a Vendor with annual revenues exceeding $1 billion, a letter containing a written declaration, pursuant to Section 92.525, F.S., issued by the Vendor’s chief financial officer or controller attesting that the Vendor is financial stable and meets the definition of Financial Stability; or

4. For a Vendor with annual revenues of $1 billion or less, the Vendor’s current Dun & Bradstreet (D&B) Financial Stress Score has a Financial Stress Class of 1, 2, 3, or 4.

4.6.9 The Vendor has submitted a completed Attachment IV, Firm’s Contact Information and Certification.

4.6.10 The Vendor has submitted a completed Attachment V, Pass/Fail Requirement Certification and Non-Collusion Certification.

4.6.11 The Vendor has submitted a completed Attachment VI, Notice of Conflict of

Interest.

4.7 Contents of Reply Submittals

The following information represents the minimum content required for the statement of qualifications and will be used to compare and evaluate Firms. Qualification statements must be organized in a tabulated format and be numbered.

All Replies should contain the contents outlined below. Those sections are called “Tabs.”

A Tab, as used here, is a section separator, offset, and labeled, such that the Selection Team can easily turn to the “Tabbed” section during the selection process.

Replies should be limited to a page size of 8.5” x 11”. Fold-out pages may be used, where appropriate, but should not exceed five percent (5%) of the total number of pages of the entire Reply. All pages should be subsequently numbered. It is recognized that existing financial reports, documents, or brochures may not comply with the prescribed format and will be acceptable in its current form and need not be reformatted.

Replies shall be organized in Tabs as described below. Vendors shall complete each Tab entirely to be considered Responsive. Material Deviations cannot be waived and shall be the basis for rejection of a Reply. A Minor Irregularity may not result in a rejection of a Reply. Additional information deemed appropriate by the Vendor may be included but should be placed within the relevant Tab. Additional Tabs beyond those designated in this section will not be evaluated. The Reply shall be organized as follows:

Tab A Table of Contents

Clearly identify all sections referenced below including page numbers.

Tab B General Information

1. Cover Letter

A cover letter on the Vendor’s letterhead with contact information and the name and signature of the representative of the submitting Vendor, authorized to legally obligate the Vendor.

2. Executive Summary

The executive summary shall provide the following:

a. Describe the Firm’s approach and experience and what differentiates the Firm from its competitors;

b. A brief history of the Firm including the date the Firm was established under the given name and the type of ownership or legal structure of the Firm (corporation, joint venture, partnership, etc.);

c. An overview of the types of professional services the Firm provides;

d. The number of years the Firm has been providing shared savings financing for energy efficiency upgrades and which of those years were in a correctional setting.

e. Indicate the primary location of the Firm’s field office, which will have direct responsibility and oversight of all resultant Contracts.

i. Firms shall include the primary office location and the home or satellite office location(s) in the State of Florida.

ii. If a Firm is not principally located in the State of Florida, then the Firm shall provide proof of being Florida-registered corporation and a Florida-certified General Contractor.

3. Additional Documents

The Vendor shall complete the following forms and documents, as appropriate, and include them in Tab B of their Reply.

a. Proof the Vendor is registered to do business in Florida as evidenced by Articles of incorporation or Fictitious Name Registration or Business License and, if applicable, a copy of the most recent Certification of Good Standing. This information can be obtained from the Florida Secretary of State’s Office or shall provide certification of exemption from this requirement;

b. Demonstration of Financial Stability as described in Section 4.6.8 of this RFQual;

c. Attachment IV, Firm’s Contact Information and Certification;

d. Attachment V, Pass/Fail Requirement Certification and Non-Collusion

Certification, signed by the authorized representative who signs the cover letter and notarized;

e. Attachment VI, Notice of Conflict of Interest; and

f. Attachment XII, Security Requirements for Contractors.

Tab C Vendor Technical Requirements

1. Firm/Corporate Qualifications

Describe how the organizational structure will ensure orderly communication, distribution of information, effective coordination of activities, and accountability.

Vendors must demonstrate technical expertise that will allow them to partner with the Department to develop and implement shared savings financing for energy efficiency upgrades.

Typical Task categories may include, but are not limited to, the following Systems:

a. Digital controls and metering installation

b. Building automation System operation and programming

c. Building and/or Systems commission

d. Lighting System modifications

e. HVAC System evaluation and operation

f. Steam plan evaluation and operation

g. Chiller plant evaluation and operation

Vendors must demonstrate their qualifications, experience, and abilities to deliver the following types of services:

a. Electrical, HVAC, water, and recycling system analysis, reports, and studies;

b. Field investigation;

c. Preparation of drawings and specifications;

d. Shop drawing reviews;

e. Preparation of detailed cost estimates;

f. Building system design with an emphasis placed on the repair, modification, and/or renovation of existing systems and equipment;

g. Safety planning;

h. Building energy audits;

i. Energy baseline development and normalization;

j. Utilization of calculations and data collections to develop cost savings projects;

k. Preparation of detailed financial proformas with an understanding of financial concepts, such as, the time value of money, simple payback, internal rate of return, and net present value;

l. Illumination design; and

m. Construction scheduling.

2. Vendor Personnel Qualifications

Vendors shall provide an organizational chart and resumes for all key personnel who are part of the Shared Savings Energy Task Management Team. This will include management, technical, and support staff. Key personnel include the Vendor’s authorized representative and On-Site Task lead. Vendors must demonstrate the ability to provide the services of a licensed, professional engineer.

Resumes must include, but is not limited to, names, professional licenses and certifications, number of years of experience, a list and description of relevant projects they have completed, and their role in these projects. All resumes should be no more than two (2) pages in length. If more than two (2) pages are submitted, only the first two (2) pages will be evaluated.

Resumes shall include at least the following:

Qualifications Contract Manager On-Site Task Lead

Licenses or certification

Professional Engineer, Certified Energy Manager, or LEED AP

(desired, but not required)

Completed OSHA 10-Hour and 30-hour training classes

(desired but not required)

Demonstrated experience of at least five (5) years, in this role Required Required

A minimum of two (2) and a maximum of five

(5) relevant projects

Provide a title, brief description, role, Contract value, and date completed (required)

Provide a title, brief description, role, Contract value, and date completed (required)

Qualifications Task Engineer Task Support

Licenses or certification

Professional Engineer (required), Certified Energy

Manager, or LEED AP (desired, but not required)

Professional Engineer, Certified Energy Manager, or LEED AP

(desired, but not required)

Tab D Partners, Consultants, and Subcontractors

Vendors shall be fully responsible for all work performed under the resultant Contract for this RFQual. Vendors acknowledge that it shall not be released of its contractual obligation to the Department because of any subcontract. The Vendor is solely responsible for ensuring the subcontractor maintains insurance as required. Inclusion of a subcontractor in Tab D does not indicate the Department’s approval of such subcontractor but provides the Department with information on proposed subcontractors for review. The Department shall treat the Vendor’s use of a subcontractor not previously approved by the Department as breach of any Contract resultant from this RFQual.

If the Vendor plans to use subcontractors to provide any performance under the resultant Contract, the Vendor shall include detailed information for all subcontractors with whom it plans on contracting utilizing Attachment VII, Subcontracting Form. This information shall include, but is not limited to, the following: name, contact information, the service(s) subcontractor will be providing under the prospective Contract, the number of years the subcontractor has provided services, projects of similar size and scope to the services sought the subcontractor has provided, and all instances of contractual default or debarment (as a prime or subcontractor) the subcontractor has had in the past five (5) years.

Name any partners, consultants, or subcontractors who are included as part of the proposed Shared Savings Energy Task Management Team. Describe the role of any person (outside the Firm) and any related experience to certify that the Firm has successfully completed no less than two (2) tasks of similar size and complexity within the last five (5) years. Name the Firm’s employees who have been employed in a supervisory capacity of a substantially equivalent level on a similar task for at least two (2) years within the last five (5) years.

If a joint venture or prime/subcontractor arrangement between two (2) or more Firms, indicate how the work will be distributed between the Firms.

Tab E Prior Work Experience and References

1. Prior Work Experience Narrative

Vendors shall have at least three (3) years of business and corporate experience relevant to the provision of similar services during the last five (5) years. Details of the Vendor’s experience that meets this requirement shall be provided in narrative form and within enough detail for the Department to determine its complexity and relevance. Specifically, a Vendor shall include, but is not limited to:

a. A description of experience providing services similar in nature to the ones sought in this RFQual;

b. The specific length of time the Vendor has provided similar services, and where services were provided;

c. All current and/or prior (during the last five (5) years) federal, state, or government contracts for the provision of related services, including a description of the specific services provided;

d. The name(s), telephone number(s), and address(es) for the specified federal, state, or governmental contract manager(s);

e. A summary of any exemplary or qualitative findings, recommendations, or other validations, which demonstrate operational experience (i.e., specialized accreditation, grant awards, etc.); and

f. A list of all contracts within the last five (5) years that were terminated prior to the natural expiration of the contract term, both those related to performance issues and those for any other reason, along with an explanation of the circumstances related to the termination.

2. Disputes

Vendor shall identify all contract disputes, litigation, defaults, or liens they (or their affiliates, subcontractors, agents, etc.) have had within the last 10 years.

This shall include any circumstance involving the performance or non-performance of a contractual obligation that resulted in:

a. Identification by the other contracted party that the Vendor was in default or breach of a duty under the contract or not performing obligations as required under the contract;

b. The issuance of a notice of default or breach;

c. The institution of any judicial or quasi-judicial action against the Vendor as a result of the alleged default or defect in performance; or

d. The assessment of any fines, liquidated damages, financial consequences, or bond utilization.

Vendors shall indicate whether the disputes were resolved and, if so, explain how they were resolved. If none exist, this should be explicitly stated than omitted.

3. References

Using Attachment VIII, Firm’s Reference Form, Firms shall provide at least three (3), but no more than five (5), references from businesses or governmental agencies for whom the Firm has provided services of similar scope and size to those identified in this RFQual. References must be able to support the experience requirements listed in this RFQual. To qualify as current experience, services described by references shall be ongoing or shall have been completed within the five (5) years preceding the issuance date of this RFQual. References shall not be given by the following individuals:

a. Persons currently or previously employed by the Department;

b. Persons currently or formally employed or supervised by the Vendor or its affiliates;

c. Current or former board members within the Vendor’s organization; or

d. Relatives of any of the above.

After the sealed qualifications are opened, the Department may contact the references via the email address and/or telephone number provided to complete Attachment VIII, Firm’s Reference Form. Reference(s) shall describe the description of services provided by the Firm, dates of service provision, the original budget of the service, the actual cost to fulfill the service, the company/agency name of the entity for which the services were provided, and the reference provider’s current email address, telephone number and address. Reference(s) shall include a paragraph describing services similar in magnitude and scope to those requested in the RFQual. Attachment IX, Sample Reference Questionnaire, is provided as an example of a form the Department may utilize during the reference process. The Department reserves the right to contact reference sources listed and/or not listed in the Firm’s sealed qualification and to consider references when determining the best value.

Tab F Approach and Methodology

1. Vendors shall submit a narrative describing the detailed approach and methodology to provide the services identified in this RFQual. The narrative shall include, but is not limited to the following:

i. Whether the Firm can provide services for all of the service categories provided in Section 3, Statement of Work. Identify which service categories can provided. Provide any specific EEMs or technology the Firm has specialized experience with respect to each service category.

Firms that restrict its proposed services to only one (1) service category may not be penalized during the selection process;

ii. The amount and type of work the Firm would self-perform and what work may be subcontracted to other companies;

iii. Whether the Firm can perform work statewide or would the work be restricted to a smaller geographic region of the State; and

iv. How the Firm will facilitate the continuity of building operations during the performance of a Contract.

2. Financial Model

Vendors shall describe the financial justification for implementing shared savings financing model. The description may include previously completed work as an example or a hypothetical project to demonstrate an understanding of an appropriate model. The description must also include a narrative of energy cost assumptions, product life-cycle assumptions, amortization schedules, cost of capital, and any other necessary facet of a shared savings transaction.

3. Scheduling and Cost Control

Vendors should describe their scheduling, cost control system(s), and email communication. Vendors should highlight methods for ensuring subcontractors adhere to established schedules. Vendors’ past work experience and references should indicate its ability to maintain original schedules and budgets. This narrative should include, but is not limited to the following:

i. Indicate whether the Vendor uses or provides computer-generated schedules for the management of construction work;

ii. Detail to what level a construction schedule is defined;

iii. Describe the scheduling and processing of shop drawings;

iv. Describe the tools and methods implemented to coordinate the development of schedule information from subcontractors;

v. Describe the Vendor’s experience in handling crew loading and coordinated construction scheduling;

vi. Describe the Vendor’s experience in cost loading of schedule; and

vii. A sample schedule that best illustrates the Vendor’s overall scheduling capabilities.

4.8 Reply Opening

Replies will be publicly opened at the time, date, and location specified in the Timeline.

The names of all Vendors submitting Replies shall be made available to interested parties upon written request to the Procurement Officer. Replies or related documents may not be reviewed at the Reply opening. No information regarding the solicitation, other than general questions, can be provided during the opening.

4.9 Cost of Preparing Reply

The Department is not liable for any costs incurred by the Vendor in responding to this RFQual, including costs associated with presentations, site visits, Proposals, or negotiations, if applicable.

4.10 Disposal of Replies

All Replies become the property of the State of Florida and will be a matter of public record subject to the provisions of Chapter 119, F.S. Selection or rejection of the Reply will not affect this right. Should the Department reject all Replies and issue a re-solicitation, information submitted in response to this RFQual will become a matter of public record as indicated in Section 119.071(b), F.S.

4.11 Reply Contents

All documents produced or provided as part of any Reply or this RFQual process shall become and remain the exclusive property of the Department and may not be removed by the Vendor or its agents. The Department has the exclusive right to use any or all ideas, adaptations of ideas, or content presented in any Reply. Selection or rejection of a Reply does not affect this right.

4.12 Confidential, Proprietary, or Trade Secret Material

The Department takes its public records responsibilities as provided under Chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously. If the Vendor considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Vendor must also simultaneously provide the Department with a separate redacted copy of its response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the Vendor on the cover, and shall be clearly titled “Redacted Copy.” The redacted copy shall be provided to the Department at the same time the Vendor submits its Reply to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. The Vendor shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, the Vendor shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Vendor’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the Vendor fails to submit a Redacted Copy with its Reply, the Department is authorized to produce the entire documents, data or records submitted by the Vendor in answer to a public records request for these records. In no event shall the Department, or any of its employees or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this solicitation.

4.13 Substitute W-9

The Florida Department of Financial Services (DFS) requires all Vendors doing business with the State to submit a Substitute W-9 Form electronically. To submit Forms, find frequently asked questions, and receive other assistance, Vendors can visit https://flvendor.myfloridacfo.com. For additional help, Vendors may contact DFS at (850) 413-5519 or FLW9@myfloridacfo.com.

4.14 Right to Withdraw

The Department reserves the right to withdraw this RFQual at any time and by doing so assumes no liability to any Vendor.

4.15 Reply Withdrawal

After submission, a Vendor may withdraw its Reply by submitting a written request to the Procurement Officer. A Vendor’s request to withdraw their Reply must originate from the email of their duly authorized representative or be signed by their duly authorized representative. The Department must receive such requests within 72 hours of the Sealed Qualifications Deadline and Time of Opening indicated in the Timeline.

If multiple Replies are received from the same Vendor, and the Vendor has not withdrawn one of its Replies, then the Department will only evaluate the Vendor’s Reply received last.

All other Replies shall remain valid for 365 Days from the Reply Deadline.

4.16 Right to Reject Reply Submission and Waiver of Minor Irregularities

The Department reserves the right to reject any or all Replies and reserves the right to waive Minor Irregularities when doing so would be in the best interest of the State. Minor Irregularities are defines as a variation from the RFQual terms and conditions which does not affect the price proposed or give the Vendor an advantage or benefit not enjoyed by other Vendors or does not adversely impact the interests of the Department. A Minor Irregularity may not result in a rejection of a Reply. At its option, the Department may correct Minor Irregularities but is under no obligation to do so whatsoever. Material Deviations cannot be waived and shall be the basis for rejection of a Reply. The Department has sole discretion in the determination of Minor Irregularities and Material Deviations.

Section 5 – Selection Criteria and Process

5.1 Selection Criteria

Following the Reply opening, the Department will conduct a review of the Pass/Fail Mandatory Responsiveness Requirements detailed in Section 4.6 of this RFQual. If the Reply passes, the Selection Team will objectively evaluate each Firm’s Reply to determine its ability to provide services in accordance with the criteria defined below and in Attachment X, Evaluation Score Sheet. Replies found to be non-Responsive shall not be considered. Replies may be rejected if found to contain Material Deviations or if found to not be in conformance with the requirements.

5.1.1 Technical Requirements (30 points)

Evaluation of the Vendor’s experience and ability to provide services will be based upon information contained in its entire Reply, but primarily on the information contained in Tabs C and D. In the evaluation of technical requirements, the Department will consider the following questions:

1. How well does the Vendor’s qualifications demonstrate its technical expertise to develop and implement the services sought?

2. To what extent does the Vendor’s personnel qualifications demonstrate its technical expertise to develop and implement the services sought?

3.…