SGS - Q&A and Addendum No. 1 .pdf

Security Guard Services Invitation to Bid

No. 23-92121500-23-ITB-V2

Addendum No. 1 and

Questions and Answers

Addendum No. 1

The Department hereby amends ITB No. 23-92121500-ITB-V2 as noted within this Addendum. For revisions, underlines and yellow highlights represent additions and strikethroughs represent deletions.

In the event of a conflict between previously posted information and the information contained herein, the information herein shall control. The information included in this addendum is hereby made part of this solicitation.

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. Any protest concerning this agency decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or U.S. mail at Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950. Protests may also be filed by fax at 850-922- 6312 or by email at agencyclerk@dms.fl.gov. It is the filing party’s responsibility to meet all filing deadlines.

The Procurement Officer should be copied in such filings.

Please note: This addendum does not need to be returned with the bid.

1. Section 1.1, Timeline of Events of the Invitation to Bid is hereby modified as follows:

1.1 Timeline of Events

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

Bidders shall not rely on the VIP time clock. It is not the official submission date and time deadline.

In the event of a technical malfunction or discrepancy in VIP, the Timeline of Events listed in the solicitation document shall prevail. The official solicitation dates and time deadlines are reflected in the Timeline of Events.

Timeline of Events

Event

Time

(Eastern Time) Date

Solicitation posted on VIP May 16, 2023 mailto:agencyclerk@dms.fl.gov

Timeline of Events

Event

Time

(Eastern Time) Date

Non-mandatory pre-bid conference

In person: Conference Room 101

Department of Management Services

4050 Esplanade Way, Conference Room 101

Tallahassee, Florida 32399-0950

Telephonically:

Conference Call: 1-888-585-9008

Conference Room Number: 145-153-086

2:00 pm May 30, 2023

Deadline to submit questions via email to the

Procurement Officer:

Nicole Loman

Nicole.Loman@dms.fl.gov

2:00 pm June 6, 2023

Department’s anticipated date of posting Q&A on

VIP

June 27, 2023

Deadline to submit physical Bid and all required documents to:

Department of Management Services

Attention: Nicole Loman

4050 Esplanade Way, Suite 360.4X

Tallahassee Florida, 32399-0950

2:00 pm July 17, 2023

Public meeting: Bid opening (non-mandatory) 4050 Esplanade Way, Conference Room 101 Conference Call: 1-888-585-9008 Conference Room Number: 145-153-086

GoToWebinar Link:

https://attendee.gotowebinar.com/register/606298 7922697794394

2:00 pm July 18, 2023

Anticipated date to post Notice of Intent to Award on VIP August 15, 2023

Anticipated Contract start date September 5, 2023 mailto:Nicole.Loman@dms.fl.gov https://attendee.gotowebinar.com/register/6062987922697794394 https://attendee.gotowebinar.com/register/6062987922697794394

2. Section 2.3, Public Opening of the Invitation to Bid is hereby modified as follows:

2.3 Public Opening

Bids will be physically opened on the date and at the location indicated in the ‘Timeline of Events’ section. Bidders are not required to attend. The Department will only announce the names of Bidders who submitted a Bid at this public meeting. In accordance with section 119.071(1)(b), F.S., the Department will not provide other information regarding the Bids received at the public opening. To attend the public opening virtually, please use the link within the Timeline of Events to register. Bidders are also encouraged to download the GoToWebinar app prior to the meeting to avoid technical difficulties.

3. Attachment A, Scope of Work, section 3. Definitions, is hereby modified as follows:

Duly Qualified - possessing the requisite skills, abilities, credentials and experience.

Off duty - not engaged in one’s regular work.

Florida law enforcement officer – as defined in section 943.10 (1), F.S., any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof;

who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

4. Attachment A, Scope of Work, section 8.9.17 is hereby modified as follows:

Be capable of performing their duties in response responding to any on-site call received from the

Customer within five (5) minutes of receiving the call.

5. Attachment A, Scope of Work, section 14.3 is hereby modified as follows:

Security Guards shall be equipped with redundant communication equipment, furnished by the Contractor at no additional cost to the Customer, to be able to communicate with their supervisor, their home office, 911, the local police, and the Customer’s Contract Manager. The redundant communication equipment selected shall be in accordance with Customer’s SLA. This redundant communication equipment may include, but is not limited to:

a. Stationary Telephone

b. Cellular telephone with long-distance calling capabilities.

c. Two-Way Radio

d. Fax Machine

6. Attachment A, Scope of Work, section 22.10 Financial Consequences chart is hereby modified as follows:

7. Attachment C, Additional Special Contract Conditions, is hereby revised and replaced in its entirety with the enclosed Attachment C, Additional Special Contract Conditions.

Enclosure: Questions and Answers Exhibit

Performance Metric

Description

Period

Covered

Financial Consequences for Non-Performance;

Per Occurrence

Timely submission of complete and accurate Quarterly Sales Report

Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter

State’s Fiscal Quarter

$250 for each calendar day late

Timely submission of complete and accurate MFMP Transaction Fee Report

Submit Monthly Transaction Fee

Report fifteen (15) calendar days after the end of each month Calendar

Month $100 for each calendar day late

Timely submission of Contractor’s signed Preferred Pricing Affidavit

Submit Preferred Pricing Affidavit on Contract Anniversary Date

Annual $100 for each calendar day late

Timely submission of Proof of Insurance

Submit Proof of Insurance upon policy renewal Annual

$100 for each calendar day late

Staff Customer facility(ies) in accordance with the Customer’s SLA.

Unless otherwise specified in a Customer’s SLA, Contractor will provide the Customer facility with a replacement Security Guard within four (4) hours of a scheduled Security Guard not arriving for their duty shift.

Per Occurrence

$500

Contractor’s timely submission and implementation of an acceptable Corrective Action Plan to the Department upon request.

Failure to timely submit to the Department an acceptable Corrective Action Plan or timely implement an acceptable corrective action to resolve performance deficiencies when requested

Per Occurrence

$10,000

Questions and Answers

The Department has received the following questions through email, and the Department’s answers are provided in the table listed below:

No. Question Answer

1 I’m trying to bid but there is nowhere to submit my bid on the website. How does it work?

Please refer to section 3.3, How to Submit a Bid, of the Invitation to Bid (ITB) document.

2 What I was seeking were the total labor/contracted hours and total number of guards needed for each region (Region 1, 2 & 3). We want to be able to calculate the approximate labor cost(s) and approximate number of employees needed to service this project.

In accordance with sections 4.3, Request for Quote Requirements, and 10, Service Level Agreement of Attachment A, Scope of Work, the amount of labor/contracted hours and total number of guards needed for each region will be detailed in the Customer’s Request for Quote and defined in the Customer Service Level Agreement (SLA).

3 So is it to be understood, that the new Security Guard Services ITB No: 23- 92121500-ITB-V2, Submittal will be via mailed-in bid documents + electronic USB drive, and we are no longer utilizing the SAP Software portal?

Please see response to question 1.

4. Section 2.7 Basis of Award states “The Department intends to make multiple awards for each region to the responsive and responsible Bidder(s) that submit the lowest Basis of Award price. Bidders shall be awarded per region whose Basis of Award price is within 20% of the lowest responsive and responsible Bidder.”

With the criteria outlined above is it possible that a single low bidder might eliminate all potential competitors?

As noted in section 2.7, Basis of Award of the ITB document, Bidders shall be awarded per region whose Basis of Award price is within 20% of the lowest responsive and responsible Bidder.

5. I Section 2.7 Basis of Award states “The Department intends to make multiple awards for each region to the responsive and responsible Bidder(s) that submit the lowest Basis of Award price. Bidders shall be awarded per region whose Basis of Award price is within 20% of the lowest responsive and responsible Bidder.”

In a similar scenario, will a 20% pricing differential now deem ALL other bidders non-responsive for Level I and Level II in Region 1

Awards will be issued per Region based on Basis of Award prices which are calculated in accordance with section 2.7, Basis of Award, of the ITB document. Please also see response to question 4.

leaving only one vendor eligible for an award in that region?

6. I Section 2.7 Basis of Award states “The Department intends to make multiple awards for each region to the responsive and responsible Bidder(s) that submit the lowest Basis of Award price. Bidders shall be awarded per region whose Basis of Award price is within 20% of the lowest responsive and responsible Bidder.”

If a bidder is not within 20% of the lowest responsive and responsible Bidder for a particular level, will it deem them non-responsive for the entire region?

Please see response to question 4.

7. While it's important to consider pricing and budgets when evaluating a security service offering, it's also important to consider the overall scope of services of the program. While the security officer levels provide guidelines for the caliber of qualifications it does not necessarily reflect the scope of services.

Would the state consider providing an approach that considers a wider scope of services for this solicitation?

As noted in sections 4.3, Request for Quote Requirements, and 10, Service Level Agreement, of Attachment A – Scope of Work, a more detailed scope of services will be provided by the Customers when the Customer is ordering services.

8. While it's important to consider pricing and budgets when evaluating a security service offering, it's also important to consider the overall scope of services of the program. While the security officer levels provide guidelines for the caliber of qualifications it does not necessarily reflect the scope of services.

Given the current security risks and threats from terrorism could a separate solicitation or methodology be developed for critical infrastructure such as airports, seaports, utilities, courthouses, colleges and other facilities needing access to a specialized security program?

The ITB offers six levels of security guards for Customer use. The Department is always open to feedback for additional needs outside of the contract based on the needs and requirements expressed by Customers.

9. For state agencies that are using the current Security Guard Services (92121500-20-1) what will the effective end date of the current contract be?

As noted in section I, Initial Contract Term, of Attachment E, Draft Contract, the Initial Contract Term for the new Security Guard Services shall be for three (3) years beginning on September 5, 2023, or on the last date this

Contract is signed by all Parties, whichever is later. The Contract shall expire on September 4, 2026, unless terminated earlier or renewed in accordance with the Special Contract Conditions.

Please also refer to section 1.1, Timeline of Events of the ITB document for the anticipated contract start date. The Department anticipates terminating the current Security Guard Services Contracts 92121500-20-1 at a future date following execution of the new Security Guard Services contracts which will be coordinated with the current vendors and Customers.

10. For government entities that are not state agencies but are piggybacking on the current Security Guard Services (92121500-20-1) what will the effective end date of the current contract be

See response to question 9.

11. Will the State consider providing an overview of any minimum/living wages that will apply to this contract? For example, the State of Florida minimum wage of $12/hour will become effective September 30, 2023.

While this wage falls well below what is required to recruit and retain an unarmed individual with a Florida Department of Agriculture and Consumer Services Class “D” Security Guard license it will be applicable.

Prices may be adjusted in accordance with subsection 22.11, Price Adjustments, in Attachment A, Scope of Work, based on changes in the Producer Price Index but is subject to DMS’s exclusive right to accept or reject a price adjustment request. Bidders must consider any applicable laws or changes to minimum wage requirements that may take effect during the contract term when responding to this ITB.

12. In addition, will vendors need to be able to comply with other minimum wage requirements set by Cities and Counties?

For example, does vendor pricing need to account for Miami-Dade County, Broward County and/or other county living wage requirements?

See Section 5.1, Conduct of Business, of Attachment D, Special Contract Conditions.

Please consider compliance with all laws, rules, codes, ordinances, and licensing requirements when submitting a bid for a region.

13. Specifically, the current Broward County Living Wage for Security Officer Services is $20.82 per hour without health benefits (for employer that does not offer healthcare benefits) which is effective January 1, 2023 (covered employees will receive 40 hours of paid time off on an annual basis).

Does vendor pricing need to accommodate this current living wage as well as future living wage changes given that these changes are

Please see response to question 12.

unknown to the vendor until they are placed into effect by the County?

14. If vendors are required to comply with changes to the living wage ordinances will vendors be permitted to change their pricing to adjust for increases or decreases to these living wage requirements?

Please see responses to questions 11 and 12.

15. Section 3.2.2 Preferred Pricing. Indicates “The Contractor guarantees that the pricing indicated in this Contract is a maximum price.

Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. It is the responsibility of the awarded Bidder to provide a completed Preferred Pricing Affidavit upon Contract execution and annually thereafter throughout the Contract term.”

Will the State permit changes to bill rates when mandated minimum/living wage changes become effective in the various state, county, city or other agencies using this contract?

Please refer to section 22.11, Price Adjustments of Attachment A, Scope of Work.

Please also see response to question 12.

16. Does the vendor pricing need to accommodate both the current and potential changes to State of Florida minimum wages, Miami-Dade County Living Wage, Broward County Living Wage and other potential minimum/living wage ordinances?

Please see responses to questions 11 and 12.

17. Attachment D, 3.4 Purchase Order states “The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract.”

Since pricing is provided at a maximum price, is the contractor required to accept only purchase orders at the maximum price provided on the contract?

Contractors should respond to a Request for Quote in accordance with the pricing awarded on the Price Sheet. As noted in section 3.1, Pricing of Attachment D, Special Contract Conditions, the Contractor will not exceed the pricing set forth in the Contract documents.

Contractors are allowed to offer lower pricing.

18. Can DMS please clarify if the contractor is required to accept timely purchase orders only from State Agencies?

As defined in section 3, Definitions of Attachment A, Scope of Work, a Customer is a State Agency or Eligible User. Please also refer to section 3.4, Purchase Order, of Attachment D, Special Contract Conditions.

19. Can DMS please clarify if the contractor is required to accept timely purchase orders only from other governmental entities and/or cooperative purchasing users?

Please see response to question 18.

20. If a state agency, county, or city entity enacts a living wage above the contracted rates, or at rates which would become unprofitable for the vendor, is the vendor permitted to decline these purchase order?

Please see response to question 12.

21. Is the term of performance considered to be the term specified under the contract itself or as specified in the Service Level Agreement?”

The term of performance under the Department’s state term contract is set forth in Attachment E, Draft Contract. Each Purchase Order issued by a Customer will include a Customer Service Level Agreement specific to the Customers needs, including the performance term for that Customer.

22. Attachment C, 3.7 Transaction Fees. states “The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24), F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may otherwise be established by law, which the vendor shall pay to the State.”

Are there any anticipated changes in these transaction fees during the contract or renewal period?

The Transaction Fee is determined on an annual basis. The Department will contact each vendor of any changes to this fee as we are made aware.

23. If these transaction fees change during the initial contract period or during the renewal period will the vendor be permitted to change their fees accordingly?

Prices may be adjusted in accordance with subsection 22.11, Price Adjustments, in Attachment A, Scope of Work, based on changes in the Producer Price Index but is subject to DMS’s exclusive right to accept or reject a price adjustment request. Bidders must consider any applicable laws or changes to the transaction fee during the contract term when responding to this ITB.

24. Attachment B, 6.10 Cooperative Purchasing states “Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the

All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee.

Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C.”

Is the transaction fee applicable to cooperative purchasing agreements?

25. Attachment B, 7.4 Performance Bond states “Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.”

This is a significant expense to the contractor.

Should this cost be accounted for in all pricing?

Vendors are encouraged to review all terms and conditions and shall account for all expenses when determining final pricing.

Also see the addendum for the modification to Attachment C, Additional Special Contract Conditions, section 7.4, Performance Bond.

26. Can an additional fee be added to account for the costs of a performance bond when it is required?

Any performance bond or irrevocable letter of credit shall be provided without additional cost to the Customer. See the addendum for the modification to Attachment C, Additional Special Contract Conditions, section 7.4, Performance Bond.

Please also see response to question 25.

27. Attachment B, 11.2.1 Proposal of Corrective Action Plan states “In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a timeframe specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer.”

Can the Department provide the specified timeframe that will be expected for corrective action to occur (or at least provide range in

The Department or Customer will notify the Contractor of the timeframe for the Corrective Action Plan. The timeframe may be based on the specific issues identified by the Department or Customer and cannot be quantified in advance.

the timeframes) so that the impact of this response time can be determined?

28. Attachment B, 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure states “If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount.”

Can the Department provide the template that will be used for the corrective action plan and the parameters for what is considered acceptable or unacceptable?

No. The Corrective Action Plan will depend on the issues identified by the Customer or the Department.

29. Can the Department provide the specified timeframe that will be expected for corrective action to occur (or at least provide range in the timeframes) so that the impact of this response time can be determined?

Will two (2) year background in Department of Corrections and Military also apply?

See response to question 27.

30. Attachment C, 6.5 states “All armed and unarmed Security Guards employed by the Contractor must have at a minimum of one

(1) year of similar Security Guard Services experience.”

Are all Security Guard Level I positions (An unarmed individual with a Florida Department of Agriculture and Consumer Services Class “D” Security Guard license) required to have a minimum of one (1) year of experience as a Class “D” security officer?

Yes. Please refer to sections 6.1, and 6.5 of Attachment A, Scope of Work for requirements for armed and unarmed Security Guards.

31. Attachment C, 5.4. states “Assist the Customer’s personnel in emergency situations as identified by the Customer. If an emergency extends beyond the normal working hours, the Security Guard will be paid for additional hours at the standard rate of pay. Security Guards may be diverted by the Customer from normal assignment duties to respond to emergency situations or special duty assignments. No additional costs shall be charged to the Customer for such diversion of Security Guards for emergency situations; however, the Contractor will not be penalized for any regular daily work task not

Please refer to section 8.9.8 of Attachment A, Scope of Work. If an emergency extends beyond the normal working hours, the Security Guard will be paid for the additional hours at the standard rate of pay.

For authorized overtime worked please refer to section 19.2 of Attachment A, Scope of Work.

completed by the Security Guard due to their participation in such emergency activities.”

Can the State please clarify if the contractor will be required to pay security guards at regular rates for the emergency extended hours?

32. Will the contractor still be penalized for not completing regularly assigned tasks as a result of the emergency?

As noted in section 8.9.8 of Attachment A, Scope of Work, the Contractor will not be penalized for any regular daily work task not completed by the Security Guard due to their participation in emergency activities.

33. Will the 40-hour maximum work week requirement still apply?

Please see response to question 31.

34. Could meeting these emergency needs result in the contractor being given a fine?

Please see response to question 32.

35. Attachment C, 8.9.16. states “Where applicable, ensure availability as required for special events and situations where Customer provides Contractor with 24 hours advanced notice.” The standard industry notification time for special events is typically 72-hours in advance.

To clarify, which rate will the contractor be permitted to use in these circumstances (e.g., the Occasional rate or whatever rate is currently in effect)?

Please refer to section 5.2.5, Occasional of Attachment A, Scope of Work, and Attachment B, Price Sheet, where pricing is requested for such Occasional security guard services.

36. Should the 24-hour advanced notification timeframe be priced into the Occasional rates or into ALL rates?

This question is unclear. There is not a 24-hour advanced notification timeframe listed for Occasional security guard services. The reference to twenty-four hours in section 5.2 of Attachment A, Scope of Work, is a reference to the potential number of hours worked by a security guard.

37. Attachment C, 8.9.17. Be capable of responding to any on-site call received within five (5) minutes.

Can you please clarify what type of response is required within the 5-minute required response timeframe?

See the addendum for the modification to section 8.9.17 of Attachment A, Scope of Work.

38. Should 5-minute response timeframe requirement be priced into all rates?

Yes. Please note that the Security Guard will already be on-site, and this is a requirement of them fulfilling their job.

39. Attachment C, 9.1.6 states “Successfully pass a pen and paper literacy test administered by the Contractor including, but

No. The Contractor is expected to provide and administer these tests.

not limited to, spelling and grammar.

Contractor shall furnish results to Customer or DMS upon request.”

Will the State provide the required literacy test?

40. Attachment C, 13.1 states “The Contractor shall provide a manager (i.e. Regional and Corporate Headquarters) who will conduct regular, unannounced inspections to ensure Security Guards’ compliance with established terms and conditions. The frequency of Inspections will be determined in the Customer’s SLA.”

Can the State please define the period of inspections required so that they can be accounted for in contractor provided pricing?

As noted in section 13, Contractor Inspections, subsection 13.1 of Attachment A, Scope of Work, the frequency of inspections will be determined in the Customer’s SLA.

41. Attachment C, Section 14.3 states that “Security Guards shall be equipped with redundant communication equipment, furnished by the Contractor, to be able to communicate with their supervisor, their home office, 911, the local police, and the Customer’s Contract Manager. This redundant communication equipment may include but is not limited to: a. Stationary Telephone b. Cellular telephone with long-distance calling capabilities. c. Two-Way Radio d. Fax Machine”

Can the state please clarify if this equipment needs to be provided at no additional cost?

section 14.3 of Attachment A, Scope of Work.

14.3 Security Guards shall be equipped with

redundant communication equipment, furnished by the Contractor at no additional cost to the Customer, to be able to communicate with their supervisor, their home office, 911, the local police, and the Customer’s Contract Manager. The redundant communication equipment selected shall be in accordance with Customer’s SLA. This redundant communication equipment may include, but is not limited to:

a. Stationary Telephone

b. Cellular telephone with long-distance calling capabilities.

c. Two-Way Radio

d. Fax Machine

42. Please specify which redundant communication will need to be priced into the contractor’s bill rates? This will be a significant cost item and expensive to the agencies. In addition, contractors may not have the ability to install Stationary Telephones on client property.

The equipment listed in section 14.3 of Attachment A, Scope of Work is a listing of potential redundant communication equipment which may be utilized in order for the Security Guard to properly communicate with their supervisor, their home office, 911, the local police and the Customer’s Contract Manager.

section 14.3 of Attachment A, Scope of Work.

14.3 Security Guards shall be equipped with

redundant communication equipment, furnished by the Contractor at no additional cost to the Customer, to be able to communicate with their supervisor, their home office, 911, the local police, and the Customer’s Contract Manager. The redundant communication equipment selected shall be in accordance with Customer’s SLA. This redundant communication equipment may include, but is not limited to:

a. Stationary Telephone

b. Cellular telephone with long-distance calling capabilities.

c. Two-Way Radio

d. Fax Machine

43. Please define if it’s possible that the contractor will need to provide all of these redundant communication methods?

Please see response to question 42.

44. Please define any other communication equipment that may be required beyond this list?

In accordance with section 4.1, Description of Scope, of Attachment A, Scope of Work, the Contractor shall provide all labor, supervision, materials, and equipment necessary to perform and complete the services in all respects in accordance with the Contract and any Customer Service Level Agreement. See also section 14.3 of Attachment A, Scope of Work, which indicates the redundant equipment includes, but is not limited to, what is listed therein.

45. Almost all security companies are now providing some type of guard tour system as optional equipment since it’s integral to reporting security incidents, monitoring security guard performance and other critical activities.

Would the State please add an additional equipment option for guard tour systems in Attachment B, Ancillary Equipment (Optional)? This equipment has become as critical as vehicles and golf carts.

In accordance with section 21, Reporting and Documenting Procedures, subsection 21.6 of Attachment A, Scope of Work, upon request, the Contractor must provide, at no additional expense to the Customer, an electronic Guard Tour Patrol System that will be utilized by the Security Guard(s) assigned to the Customer’s facility. All records of such patrols must be made reviewable and available to the Customer upon request.

46. Attachment C, 14.1 Security Guards providing services under this Contract shall report to work in uniforms provided by, and paid for by, the Contractor, unless otherwise specified by the Customer in the SLA.

Pursuant to subsection 22.1, a Contractor shall have sole responsibility for the supervision, daily direction and control, payment of salary (including withholding of income taxes and social security), and any

Some security guard companies pay for these uniforms but then deduct these costs from the security officer payroll. Is this acceptable?

benefits for its personnel. The Security Guard’s uniform will be at the expense of the Contractor. As noted in section 14.1 of Attachment A, Scope of Work, Security Guards providing services under the Contract shall report to work in uniforms provided and paid for by the Contractor, unless otherwise specified by the Customer in the SLA. All Security Guards shall be appropriately uniformed in accordance with section 493.6305, F.S.

47. If not acceptable, how will this be audited? Please see response to question 46.

48. Attachment C, 18.5 states “The Contractor shall provide coverage of additional shifts or special requests as approved by the Customer pursuant to this Section 5 at standard hourly billing rates.”

Are these additional shifts and special requests billable at the Occasional rates or are contractors required to price in this overtime within the standard bill rates?

Additional shifts and special requests are considered “Occasional” The Customer will be billed in accordance with the hourly rate provided on Attachment B, Price Sheet.

Please also see section 5.2.5, Occasional, of Attachment A, Scope of Work. Overtime may only be invoiced in accordance with section

19.2 of Attachment A, Scope of Work.

49. Attachment C, 19.4 states “The Contractor may be authorized or required to furnish unscheduled uniformed Security Guards for the premises or other location(s) designated by the Customer according to the rates established in the pricing schedules and pursuant to all other provisions of this Contract.”

Since this contract requires contractors to furnish unscheduled security guards according to the standard pricing schedules while state law requires contractors to pay overtime all vendors will need to account for overtime in the standard bill rates?

Overtime may only be invoiced in accordance section 19.2 of Attachment A, Scope of Work.

Contractor will maintain a group of substitute/alternate Security Guards trained on the Customer’s facility for assignment as required in accordance with Section 18.5, of Attachment A, Scope of Work and is responsible for maintaining sufficient staffing to ensure Security Guards are available to work at the Customer’s facility list as incorporated through the SLA in accordance with Section 20, Coverage, of Attachment A, Scope of Work.

50. Would the State consider adding an overtime bill rate so that all agencies don’t bear the additional costs of overtime costs included within the standard rates when they may not be applicable to them?

Please see response to question 49.

51. Attachment C, 20. Coverage states “Contractor is responsible for maintaining sufficient staffing to ensure Security Guards are available to work at the Customer’s facility list as incorporated through the SLA.

Customer’s facility(ies) shall be staffed in accordance with the Customer’s SLA. In the event there is no

See the addendum for the modification to section 3, Definitions, of Attachment A, Scope of Work.

Security Guard available for any duty shift, the Contractor shall hire and pay a duly qualified off-duty Florida law enforcement officer to cover the shift at no additional cost to the Customer.”

Can the State please define a “duly qualified off-duty Florida law enforcement officer”?

52. Attachment C, Section 22.10 Financial Consequences states “Financial consequences may be assessed on a daily basis for each individual failure of the listed performance metric(s) until the performance or submittal is accomplished to the Department’s and/or Customer’s satisfaction and will apply to each covered period beginning with the first full month or quarter of the Contract’s performance and each and every month and quarter thereafter.”

Can the State please clarify how these financial consequences will accrue on a daily basis and is there any maximum financial consequences?

See the addendum for the modification to section 22.10, Financial Consequences of Attachment A, Scope of Work.

53. Attachment C, Section 22.11 Price Adjustments state “Prices may be adjusted no earlier than twelve (12) months after the start date of the Contract and no earlier than twelve (12) months after the effective date of the previous price adjustment, whichever is later. All other pricing shall be in accordance with the initial and renewal term pricing. Price increases must be supported by a change in the Producer Price Index (PPI) for the Series ID(s) shown in the table below. This information is published by the U.S.

Department of Labor, Bureau of Labor Statistics (BLS), and is available at http://www.bls.gov/data/.

Would the State consider allowing annual pricing adjustments as many government cities and counties are currently their living/minimum wage requirements? This would be beneficial to the Agencies and Users since contractors could bid more aggressively rather than trying to predict future changes to the living/minimum wage rates which has become increasingly more difficult to predict.

Price adjustments will only be permitted in accordance with the process set forth in section 22.11, Price Adjustments of Attachment A, Scope of Work.

Bidders are encouraged to submit a bid taking into consideration the prevailing wage, living wage ordinance, local mandated wage, and any potential changes thereto, for whichever Region it chooses to submit a bid.

http://www.bls.gov/data/

54. Can the State please clarify if the PPI annual adjustment will be applicable to both the Initial Term Pricing and the Renewal Term Pricing? For example, can the contractor request an increase in the Year 2 pricing with the bid submission?

The PPI price adjustment is applicable to both the initial and renewal term pricing. As noted in section 22.11, Price Adjustments of Attachment A, Scope of Work, prices may be adjusted no earlier than twelve (12) months after the start date of the Contract and no earlier than twelve (12) months after the effective date of the previous price adjustment, whichever is later. All other pricing shall be in accordance with the initial and renewal term pricing.

55. Attachment C, Section 22.12 states that purchasing card program using the Visa platform has been implemented.

Contractors will incur additional fees for using this Visa platform. Should contractor pricing be inclusive of this fee or can this be billed separately?

Bidders shall consider all costs/expenses of providing services in accordance with the terms of this ITB when submitting a bid.

56. Since this could be a significant cost item to agencies that are not using this Visa platform would the State consider making this billable only to those agencies using this service?

See response to question 55.

57. Can Section 2.3.2 of Attachment D to the Draft Contract on page 2 of Attachment D be revised to give the Contractor the reciprocal right to terminate the Contract for convenience on ninety (90) days’ prior written notice to the State of Florida?

Our company regularly adds clients to our insurance as additional insureds, so long as our obligations are aligned with our indemnification obligations under the applicable contract and do not exceed the specified insurance limits we have agreed to provide.

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

Section 2.3.2 of Attachment D, Special Contract Conditions, speaks to the termination of the Department’s contract. However, specific terms regarding termination of a Customer’s order may be negotiated between a Contractor and a Customer in the Customer SLA. Any Customer terms and conditions conflicting with the Department’s Special Contract Conditions shall not become a part of the Contract between DMS and the vendor.

58. Can Section 7.2 of Attachment D to the Draft Contract on page 9 of Attachment D be revised as follows to reflect those parameters?

On line 6, insert the following after the reference to “additional insured:”

The Department will not accept any unrequested terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response. In submitting its Bid, a Bidder agrees that any additional terms or conditions, “…to the extent of the Contractor’s obligations under Section 7.5 below and up to a maximum insured amount of $10,000,000.”

whether submitted intentionally or inadvertently, shall have no force or effect.

59. Our company stands behind our security services and regularly accepts the obligation to assume responsibility for the comparative portion of any losses or damages that are caused by the negligence or fault of our personnel in the performance of security services under client agreements. Can Section 7.5 of Attachment D to the Draft Contract on page 10 of Attachment D be revised as follows to reflect those parameters?

On line 5, replace the phrase “arising from or relating to” with the phrase “to the extent caused by.”

On line 6, replace the phrase “out of any acts, actions” with the phrase “any errors.”

See response to question 58.

60. Will the State consider permitting the Contractor to terminate the contract for convenience on 120 days’ prior written notice?

No.

61. Who is the current incumbent The current vendor contracts Security Guard Services state term contract No. 92121500- 20-1 may be found on the DMS website located here:

http://www.dms.myflorida.com/business_opera tions/state_purchasing/state_contracts_and_a greements/state_term_contract/security_guard _services2

62. When was the current incumbent awarded the contract? Could you please provide us with a copy of the current contract?

Please see response to question 61.

63 Are there any subcontractors being used for the current contract.

In section 9, Service Level Agreements, subsection 9.1 of Attachment B, Scope of Work, for the current agreement, the Contractor agrees it will not subcontract any of the Security Guard Services it provides pursuant to this contract.

64. What was the start date of the initial contract Please see response to question 61

65. What was the initial term length of the current contract (for example, 1 year plus 4 year options, etc.)

Please see response to question 61 https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/security_guard_services2 https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/security_guard_services2 https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/security_guard_services2

66. What was the total spent in the last billed month?

As noted in section 1.4, Background, of the ITB, Security Guard Services Contract No.

92121500-20-1, has an average annual spend of $46.3 million. Historical spend is provided for informational purposes only and should not be construed as representing actual, guaranteed, or minimum spend under a new contract.

If you wish to receive the spend for the last month, you may request this information by submitting a Public Records Request. This request is best directed to the Contract Manager assigned to the existing Security Guard Services STC found on the DMS website cited in response to question 61.

67. Are there any other rates billed separately (such as equipment, vehicles, etc.)

As noted on Attachment B, Price Sheet, bidders may provide pricing for Ancillary Equipment for both the initial and renewal term for any Region for which the Bidder wishes to be considered for an award.

Bidders will not be deemed nonresponsive if they do not offer pricing for ancillary equipment.

68. Are there any significant modifications from the previous contract to the new one?

For instance, an increase in hours, a change in guard type (e.g., armed vs unarmed), a need for additional resources?

No. However, Customer needs may be modified from prior years and will be further defined in the Customer request for quote and the resulting SLA

69. What was the amount spent on this contract last year?

Please see response to question 66.

70. What is the estimated total number of annual hours for this contract?

Please see response to question 2.

71. What is the current bill rate for each position? Please refer to the existing Price Sheet for the existing STC found on the DMS website.

Security Guard Services state term contract No. 92121500-20-1 cited in response to question 61.

72. Are there any additional services that may be needed that are not listed in the RFP?

For instance, the need of additional sites, seasonal required security, etc.

Customer specific needs will be defined by the Customer in the Request for Quote and the Customer’s SLA. A vendor may only provide services in an awarded region(s) and at a cost not exceeding the pricing in the Contract.

73. Beyond the state and federal minimum wage, is there a prevailing wage, living wage

Bidders must consider any applicable laws or changes to minimum wage requirements that https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/security_guard_services2 https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/security_guard_services2 ordinance, local mandated wage, or contract-specific wage?

may take effect during the contract term when responding to this ITB.

74. Is a Bid Bond or performance bond required?

Attachment C, Additional Special Contract Conditions, section 7.4, Performance Bond.

75. If yes, how much? Please see response to questions 26 and 74.

76. Is there a specific way you would like the response to be prepared? For example:

bound, unbound, 3-ring binder(s), pages limits, paper type, etc.?

Please refer to section 3.3, How to Submit a Bid, of the ITB document.

77. Is the current contract using vehicles? If yes, how many?

Please refer to the existing contract Security Guard Services state term contract No.

92121500-20-1 found on the DMS website cited in response to question 61. The Department does not currently have information about which Customers utilize vehicles as a part of the security guard services received.

78. Are there any MWBE/VS/DBE or other goals for this project?

Please refer to section 1.11, Commitment to Diversity, of the ITB document. Please also refer to section 4.5, Diversity, of Attachment D, Special Contract Conditions.

79. Could you please clarify how many originals and copies are being requested of the technical proposal and the cost proposal?

Please see response to question 76.

80. If there is a liquidation penalty on contract Ex:

If security officer comes late there will be a penalty on the contract or budget cost? Was there a liquidation penalty on the previous contract?

In addition to the financial consequences set forth in section 22.10, Financial Consequences, of Attachment A, Scope of Work, Customer specific performance metrics will be outlined in the Customer SLA.

81. When do you anticipate the start date of a contract resulting from the award of this solicitation?

Please refer to section 1.1, Timeline of Events, of the ITB document.

82. What is your preferred transition schedule?

More specifically, how much time from the award date to the contract start date do you anticipate?

Please see response to question 81.

83. Can the State of Florida produce a summarization of any financial consequences that have been imposed on any vendor(s) serving this contract in the last three calendar years? And in this summary can the reasons for consequence be specified to a particular or singular event

The Department specifically has not imposed financial consequences on any of the Contractors on the existing Security Guard Services state term contract. The Department does not currently have information about whether any Customers imposed financial consequences under a Customer specific order.

84. Can the State of Florida produce an example of a remarkable literacy test that has been administered and reviewed by the Contract

The Department does not have an example of a previously administered literacy test. The https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/security_guard_services2 https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/security_guard_services2 https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contract/security_guard_services2

Manager or another State representative for compliance

Contractor is expected to provide and administer these tests.

85. 11.2.1 Proposal of Corrective Action Plan.

In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor and request a Corrective Action Plan. The correction must be made within the time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer within the time-frame specified by the Department or Customer.

Is there a minimum time frame that can be incorporated here?