Tampa CSP 730-0447 ITN.pdf

STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

INVITATION TO NEGOTIATE (ITN) 730:0447

Table of Contents

(R05/26) Please initial Offeror acknowledgement on all pages of this submittal form:

Item Page

ITN Submittal Cover Pages 3 Introduction and Overview 4-7 Invitation to Negotiate - Instructions & General Information 8-10 Invitation to Negotiate - Reply Writing Guidelines; Terms of the Reply 11-12 Lease Terms and Conditions 12-16 Reply Evaluation& Negotiation Process; Proposal Evaluation Criteria 16-19 Protest Procedure 20 Certification, Required Documentation Checklist 20 Agency Specifications - Restrooms, Floor Plans 21-23 Construction Meetings, Occupancy, Fire Prevention, Air Quality 23-25 Security Requirements 25-26 Windows, Ceiling Fans, Lighting 26-27 Electrical Requirements, Janitorial Service 27 Boundary Map 28 Space Allocation Requirements 29-30

This ITN, future amendments, notices, etc., related to the ITN will be available and accessible through the State’s Vendor Information Portal (VIP) link: https://vendor.myfloridamarketplace.com/

It is the responsibility of interested individuals to check the VIP site for future postings under the ITN.

INVITATION TO NEGOTIATE (ITN) 730:0447

Table of Contents

Attachments Boundaries (Attachment A) Space Allocation Requirements (Attachment B)

Agency Specifications (Attachment C) Lease Agreement (Attachment D) Liquidated Damages (Attachment D, Addendum A) Janitorial Services (Attachment D, Addendum B) Proposal Submitted by the Lessor (Attachment D, Addendum C) Indoor Air Quality (Attachment D, Addendum D) Security & Fire Systems (Attachment D, Addendum E) Telecommunications Systems & Cabling Requirements (Attachment D, Addendum F) Disclosure Statement (Attachment E) Fire Marshal (Attachment F) Energy Performance Requirements (Attachment G) Commission Agreement (Attachment H) Power of Attorney (Attachment I)

All pages must be initialed in the space provided on the bottom of each page.

STATE OF FLORIDA

INVITATION TO NEGOTIATE (ITN) 730:0447

Pursuant to Rule 60H-1.015, F.A.C., all Offerors submitting rental rates for existing buildings must include a rental rate per square foot per year for all years of the lease, including renewals, that will include all renovations and other special requirements necessary to accommodate the Agency at the time of initial occupancy.

Offeror’s Information Offeror’s Contact Name: Title:

Company: FEID or Social Security Number (SSN):

Address:

City/State/Zip:

Phone Number: Email:

Proposal Information Address of Proposed Space:

Street

City

State

Zip

Usable Square Feet in Proposed Space: __________________________________

Available Parking: Exclusive Parking: Non-Exclusive Parking:

Provide the proposed Full-Service rent for each year of the Base and Renewal Option terms as specified on page 13, Section D.

Base Term Rate Per Square Foot Total Annual Rental

Year 1 $ $ Year 2 $ $ Year 3 $ $ Year 4 $ $ Year 5 $ $ Year 6 $ $ Year 7 $ $ Year 8 $ $ Year 9 $ $

Year 10 $ $ Option Renewal Terms Rate Per Square Foot Total Annual Rental

Year 1 $ $ Year 2 $ $ Year 3 $ $ Year 4 $ $ Year 5 $ $ Year 6 $ $ Year 7 $ $ Year 8 $ $ Year 9 $ $

Year 10 $ $

STATE OF FLORIDA

INTRODUCTION AND OVERVIEW

The State of Florida’s Department of Revenue hereinafter referred to as the “Agency” or “Lessee”, requests your participation in existing office space located in Hillsborough County, Florida (more detailed boundaries are attached hereto as Attachment A). The Department of Revenue is seeking detailed and competitive proposals to provide built-out office facilities and related infrastructure for the occupancy by the Agency. As relates to any space that is required to be built- out pursuant to this Invitation to Negotiate, please see Attachment B which includes the Agency Specifications detailing the build-out requirements.

All responses to this Invitation to Negotiate (hereinafter referred to as a “Reply” or “Replies”) must be received by the date required in Section A, on page 9 in written/typed form. The Reply must be sent, within the timeframes provided herein, to the Department of Revenue at the address specified in Invitation to Negotiate.

The “Offeror” shall mean the individual submitting a Reply to this Invitation to Negotiate (ITN), such person being the owner of the proposed facility or an individual duly authorized to bind the owner of the facility. The term “Reply” or “Replies” shall be the Offeror’s response to the ITN. The term “State” shall mean the State of Florida and its Agencies. The term “Lessor” shall mean the successful Offeror.

Offerors must submit proposals for all lease terms being requested. Any proposal that does not contain rates for any term will be considered non-responsive and the offer will not be evaluated.

This is an Invitation to Negotiate. Nothing contained herein shall be deemed an offer to lease, and the State reserves the right to negotiate with all, some or none of the respondents in its sole discretion. Please note that the State has the right, at any time during the process, to reject any and all proposals that are not, in the State’s sole discretion, in the best interests of the State.

The Agency is seeking approximately 21,328 (minimum) to 23,574 square feet of usable space, (as defined below) within the Boundaries (as set forth in Attachment A) with a 10-year rate.

INVITATION TO NEGOTIATE (ITN) 730:0447

CLARIFICATIONS

Before award, the Agency reserves the right to seek clarifications, to request revisions to Replies, and to request any information deemed necessary for proper evaluation of Replies. Offerors may be requested to make a presentation, provide additional references or information, or provide the opportunity for a site visit, if deemed necessary by the Agency. Any written summary of presentations or demonstrations shall include a list of attendees, a copy of the agenda, and copies of any visuals or handouts, and shall become part of the Offeror’s Reply. Failure to provide requested information may result in rejection of the Reply.

REJECTION OF ALL REPLIES

The Agency reserves the right to reject all Replies at any time, including after an award is made, when to do so would be in the best interest of the State of Florida, and by doing so assumes no liability to any Offeror.

WITHDRAWAL OF ITN

The Agency reserves the right to withdraw the ITN at any time, including after an award is made when in the best interest of the State; in doing so, the Agency assumes no liability to any Offeror.

RESERVED RIGHTS AFTER NOTICE OF AWARD

The Agency reserves the right to schedule additional negotiation sessions with Offerors identified in the posting of a Notice of Award in order to establish final terms and conditions for contracts with those Offerors. The Agency reserves the right, after posting notice thereof, to withdraw or amend its Notice of Award and reopen negotiations with any Offeror at any time prior to execution of a contract.

PUBLIC RECORDS

All electronic and written communications pertaining to this ITN, whether sent from or received by the Agency, are subject to the Florida public records laws. Sealed Replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1), F.S., and Section 24(a), Art. I of the Florida Constitution until such time as the Agency provides notice of an intended decision or until 30 days after opening final Replies.

If an Offeror considers any portion of the materials submitted in its Reply to this solicitation to be confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, the Offeror must mark the document as “Confidential” and simultaneously provide the Agency with a separate redacted copy of its Reply 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 Offeror’s name on the cover and shall be clearly titled “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Offeror claims are confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution, or other authority.

It is the Offeror’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law. The Offeror shall be responsible for defending its determination that the redacted portions of its Reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure.

By submitting a Reply, the Offeror agrees to protect, defend, and indemnify the Agency for any and all claims arising from or relating to the Offeror’s determination that the redacted portions of its Reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Offeror fails to submit a redacted copy of information, it claims is

INVITATION TO NEGOTIATE (ITN) 730:0447

confidential, the Agency is authorized to produce all materials submitted to the Agency in answer to a public records request for these records.

FAMILIARITY WITH LAWS

The Offeror is required to be familiar with all federal, state and local laws, ordinances, rules, and regulations that in any way affect this project. Lack of knowledge by the Offeror shall in no way allow relief from responsibility. All costs associated with compliance shall be borne by the Offeror. The Agency shall exercise due care in response to questions concerning matters of law, but if in error, shall not be estopped from asserting the correct principles of law.

LEGAL REQUIREMENTS

Applicable provisions of all federal, state, county and local laws and administrative procedures, regulations or rules shall govern the development, submittal and evaluation of all Replies received in response hereto. Florida law shall govern any and all claims and disputes, which may arise between persons submitting a Reply hereto and the Agency. Lack of knowledge of the law or applicable administrative procedures, regulations or rules by any Offeror shall not constitute a cognizable defense against their effect.

VENUE

The validity, interpretation, and performance of the lease shall be controlled by and construed under the laws of the State of Florida. Any and all litigation arising under the lease must be instituted in the appropriate court in Leon County, Florida.

WAIVER

The failure of any party to the lease resulting from this ITN to object to or take affirmative action with respect to any conduct of the other which is in violation of the terms of the lease shall not be construed as a waiver of the right to seek remedies for the violation or breach, or of any future violation or breach.

VENDOR REGISTRATION IN MYFLORIDAMARKETPLACE

To comply with Rule 60A-1.033, Florida Administrative Code (F.A.C.), each successful vendor doing business with the State for the sale of commodities or contractual services as defined in Section 287.012, F.S., shall register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033(3), F.A.C., in order to be paid. If the vendor is already registered in MyFloridaMarketPlace, the vendor may include a signed Certification of Registration. Vendors who are not subject to registration requirements should include proof of exemption by Rule from registration. Failure to exclude either proof of registration or exemption will not prevent the evaluation of the Offer; however, such failure must be remedied prior to execution of a contract, if any. (Attachment I)

LOBBYING AND INTEGRITY

The Agency shall ensure compliance with Section 11.062, F.S., and Section 216.347, F.S. The Offeror shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Agency’s Inspector General, or other authorized State official, the Offeror shall provide any type of information the Inspector General deems relevant to the Offeror’s integrity or responsibility. Such information may include, but shall not be limited to, the Offeror’s business or financial records, documents, or files of any type or form that

INVITATION TO NEGOTIATE (ITN) 730:0447

refer to or relate to the Contract. The Offeror shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Agency of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/). The Offeror agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Offeror’s compliance with the terms of this or any other agreement between the Offeror and the State which results in the suspension or debarment of the Offeror. Such costs shall include but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Offeror shall not be responsible for any costs of investigations that do not result in the Offeror’s suspension or debarment.

INDEMNIFICATION

The Offeror shall act as an independent contractor and not as an employee of the Department in the performance of the tasks and duties which are subject of the lease. The Offeror shall be liable, and agrees to be liable for, and shall indemnify, defend and hold the Department, the State of Florida, its officers and employees, harmless from all claims, suits, judgments or damages (including litigation costs and reasonable attorney’s fees) arising from the Offeror’s performance of the tasks and duties which are subject of the lease whether accomplished by subcontractor or not, including:

A. Obtaining consent of any nature whatsoever.

B. All claims arising from contracts between the Offeror and other parties made pursuant to the lease.

C. Actions resulting from hidden defects in the property which a reasonable inspection of the premises did not reveal.

SUBCONTRACTING

The Offeror may enter written subcontracts for performance of work under the lease but only with prior written approval of the Department. The Department shall have the continuing right throughout the term of any lease resulting from this ITN to disapprove subcontractors if such disapproval would be in the best interest of the Department. The Department shall have the right to inspect and acquire copies of any of the documents executed between the Offeror and the subcontractor. No subcontract, which the Offeror enters with respect to performance under the lease, shall in any way relieve the Offeror of any responsibility for performance of duties required by law or required in any lease resulting from this ITN.

UNAUTHORIZED ALIENS

Notice to the Offeror: The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of the lease without penalty. That unauthorized aliens shall not be employed by the contractor. The Department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C.

1324 a). Such violation shall be cause for unilateral cancellation of this contract by the Department.

Pursuant to Executive Order #11-02 (as superseded by 11-116), signed by Governor Rick Scott on May 27, 2011, the successful proposer will utilize the E-verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and subcontractors.

http://dos.myflorida.com/library-archives/records-management/general-records-schedules/

INVITATION TO NEGOTIATE (ITN) 730:0447

ITN INSTRUCTIONS AND GENERAL INFORMATION

A. PROPOSAL REPLIES

Complete written Replies are due by 1:00 pm on July 22, 2026. Submissions must include the original ITN form properly completed and witnessed in a sealed envelope (or other suitable package) with the lease number and/or ITN number clearly marked on outside sealed envelope. The written Replies are acceptable via US Mail, private courier service, or hand-delivery to:

Florida Department of Revenue

Office of Leasing & Facilities ATTN: Torie Swain/ Glen Garrett/

John Mangar 2450 Shumard Oak Blvd, Building 2, Suite 1600 Tallahassee, Florida 32399

Replies will be opened at 1:01 PM EST on July 22, 2026, at the address referenced in Item A. Key Invitation to Negotiate Dates are referenced in Item C. The Capitol Circle Office Complex is a secure facility, and it takes additional time to gain access. Please allow additional time to gain entrance or notification of authorized personal. Note that Replies which are late, unsealed, missing, and replies which are deemed by the Department (in the Department’s sole discretion), to be substantially incomplete, inaccurate, vague, or illegible are not the responsibility of the State and will not be considered. Once received, all Replies and attachments shall become the property of the State of Florida exclusively and will not be returned.

B. QUESTIONS REGARDING THE ITN

Any questions or clarifications regarding this Invitation to Negotiate or its specifications will be addressed, in writing at a pre-bid conference meeting on June 3, 2026. Address for pre-bid conference is referenced in Item A. Following the pre-bid conference, all questions must be submitted via e-mail to Torie Swain at torie.swain@floridarevenue.com, Glen Garrett at glen.garrett@floridarevenue.com, Chris Brown at Cdbrown@savills.us, Mike Messina at MMessina@savills.us or Jerry Thornbury at Jthornbury@savills.us no later than June 18, 2026. All answers to be posted on Vender Information Portal (VIP) no later than June 25, 2026. The Agency strongly encourages, but does not require, that all prospective Offerors participate in the Pre-Bid Conference during which Offerors may pose questions.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodation to participate in this pre-bid conference is asked to advise the agency at least 5 days before the pre-bid conference by contacting Torie Swain at 850-717-7427 or through the Florida Relay Service at 1-800-955-8771 (TTD).

From the date this ITN is issued until a notice of recommended award, rejection of all bids or other notice is made, no contact related to the ITN will be allowed between an Offeror and any Department staff, with the exception of Torie Swain, Glen Garrett, Chris Brown, Mike Messina, or Jerry Thornbury. Any unauthorized contact will disqualify the Offeror for further consideration.

Pre-Bid Conference agenda, material clarifications, changes in specifications, or any other information related to this Invitation to Negotiate (as solely determined by the Department) will be posted on the Vendor Information Portal @ https://vendor.myfloridamarketplace.com/ mailto:torie.swain@floridarevenue.com mailto:Cdbrown@savills.us mailto:%20MMessina@savills.us mailto:Jthornbury@savills.us https://vendor.myfloridamarketplace.com/

INVITATION TO NEGOTIATE (ITN) 730:0447

(R05/26) Please initial Offeror acknowledgement on all pages of this submittal form:

C. KEY ITN DATES

Date ** Time Schedule of Events** 5/21/2026 Date on which the ITN is advertised on the Vendor Information Portal 6/03/2026 1:00 pm *Pre-Bid Conference via Teams; details to be provided by Tenant Broker and posted to the

Vendor Information Portal at a later date 6/18/2026 5:00 pm Deadline for submitting questions, in writing, relating to this ITN

No further questions accepted after this date and time 6/25/2026 Date responses to written questions received relating to this ITN will be posted on the Vendor Information Portal 7/22/2026 1:00 pm Deadline for Receipt of Replies

LATE REPLIES WILL NOT BE CONSIDERED

7/22/2026 1:01 pm *Opening of Replies

Florida Department of Revenue 2450 Shumard Oak Blvd Building 2, Suite 1600 Tallahassee, FL 32399

7/22/2026 8/5/2026

Time period for evaluation of Replies / Agency’s Evaluators Tour of Selected Offered Facilities

8/10/2026 8/27/2026

Estimated time period for negotiations

8/31/2026 Estimated Notice of Intent of Award posted on Vendor Information Portal 9/1/2028 Anticipated Lease Start Date

*All Offerors are hereby notified that the meetings noted with an asterisk (*) above are open to the public and may be electronically recorded by any member of the audience. Although the public is invited no comments and/or questions will be taken from Offerors or other members of the public (except for comments and questions of the potential Offerors at the Pre-Bid Conference).

**NOTE: All dates, times and locations are subject to change at the sole discretion of the Department.

Such changes will be posted on the VIP Web Site https://vendor.myfloridamarketplace.com/. All times for this solicitation are Eastern Standard Time.

D. OFFICIAL CONTACT PERSON – TENANT BROKER

Inquiries and comments about this ITN should be directed to:

Savills Occupier Services 3000 Bayport Drive Suite 310 Tampa, Fl 33607

Chris Brown, Mike Messina, or Jerry Thornbury Phone: 813-864-1688 Cdbrown@savills.us MMessina@savills.us JThornbury@savills.us

The people above are the only authorized individuals to respond to ITN comments and questions.

mailto:Cdbrown@savills.us mailto:MMessina@savills.us

INVITATION TO NEGOTIATE (ITN) 730:0447

E. OFFICIAL CONTACT PERSON - OFFEROR

Each Offeror MUST provide the below contact information:

Name:

Title:

Company:

Address:

City/State/Zip:

Phone:

E-mail:

F. PUBLIC ENTITY CRIMES STATEMENT

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Reply on a contract to provide any goods or services to a public entity, may not submit a Reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit a Bid or Reply on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

G. SPECIAL ACCOMODATION

Any person requiring special accommodation because of a disability should call Torie Swain at 850-717-7427 or Glen Garrett (850) 717-6785 at least five (5) workdays prior to the scheduled event. If you are hearing or speech impaired, please contact Purchasing by using the Florida Relay Service at (800) 955-8771 (TDD).

I. COOPERATION WITH THE INSPECTOR GENERAL

Pursuant to Section 20.055(5), F.S., each Offeror understands and will comply with its duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

INVITATION TO NEGOTIATE (ITN) 730:0447

INVITATION TO NEGOTIATE REPLY WRITING GUIDELINES, TERMS OF THE REPLY

Failure to follow the required format and to provide the information and affirmations may result in a Reply being deemed non-responsive.

A. REQUIREMENTS AND ORGANIZATION OF THE REPLY

This Invitation to Negotiate is organized to allow the incorporation of some or all your responses on this form. If additional space is required to fully respond to this Invitation to Negotiate, please attach the additional response to your Reply and clearly indicate the Section to which the response relates. Each Reply should follow the same general order of contents, described as follows:

Replies must completely and accurately respond to all requested information, including the following:

• Control of Property – For a Reply to be responsive, it must be submitted by one of the entities listed below, and the proposal must include supporting documentation proving such status. This requirement applies to the building or structure and the proposed parking areas, as well as area of ingress and egress.

o The owner of record of the facility(s) and parking area(s) – Submit a copy of the deed(s) evidencing clear title to the property proposed.

o The Lessee of space being proposed – Submit a copy of the underlying lease agreement with documentation of authorization to sublease the facility and parking areas through the term of the base lease and all renewal option periods.

o The authorized agent, broker or legal representative of the owner(s) – Submit a copy of the Special Power of Attorney (Attachment H) authorizing submission of the Reply.

o The holder of an option to purchase – Submit documentation of a valid option to purchase the facility(s) and/or parking area(s) from the owner of record which, if exercised, will result in the Offeror’s control of the property within forty-five (45) business days of the notice of award.

Failure to provide proof of ownership of the proposed property within forty-five (45) business days of notice of award may render the award null and void.

o The Holder of an option to lease the property offered – Submit documentation of an option to lease the facility with authorization to, in turn, sublease. Any lease must encompass the entire time period of the basic lease and any renewal option periods as required by this State. A copy of the lease agreement or the option to lease between the owner and the lessee must be provided to the Agency at the time of submitting the Reply.

• Official Contact Person - Provide the contact information of the Offeror. (pg.10)

• Lease Terms and Conditions - Provide response to all of the “Lease Terms and Conditions” listed in this Article. Responses should be clearly delineated and specific to the questions, terms and requirements.

• Certification – each Offeror must complete the Certification and provide proof of authority as specified in page 30. Certification must be witnessed.

• Scaled Floor Plans / Space Planning - Interior/Space Planning – Each Reply must include a floor plan to scale (Example: 1/16” or 1/8” or ¼” = 1’0”) showing the present configurations with measurements. The final floor plan (if Offeror is selected for Award) will be as described in the specifications included herein or as otherwise negotiated with the Agency. Prior to final negotiation and selection of a Reply or Replies, a “test fit” of the Proposed Space relative to the need may be required, the expense of which shall be borne by the Offeror.

INVITATION TO NEGOTIATE (ITN) 730:0447

• ITN Checklist – All items, on ITN Checklist (pg.20) must be included in Reply to be considered responsive. The Department reserves the right to wave minor irregularities in the replies.

B. TERMS OF THE REPLY

The State reserves the right to negotiate the terms of a Reply including but not limited to such Reply’s Financial Terms should a change in any such terms be in the best interest of the State. “Financial Terms” shall include, but not be limited to rent rate, free rent, tenant improvement funds, lease term and details of any required build-out.

C. COST OF DEVELOPING AND SUBMITTING THE REPLY

Neither DMS, the Agency nor the Tenant Broker will be liable for any of the costs incurred by an Offeror in preparing and submitting a Reply.

D. CONTACT WITH THE DEPARTMENT

From the date this ITN is issued until notice of recommended award, rejection of all offers or other notice is made, no contact related to the ITN will be allowed between an Offeror and any Department of Revenue staff, except for the contact person(s) mentioned in paragraph B on page 8. Any unauthorized contact will disqualify the Offeror from further consideration.

E. EXECUTION OF THE LEASE

Upon receipt of a lease from the Department of Revenue, the Offeror shall have 30 (thirty) days to execute, and return said lease, unchanged, to the Department of Revenue. The Department of Revenue reserves the right to cancel the ITN offer, withdraw said offered lease, and re-issue a solicitation for office space should the Offeror fail or refuse to return said offered lease (executed and unchanged) within 30 (thirty) days of receipt.

LEASE TERMS AND CONDITIONS

The following is an outline of required lease terms and conditions that must be submitted for review and consideration.

Please provide a response to all the “Lease Terms and Conditions” listed in this Article. Responses should be clearly delineated and specific to the questions, terms and requirements.

A. DESCRIPTION AND MEASUREMENT OF PROPOSED SPACE

The Agency is seeking approximately 21,328 (minimum) to 23,574 (maximum) square feet of usable space, (as defined below) within the Boundaries (as set forth in Attachment A). The type of space required will be used for office space. Each submission should specify the amount of space available and the address of such space.

The Offeror must provide the location of the space in a building(s) (the “Proposed Space”) and the amount of space available. Any and all references to square feet of the Proposed Space contained in a Reply must be “usable square feet” in accordance with the Standard Method for Measuring Floor Area in Office Buildings, BOMA/ANSI Z65.1-1996, available online at www.boma.org, or at Publication Orders/BOMA International, P.O. Box 79330, Baltimore, MD 21279-0330. The Department of Revenue and Department of Management Services reserve the right to independently verify the space measurement.

The Offeror/Lessor shall be responsible for build-out and clean up and shall provide the Department with a clean, ready to operate space.

http://www.boma.org/

INVITATION TO NEGOTIATE (ITN) 730:0447

B. LEASE COMMENCEMENT DATE

The proposed space is to be made available at least 5 days prior to actual occupancy date, at no charge to the Department, for moving related activities, including, but not limited to, moving in of office equipment and furniture in preparation for occupancy. Should the successful Offeror/ Lessor fail to make the space fully available for occupancy as specified in the Reply, the Offeror/Lessor shall be liable to the Agency for liquidated damages in the amount of $3,924.05 for each additional day until the Proposed Space is made available. Unforeseen circumstances, beyond the control of the Offeror/Lessor (such as acts of God), which delay completion may be cause for the Offeror to request an extension (in writing) from the Agency. If the delay is greater than thirty (30) days, the Agency shall have the right to terminate the lease.

Offeror/Lessor agrees to make the proposed space available for occupancy by the lease commencement date.

(Use an X to mark one of the following): YES or NO

Offeror/Lessor agrees to make the proposed space available for moving related activities five (5) days prior to the lease commencement date at no charge to the Agency. (Use an X to mark one of the following):

YES_____or NO _____

The telecommunications room/demarcation room to be completed on or before fifteen (15) days before commencement. The Department shall be allowed to install required equipment during this time.

Offeror/Lessor agrees to make the Proposed Space available for telecommunications installation activities fifteen (15) days prior to the Lease Commencement Date at no charge to the Agency. (Use an X to mark one of the following): YES or NO

C. TERM AND RENEWAL OPTIONS

The term of this requirement will be 120 months from occupancy. The State requires a minimum of (10) Ten

(1) One-year renewal options. Verify that you will be able to provide the State with this term and these renewal options. As to the renewal options, propose rates for each year of the renewal term(s) in section D below.

Offeror agrees that the proposed space will be available to the Agency throughout the initial term and the renewal option periods as specified above. (use an X to mark one of the following): YES ____ or NO

D. FULL SERVICE (GROSS) RENTAL RATE

The Offeror should provide the Agency with a full service (gross) lease structure. Therefore, the lease rate must include base rent, taxes, all operating expenses (including, but not limited to, janitorial services and supplies, utilities, water, insurance, interior and exterior maintenance, recycling services, garbage disposal, security system installation and maintenance, and any amortization of required tenant improvements to the proposed space).

The Offeror shall provide pricing for full-service rental rates with utilities factored into the proposed rates. There shall be no pass through of additional expenses. The proposed full-service lease rental rate for each year of the initial term must be provided. The State is exempt from sales tax on all rent payments. Submitted lease rates are negotiable. Offerors should provide their best lease rates, which must be held firm in accordance with the section on Binding Replies. Lease rates that are contingent or that involve a basic rate plus “cap” or “range” for such things as tenant improvements will be deemed non-responsive.

INVITATION TO NEGOTIATE (ITN) 730:0447

E. PERMITTED USE BY THE STATE

The State’s permitted use for the location will include general office purposes as well as appropriate appurtenant uses such as cafeteria, training areas, vending, computer rooms, etc.

Offeror agrees and acknowledges that the use of the proposed space as described above is acceptable and that it is compliant with all laws. (use an X to mark one of the following): YES or NO

F. Turn-key Build Out The State requires a “turn-key” build-out by the Landlord. Therefore, Offeror shall assume all cost risks associated with delivery in accordance with the required space program specifications detailed in Attachment B.

Offeror agrees to provide a “turn-key” build-out in accordance with the space program specifications detailed in Attachment B following the Agency’s approval of an architectural layout provided by the Offeror/Landlord.

(use an X to mark one of the following): YES ____ or NO

G. ENERGY STAR RATING

The State requires wherever possible that leased space be in an Energy Star rated facility.

Does this facility meet the standard of an Energy Star Building? (use an X to mark one of the following):

YES or NO

H. State Standard Lease and Agenda Attachment C to this ITN is the form lease agreement (and related addendum) which contains the general terms and conditions required by the State of Florida. Other terms and conditions may be required by the State of Florida to consummate a transaction. Each Offeror should review this form in its entirety.

Offeror acknowledges that he/she has reviewed the form lease agreement contained in Attachment C and that the form (including all terms and conditions) is acceptable should the proposed space be selected by the Agency.

(use an X to mark one of the following): YES ____ o r NO

I. ATTACHMENTS

This ITN contains numerous attachments each of which is an integral part of this ITN. The attachments include the following:

Attachment A Boundaries – details the boundaries within which all proposed space must be located.

Attachment B Space Allocation Requirements – provided as a construction cost guide for Offerors.

Attachment C Agency Requirements – details the agency requirements for space.

Attachment D Lease Agreement – This State Form Lease is provided to give the Offeror a general understanding of some of the terms and conditions required by the State should a lease be consummated. This is only a basic standard lease form. Other terms and conditions may be required by the State for a lease to be consummated.

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ADDENDUMS:

A: Assessing liquidated damages B: Janitorial services C: Proposal submitted by lessor D: Indoor Air Quality E: Security & Fire Systems F: Telecommunications Systems & Cabling Requirements

Attachment E Disclosure of Ownership – Each Offeror must complete and return this form with the Reply.

Attachment F State Fire Marshal – This attachment provides general directives with regard to the Offeror’s compliance with the requirements of the State Fire Marshal.

Attachment G Energy Performance Analysis – This Attachment provides a description of the State’s energy requirements for the proposed space.

Attachment H Commission Agreement – This attachment provides a commission agreement relating to the tenant broker as agent for the State. Each Offeror must execute and return a copy of this agreement with the Reply.

Attachment I Special Power of Attorney – This attachment is required if submitting on behalf of owners.

J. PARKING

Paved, lined and continuously maintained parking for State employees and visitors is required. The Department requests that sufficient parking spaces be made available for the use of the Department employees and visitors.

ADA parking to be determined by local code.

K. DISCLAIMER

This ITN is not an offer, contract, or agreement of any kind. The Offeror/Lessor has no contractual rights whatsoever based on the issuance of this ITN or the procurement process and shall neither take any action nor fail to take any action in reliance upon any part of any discussions held with the Agency or Tenant Broker Representative in conjunction with this ITN until the proposed transaction and a definitive written lease agreement is approved in writing by the Agency. This ITN shall not be considered an offer to lease. This ITN may be modified or withdrawn by the Agency at any time.

Offeror understands and agrees with the disclaimer set forth in this Section K. (use an X to mark one of the following): YES ____ or NO f

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L. HAZARDOUS SUBSTANCES:

The Offeror assures that the proposed site does not contain hazardous substances or electromagnetic fields, whether above or below ground level. Further, the Offeror agrees to prohibit the generation, storage or disposal of hazardous substances above or below ground level. Should hazardous substances be revealed during the term of this lease, the Offeror shall immediately remove material and restore the site in compliance with all applicable regulations and reimburse the Department for all relocation costs.

Offeror understands and agrees with the terms set forth in this Section L. (use an X to mark one of the following): YES _____ or NO _____

REPLY EVALUATION AND NEGOTIATION PROCESS; PROPOSAL EVALUATION CRITERIA

Reply Evaluation and Negotiation Process: Using the evaluation criteria specified below, the Agency shall evaluate and rank Replies and, at the Agency’s sole discretion, proceed to negotiate with Offerors as follows:

• The highest ranked Offeror(s) will be invited to negotiate a contract. If necessary, the Agency/Tenant Broker shall request revisions to the approach submitted by the top-rated Offeror(s) until it is satisfied that the contract will serve the State’s needs. The process will continue until a contract or contracts are negotiated and executed or the Agency modifies or withdraws the ITN.

• The Agency reserves the right to negotiate with all responsive and responsible Offerors, serially or concurrently, to determine the best-suited solution. Although the ranking of Replies indicates the initial evaluation of the proposed solutions, the Agency and Tenant Broker Representative retain the discretion to negotiate with other responsive Offerors as deemed appropriate.

• Before award, the Agency reserves the right to seek clarifications, to request Reply revisions, and to request any information deemed necessary for proper evaluation of Replies. Offerors may be requested to make a presentation, provide additional references, and provide the opportunity for a site visit. The Agency reserves the right to require attendance by representatives of the Offeror. Any written summary of presentations or demonstrations shall include a list of attendees, a copy of the agenda, and copies of any visuals or handouts, and shall become part of the Offeror’s Reply. Failure to provide requested information may result in rejection of the Reply.

• The focus of the negotiations will be on achieving the solution that provides the best value to the State. The Agency/Tenant Broker Representative reserves the right to negotiate different terms and related price adjustments from the offered rates if the Agency determines that it is in the State’s best interest to do so.

• In submitting a Reply an Offeror agrees to be bound to the terms contained in that Reply for a minimum of thirty (30) days. Offered prices/rates should assume those terms apply, but the Agency/Tenant Broker reserves the right to negotiate different terms and related price adjustments if the Agency determines that it is in the State’s best interest to do so.

• The Agency reserves the right to reject all Replies, if the Agency determines such action is in the best interest of the State or the Agency. The Agency/Tenant Broker reserves the right to negotiate concurrently or separately with competing Offerors. The Agency reserves the right to waive minor irregularities in Replies.

• From the date this ITN is issued until a notice of recommended award, rejection of all bids or other notice is made, no contact related to the ITN will be allowed between an Offeror and any Department staff, with the exception of Torie Swain, Glen Garrett, Chris Brown, Mike Messina or Jerry Thornbury. Any unauthorized contact will disqualify the Offeror from further consideration.

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• A Reply may be withdrawn in person by an Offeror or authorized representative who presents proper identification and signs a receipt for the Reply, but only if the withdrawal is made prior to the exact deadline set for receipt of Replies.

• Errors and omissions, on the part of the Offeror, in preparation of the proposal confer no right to withdrawal of the proposal after it has been opened.

• Financial Verification of the Offeror can be requested by the Agency as part of its evaluation and/or negotiation for this ITN.

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REPLY EVALUATION CRITERIA

The successful Reply will be the one that is the best overall Reply which is in the interest of the State. All Replies will be evaluated on the factors below:

A. Parking:

The proposed parking is sufficient and appropriately accessible to meet the Department’s needs.

Maximum points: 5

B. Location:

The effect of environmental factors (including the physical characteristics of the building and the area surrounding it) on the efficient and economical conduct of department operations planned for the requested space.

Maximum points: 10

Present condition of physical property the building sits on, adjacent structures and surrounding neighborhood.

Security issues posed by building, by associated parking and by surrounding neighborhood, quality of exterior lighting and obstructed entrances/exits. Maximum points: 15

Location of the building relative to any known flooding or other water control related issues that could impact the Department’s operations.

C. Property:

The extent to which the offered space is designed to an efficient layout and good utilization of space and energy. Also, the overall contiguous nature of the Proposed Space.

Maximum points: 5

The extent to which the building and property, as a whole, is conducive to business operations.

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D. Other Factors that may be considered and for which additional points may be awarded:

Presence of existing fire alarm and security equipment.

F . Associated FISCAL COSTS: (To be completed by Facilities Office)

1) Rental: Rates are evaluated using ‘total present value’ methodology for basic term of lease by application of the present value discount rate of (entered from DMS).

Rental rates for basic term of lease. Rates proposed are within projected budgetary restraint of the department.

Maximum points: 25

2) Rental rates for optional renewal terms of lease. Rates proposed are within projected budgetary restraint of the department.

G. Building BOMA Rating (At time of submittal as determined by the Tenant Broker) (To be completed by Facilities Office)

1. A Building = 5 pts

2. B Building = 4 pts

3. C Building = 2 pts

4. D Building = 0 pts

Total possible award points: 100 Total points awarded: _____

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PROTEST PROCEDURES

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

A notice of protest, formal protest, and bond are “filed”, when received by the Agency’s Official Contact Person.

Filing may be achieved by hand-delivery, courier, US Mail, facsimile transfer, or email. All methods of delivery or transmittal to the Agency’s Official Contact person shall remain the responsibility of the protestor and the risk of non-receipt or delayed receipt shall be upon the protestor. FAILURE TO FILE APROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), F.S., OR FAILURE TO POST THE BOND OROTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTEA WAIVER OF PROCEEDINGS UNDER CHAPTER 120, F.S.

CERTIFICATION

Each Reply must be signed by the owner(s), corporate officers of the owner or the legal representative(s) of the owner. The corporate, trade or partnership name must be stamped, written or typewritten, beside the actual signature(s). If a Reply is signed by a corporate officer or agent of the owner, written evidence of authority must accompany the Reply. If a corporation foreign to the State of Florida is the owner, written evidence of authority to conduct business in Florida must accompany the Reply.

I hereby certify as owner, officer or authorized agent, that I have read the ITN in its entirety and agree to abide by all requirements and conditions contained therein. I further certify that this Reply constitutes my formal proposal in its entirety.

Offeror’s Name FEID or SS number of prospective Offeror:

(Authorized Signature) Relationship to Owner

REQUIRED DOCUMENTATION CHECKLIST

For a proposal to be considered, Items A through F shall be included in the proposal.

Checklist: Please note that the items requested shall conform to the specifications and requirements contained in this ITN.

Items supplied, which do not meet the specified requirements, may be determined non-compliant. The Department reserves the right to wave minor irregularities in the replies.

A.

B.

C.

D.

E.

F.

One (1) original ITN form properly completed

A scaled floor plan showing present layout

Usable square footage proposed within the allowable range of 21,328 USF to 23,574 USF

Special Power of Attorney for authorized agent, broker, or legal representative

(Attachment H) (if applicable)

Documentation showing Offeror as controller of property (i.e. Warranty Deed)

Authorization for corporation to conduct business in Florida (i.e. Sunbiz)

ADDITIONAL MANDATORY DOCUMENTS REQUIRED FROM THE OFFEROR AWARDED THE CONTRACT THROUGH THIS ITN.

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Agency Specifications

RESTROOMS

Each is to be equipped as follows:

A. Must meet the requirement of the U.S. Department of Justice 2010 ADA Standards, State and Local Building Codes.

B. All lavatories supplied with hot and cold water; the Lessor shall provide required water heater. At least one (1) soap dispenser per lavatory, air deodorizers, trashcans, exhaust fans and two paper towel dispensers shall be provided in each rest room, except for public restrooms one (1) wall mounted air blower hand dryer must be provided. Sanitary napkin receptacles accessible to each water closet station provided in women’s rest rooms (and unisex restrooms). Disposable sanitary seat covers provided in each water closet station. One full size mirror in staff restrooms shall be provided.

C. Public rest rooms shall be accessible from the reception area or common areas and separate from the staff rest rooms for security purposes. Both male and female public restrooms shall each have a baby diaper-changing table built out to provide for the needs of our clients.

Note: One public unisex restroom may be substituted if building limitations prohibit the installation of two restrooms. The Department desires two public restrooms if permissible. Doors for staff rest rooms (if separate from public rest rooms and accessible through public area) shall be equipped with electronic keypad system or card swipe lock to automatically lock upon closure.

FLOOR PLANS

Final floor plans shall be a joint effort of program staff, facilities staff and the successful proposer. The successful proposer is to provide architectural services by a licensed architect to prepare construction documents (CD’s). The CD’s are subject to the programs’ and facilities’ staff approval. All parties must sign to acknowledge acceptance, prior to and State Fire Marshal review and approval.

A. A complete scaled copy (hard and PDF set) of construction plans are to be provided. The plans must include Life/Safety plan, Floor plan, Furniture Plan, Elevation/Platform Details, Elevation/Sections Detail, Room Finish/Door Schedule, Mechanical and Electrical, Fire Alarm and Protection Plans. The plans must be delivered to the facilities office and local program liaison, for signature and approval of all pages prior to Fire Marshal final review and approval.

B. Interior walls extended from floor to ceiling and…