State of Florida
Department of Financial Services
Request for Proposal
DFS AC RFP 14/15-20
State Warrant Forms
SECTION 1:
INTRODUCTION
SECTION 2:
TECHNICAL SPECIFICATIONS AND SCOPE OF WORK
SECTION 3:
DELIVERABLES
SECTION 4:
SPECIAL CONDITIONS
4.1
Proposal Submission
4.2
Proposal Contents
4.3
Submission Instructions
4.4
Evaluation Process
4.5
Public Records
4.6
Electronic Accessibility
4.7
Fidelity Bond
ATTACHMENT A- Minimum Mandatory Requirements
ATTACHMENT A-1- Price Sheet (Basic Security Features)
ATTACHMENT A-2- Price Sheet (Additional or Alternative Security Features)(Optional)
ATTACHMENT B - Identical Tie Response Certification (Optional)
ATTACHMENT C - Warrant Forms Contract
ATTACHMENT D - Conflict of Interest Certification
ATTACHMENT E- Pallet Configuration Example
ATTACHMENT F- Picture of Loading Dock
ATTACHMENT G- Picture of Access Road
Proposers are cautioned and reminded to read carefully and respond precisely and fully to all information contained on Forms
PUR 1000 and PUR 1001 which, except as modified by this RFP (which constitutes Special Conditions to PUR 1000 and PUR
1001) are incorporated and are attached as the cover sheets to this Request for Proposal as well as any requirements specified
in the proposal itself.
Proposers are further reminded that conditions and specifications, which are considered mandatory requirements are expressed
with the word “shall” or “must” in the description of the requirement. Proposals which fail to demonstrate both a willingness
and an ability to comply with such a condition or specification will be considered non-responsive and will be disqualified.
CAUTION: Proposers are also advised that Proposer shall submit a redacted version of the Proposal if Proposer considers any
portion of the documents, data or records submitted in reply to this solicitation to be confidential, trade secret or otherwise not
subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority. This redacted copy
shall be clearly titled “Redacted Copy.” FAILURE TO PROVIDE A REDACTED VERSION WHEN CONFIDENTIALITY
IS CLAIMED BY THE VENDOR MAY BE CAUSE FOR DETERMINATION OF NON-CONFORMANCE. FAILURE
TO PROTECT A TRADE SECRET SHALL CONSTITUTE A WAIVER OF ANY CLAIM OF CONFIDENTIALITY
AND THE DEPARTMENT SHALL RELEASE THE REQUESTED DOCUMENT IN RESPONSE TO A PUBLIC
RECORDS REQUEST.
SECTION 1:
INTRODUCTION
1.1 Purpose
Pursuant to section 287.057, Florida Statutes (“F.S.”), the State of Florida Department of Financial Services
(“Department” or “DFS”) seeks Responses to this Request for Proposals (“RFP”) from qualified vendors (”Respondent”)
interested in printing and delivering blank warrant forms. The Department uses the warrant forms to print certain
disbursement information prior to distribution to payees. The intent of this Request for Proposal (RFP) is to establish an
initial three (3) year contract with an option to renew for up to an additional three (3) years upon mutual agreement in
writing on the same terms and conditions as the original contract. The current warrant form contract is scheduled to expire
at midnight on July 16, 2015.
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1.2 Purchasing Agent
a.
The purchasing agent, identified below, is the sole point of contact for the Proposers from the date of release of this RFP
until selection of a successful Provider. All procedural questions and requests for clarification of this RFP shall be
submitted in writing to:
Department of Financial Services
Attn: Gloriann McInnis, Purchasing Services
200 E. Gaines Street, Larson Building
Tallahassee, FL 32399-0317
Email: [email protected]
Fax: 850-487-2389
Between the release of the solicitation and the end of the 72-hour period following the agency posting of the notice of intended
award, excluding Saturdays, Sundays, and state holidays, Proposers to this solicitation or persons acting on their behalf shall
not contact any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in
writing to the Purchasing Agent as provided in the solicitation documents. Willful violation of the requirements of this
subsection shall result in elimination of the offending entity from consideration for award of contract under this RFP.
b.
The Department cannot accept telephone calls from any vendor regarding a pending solicitation. Please note that
questions will NOT be answered via telephone. Responses to questions will be posted on the Vendor Bid System (VBS)
website, at: http://myflorida.com/apps/vbs/vbs_www.main_menu (modifies PUR 1001 ¶5).
1.3 Purchasing Instructions and General Conditions
a.
PUR Form 1001, General Instructions to Respondents, and PUR Form 1000, General Conditions, which, except as
modified by these Special Conditions, are incorporated and are attached or available online at
http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_form
s
b.
Order of Precedence
The provisions of this solicitation, including the RFP and all its attachments, shall be read as a whole. In case of conflict
between provisions, provisions shall have the order of precedence listed below, where the top listed item has the highest
precedence:
•
•
•
•
•
•
The Contract (Attachment C to the RFP)
The Department’s purchase order contract (with Price Sheet, Attachment A-1 and Attachment A-2 to the RFP)
Remaining RFP Sections
Other Attachments to the RFP
Instructions to Respondents (PUR 1001)
General Conditions (PUR 1000)
The Department objects to and shall not consider any terms or conditions submitted by a Proposer, including any
appearing in documents attached as part of a Proposer’s Proposal, which are inconsistent with or contrary to the
requirements, terms, or conditions of the RFP. In submitting its Proposal, a Proposer agrees that any such inconsistent or
contrary terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.
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1.4 Timetable
a.
The following schedule will be strictly adhered to in all actions relative to this solicitation. The Department reserves the
right to make adjustments to this schedule and will notify participants in the solicitation by posting an addendum on VBS.
It is the responsibility of the Respondents to check VBS on a regular basis for such updates. Adjustments to the schedule
will also be announced to all Respondents who have expressed interest by participating in the events listed in the table
below. Also Respondents should provide contact information identifying Respondent’s main point of contact to the
Purchasing Agent to obtain adjustments to any applicable oral presentation or negotiation schedules.
Timeline of Events
RFP posted on the VBS
Deadline to submit questions to DFS Purchasing Agent.
Department’s anticipated posting dated for answers to Respondents’
questions on VBS.
Event Time
Eastern
Time (”ET”)
Event Date
N/A
7/14/15
5:00 P.M.
7/22/15
N/A
7/29/15
Deadline to submit responses and all required documents to the
Department.
3:00 P.M.
8/10/15
Response opening.
200 East Gaines Street, Tallahassee, FL 32399 – Larson Building
3:00 P.M.
8/10/15
N/A
8/31/15
Anticipated date to post Notice of Intent to Award.
1.5 Proposer’s Conference
There will not be a Proposer’s conference.
1.6. Definitions
a.
Business days - include only Monday through Friday, inclusive, except for holidays declared and observed by the state
government of Florida.
b.
Business hours - means 8 a.m. to 5 p.m. ET on all business days. “Day” means business day (defined as the Department’s
normal working hours) unless otherwise described.
c.
Calendar days - means all days, including weekends and holidays, except that if the last day counted falls on a weekend
or holiday, the due date shall be the next business day thereafter.
d.
Contract - unless indicated otherwise, refers to the contract that will be awarded to the successful Proposer under this
RFP.
e.
Contractor - unless indicated otherwise, refers to the business entity to which a contract has been awarded by the
Department in accordance with a proposal submitted by that entity in response to this RFP. This may also be referred to as
“Provider”.
f.
Diaster Supply – the Department may require an emergency supply of warrants to be maintained by the provider. This
supply may then need to be delivered to an alternate location.
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g.
Emergency Order – an order deemed urgent by the Department.
h.
Department - means the Department of Financial Services, or Chief Financial Officer. Terms may be used
interchangeably. This may also be referred to as Buyer, Customer or “DFS”.
i.
Proposer - means the entity that submits materials to the Department in accordance with these Instructions, or other entity
responding to this solicitation. This may also be referred to as Respondent, or Vendor. The solicitation response may be
referred to as Bid, Proposal, or Response.
j.
Purchase Order – mechanism used to notify provider when a shipment of warrants is required.
k.
RFP - refers to this Request for Proposal and includes attachments to this Request for Proposal unless stated otherwise.
l.
Vendor Bid System - and “VBS” refers to the State of Florida internet-based vendor information system at
http://myflorida.com/apps/vbs/vbs_www.main_menu
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SECTION 2: TECHNICAL SPECIFICATIONS AND SCOPE OF WORK
This section of the RFP provides the technical specifications of the warrant form and responsibilities of the Provider. The
primary responsibilities of the Provider are to print and deliver blank warrant forms to the Department. The Department
uses the warrant forms to print certain disbursement information prior to distribution to payees. It is critical that warrant
forms meet the Department’s specifications and are able to be processed on the equipment specified in this section of the
RFP. The Provider may contact the Purchasing Agent identified in Section 1.2 (Purchasing Agent) to view the current
warrant form.
2.1 Warrant Form
a.
The overall size of the warrant form must be exactly 11 inches high by 8 1/2 inches wide. Exact measurements are critical
to proper printing of boarders, seals, etc. The warrant form consists of an upper portion and a lower portion.
b.
The upper portion of the warrant form is exactly 7 1/3 inches high by 8 1/2 inches wide. This area is the utility portion of
the warrant form. The amount of printing by the Department in this area varies.
c.
The lower portion of the warrant form is exactly 3 2/3 inches high by 8 1/2 inches wide. This area is the actual warrant
portion and is printed front and back.
d.
The Department reserves the right to require the Provider to make warrant form changes at any time at no additional cost
to the Department. The Provider will be given a reasonable amount of time to make the required changes.
e.
Any proofs must be approved by the Department prior to implementation of a new warrant form.
2.2 Perforation
a.
One full horizontal perforation is located exactly 7 1/3 inches from the top and on the front of the warrant form.
Placement of this perforation is critical for proper printing of the warrant by the Department.
b.
The perforation must be of sufficient strength as to not cause problems in the equipment or in handling and should retain
as much stiffness as possible. The minimum acceptable perforation shall be 9 cuts per inch at a material to cut ratio of 1:1.
c.
Laser perforations are preferred as they normally will not require ironing. A cut wheel perforation must be ironed. All
perforations shall be smooth with no wrinkles, paper dust, chafing or frayed edges which could cause feeding problems or
jams in the equipment.
d.
Perforations on all warrant forms are extremely critical. Bowing or bridging of the paper after fanning and stacking to a
height of 10 inches cannot exceed 1/4 of an inch difference between maximum height and minimum height. If the extent
of bridging causes feeding problems, the Department reserves the right to modify the specifications of this paragraph
during the term of the contract and any renewals.
2.3 Paper Stock and Ink
a.
The Department’s warrant forms must be printed on 24 pound white laser MOCR bond 92 bright-app paper stock. The
face printing ink color must be process blue, and the back printing ink color must be gray. The back color ink must not
interfere with or detract from, by bleed through, any data or information printed on the face of the warrant form by the
Department’s equipment. The grain must run parallel to the 11 inch edge of the paper.
b.
No MICR ink encoding or printing will be required of the Provider. All MICR ink encoding and printing is applied by the
Department’s equipment at the time the warrant forms are processed by the Department.
2.4 Processing Equipment
a.
The primary equipment currently used by the Department to print warrant forms is Xerox model 144DPSMXC. All
printing done by the Department’s equipment is in MICR grade toner. In addition, some warrants are processed and
folded by using Pitney Bowes model Flowmaster FL 80 Inserter.
b.
All Proposers are advised that the warrant forms Proposal must meet or exceed all tolerances, requirements,
recommendations and specification for forms to be processed by this equipment. The papers, inks, perforations, etc. are
extremely critical. Proposers must be familiar with all technical specifications, requirements and recommendations for
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warrant forms to be processed on the equipment identified above. Additionally, each Proposer must ensure that the
Proposal meets the specifications, requirements, and recommendations contained therein, as applicable.
c.
The Department reserves the right to change the make or model of the equipment during the contract term, including
contract renewals. The Provider will be given a reasonable amount of time to make the required changes to accommodate
any new equipment.
2.5 Composition and Artwork
a.
Subject to approval by the Department, the composition and artwork of the printing copy and production of plates or
digital files will be the Provider’s responsibility. All seals and artwork will be supplied to the Provider in the form of
black and white copy or as electronic files.
b.
All original and duplicate copy, artwork, electronic files, negatives and positives provided to the Provider by the
Department, created by or produced by the Provider in any phase in the production of warrant forms are the property of the
Department. Upon completion of the contract and all contract renewals, the Provider shall at the direction of, and within
the time frame specified by the Department, destroy the printing plates and all materials used in the production thereof,
including any data created through electronic imaging technology, and shall provide to the Department a certificate of their
destruction. The number of printing plates produced and destroyed shall be disclosed in the certification prepared by the
Provider.
c.
The Provider must provide to the Department a duplicate set of all copy, artwork, negatives and positives used by the
Provider to produce the warrant forms, including any data created through electronic imaging technology within the time
frame specified by the Department. The transmittal of the duplicates to the Department must be performed in a secured
fashion as approved by the Department. The duplicates shall be retained by the Department. See Section 2.17 (Liquidated
Damages).
d.
The Department may utilize the duplicates in any manner it deems to be in the best interest of the State. The State of
Florida and the Department are held harmless from any and all actions resulting from utilization or otherwise providing
such duplicates as deemed prudent and in the best interest of the State.
2.6 Security and Safety Features
a.
The basic security features of the warrant form must consist of a security background tint with a gradient, a border,
artwork and a State of Florida Seal, all printed by the Provider on the front of the lower portion of the warrant form (i.e.,
the actual warrant portion). The back of the entire warrant form has a pantograph with the words “State of Florida” and
the State of Florida Seal printed in a white phosphorescent ink according to the Department’s security features.
b.
Secret security markings must be placed by the Provider on artwork, negatives and/or positives used to produce the
printing plates or electronic files to protect and ensure that warrant forms and related artwork, negatives, printing plates,
proofs, etc., are neither counterfeited nor forged. Further, additional secret security markings must be inscribed or
engraved on the printing plates themselves by the Provider prior to those plates being used to manufacture the warrant
forms. The Department and the Provider will collaborate on and coordinate all such markings. As required or requested
by the Department, the Provider shall designate or make available a qualified expert who can testify in court if counterfeits
or forgeries are detected.
c.
The Department recognizes that there may be alternative security features available that will provide comparable or
improved security which are less expensive than those required in this section. Therefore, Proposers are encouraged, but
not required, to provide additional or alternative security features to protect against, and aid in, the detection of forgeries
and counterfeit of warrant forms. If additional or alternative security features are proposed, those security features must be
described in Tab 5 (Warrant Security Features) of the Proposer and Technical Information section of the Proposal.
Proposers that propose additional or alternative security features that are deemed better than the basic security features
may receive additional points for their proposals during the evaluation process.
2.7 Warrant Form Numbering
a.
Each warrant form must be consecutively numbered with a nine-digit audit control number, printed on the front lower
portion of the warrant form by the Provider. The Department will provide the initial starting audit control number on each
purchase order. The audit control numbers must be printed in color red in a bold type font of approximately 1/6 of an inch
in height or some other size acceptable to the Department. The numbers should be formatted 000-000-000 or 000 000 000.
The location of the audit control number should always be consistent on all the warrant forms printed. The audit control
numbers must not be printed in an area on which data or information will be printed by the Department’s equipment.
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b.
Any issues with missing, skipped or duplicated audit control numbers must be discussed with the Department prior to
shipment. No more than one-tenth of one percent (0.1%) missing, duplicated, or out of sequence numbers will be
acceptable on a per order basis. Prior to shipment of the warrant forms, a complete list of audit control numbers by box
number must be sent to the Department.
2.8 Proofs and Production Samples
The Provider must provide color key proofs and at least 2,000 voided production warrant form samples for testing as
specified by the Department for approval prior to printing the initial order of warrant forms. The Department reserves the
right to require additional samples. The transmittal of the proofs and samples to the Department must be performed in a
secured fashion as approved by the Department. The Provider shall bear all costs in providing the proofs and samples.
The purpose of this requirement is to verify the samples meet with the department’s specifications and the bank provider
accepts the form. Deadlines for providing color key proofs and voided production samples to the Department are shown in
Section 2.17 (Liquidated Damages).
2.9 Packaging and Pallet Loading
a.
The warrant forms must be packaged 500 per package, and each package is to be sealed in clear plastic shrink wrap or
similar material. Brown paper wrapper is not acceptable. The objective is to maintain moisture proof integrity until each
package is opened. To further protect each package of warrant forms against incidental damage and ensure form integrity
at time of use, a corrugated cardboard or similar material reinforcement layer must be placed on the top and bottom of each
package of warrant forms before wrapping. Each package must have a label affixed which identifies the contents and the
audit control numbers contained therein.
b.
Warrant forms shall be packaged no more than 2,000 (four packages) warrant forms per shipping box. Packing of the
individual packages in boxes must be flat and face up so that the boxes may be stacked six boxes high without damaging,
warping, or bending the contents of the box underneath.
c.
The packages in each box, top to bottom, must be ascending, sequentially packed from lowest to highest audit control
number.
d.
Each box must contain a single column of packages. Dual column shipping boxes are not acceptable. The boxes will be
reused for transporting the warrant forms to their ultimate destination after processing.
e.
The outside of each box of warrant forms must clearly show the beginning and ending audit control numbers packed in
that box. All boxes must be marked and identified as to contents and starting and ending audit control numbers, and, if
any, missing or duplicate numbers.
f.
The warrant form boxes must be loaded on the pallets in consecutive audit control number groupings. Each pallet must be
organized from top to bottom in logical sequence with the lowest audit control numbers for the warrant form on that pallet
on top and the highest audit control numbers on the bottom. Each layer of boxes on the pallet must contain the next higher
group of logical audit control numbers to expedite the unloading of the pallet and storage of the boxes in the Department’s
secure facility. All pallets should contain 80 boxes. Each row should contain 4 boxes by 4 boxes for a total of 16 boxes.
Each pallet must be wrapped with stretch wrap. (See Attachment F for Pallet Configuration Example)
g.
All packing boxes must be the type that has fully overlapping top and bottom flaps. This precaution is necessary to help
ensure against contamination and adds overall strength to the box for stacking and storage.
2.10 Normal Warrant Form Delivery
Each order for warrant forms must be complete, and delivery of each order must occur on the delivery date and time
specified on the purchase order, must be within thirty (30) calendar days of the purchase order date unless another date is
agreed upon by the Department. The Provider is responsible for all shipping and delivery costs. See Section 2.17
(Liquidated Damages).
2.11 Partial Shipments
a.
Partial shipments will be acceptable only if the Provider has received prior approval from the Department. Normally,
partial shipments shall be for no less than 25 percent of the order quantity. An exception may be granted by the
Department in the event it becomes necessary to ship a partial order by air freight.
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b.
If partial shipment is made, the balance of any order must be delivered by the deadline established in Section 2.17
(Liquidated Damages). All shipping costs shall be borne by the Provider.
2.12 Inside and In-Place Delivery and Shipping
a.
The Provider shall be responsible for unloading and placing of the warrant forms in the storage space specified by the
Department, referred to as inside and in-place delivery. The exact location of the inside and in-place delivery shall be as
stipulated on the purchase orders issued under the contract. However, in the event additional storage space is procured or
the data center is relocated, additional or alternate delivery location(s) may be specified on the purchase order. Inside and
In-Place delivery applies to normal deliveries as well as any that may arise due to disaster recovery emergency orders.
The loading dock cannot accommodate a semi-truck. In addition the truck must have a lift gate.
b.
Prior to submitting a proposal, each Proposer is encouraged to view the Department’s loading dock and unloading
facilities at the Fletcher Building at: 101 East Gaines Street, Tallahassee, Florida 32399 and the Department’s current
storage space in order to understand the process that will be involved for inside and in-place delivery. Normal shipping
cost should be included in the Proposer’s price information. A picture the loading dock and storage space are provided in
(See Attachment G & H for Picture of Loading Dock and Access Road)
c.
State warrant forms must be delivered between the hours of 6:30 a.m. and 7:30 a.m. on the date specified by the
Department, unless another time has been authorized by the Department. The Provider must contact Department personnel
prior to each delivery. If a delivery is attempted outside the times specified, the Department will refuse the delivery.
2.13 Underruns and Overruns
a.
Under normal circumstances, there should be no underruns (quantity shipped is less than quantity ordered) or overruns
(quantity shipped is more than quantity ordered). The quantity reflected on each purchase order is based on the
Department’s projected usage for an order period and, more importantly, the amount of secure storage space available to
the Department.
b.
If an underrun is shipped, only the quantity delivered may be invoiced. The shortage must be delivered by the deadline
specified in Section 2.17 (Liquidated Damages) when the Provider and the Department have reached a prior written
agreement to the contrary.
c.
If an overrun is shipped, only the quantity ordered may be invoiced. The Department may elect to accept and retain the
overrun. However, the Department shall pay the Provider for no more than the quantities of warrant forms ordered by the
Department. If the Department elects to refuse overrun quantity, the Department, in the interest of security, may,
nevertheless, accept delivery of the overrun and notify the Provider that the overrun quantity must be picked up by the
Provider at the Provider’s expense. The Provider must handle the overrun quantity based on the Department’s
instructions, whether to combine with a subsequent order, or destroy the excess quantity, etc. See 2.17 (Liquidated
Damages)
d.
The Department may undertake the destruction of the excess quantity. The Provider may be present during the
destruction, at its discretion.
2.14 Emergency Orders
a.
If a circumstance necessitates an emergency order, the Department will immediately notify the Provider and will
provide a purchase order number and the needed quantities. The Provider must guarantee the ability to produce and
deliver at least fifty (50) percent of an emergency order within fourteen (14) calendar days of the purchase order and
to deliver the balance of any such emergency order within fourteen (14) calendar days of the purchase order. See
Section 2.17 (Liquidated Damages).
b.
Until an emergency order can be delivered in its entirety, air freight partial shipments may become necessary in order
to keep the Department from running out of warrant forms. Emergency shipments must be delivered to Tallahassee,
Florida with Inside and In-place Delivery specified to the shipper or to an alternative off-site location per Section 2.12
(Inside and In-Place Delivery and Shipping). Emergency Order shipping costs beyond the normal shipping cost to
Tallahassee, Florida shall be borne by the Department and should be billed at the time of shipping.
2.15 Disaster Supply
a.
The Department has a disaster recovery plan that may require the Provider to produce and store, in a secure area or
facility, an emergency supply of blank warrant forms. The emergency supply must be stored in accordance with
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instructions issued by the Department, which may include storing the emergency supply at the Provider’s plant or
facility (storage location).
b.
The Department reserves the right to inspect the emergency supply at the storage location after 24 hours of notifying
the Provider. The Department also reserves the right to change the storage location of the emergency supply at any
time upon reasonable notice. The order for the emergency supply may be separate from or included with normal
orders.
c.
The Department may require that the emergency supply be rotated in and out with each normal order to keep the
emergency supply fresh. The Department’s disaster recovery plan provides that the Department data center be up and
running within 48 – 72 hours at a site located in the continental United States. The emergency supply is expected to
be a quantity of 160,000 to 480,000 warrant forms. The Department will notify the Provider regarding the actual
quantity of the emergency supply and will provide reasonable notice should the change in quantity become necessary.
The warrant forms must remain on pallets and be available for delivery to a location designated by the Department at
the time an emergency is declared under the Department’s disaster recovery plan. The emergency supply must be
shipped and available for use by the Department within 72 hours of notification. See Section 2.17 (Liquidated
Damages). Shipments under this subsection must be delivered to the destination provided by the Department. See
section 2.12 (Inside and In-Place Delivery and Shipping).
2.16 Plant Shutdown and Other Emergency Conditions
a.
If the production and/or delivery of a warrant forms order is jeopardized (disaster, strike, etc.), the Provider must notify the
Department immediately. The Department will determine what actions are to be taken.
b.
If the Provider’s primary production facility is involved, the Provider may shift production to alternate production facilities
as long as they are owned and operated by the Provider, unless the Department approves alternative arrangements. The
Provider shall notify the Department prior to taking such action.
2.17 Liquidated Damages
a.
Specific deadlines are set herein for the Provider’s performance. The Provider shall not be liable if the failure to deliver,
provide, or perform arises out of causes beyond the control and without the fault or negligence of the Provider (Acts of
God, the public enemy, fires, floods, strikes, freight embargoes, etc.) and the Provider can satisfactorily demonstrate to the
Department that one or more of these factors precluded delivery. Further, the Provider shall not be liable if an extension of
a specific deadline has been approved by the Department. The Force Majeure provisions of PUR 1000-24 will apply. In
such event, the Provider will use commercially reasonable efforts to avoid or minimize any delays in performance and will
inform the Department of the steps the Provider is taking or will take to do so, and the projected actual completion (or
delivery) time.
b.
The Provider acknowledges that untimely performance or other material noncompliance will damage the Department, but
by their nature such damages are impossible to ascertain presently and will be difficult to ascertain in the future. The
issues involved in determining the amount of damages will be multiple and complex, and will be dependent on many and
variant factors, proof of which would be burdensome and require lengthy and expensive litigation, which the parties desire
to avoid. Accordingly, the parties agree that it is in the parties’ best interests to agree upon a reasonable amount of
liquidated damages, which are not intended to be a penalty and are solely intended to compensate for unknown and
unascertainable damages. Liquidated damages will accrue and be assessed for failure to meet specifications or deadlines
as specified in the table below.
Financial Consequences
This table contains section references and deadlines which shall result in the accrual and assessment
of Financial Consquences.
SECTION REFERENCE
Underruns
(Section 2.13)
Overruns
DEADLINE
If an underrun is shipped, the shortage must be delivered within fifteen
(15) business days following delivery of the initial order which was
underrun. The provider will be charged $100 for each calendar day
beyond the 15-day deadline.
If the Department requests the Provider pick up an overrun and transport
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(Section 2.13)
Normal Delivery
(Section 2.10)
Warrant Production and
Delivery (Multiple Sections)
Partial Shipments
(Section 2.11)
Emergency Orders
(Section 2.14)
Disaster Recovery
(Section 2.15)
Composition and Artwork
(Section 2.5)
Proofs and Production
Samples
(Section 2.8)
Extra Hours Required for
Using Defective Warrants
(Section 2.18)
it to another location for storage or destruction, the Provider must pick
up the overrun within ten (10) business days following the Department’s
request. The provider will be charged $100 for each calendar day
beyond the 10-day deadline.
The delivery date on the purchase order will be within thirty (30) days
of the date of the purchase order. The provider will be charged $100 for
each calendar day beyond the 30-day deadline.
If the Provider fails to meet the minimum performance levels provided
in Delieverable 4, shipment will be refused, and the Provider shall be
charged $100 per calendar day until issue has been resolved to the
satisfaction of the Department.
If a partial shipment is made, the balance of the order must be delivered
within fifteen (15) business days after the initial delivery of the partial
shipment. The provider will be charged $100 for each calendar day
beyond the 15-day deadline.
Delivery of initial quantity: The provider will be charged $100 for each
calendar day beyond the 14-day deadline.
Delivery of balance of emergency order(s): The provider will be
charged $100 for each calendar day beyond the 30-day deadline
Delivery of a disaster recovery order must be made within 72 hours of
notification by the Department.The provider will be charged $100 for
each calendar day that the emergency supply is not shipped and
available for use by the Department after 72 hours of notification by the
Department.
Thirty-One (31) calendar days after the end of the posting period for
contract award. The provider will be charged $100 for each calendar
day beyond the 31-day deadline.
Color Key Proofs: Forty-five (45) calendar days after the end of the
posting period for contract award. The provider will be charged $100
for each calendar day beyond the 45-day deadline.
Voided Production Samples: Fifteen (15) calendar days after the color
key proofs are approved. The provider will be charged $100 for each
calendar day beyond the 15-day deadline.
Except where any applicable liquidated damages are stated above, if the
Department is required to use or review defective or otherwise
unaceptable warrants while waiting for a shipment of acceptable
warrants, the State will charge the Provider $20 an hour for each staff
member required to assist with defective warrants.
2.18 Failure to Provide Warrant Forms as Specified
a.
Any order for warrant forms, that does not meet the requirements in sections 2.1 – 2.7or any part thereof, which is
misprinted, misnumbered, defective or otherwise unacceptable to the Department will be reprinted or credited upon
request from the Department. Any reprint will be produced and delivered entirely at the expense of the Provider and the
initial starting audit control number will be provided by the Department.No proration or allowance may be charged by the
Provider for any quantity of unacceptable or defective forms used by the Department while awaiting delivery of a reprint.
b.
If the Department is required to use staff time to review defective or otherwise unacceptable warrants the Department may
charge the Provider liquidated damages as specified by the Department in Section 2.17 (Liquidated Damages). If a reprint
becomes necessary, liquidated damages may be assessed by the Department and reprinted warrants may be required for
sooner than the normal delivery schedule if the State’s inventory is critically short as a result of the Provider’s failure to
provide acceptable warrant forms.
c.
The Provider shall have the right to inspect the warrant forms before undertaking a reprint. If the right to inspect is to be
exercised, the Provider’s representative must inspect the warrant forms within three (3) business days of notification that a
problem exists. Failure to inspect the warrant forms within the three (3) business days will mean the forfeiture of any right
Page 10 of 36
to inspect the warrant forms or to protest the decision of the Department. Any travel expenses or other costs incurred in
performing this service must be borne by the Provider. The provider can also request the Department to send a sample
(10) of the defective warrants at the provider’s expense.
d.
The defective or unacceptable warrant forms will be disposed of or used at the discretion of the Department only after
inspection by the Provider unless the Provider fails to exercise the right of inspection within the three (3) business days
after notification.
e.
Due to shrink wrapping on the warrants and boxes for moisture control, it is not possible for the Department’s personnel to
inspect every box of warrant forms upon arrival. In addition, even spot checks can be inconclusive. Therefore, the
Department reserves the right to notify the Provider of defective, unacceptable or missing warrant forms at any time while
the Department is using the warrant forms supplied by the Provider under the contract.
f.
If the provider fails to deliver the warrants as specified in the pallet section the Department shall refuse the delivery.
2.19 Estimated Order Quantities and Schedules
a.
During the fiscal year ended June 30, 2014, the Department purchased approximately 1.9 million warrant forms under the
current contract. This estimate is provided only as a guideline for preparing the proposal and should not be construed as
representing the actual quantities to be purchased under the contract.
b.
A purchase order is currently issued approximately once every six (6) months with delivery taking place approximately
four (4) weeks after the purchase order issue date. Order quantities and order schedules are generally predicated on short
term usage, seasonal adjustments, and available storage space. Order quantities and schedules may vary at the discretion
of the Department, and the time span between orders may vary based on need.
2.20 Price Adjustment
a.
Subject to the Department’s approval, the contract price may be adjusted annually, beginning one year from the date of
issuance of the first purchase order, and then on the same date each year thereafter. Each price adjustment shall be based
on the unadjusted percent change to the U.S. Department of Labor, Bureau of Labor Statistics, Producer Price Index
[Series Id: PCU32311K32311K0B, Industry: Commercial printing (except screen and books), Product: General job
printing, nec (lithographic) (offset)] in effect for the month of January preceding the effective date of the price increase
compared with the index in effect for the month in which the first purchase order under this contract is issued. However,
the adjusted price may not exceed or be less than ten (10) percent of the original price. The following example shows how
the price adjustments will be computed:
Original price per thousand:
Price Index at Original P.O. Date:
$20.00
110.0
Year
1
Index
110.0
Index
Change
-
Allowable
% Adjustment
-
Price
$20.00
2
116.4
+ 6.4
+ 6.4%
$21.28
3
112.2
+2.2
+2.2%
$20.44
Renewal
121.5
+11.5
+10.0%
$22.00
Renewal
108.6
-1.4
-1.4%
$19.72
b.
In addition to price adjustments that may be considered during the initial three (3) year contract period, a price adjustment
may be considered by the Department at the time the Department and the Provider are entering into a contract renewal.
c.
The Department may require written justification for a proposed price increase from the Provider. It is incumbent on the
Provider to fully justify any proposed price increase. The Department reserves the right to verify any information supplied
by the Provider during performance evaluation before a renewal. Any misstatement of material fact by the Provider will
be justification for the Department to cancel the contract by written notification and to institute a new solicitation process
immediately. If the Department considers a proposed price increase acceptable, an agreement to renew the contract will be
submitted to the Provider to be finalized.
Page 11 of 36
2.21 Contract Renewal
a.
The contract awarded pursuant to this RFP may be renewed for up to an additional three (3) years upon mutual agreement
in writing. Prior to the expiration of the contract and under mutual agreement, the Provider will be requested to submit
proposed price changes, if applicable, for contract renewal. Except for applicable price changes, the renewal is subject to
the same terms and conditions as the original contract. The Department reserves the right to accept or deny any proposed
price modifications and to request information from the Provider to support any proposed price modifications.
b.
As exit transition services upon any expiration or termination of a contract, the Provider must supply warrant forms to the
Department at the previously agreed upon price per thousand under a limited contract renewal until such time another
Provider has been contracted and is able to make delivery of warrant forms. For the purposes of this requirement, a
limited contact renewal shall mean a contract renewal for a period of six (6) months, subject to the same terms and
conditions, including prices, of the existing contract and subject to cancellation upon the Department establishing a new
contract with another Provider and delivery of the initial order of warrant forms there under.
SECTION 3: DELIVERABLES
Deliverable #1:
Description: Duplicate set of all artwork
Due Date of Deliverable: Thirty-One (31) calendar days after the end of the posting period for contract award.
Minimum Acceptance Criteria: Composition and Artwork should contain the following:
All composition and artwork of the printing, copy, and production of plates or digital files must be created based on the
specificiation and approval of the Department.
Deliverable #2:
Description: Proofs
Due Date of Deliverable: Forty-five (45) calendar days after the end of the posting period for contract award. Liquidated
damages will be assessed for each calendar day beyond the 45-day deadline.
Minimum Acceptance Criteria:
The Provider must provide color key proofs as specified by the Department for approval prior to printing the initial order of
warrant forms. The transmittal of the proofs to the Department must be performed in a secured fashion as approved by the
Department. The Provider shall bear all costs in providing the proofs.
Deliverable #3:
Description: Production Samples
Due Date of Deliverable: Fifteen (15) calendar days after the color key proofs are approved. Liquidated damages will be
assessed for each calendar day beyond the 15-day deadline.
Minimum Acceptance Criteria:
The Provider must provide at least 2,000 voided production warrant form samples for testing as specified by the Department
for approval prior to printing the initial order of warrant forms. The Department reserves the right to require additional
samples. The transmittal of the samples to the Department must be performed in a secured fashion as approved by the
Department. The Provider shall bear all costs in providing the samples.
Deliverable #4
Description: Warrant Production and Delivery
Due Date of Deliverable: Multiple, see section 2.17
Page 12 of 36
Minimum Acceptance Criteria:


Warrant Form
o
The overall size of the warrant form must be exactly 11 inches high by 8 1/2 inches wide. The warrant
form consists of an upper portion and a lower portion. The upper portion of the warrant form is exactly 7
1/3 inches high by 8 1/2 inches wide. The lower portion of the warrant form is exactly 3 2/3 inches high
by 8 1/2 inches wide.
o
One full horizontal perforation shall be located exactly 7 1/3 inches from the top and on the front of the
warrant form.
o
The Department’s warrant forms must be printed on 24 pound white laser MOCR bond 92 bright-app
paper stock. The face printing ink color must be process blue, and the back printing ink color must be
gray. The back color ink must not interfere with or detract from, by bleed through, any data or information
printed on the face of the warrant form by the Department’s equipment.
o
The basic security features of the warrant form must consist of a security background tint with a gradient, a
border, artwork and a State of Florida Seal, all printed by the Provider on the front of the lower portion of
the warrant form (i.e., the actual warrant portion). The back of the entire warrant form has a pantograph
with the words “State of Florida” and the State of Florida Seal printed in a white phosphorescent ink
according to the Department’s security features.
o
Each warrant form must be consecutively numbered with a nine-digit audit control number, printed on the
front lower portion of the warrant form by the Provider. The audit control numbers must be printed in color
red in a bold type font of approximately 1/6 of an inch in height or some other size acceptable to the
Department. The numbers should be formatted 000-000-000 or 000 000 000. The location of the audit
control number should always be consistent on all the warrant forms printed.
Packaging and Pallet Loading
o
The warrant forms must be packaged 500 per package, and each package is to be sealed in clear plastic
shrink wrap or similar material. A corrugated cardboard or similar material reinforcement layer must be
placed on the top and bottom of each package of warrant forms before wrapping. Each package must have
a label affixed which identifies the contents and the audit control numbers contained therein. Each box of
warrant forms must clearly show the beginning and ending audit control numbers packed in that box.
o
Warrant forms must be packaged no more than 2,000 (four packages) warrant forms per shipping box.
Packing of the individual packages in boxes must be flat and face-up.
o
The packages in each box, top to bottom, must be ascending, sequentially packed from lowest to highest
audit control number.
o
Each box must contain a single column of packages.
o
The warrant form boxes must be loaded on the pallets in consecutive audit control number groupings.
Each row should contain 4 boxes by 4 boxes for a total of 16 boxes. Each pallet must be wrapped with
stretch wrap.
o
All packing boxes must be the type that has fully overlapping top and bottom flaps.
SECTION 4:
SPECIAL CONDITIONS
4.1 Proposal Submission
Responses to this RFP must address all requirements in this section of the RFP. Failure to submit the Proposal in
accordance with the requirements in this section of the RFP may result in disqualification of the Proposer.
Page 13 of 36
4.2 Proposal Contents
To facilitate the review process, Proposers are encouraged to organize their paper copy Proposals in binders with the tabs
identified below for Proposer and technical information, followed by the completed attachments and other required
documentation identified below. Proposers may include additional information that is deemed relevant in a separate
attachment.
Proposer and Technical Information
Tab 1 – General Information
a.
b.
c.
d.
e.
f.
g.
A brief statement of the Proposer’s understanding of the work to be performed under the contract awarded pursuant to this
RFP and ability to meet requirements discussed in Section 2 (Technical Specifications and Scope of Work). Provide
examples of similar experience with other state entities, if applicable.
A brief summary of the Proposer’s organization, history and experience in printing documents of the quantities and the
nature required in this RFP. The experience should be reflective of the Proposer’s ability to perform the services requested
in this RFP.
A summary of the Proposer’s ability to meet requirements discussed in Section 2 (Technical Specifications and Scope of
Work). Provide examples of similar expericience with another entity. Provide supporting detail as necessary.
A brief summary of the Proposer’s locations and staffing in Florida and other states, if applicable.
A brief discussion of investigations, charges, convictions, or entries of pleas of no contest applicable to any felonious
criminal activity by the Proposer or principals of the Proposal during the past ten years. If there were none, so state.
A brief summary of the Proposer’s ability to meet the required timeframe of delivery
A brief summary of the Proposer’s shipping company and their ability to meet the requirements in this RFP.
Tab 2 – Financial Information
Evidence of sufficient financial resources and stability for the Proposer to provide services requested in this RFP. The
financial information provided should demonstrate that the Proposer has no going-concern, legal, or other issues that may
affect meeting the required responsibilities. To meet this information requirement, the Proposer should submit the
Proposer’s financial statements including balance sheets, income statements, cash flow statements, notes to the financial
statements, and auditor opinion if available for the past two (2) fiscal years. Preference as noted in the evaluation criteria
will be given to the Proposer with financial statements audited by a certified public accountant. This Tab 2 will not
become part of the final contract.
Tab 3 – Personnel Information
a.
b.
The names, titles, mailing and e-mail addresses, and telephone numbers of the individuals who are authorized to make
representations on behalf of the Proposer.
The names, titles, mailing and e-mail addresses, and telephone numbers of the individuals who will be engaged in this
project. Include a description of the functions and responsibilities of each individual relative to the tasks to be performed.
Their relevant work experience, time with the company and a copy of their résumé. Résumé should identify experience the
individuals have had providing the requested services.
Tab 4 – Facility Security Features
a.
b.
c.
A brief description of the facility that is operated by the Proposer and in which the warrant forms would be produced if the
Proposer becomes the Provider.
A brief description of the Proposer’s security measures regarding the handling and storage of printed materials, artwork,
negatives, printing plates, proofs, etc., to preclude damage, theft, forgeries, or any other unauthorized or illegal access or
usage.
A brief summary of the Proposer’s plan and capability to provide for the production and delivery of warrant forms
pursuant to deadlines established in this RFP in the event of a contingency that would preclude or diminish the
performance of the Provider under the contract award pursuant to this RFP.
Page 14 of 36
Tab 5 – References
Please provide references from the following:
a. Previous customers whom services received were similar to the RFP requirements.
b. Previous customers identifying provider’s ability to deliver within a set time frame, if available.
c. Department of Financial Services regarding prior expericience with proposer, if applicable.
Tab 6 – Attachment A-1, Price Sheet
a.
b.
Enter the proposed price per thousand warrant forms include applicable shipping cost to Tallahassee, Florida with
mandatory inside and in place delivery as specified in Section 2.12 (Inside and In-Place Delivery and Shipping).
The price must cover the technical specifications and scope of work discussed in Section 2 of this RFP including the basic
security features required in Section 2.6 (Security and Safety Features). Note that Attachment A-1’s required section must
be completed regardless of whether or not additional or alternative security features are proposed.
Tab 7 – Additional Warrant Security Features
If applicable, a brief summary of additional security features or security features alternative to the basic security features. If
additional or alternative security features are proposed, please provide separate price information in Attachment A-2.
Proposers that propose additional or alternative security features that are deemed better than the basic security features may
receive additional points for their proposals as noted in the evaluation criteria.
Tab 8 – Attachment A-2, Price Sheet for Additional Security Features
a.
b.
c.
If applicable, enter the proposed price per thousand warrant forms include applicable shipping cost to Tallahassee, Florida
with mandatory inside and in place delivery as specified in Section 2.12 (Inside and In-Place Delivery and Shipping).
The price must cover the technical specifications and scope of work discussed in Section 2 of this RFP including the basic
security features required in Section 2.6 (Security and Safety Features). Note that Attachment A-1’s required section must
be completed regardless of whether or not additional or alternative security features are proposed.
If this form is used, a brief summary of the proposed additional or alternative security features must be discussed in Tab 7
of the Proposal contents. Note that Attachment A-1 must be completed regardless of whether or not additional or
alternative security features are proposed in Attachment A-2.
Attachments



Required: Attachment A– Mandatory Minimum Requirements
Optional: Attachment B – Identical Tie Response Certification. This attachment is optional. However, it will be used in
the event of identical tie Proposals.
Required: Attachment D – Conflict of Interest Certification
Other Required Documentation
a.
b.
c.
One (1) sample of paper stock as specified in Section 2.3 (Paper Stock and Ink).
Voided, full color samples of individual (cut sheet) paper warrant forms, checks, drafts, or similar controlled form which
have been produced by the Proposer adequate for processing by Xerox model 144DPSMXC printing equipment. Such
samples must demonstrate the ability to provide high quality forms for the aforementioned equipment and which can be
processed satisfactorily by all equipment referenced in this RFP.
A letter of certification, signed by the Proposer, with certifications as to the accuracy of the Proposal contents and a
statement that the Proposer agrees to not seek indemnification from the Department for any costs or services.
4.3 Submission Instructions
A. Preparation Cost
Proposals shall be prepared simply and economically. The Department is not liable for any cost incurred by a Proposer in
responding to this RFP.
B. Format and Copies
Each Proposal must contain one original. Also provide four (6) paper copies and two (2) digital copies of the Proposal.
PRICE INFORMATION SHALL BE SUBMITTED SEPARATELY FROM ALL OTHER PORPOSAL SUBMISSION
Page 15 of 36
DOCUMENTS AND COMPACT DISK OR DVD. The Proposer must also submit one (1) redacted copy if deemed
necessary by the Proposer. Failure to provide a redacted version when confidentiality is claimed by the Proposer may be
cause for determination of non-conformance. Failure to submit the proposal package with the required attachments, and/or
other required documentation by the deadline specified in Section 1.4 (Timetable) will result in disqualification of the
Proposer.
The original Proposal must contain the original attachments required to be signed as part of the Proposal submission.
Place on the original Proposal binder the following printed information on both its outside front cover, and on it spine:
[Proposer’s exact legal name in which name the contract would be awarded]
Proposal Regarding RFP #___
ORIGINAL, Binder ___ of ___
Place on each paper copy of the Proposal the following printed information on both its outside front cover, and on its
spine:
[Proposer’s exact legal name in which name the contract would be awarded]
Proposal Regarding RFP #___
COPY #___, Binder ___ of ___
Submit digital copies on a compact disk or DVD with a proper label identifying the Proposer’s exact legal name in which
name the contract would be awarded and the RFP number.
Refer to Section 4.5 (Public Records) for additional information related to the redacted copy. Mark the redacted copy
with:
[Proposer’s exact legal name in which name the contract would be awarded]
Proposal Regarding RFP #___
REDACTED COPY, Binder ___ of ___
C. Delivery
Sealed Proposals must be submitted to the following address by the deadline established in Section 1.4 (Timetable) of this
RFP:
Florida Department of Financial Services
Attention: Gloriann McInnis, Purchasing Services
200 East Gaines Street, Larson Building
Tallahassee, Florida 32399-0317
D. Communication
a.
Between the release of this RFP and the end of the 72 business hour period following the Department’s posting of the
notice of intended award, Proposers to this RFP or persons acting on their behalf shall not contact any employee or officer
of the Department concerning any aspect of this RFP, except in writing to the purchasing agent. Willful violation of this
requirement shall result in elimination of the offending entity from consideration for award of contract under this RFP.
b.
No decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any Department
employees. Only communications which are in writing from the Department may be considered as duly authorized
communication on behalf of the Department. During selection the Proposer, its agents and employee must not engage in any
written or verbal communication with any Department employees whether or not such individual is assisting in the selection,
regarding the merits of the Proposer or whether the Department should retain or select the Proposer. The Proposer must not
engage in any lobbying efforts or other attempts to influence the Department or the evaluation team, in an effort to be selected.
The selection period shall begin according to Section 1.4 (Timetable).
E. Additional Information
a.
PUR Form 1001, General Instructions to Respondents, and PUR Form 1000, General Conditions, which, except as
modified by these Special Conditions, are incorporated and are attached or available online at
http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_form
s
Page 16 of 36
b.
Please be reminded that conditions and specifications which are considered mandatory are expressed with the word “shall”
or “must”. Proposals that fail to demonstrate both willingness and ability to comply with such conditions and
specifications will be considered non-responsive and will be disqualified.
c.
Proposals shall be considered non-responsive if they contain disclaimers such as “the Proposal is for evaluation purposes
only and should not be interpreted as a binding offer or commitment on the part of a Proposer”.
4.4 Evaluation Process
A. Evaluation Teams
The evaluation process will be completed by two (2) teams, appointed by the Department. One team of two (2) members
will review the Financial Information (Tab 2). Another team of three (3) members will review the remaining information.
B. Determination of Conformance
The objective of this RFP is to elicit firm contractual offers subject to the Department's acceptance. For a Proposal to be
responsive, the Proposer must be committed to enter into a contract based on this RFP and the Proposer's Proposal. If a
Proposal contains language which withdraws or negates commitments to requirements of this RFP, or qualifies the
Proposal such that it is not a firm offer to contract under terms consistent with the requirements of this RFP, the
submission shall be subject to being deemed non-responsive and rejected. Proposers are cautioned to carefully proofread
Proposals to ensure the removal of boilerplate disclaimers which have the effect of negating commitments made elsewhere
in the Proposal.
C. Evaluation Criteria
All submissions must be complete with all required attachments submitted to be evaluated.
The Proposal evaluation process will be completed in two tiers. Tier 1 will evaluate the mandatory minimum requirements
outlined in Attachment A. Proposals that do not meet all mandatory minimum requirements will result in disqualification
of the Proposal. Proposals that are not disqualified in Tier 1 will then be evaluated and scored by the evaluation teams
based on the following point allocation out of a total of 170 points. Each tab will be scored using the table below:
Tab 1 (General Information)
Tab 2 (Financial Information)
Tab 3 (Personnel Information)
Tab 4 (Facility Security Features)
Tab 5 (References)
Tab 6 (Attachment A-1, Price Sheet)
Tab 7 (Additional Warrant Security Features)
Tab 8 (Attachment A-2, Price Sheet for additional Sercurity Features)
Other required documentation (samples)
20 points
20 points
20 points
20 points
20 points
20 points
20 points
10 points
20 points
Each evaluator will use the following to score each component except Tabs 6 and 8:
Assessment
Exceptional
Adequate
Inadequate
Assessment Description



Provided information demonstrating superior understanding and ability to
meet the Department’s requests.
Provided information demonstrating understanding and ability to meet the
Department’s requests.
Provided information demonstrating lack of understanding and ability to
meet the Department’s requests.
Evaluator
Score
15-20 points
1-14 points
0 points
The following method will be used to award points on Tabs 6 and 8:
Price Sheet analysis will be conducted through the comparison of price quotations submitted. The criteria for price
evaluation shall be based upon the following formula:
(Low Price/Proposer's Price) x Price Points = Proposer’s Awarded Points
Page 17 of 36
D. Reservations
The Department reserves the right to reject any and/or all Proposals, or to waive minor discrepancies if it is in the
Department’s best interest to do so. The Department may, by written notice, revise and amend the solicitation before the
due date for the Proposal.
E. Contract
a.
The contract shall be awarded by written notice to the responsible and responsive Proposer, whose Proposal is determined
in writing to be the most advantageous to the State, taking into consideration the price and other requirements set forth in
this RFP. The Department will coordinate a contract for signature, substantially in the form attached as Attachment C,
between the Department and the successful Proposer, who will be the Provider, or the Contractor, that incorporates this
RFP and the Proposer’s Proposal as soon as possible after the posting of the notice of award on the Vendor Bid System
(VBS) website, at http://myflorida.com/apps/vbs/vbs_www.main_menu.
b.
After selection of the Provider, this RFP (including all attachments and addenda), the Proposal of the Provider, and the
executed contract will constitute the entire agreement of the parties and will supersede any prior representations,
commitments, conditions, or agreements between the parties.
c.
Modifications as noted in response to the Proposers' questions and any other addenda to the RFP are incorporated into the
RFP. The Department reserves the right to amend this RFP by an addendum prior to the date for Proposal submission. If
there are any perceived inconsistencies among any of the provisions of the RFP and its attachments, Proposers shall bring
these inconsistencies to the attention of the Department prior to the submission of the Proposal.
d.
All purchase orders for warrant forms issued by the Department during the contract period become a part of the contract.
F. Nonexclusive Contract
This procurement will not result in an exclusive license to provide the services/products described in this RFP or the
resulting contract. The Department may, without limitation and without recourse by the Provider, contract with other
vendors to provide the same or similar services.
4.5 Public Records
Notwithstanding any provisions to the contrary, public records shall be made available pursuant to the provisions of the
Public Records Act. The final form of contract is a public record. Trade secrets are not solicited or desired as submissions
with Proposals. Section 812.081, Florida Statutes, defines trade secrets. If the Proposer submits a Proposal containing
trade secrets, the Proposer shall submit a statement titled "Notice of Trade Secrets." This Notice shall clearly identify
specific sections of the Proposal that are trade secrets and identify the reason for each designation. If the Department
receives a public records request related to the Proposal, the Proposers who have filed Notices of Trade Secrets shall be
notified of the request. Also, if Proposer considers any portion of the documents, data or records submitted in reply to this
solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes,
the Florida Constitution or other authority, Proposer must also simultaneously provide the Department with a separate
redacted copy of its Proposal. The Proposer shall be solely responsible for taking whatever action it deems appropriate to
legally protect its claim of exemption from the public records law. Such protection shall be accomplished within 15
business days of the notification of the public records request by the Department. Failure to protect the trade secret shall
constitute a waiver of any claim of confidentiality and the Department shall release the requested document. Any
prospective Proposer acknowledges that the protection afforded by section 815.045, Florida Statutes, is incomplete, and it
is hereby agreed that that no right or remedy for damages arises from any disclosure. (modifies PUR 1000 ¶33 and PUR
1001, ¶19). The successful Proposer shall retain such records for the longer of three (3) years after the expiration of the
awarded Contract or the period required by the General Records Schedules maintained by the Florida Department of State
(available at: http://dlis.dos.state.fl.us/recordsmgmt/gen_records_schedules.cfm).
4.6 Electronic Accessibility
If applicable, Section 508 compliance information on the supplies and services in this Contract are available on a website
indicated by the Proposer in the Proposal or resulting Contract. The Electronic and Information Technology standard can
be found at: http://www.section508.gov/.
4.7 Fidelity Bond
Page 18 of 36
a.
The Provider shall secure and maintain during the life of the contract a Blanket Fidelity Bond in the amount of $250,000
on all of the Provider’s principals, officers, employees and agents. The definition on agent(s) includes any common carrier
used to transport the blank warrant forms from the time they leave the factory until they are delivered to the Department.
Said bond shall protect the State of Florida from any losses sustained through any act or acts committed by principals,
officers, employees or agents of the Provider.
b.
The successful Proposer shall furnish the Department the Blanket Fidelity Bond within thirty-one (31) calendar days after
the posting period for contract award and shall provide evidence of subsequent renewals on the bond during the contract
term, including contract renewals. Failure to provide the bond shall be cause for the voiding of the contract.
Page 19 of 36
DFS AC RFP 14/15-20
ATTACHMENT A
MANDATORY MINIMUM REQUIREMENTS
This Attachment contains all the Mandatory Minimum Requirements referenced in the Evaluation Criteria (Section 4.4, C) of
the RFP. In order for the Provider’s proposal to be considered, all of the following requirements must be met. Please indicate
your response to all items.
Type
Requirements
Can Provide?
(Select yes or no)
Warrant Form
Size of warrant form must be 11 inches high by 8 1/2 inches wide. The upper
portion must be 7 1/3 inches high by 8 1/2 inches wide. The lower portion must
be 3 2/3 inches high by 8 1/2 inches wide.
One full horizontal perforation must be located 7 2/3 inches from the top of the
warrant form and must be 9 cuts per inch at a material to cut ration of 1:1. The
perforation must be laser cut.
Each warrant form must be consecutively numbered with a nine-digit audit
control number, printed on the front lower portion of the warrant form by the
Provider.
Each warrant must be printed on 24 pound white lase MOCR bond 92 brightapp paper stock. The face printing must be process blue and the back printing
must be gray. The back color ink must not interfere with or detract from, by
bleed through, any data or information printed on the face of the warrant formby
the Department’s equipment.
Each warrant must be consectively numbered with a nine-digit audit control
number, printed on the front lower portion of the warrant form. The audit
control numbers must be in color red in a bold type font of approximately 1/6 of
an inch in height. The numbers must be formatted 000-000-000 or 000 000 000,
The location of the audit control number must always be consistent on all the
warrant forms.
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
The basic security features of the warrant form must consist of a security
background tint with a gradient, a border, artwork and a State of Florida Seal, all
printed by the Provider on the front of the lower portion of the warrant form
(i.e., the actual warrant portion).
The back of the entire warrant form has a pantograph with the words “State of
Florida” and the State of Florida Seal printed in a white phosphorescent ink
according to the Department’s security features.
YES
NO
YES
NO
The Provider must provide color key proofs and at least 2,000 voided
production warrant form samples for testing as specified by the Department for
approval prior to printing the initial order of warrant forms.
YES
NO
The Provider shall be responsible for unloading and placing of the warrant
forms in the storage space specified by the Department, referred to as inside and
in-place delivery.
YES
NO
Warrant forms must be packaged 500 per package and each package must be
sealed in clear prastic shrink wrap or similar material. A corrugated cardboard
or similar material reinforcement layer must be placed on the top and bottom of
each package of warrant forms before wrapping. Each package must have a
label affixed which identifies the contents and the audit control numbers
contained therein. Each box of warrants forms must clearly show the beginning
and ending audit control numbers packed in that box.
Warrant forms must be packaged no more than 2,000 (four packages) per
shipping box. Packing of the individual packages in the boxes must be flat and
face up. The packages top to bottom must be ascending, sequentially packed
form lowest to highest audit control number.
YES
NO
YES
NO
Security Features
Proof and Production
Samples
Shipping
Packaging and Pallet
Loading
Page 20 of 36
ATTACHMENT A
MANDATORY MINIMUM REQUIREMENTS (Continued)
Type
Requirements
Each box must contain a single column of packages.
Can Provide?
(Select yes or no)
YES
NO
The warrant form boxes must be loaded on the pallets in consecutive audit
control numbers groupings.
All packing boxes mus be the type that has fully overlapping top and bottom
flaps.
YES
NO
YES
NO
Delivery must be between 6:30 a.m. and 7:30 a. m. on a business day.
YES
NO
The delivery space for the Department is limited and has an elevated loading
dock. The method of delivery must accommodate these constraints.
YES
NO
The Department owns the artwork that the provider creates and the provider
cannot use it without the permission of the Department.
YES
NO
Delivery
Artwork
Page 21 of 36
DFS AC RFP 14/15-20
ATTACHMENT A-1
PRICE SHEET (BASIC SECURITY FEATURES)
Enter the proposed price per thousand warrant forms in the designated space below. Please include applicable
shipping cost to Tallahassee, Florida with mandatory inside and in place delivery as specified in Section 2.12 (Inside and
In-Place Delivery and Shipping). Also, the price must cover the technical specifications and scope of work discussed in
Section 2 of this RFP including the basic security features required in Section 2.6 (Security and Safety Features). Note that
Attachment A-1 must be completed regardless of whether or not additional or alternative security features are
proposed in Attachment A-2.
Deliverable
1st Year of Initial Term Fee/Price
(per thousand warrants)
(to be completed by the Proposer)
Deliverable # 1
Duplicate set of all artwork –
Section 2.5 (Composition
and Artwork)
Deliverable # 2
Color Key Proofs –Section
2.8 (Proofs and Prodution
Samples)
Deliverable # 3
Voided production warrant
forms –
Section 2.8 (Proofs and
Prodution Samples)
N/A
N/A
N/A
Deliverable # 4
Warrant Forms – Section 2
(Technical Specifications
and Scope of Work)
* $ ____________
[NOTE: This amount will be
scored pursuant to Section 4.4 C.
(Evaluation Criteria).]
* Amount will be used for basis of awarding Cost Points
Renewal period costs will be based on Section 2.20 (Price Adjustment).
To be completed by the Proposer:
I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person
submitting a Proposal for the same materials, supplies or equipment, or services and is in all respects fair and without collusion
or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal for the
Proposer and that the Proposal is in compliance with all requirements of this RFP, including but not limited to, certification
requirements.
Proposer Company Name:
Proposer Address:
(City/State/Zip Code)
Proposer Phone Number:
Proposer E-mail Contact:
Authorized Representative’s Name
(Printed):
Authorized Representative’s Signature:
Date Signed:
Page 22 of 36
DFS AC RFP 14/15-20
ATTACHMENT A-2 (Optional)
PRICE SHEET (ADDITIONAL OR ALTERNATIVE SECURITY FEATURES)
Enter the proposed price per thousand warrant forms in the designated space below. Please include applicable
shipping cost to Tallahassee, Florida with mandatory inside and in-place delivery as specified in Section 2.12 (Inside
and In-Place Delivery and Shipping). Also, the price must cover the technical specifications and scope of work discussed in
Section 2 of this RFP including the security features proposed in addition or alternative to the basic security features required
in Section 2.6 (Security and Safety Features). If this form is used, a brief summary of the proposed additional or
alternative security features must be discussed in Tab 5 of the Proposal contents. Proposers that propose additional or
alternative security features that are deemed better than the basic security features may receive additional points for
their proposals during the evaluation process. Note that Attachment A-1 must be completed regardless of whether or
not additional or alternative security features are proposed in Attachment A-2.
Deliverable
1st Year of Initial Term Fee/Price
(per thousand warrants)
(to be completed by the Proposer)
Deliverable # 1
Duplicate set of all artwork –
Section 2.5 (Composition
and Artwork)
Deliverable # 2
Color Key Proofs –Section
2.8 (Proofs and Prodution
Samples)
Deliverable # 3
Voided production warrant
forms –
Section 2.8 (Proofs and
Prodution Samples)
N/A
N/A
N/A
Deliverable # 4
Warrant Forms – Section 2
(Technical Specifications
and Scope of Work)
* $ ____________
[NOTE: This amount will be
scored pursuant to Section 4.4 C.
(Evaluation Criteria).]
* Amount will be used for basis of awarding Cost Points
Renewal period costs will be based on Section 2.20 (Price Adjustment).
To be completed by the Proposer:
I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person
submitting a Proposal for the same materials, supplies or equipment, or services and is in all respects fair and without collusion
or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal for the
Proposer and that the Proposal is in compliance with all requirements of this RFP, including but not limited to, certification
requirements.
Proposer Company Name:
Proposer Address:
(City/State/Zip Code)
Proposer Phone Number:
Proposer E-mail Contact:
Authorized Representative’s Name
(Printed):
Authorized Representative’s Signature:
Date Signed:
Page 23 of 36
DFS AC RFP ???
ATTACHMENT B (Optional)
IDENTICAL TIE RESPONSE CERTIFICATION
In the event of identical tie Proposals, preference shall be given to the Proposer who (check the applicable block) certifies one
or more of the following:
_____A.
The response is from a certified minority-owned firm or company;
_____B .
A veteran business certified according to s. 295.187, F.S.
_____C. A Florida-based business having at least one of the following characteristics;
1) Fifty-one percent of the company is owned by Floridians; or
2) Employs a workforce for this project or contract that is at least 51% Floridians; or
3) More than 51% of business assets of the company, excluding bank accounts, are located in Florida.
If not a Florida-based business as defined in paragraph C above, attach a written opinion of an attorney at law licensed to
practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business
entities whose principal places of business are in that foreign state in the letting of any or all public contracts.
_____D. The response is from a Florida-domiciled entity
_____E. The commodities are manufactured, grown, or produced within this state;
_____F. Foreign manufacturer with a factory in the State employing over 200 employees working in the State.
_____G. Businesses with drug-free workplace programs. Whenever two (2) or more solicitation Responses which are equal
with respect to price, quality and service are received by the State or by any political subdivision for the procurement of
commodities or contractual services, a solicitation Response received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established procedures for processing tie
solicitation Responses will be followed if none of the tied Proposers have a drug-free workplace program. In order to have a
drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be
imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are under solicitation a copy of the
statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees, as a condition of working on the commodities or
contractual services that are under contract, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after
such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is
available in the employee’s community by any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
I certify that this firm complies fully with the above-selected requirements. (If item E above is selected, subsections “1”
through “6” have been met.)
Contractor’s Name:
_________________________________________
Authorized Signature:
_________________________________________
Page 24 of 36
DFS AC RFP 14/15-20
ATTACHMENT C
WARRANT FORMS CONTRACT
THIS CONTRACT (Contract) is entered into by and between the State of Florida, Department of Financial Services,
200 East Gaines Street, Tallahassee, Florida 32399-0353 (Department) or its successor, and
_____________________________
(Contractor), effective as of the last date signed below.
WHEREAS, the Department has determined that it is in need of certain services as described herein:
WHEREAS, this RFP is to establish a contract for the purchase of the state warrant forms used to print certain state
disbursements. Section 17.075, Florida Statues, authorizes the Chief Financial Officer (CFO) to establish the form of state
warrants for payment out of the State Treasury. This procurement allows the CFO to fulfill the statutory responsibility.
and
WHEREAS, the Contractor, as an independent Contractor of the Department, has the expertise and ability to faithfully
perform such services; and
NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the
mutual covenants and conditions hereinafter set forth, the parties agree as follows:
1.
Services and Deliverables
The Contractor agrees to render the services or other units of deliverables as set forth in the Contractor's accepted Proposal
responding to the Department’s Request for Proposals (RFP) for services, RFP # DFS AC RFP 14/15-20 and its
Attachments. The Contractor's performance shall be subject to all the terms, conditions, and understandings set forth in
said RFP and the attachments to the RFP and PUR 1000 and 1001 incorporated by reference into the RFP, copies of which
are attached hereto.
2.
Delivery Schedule
The services or other units of deliverables specified in Paragraph 1 above shall be delivered or otherwise rendered on
behalf of the Department in accordance with the schedule in the Contractor's accepted Proposal and consistent with the
RFP. The Contractor's performance shall be subject to all the terms, conditions, and understandings set forth in said RFP
and the attachments to the RFP.
3.
Term of Contract, Renewal and Termination for Convenience
The term of the Contract is three (3) years and is subject to three (3) one (1) year renewals. The price under this contract
may be modified annually as allowed in Section 2.18 (Price Adjustment) . By mutual agreement of the parties, and
pursuant to section 287.057(13), Florida Statutes, the Department may renew the Contract for three (3) one (1) year
periods. The renewals shall be contingent upon availability of funds and satisfactory performance by the Contractor. No
other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original
contract.
4.
Modification of Terms
Any terms and conditions that the Proposer provides with or before or after delivery that attempt to modify the Contract or
add additional restrictions of usage, license conditions, or requirements have no effect and are not enforceable under the
Contract. (modifies PUR 1000 ¶42) Any proposed agreement submitted in the Proposal shall not contain any provisions,
unless such provisions are expressly negated in the Proposal, which:
a.
b.
c.
d.
5.
are inconsistent with Florida law,
exclude, prohibit, or negate other contract documents,
subject the State of Florida to the jurisdiction of another state, or
provide that the State will indemnify the Proposer or any other person
Changes
The Department may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract
specifications, provided that such changes are within the general scope of the Contract. The Department may make an
equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such
Page 25 of 36
equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual
quantity requirements arise, the Department may solicit separate bids to satisfy them.
6.
Payment
a.
Subject to the terms and conditions established by this Contract and the billing procedures established by the Department,
the Department agrees to pay the Contractor for services rendered.
b.
Vendor Rights. Contractors providing goods and services to an agency should be aware of the following time frames.
Upon receipt, an agency has five (5) business days to inspect and approve the goods and services, unless the Proposal
specifications, purchase orders or Contract specifies otherwise. An agency has twenty (20) calendar days to deliver a
request for payment (voucher) to the Department of Financial Services. The twenty (20) calendar days are measured from
the date the invoice is received after the goods or services are received, inspected and approved. The Department is to
approve the invoice in the state financial system within twenty (20) calendar days.
c.
If a payment is not available within forty (40) calendar days, a separate interest penalty, computed at the rate determined
by the State of Florida Chief Financial Officer pursuant to section 215.422, Florida Statutes, will be due and payable, in
addition to the invoice amount, to the Contractor. To obtain the applicable quarterly interest rate, please refer to
http://www.myfloridacfo.com/aadir/interest.htm. Invoices returned to a Contractor due to preparation errors will result in
a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the State
agency with the proper taxpayer identification information documentation to be submitted before the prompt payment
standards are to be applied. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor
requests payment.
d.
A Vendor Ombudsman has been established with the Department of Financial Services. The duties of this individual
include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a
state agency. The Vendor Ombudsman may be reached at (850) 413-5516.
e.
Taxes. The Department is exempted from payment of Florida state sales and use taxes and Federal Excise Tax. The
Contractor, however, shall not be exempted from paying Florida state sales and use taxes to the appropriate governmental
agencies or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual obligations with
the Department. The Contractor shall not use the Department's exemption number in securing such materials. The
Contractor shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from
this Contract. The Contractor shall provide the Department its taxpayer identification number upon request.
f.
Expenses. The Contract is a fixed price contract with invoicing after approval of the final deliverable, and no separate
expenses or travel will be paid.
g.
Payment Processing. All charges for services rendered or for reimbursement of expenses authorized by the Department
shall be submitted to the Department in sufficient detail for a proper pre-audit and post-audit to be performed. All
payments for professional services and authorized expenses, including travel expenses, will be paid to the Contractor only
upon the timely and satisfactory completion of all services and other units of deliverable such as reports, findings and
drafts, upon the written acceptance of said services and units of deliverables such as reports, findings and drafts by the
Department's designated contract manager. Interim payments may be made by the Department at its discretion under
extenuating circumstances if the completion of services and other units of deliverables to date have first been accepted in
writing by the Department's contract manager.
h.
Contingency. If the terms of this Contract extend beyond the current fiscal year, the State of Florida's performance and
obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature.
7.
Acceptance
All of Contractor’s Deliverables related to these commodities or services shall be submitted to the Department’s contract
manager for review and approval. The Department’s approval and inspection of Contractor’s services shall require no
longer than five (5) business days from date of delivery of services, and fifteen (15) business days for delivery of
documentary deliverables such as reports and procedures. The Department reserves the right to reject deliverables as
outlined in the Scope of Work as incomplete, inadequate or unacceptable due in whole or in part to Contractor’s lack of
satisfactory performance under the terms of this Contract. The Department, at its option, may allow additional time within
which Contractor may remedy the objections noted by the Department and the Department may, after having given
Contractor a reasonable opportunity to complete, make adequate or acceptable said deliverables, including but not limited
to reports, declare this Contract to be in default. All status reports must be submitted timely showing tasks or activities
worked on, attesting to the level of services provided, hours spent on each task/activity, and upcoming major tasks or
Page 26 of 36
activities. Failure to complete the required duties as outlined in the Scope of Work may result in the rejection of the
invoice. Notwithstanding any provisions to the contrary, written acceptance of a particular deliverable does not foreclose
the Department’s remedies in the event those performance standards that cannot be readily measured at the time of
delivery are not met.
8.
Information and Data Security and Confidentiality
a.
Contractor, its employees, subcontractors and agents shall comply with all security procedures of the Department in
performance of this Contract. The Contractor shall provide immediate notice to the Department in the event it becomes
aware of any security breach and any unauthorized transmission of State data or of any allegation or suspected violation of
security procedures of the Department. Except as required by law or legal process and after notice to the Department,
Contractor shall not divulge to third parties any confidential information obtained by Contractor or its employees,
subcontractors or agents in the course of performing the services. Contractor shall not be required to keep confidential
information that is publicly available through no fault of Contractor, material that Contractor developed independently
without relying on the State’s confidential information, or information that is otherwise obtainable under state law as a
public record.
b.
Loss of Data. In the event of loss of any State data or record where such loss is due to the negligence of Contractor or any
of its subcontractors or agents, Contractor shall be responsible for recreating such lost data in the manner and on the
schedule set by the Department at Contractor’s sole expense, in addition to any other damages the Department may be
entitled to by law or the Contract. Further, failure to maintain security that results in certain data release will subject the
Contractor to the sanctions for failure to comply with section 817.5681, F.S., together with any costs of the Department a
breach of security.
c.
Data Protection. No DFS data or information will be transferred or stored offshore or out of the United States of America.
d.
Access to DFS data shall only be available to approved and authorized staff, including remote/offshore personnel, that
have a legitimate business need. If that need changes, then access shall be removed promptly. Contractor shall encrypt all
data transmissions. Remote data access must be provided via a trusted method such as SSL, TLS, SSH, VPN, IPSec or a
comparable protocol approved by the Department.
e.
Contractor agrees to protect, indemnify, defend and hold harmless the Department from and against any and all costs,
claims, demands, damages, losses and liabilities arising from or in any way related to Contractor’s breach of data security
or the negligent acts or omissions of Contractor related to this subsection.
f.
All employees, subcontractors, or agents performing work under the Contract must comply with all security and
administrative requirements of the Department. The Contractor shall not divulge to third parties any confidential
information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the
course of performing Contract work, including, but not limited to, security procedures, business operations information, or
commercial proprietary information in the possession of the State or the Department.
9.
Insurance
a.
During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with
such terms and limits as may be reasonably associated with the Contract. At a minimum, this includes the following types
of insurance for anyone directly or indirectly employed by Contractor and the amount of such Insurance shall be the
minimum limits as follows, unless otherwise approved by the Contract Manager:
(1) Commercial general liability coverage, bodily injury, property damage: $1,000,000 per occurrence/$2,000,000
aggregate.
(2) Automobile liability coverage, bodily injury, property damage: $1,000,000 Combined Single Limits. Insuring
clause for both bodily injury and property damage shall be amended to provide coverage on an occurrence basis.
(3) Workers’ compensation and employer’s liability insurance covering all employees engaged in any Contract
work, in accordance with Chapter 440 of the Florida Statutes.
b.
Such coverage may be reduced with the consent of the Contract Manager since certain subcontractors have potentially less
exposure in liability than other subcontractors. Except as agreed in a separate writing, no self-insurance coverage shall be
acceptable unless Contractor is licensed or authorized to self-insure for a particular coverage listed above in the State of
Florida, or is an in insured member of a self-insurance group that is licensed to self-insure in the State of Florida.
10. Termination
Page 27 of 36
a.
The Department shall have the right to terminate or suspend the Contract, by providing the Contractor thirty (30) calendar
days written notice. The Contractor shall not perform any Services after it receives the notice of termination, except as
necessary to complete the transition or continued portion of the Contract, if any. Contractor shall submit to the
Department within 90 calendar days after termination a request for payment of completed Services. Requests submitted
later than 90 calendar days after termination will not be honored and will be returned unpaid.
b.
All services performed by the Contractor prior to the termination date of this Contract shall be professionally serviced to
conclusion in accordance with the requirements of the Contract. Should the Contractor fail to perform all services under
the Contract, the Contractor shall be liable to the Department for any fees or expenses that the Department may incur in
securing a substitute Provider to assume completion of those services.
c.
As provided in section 287.058, Florida Statutes, the Department may terminate the Contract immediately in the event that
the Department requests in writing that the Contractor allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, which are made or received by the Contractor in
conjunction with the Contract, and the Contractor refuses to allow such access. However, nothing herein is intended to
expand the scope or applicability of Chapter 119, Florida Statutes, to the Contractor. The Contractor shall not be required
to disclose to the public any proprietary copyrighted trade secrets or other materials protected by law as pursuant to section
119.07, Florida Statutes.
d.
If at any time the Contract is canceled, terminated, or expires, and a contract is subsequently executed with a firm other
than the Contractor, the Contractor has the affirmative obligation to assist in the smooth transition of Contract services to
the subsequent Contractor. The Contractor agrees to provide, for up to six (6) months after termination or until the
subsequent Contractor is fully operational, whichever occurs first, all reasonable termination assistance requested by the
Department to facilitate the orderly transfer of such services to the Department or its designees. Six months prior to
termination, the Contractor will provide the Department an explanation of the functional equivalent of the technical
requirements of any services or proprietary products used to carry out the contract and all documentation supporting a
description of the technical and service requirements. Such termination assistance shall be at no additional charge to the
Department if the termination is due to Contractor default and otherwise shall not exceed software maintenance rates or
other direct expenses pre-approved by the Department’s Contract Manager.
e.
If the Contractor defaults in the performance of any covenant or obligation contained in the Contract, including without
limitation the minimum requirements contained in the Scope of Work, or in the event of any material breach of any
provision of the Contract by the Contractor, the Department may, in its sole discretion, provide notice and an opportunity
to cure the default rather than exercise the remedy of termination. If the default or breach is not cured within thirty (30)
calendar days after written notice is given to the Contractor specifying the nature of the alleged default or breach, then the
Department, upon giving written notice to the Contractor, shall have the right to terminate the Contract effective as of the
date of receipt of the default notice.
11.
Events of Default
a.
Provided such failure is not the fault of the Department or outside the reasonable control of the Contractor, the following
events, acts, or omissions, shall include but are not limited to, events of default:
b.
Failure to pay any and all entities, individuals, and the like furnishing labor or materials, or failure to make payment to any
other entities as required herein in connection with the Contract;
c.
Failure to complete and maintain, within the timeframes specified between the Department and the Contractor, the
applicable system installation, ongoing performance, maintenance, and provision of Services;
d.
The commitment of any material breach of this Contract by the Contractor, failure to timely deliver a material deliverable,
discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time
after notice to do so, or abandonment of the Contract;
e.
Employment of an unauthorized alien in the performance of the work;
f.
One or more of the following circumstances, uncorrected for more than thirty (30) calendar days unless within the
specified thirty (30) day period, the Contractor (including its receiver or trustee in bankruptcy) provides to the Department
adequate assurances, reasonably acceptable to the Department, of its continuing ability and willingness to fulfill its
obligations under the Contract:
(1) Entry of an order for relief under Title 11 of the United States Code;
(2) The making by the Contractor of a general assignment for the benefit of creditors;
Page 28 of 36
(3) The appointment of a general receiver or trustee in bankruptcy of the Contractor’s business or property;
(4) An action by the Contractor under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation;
(5) Entry of an order revoking the certificate of authority granted to the Contractor by the State or other licensing
authority;
g.
The Contractor makes or has made an intentional material misrepresentation or omission in any materials provided to the
Department or fails to maintain the required insurance.
12. Sanctions for Non-Performance
a.
Failure to use the appropriate technical requirements or timely perform as identified in the Statement of Work will result in
automatic task rejection and may not be invoiced or paid until correction of the task. Further, failure to maintain security
that results in certain data release will subject the Contractor to the sanctions for failure to comply with Section 817.5681,
F.S. together with any direct costs to the Department resulting from such a breach of security.
b.
The parties acknowledge that the late delivery of the State warrants will interfere with the timely and proper payment of
State disbursements, to the loss and damage of the State, and that it would be impracticable and extremely difficult to fix
the actual damage sustained by the State as a result of any such delay. Accordingly, the parties agree Section 2.17
(Liquidated Damages) of this RFP are not intended to be a penalty and are solely intended to compensate for unknown and
unascertainable damages. Allowing completion after the time allowed shall not act as a waiver of liquidated damages.
c.
Nothing in this section shall be construed to make the Contractor liable for delays that are beyond its reasonable control.
Nothing in this section shall limit the Department’s right to pursue its remedies for other types of damages.
13. Liability and Indemnification
a.
In addition to the provisions in PUR 1000 regarding liability, the following provisions apply: No provision in this
Contract shall require the Department to hold harmless or indemnify the Contractor, insure or assume liability for the
Contractor’s negligence, waive the Department’s sovereign immunity under the laws of Florida, or otherwise impose
liability on the Department for which it would not otherwise be responsible. Except as otherwise provided by law, the
parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of
this contract.
b.
The Department’s maximum liability for any damages, regardless of form of action, shall in no event exceed the contract
costs to Contractor for the relevant products or services giving rise to the liability, prorated over a three (3) year term from
the installation of products or the date of performance of the applicable services.
14. No Advertising or Endorsements
The Contractor's services to the Department may be generally stated and described in the Contractor's professional resume.
The Contractor may not give the impression in any event or manner, that the Department recommends or endorses the
Contractor.
15. Damages for Delay
a.
Contractor acknowledges that its failure to meet an agreed upon deadline for delivery of services will damage the
Department but that by their nature such damages are impossible to ascertain presently and will be difficult to ascertain in
the future. Accordingly, the parties agree upon a reasonable amount of liquidated damages, see Section 2.17 (Liquidated
Damages), which are not intended to be a penalty and are solely intended to compensate for unknown and unascertainable
damages. Allowing completion after the time allowed shall not act as a waiver of liquidated damages.
b.
Nothing in this section shall be construed to make the Contractor liable for delays that are beyond its reasonable control.
Nothing in this section shall limit the Department’s right to pursue its remedies for other types of damages.
16. State property
Title to all property furnished by the Department under this Contract shall remain in the Department, and Contractor shall
surrender to the Department all property of the Department prior to settlement upon completion, termination, or
cancellation. All deliverables shall become and remain the Department's property upon receipt and acceptance.
Page 29 of 36
17. Contract Modification
This Contract may be amended only by a written agreement between both parties subject to the provisions of Chapter 287,
Florida Statutes.
18. Nonexclusive Contract
This procurement will not result in an exclusive license to provide the services described in the RFP or the resulting
contract. The Department may, without limitation and without recourse by the Contractor, contract with other Vendors to
provide the same or similar services.
19. Statutory Notices
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 this Contract. An entity or
affiliate who has been placed on the public entity crimes list or the discriminatory vendor list may not submit a Proposal
on a contract to provide any goods or services 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 pursuant to limitations under Chapter 287, Florida Statutes.
20. Compliance with Federal, State and Local Laws
Contractor and all its agents shall comply with all federal, state and local regulations, including, but not limited to,
nondiscrimination, wages, social security, worker’s compensation, licenses and registration requirements.
21. My Florida Market Place Statewide eProcurement System
Unless exempted under Rule 60A-1.030-.032, each Contractor doing business with the State of Florida shall submit reports
and be assessed a Transaction Fee of one percent (1.0%) on its payments under a Contract, which must be remitted within
40 calendar days after receipt of payment for which such fees are due or the Contractor shall pay interest at the rate
established under section 55.03(1), Florida Statutes, on the unpaid balance from the expiration of the 40-day period until
the fees are remitted. (see PUR 1000 ¶14).
22. Background and employment eligibility verification
a.
The Contractor is responsible for payment of costs if any, and retaining records relating to, employment eligibility
verification, which records are exempt from Chapter 119, F.S., which verification requires the following:
b.
Under the Governor’s Executive Order 11-116, the Contractor must participate in the federal E-Verify Program for
Employment Verification under the terms provided in the “Memorandum of Understanding” with the federal Department
of Homeland Security governing the program if any new employees are hired to work on this Contract during the term of
the Contract. The Contractor agrees to provide to the Department, within thirty days of hiring new employees to work on
this Contract, documentation of such enrollment in the form of a copy of the E-Verify “Edit Company Profile” screen,
which contains proof of enrollment in the E-Verify Program. Information on “E-Verify” is available at the following
website: http://www.dhs.gov/files/programs/gc%201185221678150.shtm#I
c.
The Contractor further agrees that it will require each subcontractor that performs work under this contract to enroll and
participate in the E-Verify Program if the subcontractor hires new employees during the term of this Contract. The
Contractor shall include this provision in any subcontract and obtain from the subcontractor(s) a copy of the “Edit
Company Profile” screen indicating enrollment in the E-Verify Program and make such record(s) available to the
Department upon request.
d.
Compliance with the terms of this Employment Eligibility Verification provision will be an express condition of the
contract and the Department may treat a failure to comply as a material breach of the contract.
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23. Miscellaneous
a.
This Contract, and any referenced or attached addendum embodies the entire agreement of the parties. There are no other
provisions, terms, conditions, or obligations. This Contract supersedes all previous oral or written communications,
representations or agreements on this subject. In any conflict between this Contract and any referenced or attached
addendum, the terms and conditions of this Contract shall take precedence and govern. Acceptance of service or
processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance
of any proposed modification to terms and conditions.
b.
Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager,
who shall reduce the decision to writing and send a copy to the Contractor at a previously provided address. In the event a
party is dissatisfied with the dispute resolution decision, jurisdiction for any dispute arising under the terms of the Contract
will be in the courts of the State of Florida, and venue will be in the Second Judicial Circuit, in and for Leon County.
Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection
with disputes arising under the terms of this Contract
c.
The laws of the State of Florida and the Department’s rules govern this Contract.
d.
The Contractor agrees that no funds received by it under this Contract will be expended for the purpose of lobbying the
Legislature or a state agency pursuant to section 216.347, Florida Statutes, except that pursuant to the requirements of
section 287.058(6), Florida Statutes, during the term of any executed contract between the Contractor and the state, the
Contractor may lobby the executive or legislative branch concerning the scope of services, performance, term, or
compensation regarding that contract.
e.
The Contractor is an independent contractor, and is not an employee or agent of the Department.
f.
All services contracted for are to be performed solely by the Contractor and may not be subcontracted or assigned without
the prior written consent of the Department. The Department may refuse access to or require replacement of any
Contractor employee, subcontractor or agent for cause, including but not limited to technical or training qualifications,
quality of work, change in security status, or non-compliance with a Department policy or other requirement. Such action
shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract.
g.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this
Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and limitations of
liability, shall survive termination, cancellation or expiration of this Contract.
h.
The Contractor hereby agrees to protect, indemnify, defend and hold harmless the Department from and against any and all
costs, claims, demands, damages, losses and liabilities arising from or in any way related to the Contractor’s breach of this
contract or the negligent acts or omissions of the Contractor.
i.
The Department shall not be deemed to assume any liability for the acts, omissions to act or negligence of the Contractor,
its agents, servants, and employees, nor shall the Contractor disclaim its own negligence to the Department or any third
party.
j.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are
severable to that void provision, and shall remain in full force and effect.
24.
Execution in Counterparts and Authority to Sign
This Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute the
same instrument. Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the
respective party to the Contract.
Page 31 of 36
25.
a.
Contract Administration.
The Department’s Contract Manager is: Megan Chapman, Government Analyst II, Bureau of Vendor Relations, located at
Department of Financial Services, Fletcher Building, 200 East Gaines Street, Tallahassee, Florida 32399-0353. Send
invoice to:
State of Florida
Department of Financial Services
Bureau of Financial Services
Room G-13, Larson Building
200 East Gaines Street
Tallahassee, Florida 32399-0315
b.
The Contractor’s Contract Manager is
_____________ located at _____.
c.
All written and verbal approvals referenced in this Contract must be obtained from the parties' Contract Managers
designated in this Section or designees. Notices required to be in writing must be delivered or sent to the intended
recipient by hand delivery, certified mail or receipted courier and shall be deemed received on the date received or the date
of the certification of receipt.
IN WITNESS WHEREOF, the Department of Financial Services and _____, by their duly authorized representatives,
have signed this Contract.
______________________________
Contractor Representative:
Title:
_______________________________
Department of Financial Services
The CFO or his designee
Date: __________________________
Date: __________________________
Page 32 of 36
DFS AC RFP 14/15-20
ATTACHMENT D
CONFLICT OF INTEREST CERTIFICATION
Company or Entity Name ________________________________
For the purpose of participating in the Request for Proposals process and complying with the provisions of Chapter
112, Florida Statutes, and section 287.075 Florida Statutes (F.S.) the undersigned corporate officer states as follows:
Proposer (check the applicable block) certifies one or more of the following:
_____A.
The persons listed below are current State employees who own an interest of five percent (5%) or
more in the company/entity named above:
_________________________________
___________________________________
_________________________________
___________________________________
_________________________________
___________________________________
_____B.
To the best of its knowledge, the Proposer or its employees, agents, or subcontractors, have not
knowingly participated, through decision, approval, disapproval, or preparation of any part of a purchase request, investigation,
or audit, in the procurement of commodities or contractual services by a state agency from an entity in which the contractor, or
its employees, agents, or subcontractors, has a material interest, in accordance with section 287.075, F.S. According to section
112.312 (15), F.S., material interest means “more than 5 percent of the total assets”. Agent means any other entity or person
acting on behalf of a Proposer.
The above information is true and correct to the best of my knowledge. Signed on this day of
__________________, 20__.
_________________________________
Signature
_________________________________
Print Name and Title
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DFS AC RFP 14/15-20
ATTACHMENT E
PALLET CONFIGURATION
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DFS AC RFP 14/15-20
ATTACHMENT F
LOADING DOCK
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DFS AC RFP 14/15-20
ATTACHMENT G
ACCESS ROAD
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