INVITATION TO NEGOTIATE REGISTRATION

Transcription

1 State of Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services 325 West Gaines Street 324 Turlington Building Tallahassee, Florida INVITATION TO NEGOTIATE REGISTRATION ******************************************************************************************************************************************* COMPLETE AND RETURN THIS FORM TO THE ABOVE ADDRESS OR FAX TO 850/ ******************************************************************************************************************************************* Reply Number: ITN Title: COLLECTION SERVICES FOR DEFAULTED STUDENT LOANS Date & Time Reply Due: DECEMBER 10, 2:30 PM EASTERN TIME (ET) Potential Respondents should notify the Florida Department of Education, Bureau of Contracts, Grants and Procurement Management Services by returning this Intent to Submit Reply Form as soon as possible after downloading. Complete the information below and send this sheet only to fax number 850/ , or mail to 324 Turlington Building, 325 West Gaines Street, Tallahassee, Florida or it to the below contact. Company Name: Contact Person: Address: City, State, Zip: Telephone: ( ) Fax Number: ( ) Internet Address: Signed: Date: For further information on this process, you may contact Chuvala Snell-Brown Chuvala.Snell-Brown@fldoe.org at 850/ (Revised 6/03/2009) ITN Collection Services for Defaulted Student Loans Page 1

2 State of Florida Department of Education INVITATION TO NEGOTIATE COLLECTION SERVICES FOR DEFAULTED STUDENT LOANS BID NUMBER: ITN DEADLINE FOR TECHNICAL QUESTIONS: NOVEMBER 24, 2009 BY 3:00 PM (There is no deadline for administrative questions) REPLIES ARE DUE BY: 2:30 PM, ET, ON DECEMBER 10, 2009 MAIL OR DELIVER REPLIES TO: Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services 325 West Gaines Street 324 Turlington Building Tallahassee, Florida Attention: Chuvala Snell-Brown Phone: 850/ ITN Collection Services for Defaulted Student Loans Page 2

3 Table Of Contents INVITATION TO NEGOTIATE REGISTRATION... 1 SECTION 1 - OVERVIEW...5 SECTION 1 INSTRUCTIONS GENERAL INSTRUCTIONS TO RESPONDENT... 5 SECTION 2 CONTRACT CONDITIONS GENERAL CONTRACT CONDITIONS... 5 SECTION 3 - INTRODUCTION INTENT PURPOSE BACKGROUND DEFINITIONS CRITICAL EVENT DATES... 7 SECTION 4 SPECIAL INSTRUCTIONS PRE-SOLICITATION CONFERENCE SITE INSPECTION VISITOR S PASS TO THE TURLINGTON BUILDING REPLY QUESTIONS & ANSWERS PROCUREMENT PROTESTS/NOTICE OF RIGHTS ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL WITHDRAWAL OF A REPLY DISCLOSURE OF REPLY CONTENTS SECTION 5 SPECIAL INSTRUCTIONS REPLY FORMAT & CONTENT REPLY SUBMISSION MAIL OR DELIVER REPLIES TO: (Do Not Fax or ) REPLY FORMAT INSTRUCTIONS PAST PERFORMANCE RESPONSE...13 SECTION 6 SPECIAL CONDITIONS AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA OTHER CONDITIONS IDENTICAL EVALUATION OF RESPONSES DISCLOSURE STATEMENT SUB-CONTRACTING CONTRACTUAL OBLIGATIONS METHOD OF PAYMENT SUSPENDED VENDOR LIST DIVERSITY IN CONTRACTING COSTS INCURRED IN RESPONDING PROHIBITION OF GRATUITIES INDEPENDENT PRICE DETERMINATION BID GUARANTY ITN Collection Services for Defaulted Student Loans Page 3

4 6.14 PERFORMANCE BOND PARTICIPATION IN FUTURE STAGES OF THIS PROJECT ACCESSIBLE ELECTRONIC INFORMATION TECHNOLOGY SECTION 7 SCOPE OF SERVICES SCOPE OF SERVICES Legal Requirements SECTION 8 OPENING, EVALUATION AND AWARD REPLY OPENING REPLY EVALUATION AND NEGOTIATION PROCESS EVALUATIONS POSTING OF INTENDED AWARD AWARD OF THE CONTRACT ATTACHMENT RESPONDENT S PRICE REPLY ATTACHMENT DRUG-FREE WORKPLACE ATTACHMENT DISCLOSURE STATEMENT ATTACHMENT REFERENCES ATTACHMENT 4 A...45 PAST PERFORMANCE EVALUATION QUESTIONNAIRE INSTRUCTIONS ATTACHMENT 4 A CONT...46 PAST PERFORMANCE EVALUATION QUESTIONNAIRE ATTACHMENT MINORITY SUB CONTRACTORS UTILIZATION SUMMARY ATTACHMENT CONTRACT STANDARD TERMS AND CONDITIONS ATTACHMENT SAMPLES OF PLACEMENT REPORTS AND RECORD LAYOUTS ITN Collection Services for Defaulted Student Loans Page 4

5 STATE OF FLORIDA DEPARTMENT OF EDUCATION INVITATION TO NEGOTIATE COLLECTION SERVICES FOR DEFAULTED STUDENT LOANS BID NUMBER: ITN SECTION 1 - OVERVIEW SECTION 1 INSTRUCTIONS 1.0 GENERAL INSTRUCTIONS TO RESPONDENT This section contains instructions explaining the solicitation process and the actions necessary to respond. General Instructions to Respondent (Form PUR 1001) is a downloadable document which must be downloaded for review. This document need not be returned with the Respondent s reply. Form PUR 1001 may be accessed at under Documents, Forms, References and Resources. In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the statutory requirements shall take precedence. SECTION 2 CONTRACT CONDITIONS 2.0 GENERAL CONTRACT CONDITIONS Standard terms and conditions that will apply to the contract which results from the solicitation event are provided in this section. General Contract Conditions (Form PUR 1000) is a downloadable document which must be downloaded for review. This document need not be returned with the Respondent s reply. Form PUR 1000 may be accessed at under Documents, Forms, References and Resources. In the event of any conflict between the PUR 1000 form and any other Special Conditions, the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR form is required by any section of the Florida Statutes, in which case the statutory requirements shall take precedence. SECTION 3 - INTRODUCTION 3.0 INTENT The State of Florida Department of Education, Office of Student Financial Assistance (OSFA) (hereinafter referred to as the "Department") is soliciting written replies from qualified vendors to establish a term contract of which the term is anticipated to begin upon execution of the contract and be effective for thirty-six (36) months thereafter. Award will be made to the responsible and responsive vendor(s) that the Department determines will provide the best value to the State. The resulting contract may be renewed for up to an additional three (3) years, see Form PUR 1000 for renewal requirements. ITN Collection Services for Defaulted Student Loans Page 5

6 3.1 PURPOSE The purpose of this Invitation to Negotiate (ITN) is to select and negotiate with qualified vendors wishing to provide collection services for defaulted student loan accounts held by the Department. Each vendor submitting a response to this ITN shall have a minimum of at least three (3) years experience in the collection of student loans, including Administrative Wage Garnishment and either at least three (3) years experience with collections under the Federal Family Education Loan Program (FFELP), including Administrative Wage Garnishment or at least three (3) years experience with collections under the Federal Direct Student Loan program (FDLP), including Administrative Wage Garnishment. The accounts for which collection services are sought primarily include defaulted student loan obligations purchased as claims from lenders and other holders of loans under the FFELP. The services offered shall meet all requirements of Florida Statutes, applicable rules of the Florida State Board of Education and other Florida state agencies, all federal statutes and regulations, including but not limited to 34 CFR 682, and any applicable laws of any other states and territories in which the Contract Vendor must operate in order to provide the services required in this ITN. The Contract Vendor s compliance with these laws, rules, and regulations that affect the services provided under the contract resulting from this ITN, will extend continuously throughout the full period of the contract, including any renewal or extension of the contract, any changes to laws, rules, regulations, and due diligence requirements or any successor statute, rule, or regulation enacted or adapted to cover substantially the same subject matter. The Contract Vendor shall immediately notify the Department and revise its services (including seeking an to the contract) as necessary to preserve such compliance at no additional cost to the Department. Throughout this ITN, all of the foregoing shall collectively be referred to as the applicable statutes, rules, and regulations. The Department intends to award up to four (4) contracts for collection services from this procurement, but reserves the right to award fewer than four (4) contracts for collection services. A contract, if awarded, will be a fixed fee contract based on specific rates contained in the successful Contract Vendor s response and as accepted by the Department. No increase or changes to these rates or the total amount of the contract will be authorized without a written agreement between the Contract Vendors and the Department as identified herein. Contract Vendors shall be required to be prepared to begin receiving accounts no later than January 2, BACKGROUND Since the late 1980 s the Department has contracted with private sector vendors to assist it in the collection of defaulted student loans of various types. The most recent contracts with private vendors were entered into The contracts the Department entered into in 2004 were three (3) year contracts that had two additional one-year renewal options that the Department has exercised. The 2004 contract renewals will expire on December 31, No additional account placements are planned to be provided under those contracts after that time. The four contractors awarded in 2004 collectively have approximately 140,773 borrower accounts belonging to the Department, which are valued at approximately $613,077,109. The Department has been internally processing Administrative Wage Garnishment on accounts. Collectively the Department has approximately 15,190 borrower accounts, which are valued at approximately $66,062, Annual Appropriations The State of Florida s performance and obligation to pay under a contract awarded pursuant to this ITN is contingent upon an annual appropriation by the Legislature. If the Department at any time determines that monies lawfully applicable to such contract are not available for the remainder of its term, the Department shall promptly notify the Contract Vendor, whereupon the obligations of the parties shall be considered as canceled by mutual consent. ITN Collection Services for Defaulted Student Loans Page 6

7 In the event that the Governor and Cabinet are required to impose a mandatory reserve on appropriations, the Department shall amend the contract to place in reserve the amount determined by the Department to be necessary because of the mandatory reserve in the appropriation. Such amendments may provide for adjustments in the deliverable products and services as may be necessary. The Contract Vendors shall execute such contract amendments at the written request of the Department. 3.3 DEFINITIONS After the award, said Respondent will be referred to as the "Contract Vendor". For the purpose of this document, the term "Respondent" means a potential Contract Vendor acting on its own behalf and on behalf of those individuals, partnerships, firms, or corporations comprising the Respondent s team. The term "reply" means the complete reply of the Respondent to the ITN, including properly completed forms and supporting documentation. The term contract refers to the agreement between the Department and the Contract Vendor resulting from this ITN. Best value means the highest overall value to the State based on objective factors that include, but are not limited to, price, quality, design, and workmanship. A responsive bid is a reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. The commencement date means the date on which the Commissioner of Education and Contract Vendor have both signed the contract. A Day means a calendar day unless a different meaning is otherwise indicated. The acronym FFELP is the Federal Family Education Loan Program. State defines the State of Florida and its Departments, commissions, officials, and employees. USDE is the United States Department of Education. The term place or assign may be used interchangeably throughout this document where appropriate. Throughout this ITN and where deemed appropriate by the Department, the singular may be read as the plural and the plural as the singular. 3.4 CRITICAL EVENT DATES These are tentative dates for critical events, and are subject to change. November 24, 2009 by 3:00 PM - Deadline for Technical Questions December 2, Department Response to Technical Questions received by deadline December 10, 2:30 PM - Technical & Price Responses are due December 10, 3:00 PM Technical & Price Responses opened at Turlington Building. (Step 1) December 14-16, The Department will evaluate the Replies. (Step 2) December 21, The Negotiation Committee will start negotiations. (Step 3) The Intent to Award will be posted for 72 hours upon completion of the negotiation meeting(s) and a final decision by the Department. SECTION 4 SPECIAL INSTRUCTIONS 4.0 PRE-SOLICITATION CONFERENCE A PRE-SOLICITATION CONFERENCE WILL NOT BE HELD. 4.1 SITE INSPECTION A SITE INSPECTION WILL NOT BE HELD. ITN Collection Services for Defaulted Student Loans Page 7

8 4.2 VISITOR S PASS TO THE TURLINGTON BUILDING Each visitor to the Turlington Building is required to sign in and obtain a Visitor's Pass at the security desk in the main lobby. Please allow at least 15 minutes prior to reply opening time if hand-delivering your Reply to the Bureau of Contracts, Grants and Procurement Management Services. 4.3 REPLY QUESTIONS & ANSWERS Any technical questions arising from this ITN must be forwarded, in writing, to the purchasing agent identified below. The Department's written response to written inquiries submitted timely by Respondents will be posted on the Florida Vendor Bid System (VBS) at (click on Business, then click on Doing Business with the State, under Everything for Vendors and Customers, click on the Vendor Bid System, then Search Advertisement; select the Department of Education in the Agency drop down window and initiate search), under this reply number. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a reply. Only written inquiries from Respondents, which are signed by persons authorized to contractually bind the Respondents, will be recognized by the Department as duly authorized expressions on behalf of the Respondents. WRITTEN QUESTIONS should be submitted to: Bureau of Contracts, Grants and Procurement Management Services, Chuvala Snell-Brown, 325 West Gaines Street, 324 Turlington Building, Tallahassee, Florida , Address (preferred): chuvala.snellbrown@fldoe.org, or Fax Number: 850/ PROCUREMENT PROTESTS/NOTICE OF RIGHTS Pursuant to Florida Statutes, Section (3)(b): Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph. Section (3)(a) provides: Failure to file a protest within the time prescribed in section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes." Florida Administrative Code Rule (2) defines the term decision or intended decision, and includes the solicitation terms (and any addenda), the award of the contract, and a rejection of all bids. At the time of filing the Formal Written Protest the protestor must also file a Protest Bond payable to the Department in an amount equal to 1 percent of the estimated contract amount. Florida Statutes, Section (2)(c) and Florida Administrative Code Rule contain further terms relating to the Protest Bond, including how to determine the estimated contract amount. In lieu of a Protest Bond, the Department will accept cashier s checks, official bank checks or money orders. The bond shall be conditioned upon the payment of all costs and charges that ITN Collection Services for Defaulted Student Loans Page 8

9 are adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. The Notice of Protest, Formal Written Protest, and Protest Bond shall be filed with the issuing office as defined in SECTION 4.4 above. 4.5 ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA) No negotiations, decisions, or actions will be initiated or executed by a Respondent as a result of any oral discussions with a State employee. Only those communications which are in writing from the Bureau of Contracts, Grants and Procurement Management Services, will be considered as a duly authorized expression on behalf of the Department until negotiation is awarded. Notices of changes (addenda) will be posted on the VBS (Vendor Bid System), under this reply number. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a reply. All addenda will be acknowledged by the Respondent s signature and subsequent submission of addenda with reply when so stated in the addenda. 4.6 MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL Respondents may modify submitted replies at any time prior to the reply due date. Requests for modification of a submitted reply shall be in writing and must be signed by an authorized representative of the Respondent. Upon receipt and acceptance of such a request, the entire reply will be returned to the Respondent and not considered unless resubmitted by the due date and time. Respondents may also send a change in a sealed envelope to be opened at the same time as the reply. The ITN number, opening date and time should appear on the envelope of the modified reply. Unless specifically requested by the Department, any amendments, revisions, or alterations to replies will not be accepted after the closing for the receipt of replies. 4.7 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF Respondents shall not communicate with any Department staff concerning this ITN except for the Department contact person identified in SECTION 4.3 REPLY QUESTIONS & ANSWERS of this ITN. Only those communications which are in writing from the Bureau of Contracts, Grants, and Procurement Management Services shall be considered as a duly authorized response on behalf of the Department. For violation of this provision, the Department reserves the right to reject a Respondent s reply. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. 4.8 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL The Department takes its public records responsibilities as provided under chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If Respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, Respondent must clearly mark and identify in its response those portions which are confidential, trade secret or otherwise exempt. Respondent must also simultaneously provide the Department with a separate redacted copy of its response. This redacted copy shall contain the Department s solicitation name, number, and the name of the Respondent on the cover, and shall be clearly titled Redacted Copy. The Redacted Copy shall be provided to the Department at the same time Respondent submits its response to the solicitation and must only exclude or obliterate those exact ITN Collection Services for Defaulted Student Loans Page 9

10 portions which are claimed confidential, proprietary, or trade secret. The Respondent shall also provide one (1) electronic copy (compact disc (CD), flash drive, etc.) of their Redacted Copy. Respondent shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, Respondent shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Respondents determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If Respondent fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by Respondent in answer to a public records request for these records. 4.9 WITHDRAWAL OF A REPLY A Respondent may withdraw a reply by written notice to the Department on or before the deadline specified for the receipt of replies in SECTION 3.4 CRITICAL EVENT DATES of this ITN. Such written notice is to be submitted to the Issuing Office at the address specified in SECTION 4.3 REPLY QUESTIONS AND ANSWERS of this ITN DISCLOSURE OF REPLY CONTENTS All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the Respondent or its agents. All replies shall become the property of the Department and shall not be returned to Respondent. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any reply. Selection or rejection of a reply shall not affect this right. SECTION 5 SPECIAL INSTRUCTIONS REPLY FORMAT & CONTENT 5.0 REPLY SUBMISSION Both Technical and Price Replies will be received as specified in SECTION 3.4 CRITICAL EVENT DATES. All replies and associated forms must be signed and dated in ink by a duly authorized representative of the Respondent. The overall response must be written in a concise manner, which is conducive to effective evaluation and product selection. All replies and related documents submitted in response to this ITN shall become the property of the State of Florida. 5.1 MAIL OR DELIVER REPLIES TO: (Do Not Fax or ) Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services Attn: Chuvala Snell-Brown 325 West Gaines Street 324 Turlington Building Tallahassee, Florida REPLY FORMAT INSTRUCTIONS This section contains instructions that describe the required format for the reply. All replies submitted shall be marked on the outer packaging as follows: COMPANY NAME REPLY NUMBER ITN DUE DATE & TIME ITN Collection Services for Defaulted Student Loans Page 10

11 5.2.1 Technical Reply (Part I) (11 copies) (Do not include price information in Part I) The Respondent must submit one (1) original, (10) hard copies and two (2) electronic format (compact disc (CD), flash drive, etc) copies in Microsoft Word 5.0 or higher, or Adobe Acrobat of the reply which is to be divided into the sections/tabs described below. Since the Department will expect all replies to be in this format, failure of the Respondent to follow this outline may result in the rejection of the reply. TAB A - Coversheet 1. Company Name 2. Company Address 3. Contact Person 4. Address 5. ITN Number 6. Due Date and Time TAB B Mandatory Submittal Documents: The absence of any of these documents may result in a determination that the Reply is non-responsive and the Reply shall not be evaluated. The Reply forms furnished must be used when submitting your response. Forms are to be filled out in ink or typewritten. All Addenda Price Reply (Attachment 1) Drug-Free Workplace Form, if applicable (Attachment 2) Disclosure Statement Form (Attachment 3) Reference Form (Attachment 4) Provide a list of at least three (3) references, which demonstrate efforts comparable to the one described in this ITN. The Department reserves the right to contact the references regarding the services provided. Any information provided will be subject to the requirements of the Florida Public Records Law. Transmittal Letter Provide a Transmittal Letter (on Company Letterhead) Transmittal letter must include the following: The Respondent shall provide a Transmittal Letter (on Company Letterhead) certifying that the person signing the reply is authorized to represent the Respondent and bind the Respondent relative to all matters contained in the Respondent s reply. The letter must also contain the following: a statement on the Respondent s letterhead that the Respondent agrees to comply with all Federal and State laws regarding fair employment practices and non-discrimination the reply, and all statements, offers, and representations therein shall be valid for a minimum of one hundred eighty (180) days or until the contract, if any, is executed between the Contract Vendor and the Department as a result of this ITN. the person signing the reply is authorized to represent the Respondent and bind the Respondent relative to all matters contained in the Respondent's reply. The letter must also contain the following: the company s federal tax identification number the Respondent has read, understands, comply and agrees to all provisions of this ITN a statement certifying that the Respondent is authorized to conduct business in Florida in accordance with the provisions of Chapter 607, F.S. In lieu of such statement, the Respondent alternatively must certify that they will secure authorization to do business in Florida prior to the award of the contract. the Respondent is registered on the MyFloridaMarketPlace Web site in accordance with the provisions by ITN Collection Services for Defaulted Student Loans Page 11

12 TAB C the State of Florida. In lieu of such statement, the Respondent must alternatively certify that they will complete such registration authorization prior to the award of the contract. the Respondent does not possess a conflict of interest as described in Chapter 112, Florida Statutes. The Respondent must disclose the name of any officer, director, or agent who is also an employee of the State of Florida, or any of its agencies. Further, the Respondent must disclose the name of any State employee who also, directly or indirectly, has an interest of five percent (5%) or more in the Respondent's firm or any of its subsidiaries. No Department staff shall have any material interest in or receive directly or indirectly, any compensation from the Respondent's firm or any of its subsidiaries. This shall be an ongoing requirement, and failure to comply will subject the Contract to cancellation or reimbursement of all dollars paid under the Contract. no attempt has been made or will be made to solicit, cause, or induce any firm or person to refrain from submitting a reply to this ITN, or to submit a complementary bid. the Respondent has made a diligent inquiry of all members, officers, employees, and agents of the respondent with responsibilities relating to the preparation, approval, or submission of its response on this project and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in its reply. in accordance with Section , Florida Statutes, the Respondent has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in Section (1)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company. except as noted in Paragraph c herein below, neither the Respondent nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position: a. Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a state or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or c. Has within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. the Respondent has not and will not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project, unless authorized in writing by the Department. Executive Summary: The reply must contain a narrative description of the Respondent s organizational structure, and at a minimum, must include its subsidiaries, parent corporations, officers, as well as details concerning the number of facilities by geographic location, and a list of the services to be provided. The Respondent is encouraged to limit the summary to no more than three (3) pages. ITN Collection Services for Defaulted Student Loans Page 12

13 TAB D Respondent s History and Experience: The reply must describe the experience of the Respondent for this type of service. Describe specific work experience. Experience shown shall be work done by the individuals who will be performing the required services as well as the overall experience of the Respondent s company. The Respondent must include References form (Attachment 4) in its reply. The Department must receive a minimum of three (3) reference letters (using company letterhead) directly from the references identified in Attachment 4, by the due date of the ITN. The reference letters must attest to such experience, which describes, at a minimum, the Respondent s quality of service. Reference letters not received by the due date of the ITN may not be considered. Qualifications The Department will evaluate the replies based upon the demonstration of satisfactory experience and capability in the work area. The Respondent shall identify necessary experienced personnel and/or facilities to support the activities associated with this ITN. Respondents submitting replies in response to this ITN shall have a minimum of at least three (3) years experience in the collection of student loans including Administrative Wage Garnishment and either at least three (3) years experience with collections under Federal Family Education Loan Program (FFELP) including Administrative Wage Garnishment or at least three (3) years experience with collections under Federal Direct Loan Program (FDLP) including Administrative Wage Garnishment. The Respondent shall indicate prior experience of the firm that is relevant to the successful accomplishment of the project defined by this ITN. The Respondent shall include sufficient detail to demonstrate the relevance of such experience and specifically state any prior guaranty agency collection servicing experience. Also, the Respondent shall include the name, address, fax, and telephone number of the responsible official or references that may be contacted. 1. The Respondent shall specifically identify any other contracts it holds, has held, or any related entity holds or has held with any federal or state governmental agency, Department or entity, and federal, state or private guaranty agency within the past three (3) years. 2. The Respondent shall submit the following information as described in Section : Past Performance Response Respondents shall focus on results produced and describe why its past performance places it among the best of top performing collection agencies. The Respondent shall include specific examples of its relevant past performance in a competitive environment since January 1, 2005, including its recovery results, placement among all competing vendors, and number of contractors. Each example should cover the entire period since January 1, 2005, and not focus on a single snapshot time frame within that period. Recent past performance includes only January 1, 2005, through the current date. (Respondents may cite projects that did not extend over this entire period, but must include all performance on the project since January 1, 2005.) The Respondent shall explain how this past performance is relevant to these ITN requirements. The Department considers the following to be the most significant factors contributing to relevance: Performance in a competitive environment, Performance collecting student loan debt, Performance collecting nationwide, and Performance handling a large volume of accounts. ITN Collection Services for Defaulted Student Loans Page 13

14 Other factors, such as debt types similar to student loan debt, may contribute to a lesser degree. Respondents shall provide three (3) references for these examples of relevant past performance. For each of the three (3) references identified, the Respondent shall provide a point of contact, an alternate point of contact, and telephone numbers for each, for the contract that is used to demonstrate relevant past performance. Respondents may want to notify references that the Department may contact them. See Attachment 4. The Department may obtain and consider other information that may be available. The Department may contact and obtain or verify past performance information from references. If a Respondent believes that its competitive standing or other past performance information does not fairly represent its past performance or that an unusual event or special circumstance created an inequity in its past performance ratings or standings, the Respondent should clearly explain why. In its explanation of why past performance information may not fairly represent its past performance, the Respondent may only cite a factor that affects most collection agencies similarly (e.g., changes in laws, collection rules, or fluctuations in the national economy), if the Respondent clearly and convincingly explains why that factor had an inequitable effect on the Contract Vendor s past performance relative to other collection agencies. Respondents are cautioned that the Department considers circumstances within the Respondent s control (e.g., relocations, staffing changes, reorganizations, or internal problems) to be part of the Respondent s past performance and thus not a basis for adjusting or excusing its past performance rating. TAB E Company Profile and Personnel: The Contract shall require a substantial commitment of company resources and personnel. Provide information demonstrating the Respondent s and Subcontractor ability to perform services. Identify all personnel who would be engaged as service administrator, contract manager, etc. Describe the experience and certification of identified personnel. Replies must be clear, accurate, and sufficiently detailed to enable the Department to evaluate the Respondent's company profile, and must include: 1. State in which incorporated and date of incorporation, and if not incorporated, indicate type of business (e.g., partnership, sole proprietorship, etc.) 2. Financial statement for each of the last three years (if this is included as an appendix to the Reply, please reference the appendix number); Percentage of minority employees; 3. State whether the Respondent or Subcontractor has had a contract terminated for default within the past five years, and if so, describe in detail; 4. State whether the Respondent or Subcontractor has filed for bankruptcy protection in the past five- (5) years or is currently in the process of filing or planning to file for bankruptcy protection or financial restructuring or refinancing. If so, provide Court and case number; 5. Describe in detail a plan to provide continued service and support to the Department in the event the Respondent s company goes out of business, merges with another, is acquired by another company, etc.; Certify that the Respondent or Subcontractor is not currently under suspension or debarment by the State of Florida or any other state government; 6. Certify that the Respondent or Subcontractor does not owe the State of Florida or another state any outstanding taxes or fees; 7. State whether any Contract with the State, or negotiation with any other clients, would represent a possible conflict of interest; 8. Indicate whether the Respondent or Subcontractor has any pending or threatened litigation against the State or any agency of the State; 9. If the Respondent is proposing to use any Subcontractors for the services herein, describe in detail the experience as a prime Contractor in dealing with Subcontractors and the plan to manage and coordinate ITN Collection Services for Defaulted Student Loans Page 14

15 any proposed Subcontractors; and 10. Provide the names and addresses of all affiliated or related companies, partnerships, or associations (including Subcontractor, if any) and a brief description of their relationship to the Respondent. TAB F Respondent's Technical Plan: The Respondent shall provide a technical plan which explains the technical approach. The Respondent shall provide a plan that meets the purpose and scope of services as defined in SECTION 7 of this ITN. Technical Approach The Respondent should explain the approach, capabilities, and means to be used in accomplishing the tasks in the Scope of Services, and where significant development difficulties may be anticipated and resolved. Any specific techniques to be used should also be addressed. These activities include but are not limited to: TAB G Account transfers and processing: Accept accounts placed by the Department and acknowledge acceptance Remit funds Submit account histories and reports on account status Post payments Transmit other data Close accounts Return accounts to the Department Normal due diligence Generate and mail collection notice letters Perform required collection telephone calls to borrowers Perform skip tracing Generate and submit account management reports Administrative Wage Garnishment Generate and mail the Notice Prior to Withholding (NPWW) to the borrower. Generate and mail the Order to Withhold Earnings (OWE) to the employer. Generate and mail Release Orders to the employer. Price Reply: The Respondent s reply must include cost and the Respondent is responsible for the accuracy of pricing information provided in the reply. The price reply must describe the determination of the cost and how the cost is applied Price Reply (Part II) (6 copies) The Respondent must submit one (1) original, five (5) hard copies and two (2) electronic format (compact disc (CD), flash drive, etc.) copies in Microsoft Word 5.0 or higher, or Adobe Acrobat. The Respondent s Price information shall be submitted on the form provided in this ITN. A. The Respondent shall submit a single fee commission rate proposed for the services it is offering the Department for the collection of individual borrower payments in the following categories: monthly repayment ITN Collection Services for Defaulted Student Loans Page 15

16 plans established with the borrower, Administrative Wage Garnishment, payments made for the purpose of loan rehabilitation, and payments made to qualify a borrower as eligible for loan consolidation. Such payment fee is to apply to the full period of the contract, inclusive of any renewals and/or extensions, and is to apply to all placed accounts and defaulted guaranteed student loans. The proposed payment fee is to be expressed as a percentage rate applicable to eligible borrower collections in accordance with the requirements of this ITN. The proposed Loan Collection Fee may not exceed the target rate of thirteen (13%) percent. B. The Respondent shall submit a single fee commission rate proposed for the services it is offering the Department for the purpose of the Loan Rehabilitation Program. Such payment fee is to apply to the full period of the contract, inclusive of any renewals and/or extensions, and is to apply to all placed accounts. The proposed payment fee is to be expressed as a percentage rate applicable to eligible borrower collections in accordance with the requirements of this ITN. The proposed Loan Collection Fee may not exceed the target rate of thirteen (13%) percent. C. The Respondent shall submit a single fee commission rate proposed for the services it is offering the Department for the purpose of FFELP Consolidation Loan. The Department is not processing FFELP Consolidations at this time but may do so in the future. Such payment fee is to apply to the full period of the contract, inclusive of any renewals and/or extensions, and is to apply to all placed accounts. The proposed payment fee is to be expressed as a percentage rate applicable to eligible borrower collections in accordance with the requirements of this ITN. The proposed Loan Collection Fee may not exceed the target rate of five (5%) percent. D. The Respondent shall submit a single fee commission rate proposed for the services it is offering the Department for the purpose of William D. Ford Consolidation Loan. Such payment fee is to apply to the full period of the contract, inclusive of any renewals and/or extensions, and is to apply to all placed accounts. The proposed payment fee is to be expressed as a flat rate fee in accordance with the requirements of this ITN. The proposed Loan Collection Fee may not exceed a flat rate fee of one hundred ($100.00) dollars. The Contractor shall be notified in writing within 30 days for consolidations that approach 45% of the assigned accounts. Accounts may be cancelled if the 45% is reached. E. Respondent s proposing rates above the target rates shall justify the rates in its business proposal and demonstrate that the proposed rates provide an appropriate balance between incentive, compensation to the Contract Vendor, and cost to the Department that will ensure high quality performance under the ITN. F. If, during the term of the contract resulting from this ITN, the USDE changes the Guaranty Agency Retention Fee the Department is permitted to receive from the USDE, the Department at its discretion may renegotiate a reduction for all or part of the commission fees paid for any or all collection activities that are affected by the change made by USDE. The parties shall execute an amendment to the contract resulting from this ITN, including any renewals/extensions thereto, to decrease the commission rates/fees. Failure of the parties to come to an agreement and execute any such amendment shall result in the termination of the contract. G. The Respondent is responsible for the accuracy of the pricing information it provides. An authorized representative of the Respondent shall sign and date the Respondent s Price Reply. The title of the signatory shall also be provided Presenting the Reply The reply shall be limited to a page size of eight and one-half by eleven inches (8½" x 11"). Type size shall not be less than 12 point font. The replies should be indexed and all pages sequentially numbered. Bindings and covers will be at the Respondent's discretion however, elaborate notebooks/hard back binders are discouraged. The twelve (12) point font size does not apply to screen captures, graphics, etc. ITN Collection Services for Defaulted Student Loans Page 16

17 Unnecessarily elaborate special brochures, art work, expensive paper and expensive visual and other presentation aids are neither necessary nor desired. All respondent materials must be packaged so that the weight of each box of materials shipped to the Department does not exceed 25 pounds. SECTION 6 SPECIAL CONDITIONS 6.0 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA Foreign corporations and foreign limited partnerships must be authorized to do business in the State of Florida. Domestic corporations must be active and in good standing in the State of Florida. Such authorization and status should be obtained by the reply due date and time, but in any case, must be obtained prior to posting of the intended award. For authorization, contact: Florida Department of State Tallahassee, Florida (850) LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA If the services being provided require that individuals be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such licenses should be obtained by the reply due date and time, but in any case, must be obtained prior to posting of the intended award. For State licensing, contact: Florida Department of Business and Professional Regulation Tallahassee, Florida OTHER CONDITIONS Other conditions which may cause rejection of replies include, without limitation, evidence of collusion among Respondents, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts. 6.3 IDENTICAL EVALUATION OF RESPONSES Whenever two or more replies which are equal with respect to price, quality, and service are received, the Department will determine the order of award using the criteria established in 60A-1.011, Florida Administrative Code. The "Drug-Free Workplace Program Certification" can be found as Attachment DISCLOSURE STATEMENT The Disclosure Statement Form (Attachment 3) must be signed and submitted with the reply. 6.5 SUB-CONTRACTING This contract or any portion thereof shall not be sub-contracted without the prior written approval of the Department. No sub-contract shall, under any circumstances, relieve the Contract Vendor of their liability and obligation under this contract; and despite any such sub-contracting the Department shall deal through the Contract Vendor, which shall retain the legal responsibility for performing the Contract Vendor obligations. The Prime Contract Vendor shall report all Minority Subcontractors, identifying the Name, Address, Type of Certification and Dollar Amount on the Utilization Summary form, attached as Attachment 5. A list of subcontractors shall be provided to the Department s contract manager upon execution of the Contract. The Prime Contract Vendor shall submit the Utilization Summary form with each invoice submitted for payment. The form ITN Collection Services for Defaulted Student Loans Page 17

18 must be submitted with all invoices, regardless if funds have not been spent with a Minority Subcontractor for the period covered by the invoice. The Office of Supplier Diversity, Florida Department of Management Services will assist in furnishing names of qualified minorities. The Office of Supplier Diversity can be reached at (850/ ); the Internet Web address is CONTRACTUAL OBLIGATIONS The Department s Contract Standard Terms and Conditions are incorporated in this ITN as Attachment 6 and will govern the relationship between the Contract Vendor and the Department. Reply(ies) submitted by the successful respondent(s) shall be incorporated into the final contract(s). 6.7 METHOD OF PAYMENT Compensation and payment will be made in accordance with the terms and conditions of the contract. 6.8 SUSPENDED VENDOR LIST A company placed on the Suspended Vendor List may not submit a reply or be awarded a contract to provide any goods or services pursuant to Rule 60A Florida Administrative Code. The Suspended Vendor List is published at under the category Business then Doing Business with the State. 6.9 DIVERSITY IN CONTRACTING The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) The State is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the state is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the state s procurement process as both Contractors and subcontractors in this solicitation. Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation. The Respondent shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service-disabled veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at COSTS INCURRED IN RESPONDING This ITN does not commit the Department or any other public agency to pay any costs incurred by the Respondent in the submission of a reply or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services PROHIBITION OF GRATUITIES By submission of a reply, the Respondent certifies that no elected or appointed official or employee of the State of Florida has or will benefit financially or materially from this procurement. Any contract arising from this procurement may be terminated by the Department if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned officials or employees from the Respondent or its agents or employees. ITN Collection Services for Defaulted Student Loans Page 18