RE-ADVERTISEMENT STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES DIVISION OF REAL ESTATE DEVELOPMENT AND MANAGEMENT

Transcription

1 4050 Esplanade Way Tallahassee, Flrida Tel: Fax: Rick Sctt, Gvernr Erin Rck, Secretary RE-ADVERTISEMENT STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES DIVISION OF REAL ESTATE DEVELOPMENT AND MANAGEMENT PUBLIC ANNOUNCEMENT FOR CONTINUING CONTRACTS FOR GUARANTEED ENERGY, WATER AND WASTEWATER PERFORMANCE SAVINGS Nvember 13, 2017 Name: Cntinuing Cntracts fr Guaranteed Energy, Water and Wastewater Perfrmance Savings Lcatin: Statewide Prcurement Officer: Ryan Meikenhus Divisin f Real Estate Develpment and Management Flrida Department f Management Services 4050 Esplanade Way, Suite 315.4Y Tallahassee, FL Ryan.Meikenhus@dms.myflrida.cm Failure t file a prtest within the time prescribed in sectin (3), Flrida Statutes (as altered by subsectin (3)(d)4, Flrida Statutes), r failure t pst the bnd r ther security required by law within the time allwed fr filing a bnd shall cnstitute a waiver f prceedings under Chapter 120, Flrida Statutes. Any prtest must be timely filed with the Department f Management Services Agency Clerk listed at: 1

2 1. Intrductin The State f Flrida, Department f Management Services (Department), Divisin f Real Estate Develpment and Management, requests qualificatins frm guaranteed energy, water and wastewater perfrmance savings firms t prvide services as utlined in sectin , Flrida Statutes, fr the Department s facilities statewide. These services may be used fr prjects anywhere in the State f Flrida. 2. Objective and Gals The Department is seeking t award cntinuing cntracts t firms that have relevant successful experience with analyzing existing cnditins and implementing slutins fr energy, water, cnservatin measures and wastewater efficiency. Selected firms will prvide innvative cnservatin measures and needed infrastructure imprvements t the Department s existing facilities statewide, resulting in substantial energy and carbn reductins. The Department intends t make multiple awards t firms fr cntinuing cntracts. Hwever, the Department reserves the right t award ne firm, multiple firms by gegraphic area, r make n award, whichever is determined t be in the best interest f the state. Once the cntinuing cntracts are established, the Department may then request services and enter int a cntract fr prjects with ne f the selected firms, in accrdance with the prcess described in sectin (4), Flrida Statutes. This advertisement will be administered thrugh the Department s Opprtunities fr Design and Cnstructin website. Firms interested in submitting a respnse must cmply with all terms and cnditins described in this advertisement. 3. Term The term f the cntract will be three years with an ptin t renew in whle r in part fr up t three years. 4. Definitins a. Cnfidential Infrmatin Any prtin f a firm s dcuments, data r recrds disclsed relating t its respnse that the firm claims is cnfidential and nt subject t disclsure pursuant t Chapter 119, Flrida Statutes, the Flrida Cnstitutin, r any ther authrity and is clearly marked Cnfidential. b. Cntinuing Cntract As stated in sectin (1)(g), Flrida Statutes, a cntinuing cntract is a cntract fr prfessinal services entered int in accrdance with all the prcedures f this act between an agency and a firm whereby the firm prvides prfessinal services t the agency fr prjects in which the estimated cnstructin cst f each individual prject under the cntract des nt exceed $2 millin, fr study activity if the fee fr prfessinal services fr each individual study under the cntract des nt exceed $200,000, r fr wrk f a specified nature as utlined in the cntract required by the agency, with the cntract being fr a fixed term r with n time limitatin except that the cntract must prvide a terminatin clause. Firms prviding prfessinal services under cntinuing cntracts shall nt be required t bid against ne anther. c. Department The State f Flrida, Department f Management Services, is referred t in this dcument as the Department. 2

3 d. Firm As stated in sectin (1)(c), Flrida Statutes, Firm means any individual, firm, partnership, crpratin, assciatin, r ther legal entity permitted by law t practice architecture, engineering, r surveying and mapping in the State. e. Respnse the frmal respnse t this Advertisement. f. Selectin Cmmittee A five-persn team that evaluates the respnses t the RFQ. g. State The State f Flrida and its agencies. 5. Special Accmmdatins Any persn requiring a special accmmdatin due t a disability shuld cntact the Department s Americans with Disabilities Act (ADA) Crdinatr at (850) Requests fr accmmdatin fr meetings must be made at least five wrking days prir t the meeting. A persn wh is hearing r speech impaired can cntact the ADA Crdinatr by using the Flrida Relay Service at (800) (TDD). 6. Prcurement Officer The Prcurement Officer is the sle pint f cntact as described in PUR 1001, Sectin 21. Prcurement Officer fr this slicitatin is: Prcurement Officer: Ryan Meikenhus Divisin f Real Estate Develpment and Management Flrida Department f Management Services 4050 Esplanade Way, Suite 315.4Y Tallahassee, FL Ryan.Meikenhus@dms.myflrida.cm ***PLACE THE ADVERTISEMENT NAME IN THE SUBJECT LINE OF ALL S TO THE PROCUREMENT OFFICER*** 7. Advertisement Prcess The advertisement prcess is a methd f determining the qualificatins fr prfessinal services, as defined in sectin (20)(a), Flrida Statutes. Respnses must be received by the deadline listed in the Sectin 8, Timeline f Events. Once the Department has reviewed and evaluated the respnses, the Department will pst its decisin n the Department s Opprtunities fr Design and Cnstructin website. 8. Timeline f Events The table belw cntains the Timeline f Events fr this advertisement. Firms shall becme familiar with the Timeline f Events. The dates and times within the Timeline f Events may be subject t change. It is the firm s respnsibility t check fr any changes. All changes t the Timeline f Events will be made thrugh an addendum t the advertisement n the Department s Opprtunities fr Design and Cnstructin website. Firms are respnsible fr submitting all required dcumentatin by the dates and times (Eastern Time) specified belw. 3

4 TIMELINE OF EVENTS EVENT TIME (ET) EVENT DATE RFQ psted t FAR and Department s Opprtunities fr Design and Cnstructin website. 11/13/2017 Respnses frm Vendrs due. 4:00 PM 11/27/2017 Respnses reviewed fr respnsiveness. 11/28/2017 Respnses evaluated. 12/5/2017 Pst shrtlist results t Department s Opprtunities fr Design and Cnstructin website. 12/6/ hur prtest perid. Ends 12/9/2017 Interview f shrtlisted firms. 12/20/2017 Public meeting fr the Selectin Cmmittee t cnfirm their scres. 12/21/2017 Pst final results t Department s website nly. 12/21/ hur prtest perid. Ends 12/27/2017 Prepare Authrity t Negtiate 12/27/2017 Anticipated cntract start date. 1/1/ Changes t the Advertisement The Department reserves the right t mdify this advertisement by psting n the Department s Opprtunities fr Design and Cnstructin website. It is the respnsibility f the firm t check the Department s Opprtunities fr Design and Cnstructin website fr any changes. 10. Diversity The Department is dedicated t fstering the cntinued develpment and ecnmic grwth f minrity, veteran and wmen wned businesses. Participatin f a diverse grup f firms ding business with the State f Flrida is central t the Department s effrt. T this end, minrity, veteran and wmen wned businesses are encuraged t participate in the state s cmpetitive prcurement prcess as bth cntractrs and subcntractrs. 11. General and Special Instructins This sectin cntains the General Instructins and Special Instructins t firms. The General Instructins t firms is the PUR 1001, 2006 versin, which is incrprated by reference and can be accessed at: ms_references_resurces/purchasing_frms The fllwing Special Instructins are in Sectin 11 f this advertisement. In the event f cnflict between the General Instructins t firms and the Special Instructins, the Special Instructins shall have pririty. Sectins 5, 10, 12, and 13, f the PUR 1001 (General Instructins) are inapplicable Sectins 3 and 9 f the PUR 1001 (General Instructins) are inapplicable and are replaced as fllws: 4

5 Sectin 3. Electrnic Submissin f Respnses Respnses shall be submitted in accrdance with Sectin 14 f this advertisement. Sectin 9. Firm s Representatin and Authrizatin In submitting a respnse, each firm understands, represents and acknwledges the fllwing: The firm is nt currently under suspensin r debarment by the State r any ther gvernmental authrity. T the best f the knwledge f the persn signing the respnse, the firm, its affiliates, subsidiaries, directrs, fficers, and emplyees are nt currently under investigatin by any gvernmental authrity and have nt in the last 10 years been cnvicted r fund liable fr any act prhibited by law in any jurisdictin, invlving cnspiracy r cllusin with respect t bidding n any public cntract. The firm currently has n delinquent bligatins t the State, including a claim by the State fr liquidated damages under any ther cntract. The submissin is made in gd faith and nt pursuant t any agreement r discussin with, r inducement frm, any firm r persn t submit a cmplementary r ther nncmpetitive respnse. The firm has fully infrmed the Department in writing f all cnvictins f the firm, its affiliates (as defined in sectin (1)(a), Flrida Statutes), and all directrs, fficers and emplyees f the firm and its affiliates fr vilatin f state r federal antitrust laws with respect t a public cntract fr vilatin f any state r federal law invlving fraud, bribery, cllusin, cnspiracy r material misrepresentatin with respect t a public cntract. This includes disclsure f the names f current emplyees wh were cnvicted f cntract crimes while in the emply f anther cmpany. Neither the firm nr any persn assciated with it in the capacity f wner, partner, directr, fficer, principal, investigatr, prject directr, manager, auditr, r psitin invlving the administratin f federal funds: Has within the preceding three years been cnvicted f r had a civil judgment rendered against them r is presently indicted fr r therwise criminally r civilly charged fr: cmmissin f fraud r a criminal ffense in cnnectin with btaining, attempting t btain, r perfrming a federal, state, r lcal gvernment transactin r public cntract; vilatin f federal r state antitrust statutes; r cmmissin f embezzlement, theft, frgery, bribery, falsificatin r destructin f recrds, making false statements, r receiving stlen prperty; r Has within a three-year perid preceding this certificatin had ne r mre federal, state, r lcal gvernment cntracts terminated fr cause r default? The prduct ffered by the firm will cnfrm t the specificatins withut exceptin. If an award is made t a firm, the firm agrees that it intends t be legally bund t the cntract that is frmed with the State. 5

6 The firm has made a diligent inquiry f its emplyees and agents respnsible fr preparing, apprving, r submitting the respnse, and has been advised by each f them that he r she has nt participated in any cmmunicatin, cnsultatin, discussin, agreement, cllusin, act r ther cnduct incnsistent with any f the statements and representatins made in the respnse. The firm shall indemnify, defend, and hld harmless the Department and its emplyees against any cst, damage, r expense which may be incurred r be caused by any errr in the firm s preparatin f its respnse. All infrmatin prvided by, and representatins made by, the firm are material and imprtant and will be relied upn by the Department in awarding a cntract. Any misstatement shall be treated as fraudulent cncealment frm the Department f the true facts relating t submissin f the respnse. A misrepresentatin shall be punishable under law, including, but nt limited t, Chapter 817, Flrida Statutes. 12. MyFlridaMarketPlace (MFMP) Registratin The awarded firm(s), if any, must have cmpleted this prcess prir t cntract executin. Fr additinal infrmatin, please visit: Flrida Substitute Frm W-9 Prcess State f Flrida vendrs must register and cmplete an electrnic Flrida Substitute Frm W- 9. The Internal Revenue Service (IRS) receives and validates the infrmatin vendrs prvide n the Frm W-9. Fr instructins n hw t cmplete the Flrida Substitute Frm W-9, please visit: The awarded firm(s), if any, must have cmpleted this prcess prir t cntract executin. 14. Hw t Submit a Respnse Submit the respnse in a prperly marked, sealed bx(es) cntaining the fllwing: Five unredacted bund paper cpies; One scanned cpy f the entire respnse in Adbe (.pdf) n a thumb drive. Large files shuld be scanned as separate files. All electrnic dcuments are t be searchable t the fullest extent practicable. Paper and electrnic cpies f respnses are t cnsist f identical infrmatin. In the event f a cnflict between the cpies, the riginal paper respnse cntrls. Sealed respnses are t be clearly marked n the utside f the package with the advertisement name, cmpany name and Prcurement Officer Name. Respnses shall be submitted t the address listed in Sectin 6, als listed belw: Ryan Meikenhus Divisin f Real Estate Develpment and Management Flrida Department f Management Services 4050 Esplanade Way, Suite 315.4Y Tallahassee, FL

7 Respnses shuld be prepared simply and ecnmically, prviding a straightfrward, cncise delineatin f the firm s capabilities t satisfy the requirements f this advertisement. The emphasis f each respnse shuld be n cmpleteness and clarity f cntent. Firms are respnsible fr submitting their respnses by the date and time specified in Sectin 8, Timeline f Events f this advertisement. A respnse must demnstrate, within the Department s sle discretin that the firm is respnsible and meets the respnsiveness requirements in the advertisement in rder t be cnsidered fr an award. The Department reserves the right t waive any minr irregularity, technicality, r missin if the Department determines that ding s will serve the best interest f the State. 15. Cntents f Respnses Respnses are t be rganized in sectins as directed belw. Firms are t cmplete each sectin entirely r the firm may be deemed nn-respnsive. The Department reserves the right t waive any minr irregularity, technicality r missin if the Department determines that ding s will serve the best interest f the State. The firm shall rganize its respnse as fllws: Tab 1 A letter f interest detailing the qualificatins, relevant experience and ability t prvide the services requested r similar services, pursuant t sectin (3)(d), Flrida Statutes. Tab 2 Prfessinal Qualificatins Supplement (PQS). Must enter billable staff within the ffice address listed in Item 2 f the frm, and whether r nt the firm has current r previus State f Flrida Agency wrk. (Frms attached) Tab 3 A cpy f the firm's current license frm the Flrida Department f Business and Prfessinal Regulatin. Tab 4 Fr Crpratins nly: If the firm ffering services is a crpratin, it must be prperly registered with the Flrida Department f State t practice its prfessin in Flrida and must prvide a cpy f the firm s current Flrida Crprate Registratin. Tab 5 Cmpleted Federal GSA Standard Frm 330 (Revised 8/2016). dwnladed at (This Frm may be RESPONSE DUE DATE: Respnses must be received by the Department in accrdance with the dcument delivery instructins, n r befre Nvember 27, 2017, by 4:00 p.m., Eastern Standard Time. 16. Respnse Disqualificatin Respnses that d nt meet all requirements, specificatins, terms and cnditins f the advertisement r failure t prvide all required infrmatin, dcuments r materials may be rejected as nn-respnsive. Respnses that cntain prvisins that are cntrary t the requirements f the advertisement are nt permitted. A firm whse respnse, past perfrmance r current status d nt reflect the capability, integrity r reliability t fully and in gd faith perfrm the requirements f this advertisement may be rejected as nn-respnsive. 7

8 The Department reserves the right t determine which respnses meet the requirements f this advertisement and which firms are respnsive and respnsible. 17. Public Recrds and Firm s Cnfidential Infrmatin a. Public Recrds All electrnic and written cmmunicatins pertaining t this advertisement, whether sent frm r received by the Department, are subject t Flrida s public recrds law, Chapter 119, Flrida Statutes. Subsectin d. belw, addresses the submissin f trade secret and ther infrmatin exempted frm public inspectin. b. Respnses are Public Recrds All materials submitted as part f a respnse t this advertisement will be a public recrd subject t the prvisins f Chapter 119, Flrida Statutes. Selectin r rejectin f a respnse des nt affect the public recrd status f the materials. c. Respnses will be Subject t Public Inspectin Unless exempted by law, all public recrds are subject t public inspectin and cpying under Flrida s public recrds law, Chapter 119, Flrida Statutes. A time-limited exemptin frm public inspectin is prvided fr the cntents f respnses pursuant t sectin (1)(b), Flrida Statutes. Once that exemptin expires, all cntents f replies becme subject t public inspectin unless anther exemptin applies. Any claim f trade secret exemptin fr any infrmatin cntained in firm s respnse will be waived upn submissin f the respnse t the Department, unless the claimed trade secret infrmatin is submitted in accrdance with subsectin d. This waiver includes any infrmatin included in the firm s respnse utside f the separately bund dcument described belw. d. Hw t Claim Trade Secret r Other Exemptins If a firm cnsiders any prtin f its dcuments, data, r recrds submitted t the Department t be trade secret r therwise exempt frm public inspectin r disclsure pursuant t Flrida s Public Recrds Law, the firm must submit all such infrmatin as a separately bund, unredacted dcument clearly labeled Attachment t Request fr Respnses, Number Exempt Material, tgether with a brief written descriptin f the grunds fr claiming exemptin frm the public recrds law, including the specific statutry citatin fr such exemptin. The firm must als simultaneusly prvide the Department with a separate, electrnic redacted cpy f its respnse. The file name f the electrnic redacted cpy shall cntain the name f firm, the advertisement number, and redacted cpy (e.g., Firm Name Department Advertisement _redacted cpy.pdf). The first page f the electrnic redacted cpy and each page n which infrmatin is redacted shall prminently display the phrase Redacted Cpy. This submissin must be made n later than the respnse submittal deadline. Where such infrmatin is part f material already required t be submitted as a separately bund r enclsed prtin f the respnse, it shall be further segregated and separately bund r enclsed and clearly labeled as set frth abve in additin t any ther labeling required fr the material. e. Public Recrds Request If the firm fails t mark any materials submitted t the Department as exempt and failed t submit a redacted cpy as prvided in this sectin, the firm waives the exemptin, and the 8

9 Department may prduce all f the firm s dcuments, data r recrds t any persn requesting a cpy under Chapter 119, Flrida Statutes. The firm exclusively bears the burden f cmplying with subsectin d. t ensure its exempt infrmatin is apprpriately marked. f. Department Nt Obligated t Defend Firm s Claims The Department is nt bligated t agree with a firm s claim f exemptin and, by submitting a respnse, the firm agrees t defend its claim that each and every prtin f the redactins is exempt frm inspectin and cpying under Flrida s Public Recrds Law. Further, by submitting a respnse, the firm agrees t prtect, defend, indemnify and hld harmless the Department fr any and all claims and litigatin (including litigatin initiated by the Department), including attrney s fees and csts, arising frm r in any way relating t the firm s assertin that the redacted prtins f its respnse are trade secrets r therwise exempt frm public disclsure under Chapter 119, Flrida Statutes. 18. Selectin Methdlgy and Basis f Award Evaluatins The Department s evaluatin f respnses will include determining which firms are cnsidered t be reasnably susceptible f award and eligible fr inclusin in the interviews. The Department will review and evaluate respnsive respnses using the criteria listed belw: a) Lcatin t Prpsed Prject b) Previus Cntracts fr State f Flrida Agencies c) Current Wrklad d) Wrk Experience a. Prven implemented slutins fr energy, water and wastewater efficiency, and cnservatin measures. e) Ability t Perfrm Cntract Delivery a. Ability f prfessinal persnnel. The evaluatr s scres will be ttaled. Interviews The Selectin Cmmittee will cnduct interviews with, and may require public presentatins by, n fewer than three firms regarding their qualificatins, apprach t the prject, and ability t furnish the required services. The list f firms selected fr interview by the Selectin Cmmittee will be psted n the Department s website at Each firm will be ntified by f the date and time f its interview/presentatin. All interviews will be held at the fllwing address: Department f Management Services Divisin f Real Estate Develpment and Management 4050 Esplanade Way, Tallahassee, Flrida The Selectin Cmmittee will scre n the fllwing criteria: a) Past Perfrmance References b) Understanding Analysis Requirements c) Implementatin Apprach. 9

10 Interviews between the Department and firms are temprarily exempted frm Chapter 286, Flrida Statutes. The Department will recrd all meetings f the Selectin Cmmittee, as required by law, and such recrdings will eventually becme public recrd pursuant t Chapter 286, Flrida Statutes. During interviews, firms must infrm the Department if any prtin f the meetings shuld be cnsidered exempt because f discussins f trade secrets s that the Department can make apprpriate arrangements fr the segregatin f the recrding. Basis f Award The Department reserves the right t award as determined t be in the best interest f the state and t accept r reject any and all respnses r separable prtins and t waive any minr irregularity if the Department determines that ding s will serve the best interest f the state. An irregularity is nt material and therefre, minr, when it des nt give the firm a substantial advantage ver ther firms and thereby restrict r stifle cmpetitin. Award Selectin The award fr a cntinuing cntract will be made t the firms the Selectin Cmmittee selected that are fully qualified t render the required service. Selectin Cmmittee Recmmendatins The scres frm evaluatins will nt carry ver int the interview scring, and the Selectin Cmmittee will nt be bund by thse scres. The Selectin Cmmittee will frward its recmmendatin t the Secretary f the Department r his/her designee fr review. Secretary f the Department s Apprval The Secretary f the Department r his/her designee will make the final decisin t apprve r reject the recmmendatin f the Selectin Cmmittee team. Agency Decisin Official ntice f final selectin results will be by electrnic psting n the Department s website at Failure t file a prtest within the time prescribed in sectin (3), Flrida Statutes, shall cnstitute a waiver f prceedings under Chapter 120, Flrida Statutes. 19. Prtest f Agency Decisins Any Firm desiring t prtest a decisin, intended decisin, r ther actin subject t prtest regarding this slicitatin, shall file a frmal written prtest with the Agency Clerk, Department f Management Services, 4050 Esplanade Way, Tallahassee, Flrida, 32399, within 72 hurs after receipt f ntice f the decisin, intended decisin, r ther actin, in accrdance with sectin (3)(d)4, Flrida Statutes. Please cpy the Prcurement Officer n such filings. When prtesting a decisin r intended decisin (including a prtest f the terms, cnditins and specificatins f the slicitatin), the prtestr must pst a bnd with the frmal prtest that is equal t 1 percent f the Department s estimated cntract amunt. The estimated cntract amunt is nt subject t prtest. 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 10

11 LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. 11