INVITATION TO BID ITB # SNR1112FS01

Transcription

1 INVITATION TO BID ITB # SNR1112FS01 Service of Process FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Southern Region Circuits 11 & 16 Miami-Dade and Monroe Counties Posting Date: April 15, 2011 MAIL OR DELIVER BIDS TO: Debra A. Kuhn Contract Management Administrator Department of Children and Families 401 NW 2 nd Avenue, Suite S-923 Miami, FL SERVICE OF PROCESS 1 ITB #SNR1112FS01

2 INVITATION TO BID ITB# SNR1112FS01 Service of Process TITLE TABLE OF CONTENTS PAGE SECTION A. INTRODUCTION 1. Statement of Need Statement of Purpose Term of Agreement Schedule of Events and Deadlines Definitions... 6 SECTION B. ITB PROCESS 1. Contact Person Posting Vendor Disqualification Limitations on Contacting Department Personnel Prohibition of Gratuities Information Regarding Addenda to this ITB Solicitation Conference Inquiries Withdrawal of Bids Acceptance/Rejection of Bid Notice of Intent to Award a Contract Sureties Bid Guarantee Sureties Performance Bond Protest and Disputes SECTION C. MINIMUM PROGRAM REQUIREMENTS 1. General Statement Programmatic Authority Scope of Service Major Program Goals Client General Description Client Eligibility Client Determination Client Contract Limits Task List Task Limits Staffing Levels SERVICE OF PROCESS 2 ITB #SNR1112FS01

3 12. Professional Qualifications Staffing Changes Subcontractors Service Delivery Location Service Times Change in Location Equipment Service Unit Records and Documentation Reports Performance Measures Description of Performance Measurement Terms Performance Evaluation Methodology Vendor Unique Activities Coordination with Other Vendors/Entities Department Obligations Department Determinations Monitoring Requirements SECTION D. FINANCIAL SPECIFICATIONS 1. Funding Source Invoicing and Payment of Invoices Cost Bid MyFloridaMarketPlace Transaction Fee SECTION E. INSTRUCTIONS TO VENDORS 1. Vendor Registration in MyFloridaMarketPlace Authority to do Business in Florida General Instruction to Respondents PUR Title Page Required Vendor s Statement or Certifications Signature Authority Trade Secrets Cost of Preparation of Bid Number of Copies Required How to Submit A Bid Other Required Information SECTION F. BID RATING AND BID TABULATION SHEET 1. Description of Rating Criteria Identical or Tie Responses ITB Tabulation Methodology SERVICE OF PROCESS 3 ITB #SNR1112FS01

4 SECTION G. CONTRACT PROVISIONS 1. Standard Contract or List of Required Contract Provisions Attachment I Audit Attachment General Contract Conditions, PUR APPENDICIES APPENDIX I Financial Cost Proposal APPENDIX II Standard Contract APPENDIX III Attachment I APPENDIX IV Financial and Compliance Audit APPENDIX V Required Certifications APPENDIX VI Certification Regarding Debarment APPENDIX VII Certification Regarding Lobbying APPENDIX VIII Evaluation Manual SERVICE OF PROCESS 4 ITB #SNR1112FS01

5 INVITATION TO BID ITB# SNR1112FS01 SERVICE OF PROCESS SECTION A - INTRODUCTION 1. Statement of Need The Florida Department of Children and Families (DCF), Circuits 11 and 16, are in need of procuring Service of Process services for pick-up of Subpoenas, Summons, Termination of Parental Rights Notices and any other required legal documentation from the DCF s Southern Region Child Legal Services office and deliver to various locations in Miami- Dade, Broward and Monroe Counties, the State of Florida, or within the 48 contiguous states of the United States as identified by the department. 2. Statement of Purpose To procure Service of Process services for DCF s Southern Region to ensure timely pickup and delivery of legal documents. The Department of Children & Families, Circuits 11 and 16, is requesting bids for the provision of these services in Miami-Dade, Monroe and Broward Counties, the State of Florida, and within the 48 contiguous states of the United States. 3. Term of Agreement The initial term of any contract resulting from this Invitation to Bid is anticipated to be July 1, 2011 through June 30, The resulting contract may be renewed for one term not to exceed three years or for the term of the original contract, whichever period is longer. Such renewal shall be contingent upon satisfactory performance evaluations as determined by the department and be subject to the availability of funds. Any renewal shall be in writing and shall be subject to the same terms and conditions as set forth in the initial contract and the rate shall be based upon the Bid Price Sheet which was submitted with the response to the original bid document. 4. Schedule of Events and Deadlines The following schedule of events and deadlines are imposed on prospective vendors. Failure to adhere to the due dates in the Schedule of Events and Deadlines may render a proposal unresponsive and disqualify it from further consideration. All times are listed as local time in Miami-Dade. SERVICE OF PROCESS 5 ITB #SNR1112FS01

6 ACTIVITY DUE DATE TIME ADDRESS ITB Advertised and Released Deadline for Submission of Inquiries Deadline for Responses to Inquiries Deadline for all Sealed Bids April 15, 2011 April 27, 2011 April 29, 2011 May 9, :00 PM 10:00 AM 5:00 PM 12:00 PM Open Bids May 9, :01 PM Bid Tabulation May 9, :30 PM Notice of Intent to Award Posting Anticipated Effective Date of Contract May 10, 2011 July 1, :00 PM N/A Electronic Posting Site w.main_menu Debra A. Kuhn Contract Management Administrator 401 NW 2 nd Avenue, S-923 Miami, FL debra_kuhn@dcf.state.fl.us Electronic Posting Site w.main_menu Debra A. Kuhn Contract Management Administrator 401 NW 2 nd Avenue, S-923 Miami, FL debra_kuhn@dcf.state.fl.us Debra A. Kuhn Contract Management Administrator 401 NW 2 nd Avenue, S-923 Miami, FL debra_kuhn@dcf.state.fl.us Debra A. Kuhn Contract Management Administrator 401 NW 2 nd Avenue, S-923 Miami, FL debra_kuhn@dcf.state.fl.us Electronic Posting Site w.main_menu N/A Note: Any proposal submitted after 12:00 PM, local time, Monday, May 9, 2011, will be returned unopened. The department will retain one unopened time stamped copy of each late bid received for its records. The official clock of record will be the time/date stamp located in the reception area of: 401 NW 2 nd Avenue, S-923, Miami, FL that is calibrated to Coordinated Universal time (UTC)( 5. Definitions a. Contract Terms Contract terms used in this document can be found in the Florida Department of Children and Families Glossary of Contract Terms, which is incorporated herein by reference and is available upon request from the procurement manager. b. Program or Service Specific Terms 1) Bundled Service: When two (2) or more service of process documents are completed or attempted to be completed at the same address, this is considered SERVICE OF PROCESS 6 ITB #SNR1112FS01

7 bundled service and the provider shall bill at the bundled rate as indicated on the Bid Price Sheet included in Appendix I. 2) Free Skip Trace: Information software which allows provider to locate persons being served. 3) Personal Service: Face to face service of process from the provider to the hand of the client being served. 4) Real Time: Program on providers webpage which allows attorney s and paralegals to view status update on documents to be served. SECTION B ITB PROCESS 1. Contact Person This ITB is being issued by the State of Florida, Department of Children and Families Southern Region, Circuits 11 and 16. The sole point of contact for all communication for this ITB is: Debra A. Kuhn, Procurement Manager Department of Children and Families 401 NW 2 nd Avenue, Suite S-923 Miami, Florida debra_kuhn@dcf.state.fl.us TO ENSURE PROPER DELIVERY OF BIDS OR WRITTEN INQUIRIES, ALL U.S. POSTAL SERVICE OR OTHER COMMON COURIER MAIL MUST BE CLEARLY LABELED WITH ALL OF THE ABOVE IDENTIFYING INFORMATION. 2. Posting All notices, decisions and intended decisions and other matters relating to the procurement will be electronically posted on the MyFlorida.com Vendor Bid System website at: The department reserves the right to amend, modify, supplement or clarify this ITB at any time in its sole discretion. The electronic posting on the MyFlorida.com website is the official posting. It is the responsibility of interested vendors to check the MyFlorida.com Vendor Bid System website for the following: a. Changes to the solicitation b. Other documents referenced by the solicitation SERVICE OF PROCESS 7 ITB #SNR1112FS01

8 c. Responses to written inquiries d. Notice of Intent to Award The posting will remain for 72 hours after it is posted. The department may also post the evaluation and the Notice of Intended Award or other information or notice relating to the procurement at the following location: Department of Children and Families- Southern Region 401 N.W. 2 nd Avenue Suite S-923 Miami, Florida Notice is specifically given, however, that this secondary posting is not an official posting and that any protest must be filed within 72 hours of the official posting on the internet as described above. Physical posting will not extend the time permitted within which to file a protest. It is the responsibility of those submitting a reply to the solicitation to obtain the results from the internet posting in sufficient time to protect their own interests should they care to do so. Likewise, any faxed information with regard to the results of this procurement will not extend the time limits set out in subsection (3), F.S. The electronic posting on the MyFlorida.com website is the official posting. NO HARD COPIES WILL BE PROVIDED. THE PROSPECTIVE VENDOR MUST OBTAIN THE SOLICITATION DOCUMENT FROM THE VENDOR BID SYSTEM ON THE MYFLORIDA.COM WEBSITE LISTED BELOW: 3. Vendor Disqualification Failure to have performed any contractual obligation with the department in a manner satisfactory to the department will be sufficient cause for disqualification as a vendor. To be disqualified as a vendor under this provision, the vendor must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the department; or (2) had a contract terminated by the department for cause. 4. Limitations on Contacting Departmental Personnel a. 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 as provided in the solicitation documents. SERVICE OF PROCESS 8 ITB #SNR1112FS01

9 b. Violation of the provisions of Section B.4.a. of this ITB may be grounds for rejecting a reply. A violation of Section B.4.a. of this ITB that occurs by a written communication by or on behalf of a prospective vendor shall not be determined to be anticompetitive if it is not opened, read, or acted upon by any department personnel, in which case the department may, but shall not be required to, reject the reply from the prospective vendor on whose behalf the prohibited contact was made. A violation of Section B.4.a. of this ITB that occurs by an oral communication by or on behalf of a prospective vendor shall not be determined to be anticompetitive if at the time of the prohibited communication the department personnel contacted advises the offender that the department personnel contacted may not take or receive the communication or discuss the matter and it is not acted upon by any department personnel, in which case the department may, but shall not be required to, reject the reply from the prospective vendor on whose behalf the prohibited contact was made. c. All written communications as referred to in this Section B.4. are subject to the public records law. 5. Prohibition of Gratuities By submission of a bid, a vendor certifies that no elected official or employee of the State of Florida has or shall benefit financially or materially from such bid or subsequent contract in violation of the provision of Chapter 112, F.S. Any contract issued as a result of this ITB may be terminated if it is determined that gratuities of any kind were either offered or received by any of the aforementioned parties. 6. Information Regarding Addenda to this ITB Information regarding any addenda to this ITB and copies of written official departmental responses to questions submitted will be electronically posted on the Department of Management Services Florida Community Network (FCN) Vendor Bid System at the following web site: It is the vendor s exclusive responsibility to access the initial ITB document and all updates posted. 7. Solicitation Conference Not applicable to this ITB. 8. Inquiries All inquiries from vendors shall be submitted in writing to the procurement manager listed below and received on or before the date and time specified in Section A.4. Schedule of Events and Deadlines. Only written inquiries may be submitted. Phone calls and faxes are not permitted. Written inquiries may be submitted either by hand delivery, SERVICE OF PROCESS 9 ITB #SNR1112FS01

10 courier, U.S. Postal Service or via to the procurement manager. All written inquiries must be received by 10:00 AM on Wednesday, April 27, 2011 and sent to: Debra A. Kuhn, Procurement Manager Department of Children and Families 401 NW 2 nd Avenue, Suite S-923 Miami, Florida debra_kuhn@dcf.state.fl.us If inquiries are submitted by a potential vendor, the department will respond with an indicating that the inquiry has been received and the response will be posted according to Section A.4. Schedule of Events and Deadlines. If the prospective vendor does not receive confirmation within 48 hours that their has been received, it is strongly advised that the proposed vendor resubmit the . Copies of the responses to all inquiries and clarifications and/or addenda if made to the ITB, will be made available by Friday, April 29, 2011 through electronic posting at the following web site: Only responses electronically posted on the MyFlorida.com Vendor Bid System website shall be considered an official response from the department. TO ENSURE PROPER DELIVERY OF BIDS AND INQUIRIES, ALL U.S. POSTAL SERVICE OR OTHER COMMON COURIER MAIL MUST BE CLEARLY LABELED WITH THE IDENTIFYING INFORMATION AS OUTLINED IN THIS ITB TO INCLUDE THE BID NUMBER AND AGENCY CONTACT INFORMATION AS OUTLINED IN SECTION B.1 OF THIS ITB. 9. Withdrawal of Bids A written request for withdrawal, signed by the vendor, may be considered if received by the department within 72 hours after the bid opening time and date indicated in Section A.4 Schedule of Events and Deadlines. A request received in accordance with this provision may be granted by the department upon proof of the impossibility to perform based upon an obvious error on the part of the vendor. 10. Acceptance/Rejection of Bid a. Bid Deadline Hard copies of the bids must be received by the Procurement Manager no later than 12:00 PM, Monday, May 9, 2011 to the attention of: Debra A. Kuhn, Procurement Manager Department of Children and Families SERVICE OF PROCESS 10 ITB #SNR1112FS01

11 401 NW 2 nd Avenue, Suite S-923 Miami, Florida Any bid submitted shall remain a valid offer for at least 90 days after the bid submission date. No changes, modifications, or additions to the bids submitted after the deadline for bid opening has passed will be accepted by or be binding on the department. b. Receipt Statement Bids not received by the Procurement manager at the specified place and by the specified date and time will be rejected as non-responsive and returned unopened to the vendor by the department. The department will retain one (1) unopened original for use in the event of a dispute. c. Right to Reject or to Waive Minor Irregularities Statement The department reserves the right to reject any and all bids or to waive minor irregularities when to do so would be in the best interest of the State of Florida. Minor irregularity is defined as a variation from the Invitation to Bid terms and conditions, which does not affect the price of the bid, or give the vendor an advantage or benefit not enjoyed by other vendors, or does not adversely impact the interest of the department. At its option, the department may correct minor irregularities but is under no obligation to do so whatsoever. All bids accepted by the department are subject to the department s terms and conditions and any and all additional terms and conditions submitted by the vendor are rejected and shall have no force and effect. The department reserves the right to reject any and all bids or to withdraw the ITB even after an award, when to do so would be in the best interest of the State of Florida. 11. Notice of Intent to Award The Notice of Intent to Award the Contract will be posted electronically at 5:00 PM, Tuesday, May 10, 2011 on the MyFlorida.com Vendor Bid System website at: The department reserves the right to post the intended award prior to the time and date specified in Section A.4, if determined necessary for the successful completion of this procurement. The Notice of Intent to Award will be electronically posted for seventy-two (72) hours (three working days excluding Saturday, Sunday and state holidays). If no written notice of protest is filed during this posting, the intended contract award will become final. A completed Tabulation Form, PUR 7004, located in Appendix VIII, will be used for this purpose. Any protest must be filed within 72 hours of the posting on the internet as described above. It is the responsibility of those submitting a response to the solicitation to obtain the results from the Internet posting in sufficient time to protect their own interests should they care to SERVICE OF PROCESS 11 ITB #SNR1112FS01

12 do so. Likewise, any faxed information with regard to the results of this procurement will not extent the time limits set out in section (3), Florida Statutes. 12. Sureties Bid Guarantee Not applicable to this ITB. 13. Sureties Performance Bond Not applicable to this ITB. 14. Protests and Disputes Any person who is adversely affected by the decision or intended decision made by the department pursuant to this solicitation shall file with the department a notice of protest in writing within 72 hours (Saturdays, Sundays and state holidays excluded) after the posting of the notice of decision, or intended decision. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. With respect to a protest of the terms, conditions, and specifications contained in this solicitation, including any provisions governing the methods for ranking bids, 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 (Saturdays, Sundays and state holidays excluded) after the posting of the solicitation. For purposes of this provision, the term the solicitation includes any addendum, response to written questions, clarification or other document concerning the terms, conditions, or specifications of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. When protesting a decision or intended decision (including a protest of the terms, conditions and specifications contained in this solicitation), the protestor must post a bond equal to one percent (1%) of the department's estimated contract amount. The estimated contract amount shall be based upon the contract price submitted by the protestor. If no contract price was submitted, the department shall provide the estimated contract amount to the protestor within 72 hours (excluding Saturdays, Sundays and state holidays) after the notice of protest has been filed. The estimated contract amount is not subject to protest pursuant to s (3) F.S. The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which action is brought and in any subsequent appellate court proceeding. FAILURE TO FILE THE PROPER BOND AT THE TIME OF FILING THE FORMAL PROTEST WILL RESULT IN A REJECTION OF THE PROTEST. In lieu of a bond the department may accept a cashier's check, official bank check, or money order in the amount of the bond. A notice of protest, formal protest and bond are "filed," when received by the contact person listed in this solicitation. Filing may be achieved by hand-delivery, courier, US Mail or facsimile transfer. Filing by will not be accepted. All methods of delivery or SERVICE OF PROCESS 12 ITB #SNR1112FS01

13 transmittal to the department's contact person shall remain the responsibility of the protestor and the risk of non-receipt or delayed receipt shall be upon the protestor. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN S (3), F.S., OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, F.S. SECTION C - MINIMUM PROGRAMMATIC REQUIREMENTS 1. General Statement The successful vendor will provide daily (Monday - Friday) pick-up of Subpoenas, Summons, Termination of Parental Rights Notices and any other required legal documentation from the DCF s Southern Region Child Legal Services office and deliver to various locations in Miami-Dade, Broward and Monroe Counties, the State of Florida, or within the 48 contiguous states of the United States as identified by the Department. 2. Programmatic Authority The successful vendor must comply with all applicable Federal and state laws, regulations, action transmittals, program instructions, review guides and similar documentation. The authority to conduct this solicitation is provided in the following references: a. 45 CFR, part 80, Non-discrimination Under programs Receiving Federal Financial Assistance through the Department of Health and Human Services Effectuation of Title VI of the Civil Rights Act of b. 45 CFR, Part 84, Non-discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance (Section 504 of Title V of the Rehabilitation Act of 1973, as amended). c. 28 CFR, Part 35, provides for nondiscrimination on the basis of disability in state and local government services and implements, Titles I and II of the Americans with Disabilities Act of d. Sections , and , Florida Statutes (2005). 3. Scope of Service The vendor will provide Service of Process services for the Department of Children and Families Southern Region. 4. Major Program Goals The primary goal of this service is to provide timely pick-up and delivery of legal documents. SERVICE OF PROCESS 13 ITB #SNR1112FS01

14 5. Client General Description N/A 6. Client Eligibility N/A 7. Client Determination N/A 8. Contract Limits Services shall be delivered only to those individuals authorized by the department s Child Legal Services or Regional Legal Counsel s staff, and only to the extent that funds are available. 9. Task List The successful vendor will be responsible for: a. Providing proof of compliance with Florida Statute, Chapter 48 and submitting yearly renewals of authorization to serve legal documents. Proof of compliance will be submitted annually by July 15, to the contract manager. b. Submitting a duly executed Affidavit of Service on every legal document to be served (i.e. subpoenas, summons, termination of parental rights petitions etc.) This affidavit of service must be received by the Department of Children and Families and filed with the appropriate Clerk of Court within two (2) days of service or prior to the date of the court hearing specified on the document. A facsimile copy will be accepted in lieu of the original only for the attorney to review prior to going to court. A facsimile copy is not legally sufficient for acceptance as proof of service. Non receipt of an Affidavit of Service prior to a court hearing will be grounds for non-payment. If the contractor is unable to produce the Affidavit of Service prior to the Court hearing, the process server must notify the department immediately and be present to testify at the hearing regarding said Affidavit of Service. c. Drivers, vehicles, gasoline and maintenance of vehicles. d. On-call service five (5) days a week (Monday Friday, State Legal Holidays excluded) throughout the duration of the contract. On-call means that in the event that a secretary or paralegal calls for pick up of documents or with any other inquiry, the server will have SERVICE OF PROCESS 14 ITB #SNR1112FS01

15 to respond in a timely manner (within 1 3 hours) to ensure that service of process is done appropriately. e. Providing up-to-the-minute status reports on all outstanding assignments and completed cases. f. Providing expeditious service. g. Providing the department access of Real-Time status via internet. h. Providing an unlimited amount of attempts of service. i. Providing Free Skip Trace. j. Providing notification containing all affidavits to the requesting secretary or paralegal. k. Providing services throughout the 48 contiguous United States and Alaska and Hawaii. l. Transporting each document received to the server by any practicable means. The vendor shall select the method that will permit timely service of the document. In choosing the method, the vendor shall make every reasonable effort to utilize the least expensive method. m. Ensuring that the server, in cases where service cannot be achieved at the first address provided, will attempt to locate and promptly serve in accordance with Florida Statute. If, based upon the respective actions date of a document, time remains to extend location services efforts, the vendor shall contact the department for additional instructions. If the server is unsuccessful in his/her service efforts, the document will be returned as a non-service and will be charged as if service had been completed. n. Providing services necessary to locate persons to be served if the department is unable to secure a valid address for the person and the department requests the assistance. o. Ensuring that the individual who served process or attempts service (server) will testify at the court proceedings relating to services or attempted service when the service of process, through summons, subpoenas or other legal documents are an issue at any court proceeding. p. Complying with Florida Statutes for all summonses with attached petitions and / or other complaints. q. Notifying the department immediately if the vendor is unable to produce the Affidavit of Service prior to the court hearing and/or be present to testify at the hearing regarding said affidavit of service. Non-receipt of an Affidavit of Service prior to a court hearing SERVICE OF PROCESS 15 ITB #SNR1112FS01

16 will be grounds for non-payment if non-receipt is a result of the provider s failure to comply. r. Contacting and instructing all servers to return any documents should the department choose to discontinue service efforts. The vendor shall ensure that each server returns all documents by a reasonable transportation method. Any service which has been attempted shall be charged as if it had not been cancelled. 10. Task Limits The successful vendor is not authorized by the department to perform any tasks related to the project other than those described in the Task List without the express written consent of the department. 11. Staffing Levels Each vendor shall include its proposed staffing for technical, administrative, and clerical support. The successful vendor shall maintain an adequate administrative organizational structure and support staff sufficient to discharge its contractual responsibilities. In the event the department determines that the successful vendor s staffing levels do not conform to those promised in the bid, it shall advise the successful vendor in writing and the successful vendor shall have 30 days to remedy the identified staffing deficiencies. Any employee whose continued presence would be detrimental to the success of the project as determined by the department shall be replaced by the vendor with an employee of equal or superior qualifications. The department s contract manager will exercise exclusive judgment in this matter. 12. Professional Qualifications The successful vendor shall maintain and make available upon request, documentation that confirms that all employees performing services under the resulting contract meet the minimum qualifications, as specified in this document and evidence of the same is maintained in individual personnel files as: a. Have a valid State of Florida Driver s License. b. Be a properly registered Corporation in the State of Florida and be bonded. c. Must be duly certified as a Process Server by the Clerk of the Circuit Courts in Miami-Dade, Monroe and Broward Counties. 13. Staffing Changes The successful vendor shall staff the project with key personnel identified in the vendor s bid, which are considered be essential to this project. Prior to substituting any of the proposed individuals the vendor shall notify and obtain written approval from the SERVICE OF PROCESS 16 ITB #SNR1112FS01

17 department of the proposed substitution. Written justification should include documentation of the circumstances requiring the changes and a list of the proposed substitutions in sufficient detail to permit evaluation of the impact on the project. The department, at its discretion, may agree to accept personnel of equal or superior qualifications in the event that circumstances necessitate the replacement of previously assigned personnel. Any substitution shall be made only after consultation with the Contract Manager s supervisor. 14. Subcontractors This contract does not allow the provider to subcontract for the provision of any services under this contract. 15. Service Delivery Location Department of Children and Families Child Legal Services 401 NW 2 nd Avenue, South 5 th Floor Miami, Florida (and other locations as requested by the department) 16. Service Times a. Monday Friday (8:00 AM 5:00 PM) b. The successful vendor must notify the resulting contract s contract manager, within 24 hours via telephone, of any changes to its office hours, telephone or facsimile numbers, to be followed by written notification within 7 days of any such occurrence. In the event of a natural or unnatural disaster, the department may waive this requirement. 17. Changes in Location The successful vendor shall notify the department in writing a minimum of 15 days prior to making changes in location that will affect the department s ability to contact the successful vendor by phone or facsimile transmission. In the event of an emergency, temporary changes in location may necessitate a waiver of this designated standard by the department. 18. Equipment The selected vendor will be responsible for supplying, at its own expense, all equipment necessary to perform under, conduct and complete the contract including but not limited to computers, telephones, copiers and fax machines including supplies and maintenance, as well as needed office supplies. SERVICE OF PROCESS 17 ITB #SNR1112FS01

18 19. Service Unit A unit of service consists of a duly executed Affidavit of Service on a legal document to be served. 20. Records and Documentation The successful vendor agrees to maintain the confidentiality of all records required by law or administrative rule to be protected from disclosure. The successful vendor further agrees to hold the department harmless from any claim or damage including reasonable attorney s fees and costs or from any fine or penalty imposed as a result of an improper disclosure by the successful vendor of confidential records whether public records or not and promises to defend the department against the same at its expense. The successful vendor shall maintain all records required to be maintained pursuant to the resulting contract in such a manner as to be accessible by the department upon demand. Where required by applicable law, access by the public shall be permitted without delay. 21. Reports Where the resulting contract requires the delivery of reports to the department, mere receipt by the department shall not be construed to mean or imply acceptance of those reports. It is specifically intended by the parties that acceptance of required reports shall require a separate act in writing. The department reserves the right to reject reports as incomplete, inadequate, or unacceptable according to the parameters set forth in the resulting contract. The department, at its option, may allow additional time within which the successful vendor may remedy the objections noted by the department or the department may, after having given the successful vendor a reasonable opportunity to complete, make adequate, or acceptable, such reports, declare the contract to be in default. The following table specifies the type, content and frequency of any reports that the successful vendor will be required to submit as a part of the contract. Report Title Reporting Frequency Report Due Date Number of copies DCF Employee to receive reports Monthly Invoice Monthly 15 days following end of the month 1 Contract Manager Annual Performance Measure Report Annually July 15 th 1 Contract Manager a. The Invoice shall be submitted by the 15 th of the following month in which services were provided. SERVICE OF PROCESS 18 ITB #SNR1112FS01

19 b. An Annual Performance Measure Report shall be submitted annually on July Performance Measures a. 100% of personal service for all Termination of Parental Rights Petitions (TPR) and Advisory Hearings shall either be face to face or the affidavit of service must contain a detailed recitation of all efforts made to obtain personal service. b. 100% of summons served in dependency cases will either be personally served, or on a relative over 15 years of age who resides in the home. c. 100% of requests for service will be served within 7 days of request. 23. Description of Performance Measurement Terms a. Personal Service means face to face service of process from the provider to the hand of the client being served. b. Termination of Parental Rights (TPR) Petitions means legal document severing all parental rights to the child in question. c. Advisory Hearings mean legal proceedings at which the family in question is advised of all matters currently in effect in the individual case. 24. Performance Evaluation Methodology a. The outcome measurement contained in paragraph C.22.a. above will be calculated by dividing the total number of face to face personal services of Termination of Parental Rights Petitions and Advisory Hearings and the documented efforts when personal service is impossible by total number of services of process. # of face to face services of TPR petitions & Advisory Hearings & Numerator: detailed recitations of all efforts made to obtain personal service Denominator: Total number of services of process. b. The outcome measurement contained in paragraph C.22.b. above will be calculated by dividing the total number of summons personally served to relatives 15 years of age or older who reside in the home by the total number of dependency summons served. Numerator: Denominator: # of dependency summons personally served or served on appropriately aged relative residing in the home Total number of dependency summons served c. The outcome measurement contained in paragraph C.22.c. above will be calculated by dividing the total number of requests for service served within 7 days by the total number of requests for service. SERVICE OF PROCESS 19 ITB #SNR1112FS01

20 Numerator: Denominator: # of requests for service served within 7 days of request # of requests for service d. Performance Standards Statement By execution of any contract resulting from this ITB, the provider hereby acknowledges and agrees that its performance must meet the standards set forth in the resulting contract and will be bound by the conditions in the solicitation document. If the provider fails to meet these standards, the department, at its exclusive option, may allow a reasonable period, not to exceed 6 months, for the provider to correct performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the department within the prescribed time, and if no extenuating circumstances can be documented by the provider to the department s satisfaction, the department must terminate the contract. The department has the sole authority to determine whether there are extenuating or mitigating circumstances. 25. Vendor Unique Activities The successful vendor is solely and uniquely responsible for the satisfactory performance of the tasks described in Section C.9. By execution of the resulting contract the successful vendor recognizes its singular responsibility for the tasks, activities, and deliverables described therein and warrants that it has fully informed itself of all relevant factors affecting accomplishment of the tasks, activities, and deliverables and agrees to be fully accountable for the performance thereof. In addition, the successful vendor assumes full responsibility for the acts of all subcontractors. 26. Coordination With Other Vendors/Entities The successful vendor agrees to support, be actively involved in, and cooperate with, all parties involved in the provision of services to clients receiving services from the department under any contract resulting from this ITB. Failure of other entities, including subcontractors, does not relieve the successful vendor of any accountability for tasks or services that the vendor is obligated to perform pursuant to the resulting contract to this ITB. 27. Department Obligations a. The department shall provide a single point of contact (contract manager) for the successful vendor who will have the authority to obtain discussions on behalf of the department. The department s contract manager shall be responsible for the performance of the following functions, some of which may be delegated to other department staff: SERVICE OF PROCESS 20 ITB #SNR1112FS01

21 1) To provide a liaison between the department and the successful vendor; 2) To resolve any contractual problems; 3) To ensure the timely review by the department of all project deliverables and changes thereto; 4) To accept all deliverables from the successful vendor; and, 5) To provide the successful vendor with a listing of department employees who are authorized to contact the vendor directly to acquire services, as requested. 28. Department Determinations a. The department is the final authority on all matters pertaining to paid services or goods purchased with funds appropriated to the department. b. The department reserves the right to make final determination as to the completeness and acceptability of all reports and deliverables. c. The department shall have the right to determine what services shall be reimbursed under the resulting contract. d. The department shall make final determinations regarding any disputes concerning the retention of records and documents. 29. Monitoring Requirements The prospective vendor will be monitored in accordance with existing departmental procedures (CFOP 75-8). SECTION D - FINANCIAL SPECIFICATIONS 1. Funding Source The contract resulting from this ITB will be funded by general revenue and trust fund appropriation. The State of Florida s performance and obligation to pay under any resulting contract is contingent upon an annual appropriation by the Legislature. 2. Invoicing and Payment of Invoices This ITB will result in a fixed price (unit cost) contract. The department shall pay the successful vendor for the delivery of service units in accordance with the terms of the resulting contract, subject to the availability of funds. The successful vendor will request reimbursement on a monthly basis through the submission of a properly completed invoice, along with supporting documentation, within 15 SERVICE OF PROCESS 21 ITB #SNR1112FS01

22 days following the end of the month for which reimbursement is being requested. Payment due under the resulting contract will be withheld until the department has confirmed delivery of negotiated services. Payments may be authorized only for services units provided in accordance with the terms and conditions of the awarded contract. The service units for which payment is being requested may not either by themselves, or cumulatively by totaling service units on previous invoices, exceed the total number of units authorized by the awarded contract. Where applicable, service units will be rounded to the nearest quarter hour. It is expressly understood by the vendor that any payment due the vendor under the terms of the resulting contract may be withheld pending the receipt and approval by the department of all financial and program reports due from the vendor as a part of the resulting contract and any adjustments thereto. Requests for payment, which cannot be documented with supporting evidence, will be returned to the vendor upon inspection by the Department. The vendor must maintain records documenting the total number of recipients and names (or unique identifiers) of recipients to whom services were provided and the dates the services were provided so an audit trail documenting service provision can be maintained. 3. Cost Bid a. Contract costs must be proposed in the Bid Price Sheet for the initial three-year contract period and the proposed three year renewal period, completed in the format attached in Appendix I, Financial Cost Proposal. b. A bid must also include a Proposed Project Summary Budget and Line Item Budget Detail (including narrative) which summarizes the initial three-year cost of the program, as well as the proposed three year renewal period. The Proposed Project Summary Budget and Line Item Budget Detail (including narrative) must be completed in accordance with the budget package as specified in Appendix I. The individual unit rates must be supported by the vendor s Proposed Project Summary Budget and Line Item Budget Detail (including narrative). c. The detailed budget narrative must provide an explanation and justification of all line items listed on the successful vendor s proposed budget, which supports the budget as to allowability. The budget narrative shall at a minimum, include line items and narrative as specified in Appendix I. d. Any indirect cost line that proposes a percentage of allocated over-head may not exceed 10% unless the successful vendor submits a detailed cost allocation proposal. 4. MyFloridaMarketPlace Transaction Fee The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eprocurement System. Pursuant to subsection SERVICE OF PROCESS 22 ITB #SNR1112FS01

23 (23), Florida Statutes, all payments shall be assessed a Transaction Fee of one percent (1.0%), which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), Florida Administrative Code. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The vendor shall receive a credit of any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is nonrefundable when an item is rejected or returned, or declined, due to the vendor s failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the vendor in default and recovering procurement costs from the vendor in addition to all outstanding fees. VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. SECTION E - INSTRUCTIONS TO VENDORS 1. Vendor Registration in MyFloridaMarketPlace No contract may be awarded by any state agency to any vendor who is not registered in the MyFloridaMarketPlace eprocurement system unless exempt by Rule 60A-1.030(3) F.A.C. A copy of the registration must be included as an appendix in the respondent s proposal. To access online registration, log onto select the Business menu item, then select the MyFloridaMarketPlace/e-Pro link under Doing Business with the State, select Vendors, then select Online Vendor Registration. All vendors are responsible for submitting evidence of registration, or proof of exemption by rule from registration, with any response to this ITB. 2. Authority To Do Business In Florida A vendor must be registered to do business in Florida with the Secretary of State and must supply a Certificate of Good Standing from the Florida Secretary of State s Office. To access online registration, log onto select Electronic Filing, then select On-line Filing. Alternatively, vendors may download the forms for submittal by U.S. mail by logging onto selecting Download Filing Forms, then selecting the applicable forms. To receive a Certificate of Good Standing electronically, log onto select Electronic Filing, then select Electronic Certification, and finally select Certificate of SERVICE OF PROCESS 23 ITB #SNR1112FS01

24 Status. Vendors may also request the Certificate of Good Standing from the Secretary of State s Office via U.S. mail or other common courier. Contact information is available at All vendors are responsible for submitting a copy of their Certificate of Good Standing from the Florida Secretary of State s Office with any response to this ITB. 3. General Instructions to Respondents, PUR 1001 This form, required by the Florida Department of Management Services (DMS), contains instructions explaining the solicitation process and the actions necessary to respond to a solicitation. Additional materials and guidance specific to each ITB must be included in the ITB. Vendors are not required to sign and return the PUR 1001 form with their response to the ITB. By submitting a bid, the vendor agrees to comply with all terms and conditions of the ITB. Failure to comply with all terms and conditions shall be grounds for rejecting the bid. The PUR 1001 form will be included in the Instructions to Vendors section of the ITB. The PUR 1001 form is available at the DMS website at: 4. Title Page Each copy of the Invitation to Bid must have a Title Page, which contains the following information: a. ITB Number; b. Title of Bid; c. Vendor s name (person, organization, firm); d. Name of Organization to which the Bid is submitted; e. Name, title, phone number, and address of person who can respond to inquiries regarding the Bid. f. Name of the vendor s project director (if known). 5. Required Vendors Statements or Certifications The proposal must include these certifications listed as FATAL CRITERIA (Appendix VIII) in order to be accepted for qualitative review and evaluations: a. Acceptance of Contract Terms and Conditions (Appendix V) The proposal must include a signed statement in response to the ITB indicating acceptance of the terms and conditions governing the provision of services as specified in the ITB and contained in the resulting contract. b. Statement of No Involvement (Appendix V) SERVICE OF PROCESS 24 ITB #SNR1112FS01

25 The prospective vendor must include a signed statement indicating that neither the prospective vendor nor any person with interest in the firm: Had a contract that was not competitively procured to perform a feasibility study for the potential implementation of a subsequent contract or, Participated in the drafting of a solicitation or, developed a program for future implementation dealing with the specific subject matter of this solicitation. c. Certification Regarding Debarment (Appendix VI) d. Certification Regarding Lobbying (Appendix VII) 6. Signature Authority A letter from the vendor authorizing the individual who will be signing the Standard Contract on behalf of the vendor (signed by the President, Chairman of the Board of Directors or the Chief Executive Officer) to legally bind the vendor to the contract terms and conditions. 7. Trade Secrets The department will attempt to afford protection from disclosure of any trade secret as defined in section , Florida Statutes, where identified as such in the response to this ITB, to the extent permitted under section , Florida Statutes, and Chapter 286, Florida Statutes. Any prospective vendor acknowledges, however, that the protection afforded by section , Florida Statutes, is incomplete, and it is hereby agreed by the vendor and the department that no right or remedy for damages arises from any disclosure by the department. 8. Cost of Preparation of Bid The department is not liable for any costs incurred by an applicant responding to this ITB. 9. Number of Copies Required An original and 4 copies, individually sealed, of the bid are required. The original must be marked original. At least one copy of the bid submitted to the department must contain an original signature of an official of the prospective vendor who is authorized to bind the prospective vendor to their bid. 10. How to Submit a Bid a. Any Bid must be received by the department according by the deadline set forth in Section A.4, Schedule of Events and Deadlines. This is one of the FATAL CRITERIA (Appendix VIII) and all bids must be submitted by the deadline in order for the bid to be further evaluated. SERVICE OF PROCESS 25 ITB #SNR1112FS01