Florida Department of Juvenile Justice Bureau of Procurement & Contract Administration 2737 Centerview Drive Knight Building Tallahassee, Florida 32399 (850) 717-2600 Rick Scott, Governor Christina K. Daly, Secretary
Provide background regarding procurement methods Assist Providers in identifying/locating procurement opportunities Assist Providers in responding to competitive solicitations (ITBs, RFPs, and ITNs) Provide subcontracting tips Awareness of contract compliance Requirements of open government Share common pitfalls/issues found in responses Identify other helpful/useful tips 2
A competitive procurement solicitation known as an Invitation to Bid s. 287.057(1)(a) Florida Statues An ITB is often used when commodities are being procured. It is used when an agency is capable of establishing precise specifications for a commodity or defining, with specificity, a scope of work for the commodities or contractual services sought. Through this process, Providers are able to compete on a cost basis for like items or services. Awards will be made based on the responsible and responsive bidder who conforms to all the terms and conditions of the ITB at the lowest cost. 3
A competitive procurement process known as a Request for Proposals s. 287.057(1)(b) Florida Statues The Request for Proposal method of procurement is used when it is not practical for the agency to specifically define the scope of work for which the commodities or contractual services are needed, further discussions or explanations are required. Simply put, the agency can describe what it wants to accomplish but the methods or means to accomplish the desired outcome cannot be easily defined. There may be several methods of service provisions available to accomplish a task and the agency is considering all the available options. The method of service provision is more important than price; however, cost must be a consideration and an RFP must include specific evaluation criteria and the weight of value assigned to each criterion. A Provider s prior relevant experience is also a criteria used to evaluate and determine award. 4
A competitive procurement process known as an Invitation to Negotiate s. 287.057(1)(c) Florida Statues An invitation to negotiate is used when the agency determines the best method for achieving a specific goal or solving a particular problem, and identifies one or more responsive vendors with which the agency may negotiate in order to receive the best value. This method of procurement is used when agencies want the opportunity to obtain current upto-date services at the time of contracting, and the flexibility to negotiate with multiple Providers. Price is not the primary consideration in the selection of an ITN. This method of procurement also considers qualifications of a Provider, approach to providing the requested services, and prior relevant experience. 5
Single Source Emergency Procurement State Term Contract Less Than Two Bids Received in a Competitive Solicitation Contractual Services Subject to Regulated Exemptions Small Purchases 6
Single Source s. 287.057(5)(c) Florida Statutes The purchase of a contractual service or commodity that is available from only one vendor. The contract is not renewable. 7
Emergency Procurement s. 287.057(5)(a) Florida Statutes An emergency procurement is defined as an immediate danger to public health, safety, welfare, or other substantial loss to the state requiring emergency action. Emergencies are defined as acts of God, riot, fires, floods, accidents, or any circumstances beyond the control of the department in its normal conduct of business. Contracts must be for commodities or services that are required for an emergency. Allows retroactive payment. Not renewable. Requires Purchasing Form PUR 7800 completed and quotes from 2 vendors or written justification why quotes could not be obtained. 8
State Term Contract s. 287.057(5)(b) Florida Statutes State term contracts are competitively procured by Department of Management Services (DMS) for use by any Florida agency, county, municipality or local public entity. State Term Contracts are the basis for the Request for Quotes (RFQ) process. State of Florida 9
Less Than Two Bids Received in a Competitive Solicitation s. 287.057(5) Florida Statutes If less than two responsive bids, proposals, or replies for commodity or contractual services purchases are received, the agency may negotiate on the best terms and conditions. The agency shall document the reasons that such action is in the best interest of the state in lieu of resoliciting competitive sealed bids, proposals, or replies. All such actions are reported to DMS on a quarterly basis. 10
Contractual Services Subject to Regulated Exemptions s. 287.057(3)(e) Florida Statutes This type of procurement is exempt from competitive procurement by law when certain conditions exist such as the following, but are not limited to: Artistic services. s. 287.012(3), F.S., and Rule 60A-1.002(4)(c) Purchases made by agencies, pursuant to s. 287.056(1), F.S., from state term contracts competitively procured by DMS. State or federal law prescribes with whom the agency must contract or if the rate of payment is established during the appropriations process. Health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration. s.287.057(3)(e)5., F.S. (Exempt Services, Special Legislative Member Projects 287.057(5)(f) and (11), F.S. & Rule 60A-1.002, Florida Administrative Code) 11
Small Purchases Purchases below the specified dollar threshold of $35,000.00 (Category II) 12
Providers/Vendors interested in doing business with state agencies in Florida should register in the Vendor Bid System. http://www.myflorida.com/apps/vbs/v bs_www.main_menu 13
STEP 1 Access the web site: http://www.myflorid a.com/apps/vbs/vbs _www.main_menu Click Here STEP 2 Click Search Advertisement 14
STEP 3 For this example, I have selected the Department of Juvenile Justice using the dropdown menu. Note: The next page will provide you a list of ALL solicitations currently being advertised by DJJ STEP Click the Advertisement Search Button 4 15
STEP 5 For this example we are going to click on the Number DJJ ITN 10287. This is an Invitation to Negotiate (ITN). Click on the link to see more information about this ITN. 16
STEP 6 Each agency must identify at least one DMS Class and Group Number to place an advertisement in the Vendor Bid System. Providers should always review the numbers for ads they are interested in and make sure they are registered under all the appropriate codes for their business. 17
STEP 7 If you have a question, put it in writing and submit it to the procurement manager as directed. STEP This is where you will find more information about the solicitation being advertised. 8 Revisit the advertisement periodically to check for updates. 18
Conduct due diligence on prospective subcontractors. DJJ must approve the act of subcontracting any portion of the work performed under the primary contract. DJJ requires certain pass-through provisions be a part of a subcontractor s contract. In developing subcontracts, all provisions required by the primary provider s contract shall be included in the subcontractor s contract. The primary provider is responsible to DJJ for the work performed by the subcontractor. The provider must regularly monitor subcontractor performance. A copy of the subcontract must be provided to the DJJ contract manager. 19
For State of Florida Contracts that involve state project funding (CSFA) and federal financial assistance (CFDA), Florida law requires such contracts to include a financial penalty provision for non-performance s. 215.971, Florida Statutes. s. 287.058 Florida Statutes requires all remaining State of Florida contracts to include financial consequences. Transparency Florida Florida Accountability Contract Tracking System (FACTS) Provides online access to all state government contracts, purchase orders, and settlement agreements. 20
Useful Consideration for Avoiding Compliance Issues: Keep detailed records of all payments received and expenditures made with contract funds. Make sure all contract deadlines are met. Only charge allowable costs to the contract. If federal funds are involved, ensure compliance with applicable federal laws and regulations, including OMB circulars. Remember correspondence does not amend a contract, only a signed contract amendment changes the contract terms and conditions. Keep the lines of communication open with the DJJ contract manager. Never spend government contract funds on lobbying. Submit audits as required in the contract. 21
There are two different types of open government laws in Florida (s 286.011 Florida Statutes) (Chapter 119, Florida Statutes) The Sunshine Law Public meeting providing the opportunity for the public to comment. The Public Records Act Open records law 22
Visit the following links: o Department of Financial Services Reference Guide for State Expenditures http://www.myfloridacfo.com/aadir/reference_guide o Department of Juvenile Justice Bureau of Finance and Accounting for travel policy and forms o http://djjiws/departments/office-of-administrativeservices/finance-accounting 23
General Terms and Conditions (DMS PUR1000 and PUR1001 Forms) Special Terms and Conditions in DJJ solicitation Scope/Specifications/Deliverables Submittal Requirements Evaluation Criteria 24
Review the Scope of Work/Scope of Services Sought. Determine if your organization can provide all of the goods or services sought. If only a portion of the goods/services needed can be provided, identify whether an opportunity exists to team with another Provider to provide all goods/services needed. 25
Review the services and deliverables expected to evaluate the reasonableness of the requirements and your company s ability to meet the DJJ service needs. Be honest with your assessment of your organization s capabilities to meet the needs of the department. Review the draft contract provided in the solicitation. Identify any issues with the agreement that need to be addressed. 26
Determine if teaming with another entity is allowed under the solicitation. Consider the risks associated with the project financial, business, and employee. Determine if sufficient time is available to prepare a meaningful response to the solicitation. Review the schedule to verify that scheduled events requiring a prospective Provider s participation have not been missed. Some events are MANDATORY. 27
Actively participate in mandatory and non-mandatory meetings scheduled by the Department. Periodically return to the Vendor Bid System(VBS) website where the solicitation was originally posted and check for updates. If you have questions, put them in writing to the procurement manager identified in the solicitation document and on the VBS. 28
All state agencies are required by 60A-1, Florida Administrative Code to include the following documents in formal solicitations issued by the agency. State of Florida, PUR1000 General Contract Conditions State of Florida, PUR1001 General Instructions to Respondents Familiarize yourself with these documents Identify terms that are problematic to your company Keep a highlighted copy available for review with issued solicitations Look for terms that have been changed (replaced) within the solicitation Consider asking a question if you feel the term or condition isn t appropriate for the solicitation Keep in mind that agencies may include additional special conditions that must be met 29
Based on the solicitation type (ITB, RFP, or ITN) the instructions for responding may differ. An invitation to bid is generally structured in such a way that a Respondent provides minimal documentation to support their qualifications to provide the goods or services. Examples of documentation required may include: licenses, permits, insurance, proof of agreement from product source, references, available equipment, years experience performing the services sought, etc. Once the Respondent has passed the minimum requirements, the award is recommended to the Respondent with the lowest bid. 30
Detailed instructions identify the elements of information or documentation to be submitted for evaluation purposes. Respondents should review the instructions with the evaluation criteria established in the solicitation to ensure that all critical elements are addressed. Focus on the information to be provided. Provide a professional response in accordance with the solicitation specifications no need to spend money on a presentation that does not add value to your response. 31
Know the last date for submission of questions, don t wait until the last minute to ask your questions, and don t be afraid to ask questions! Complete Attachment O (Crosswalk) provided in the solicitation correctly to ensure the department can locate appropriate information in your response. References (if applicable to the solicitation) confirm willingness and availability of proposed references to participate in evaluating your past performance. Provide willing references with questionnaire contained in the solicitation. 32
Make sure letters, references, and other required forms, included as part of the response, contain the appropriate signatures and are completed in their entirety. Provide sufficient time in the process to allow someone in your organization to review the response for submittal. 33
Submitted incomplete or unsigned documents in response to a solicitation. Did not consider the evaluation criteria in building a response to a solicitation. Did not communicate with proposed references regarding their participation and timely and appropriate submittal of required forms. Submitted incomplete or incorrect contact information for clients lists/past experience. Incumbent contractor assumed that details requested in the response aren t necessary as the agency knows the quality of work provided. 34
Exceeded established page limits for response. Did not participate in mandatory meeting/site visit. Submitted a response as a primary contractor and agreed to serve as a subcontractor in another response. Relied on something heard rather than getting information in writing. Submitted a proposal after the due date and time. 35
A. Transmittal Letter (MANDATORY REQUIREMENT) 0 0 B. Technical Proposal Volume 1 1. Introductory Statement 0 0 2. Management Capability 125 125 3. Program Services 900 900 4. Overlay Services b. Mental Health Overlay Services (MHOS) 45 45 c. Substance Abuse Overlay Services (SAOS) 45 45 C. Financial Proposal Volume 2 1. Price (as stated in Attachment J) 200 200 2. Financial Viability Documents (Option 1 or 2) MANDATORY 0 0 D. Past Performance Volume 3 300 240 TOTAL MAXIMUM POINTS AVAILABLE 1615 1555 36
Use the following rating scores to rate the evaluation question: AWARD CRITERIA RATING SCORE EVALUATION DESCRIPTION Excellent 5 The proposal exceeds all technical specifications and requirements for the service component specified. The approach is innovative, comprehensive, and complete in every detail. Very Good 4 The proposal meets all technical specifications and requirements for the component specified. The approach is comprehensive and complete in every detail. The proposal approach contains some innovative details for some of the components specified. Adequate 3 The proposal meets all technical specifications and requirements for the component specified. Poor 2 The proposal does not meet all technical specifications and requirements for the component specified, or it demonstrates minimum understanding of the requirements for the component specified. Unsatisfactory 1 The proposal fails to demonstrate the provider s understanding of the requirements for the component specified or the ability to provide the service. Not Addressed 0 The provider s proposal does not address the service component(s) specified, or the evaluator is not able to locate the information in the provider s proposal. 37
The department will use the following methods to score the relevant section of the provider s proposal. A. Transmittal Letter Proposals will be rejected as non-responsive if a transmittal letter is not drafted, signed and submitted by an authorized representative of the prospective provider, and contain the information required by Attachment B, Section XIX. A. This is a MANDATORY requirement (see Attachment B, Section V.) of the RFP; however, no points will be awarded. B. Technical Proposal The Management Capability and Program Services sections will be evaluated by a minimum of three department employees serving as evaluators. They will independently score these sections based on the requirements of the RFP on a 0-5 scale. The assignment of points by each evaluator will be based upon the description of each score as indicated on the previous slide. C. Financial Proposal Price Evaluation Criteria 1. The score for price will be based upon the lowest Annual Maximum Price Proposed for Program Operations submitted on Attachment J by all prospective providers. The total available points for price is 200 points. Therefore, the prospective provider who submits the lowest Annual Maximum Price for Program Operations shall receive 200 points. Total price for the purposes of evaluation shall be the Annual Maximum Contract Dollar Amount multiplied by the term of the contract. All others will receive a score that is equal to 200 points minus the percentage difference above the lowest proposal. For example, if the second lowest proposal is 10% higher than the lowest proposal, the second prospective provider will receive a score of 180 points (i.e., 200 points minus 10% of 200 [or 20 points] equals 180 points). No points will be awarded based on the unfilled rate. CONTINUED ON NEXT PAGE 38
Financial Viability Criteria: 1. Based on the option elected by the prospective provider the department will utilize one of the following criteria to determine financial viability to perform a contract resulting from this RFP: a. Option #1 D & B Supplier Evaluation Risk (SER) Evaluation Criteria Dunn & Bradstreet Supplier Evaluation Risk (SER) score must be 5 (on a scale of 1-10). The SER score is provided by D&B on the Supplier Qualifier Report (SQR) which must be requested by the prospective provider. b. Option #2 Financial Audit Documentation Criteria A certified public accountant (CPA) employed by DJJ will review the provider s financial documentation and assess all of following criteria. At least two of the following four minimum acceptable standards shall be met, one of which must be item 3) or 4) below: Current ratio: 1.0:1 or (1.0) Computation: Total current assets total current liabilities Debt to tangible net worth: 6:1 Computation: Total liabilities tangible net worth (net worth minus intangible assets) Minimum existing sales: the maximum annual contract dollar amount as stated in this RFP which is defined as $XXXXXXXXXX. Total equity: 10% of minimum sales or revenue as determined in 3. above D. Past Performance Criteria for the scoring of past performance are explained in Attachment C. E. Maximum Points Available Providers who operate department-contracted residential programs in Florida can achieve a maximum score of 1615 points. Providers who do not operate department-contracted residential programs in Florida can achieve a maximum score of 1555 points. 39
If you think that an error exists in the specifications/requirements, submit a question regarding the issue by the date listed in the Calendar of Events for Questions and Answers. All communication regarding the solicitation must be directed to the procurement manager established in the solicitation. If using an overnight delivery service, provide sufficient time to address delivery problems, should one exist. Confirm receipt through tracking. Don t use the language contained in the solicitation as your response to the solicitation. Do not just copy the requirements! 40
Request copies of your score sheets to evaluate your strengths and weaknesses. Request a copy of the selected Provider s response. 41