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HomeMy WebLinkAboutinstruction to proposersInstructions to Proposers Contents 1.01 Definitions 1.02 General Instruction 1.03 Terms and Conditions 1.04 Who May Submit a Proposal 1.05 Ordering Instructions 1.06 Basis for Award 1.07 Questions/Contract Supervisor 1.08 Conflict of Interest 1.09 Convicted Vendors 1.10 Discriminatory Vendors 1.11 Proposer's Representation and Authorization 1.12 Performance Qualifications 1.13 Execution of Proposal 1.14 Submittal of Proposal 1.15 Proposal Tabulation 1.16 Special Accommodation 1.17 Firm Proposals 1.18 Clarifications/Revisions 1.19 Contract Formation 1.20 Notice of Award 1.21 Purchasing Card Program 1.22 Public Records 1.23 Protests 1.01 Definitions: See the general conditions for definitions of "proposal," "Contract," "Contract Supervisor," "Contract Specialist," "Contractor," "Employee Benefits," "Eligible User," "Department," "product," "purchase order," and "State," which terms are material to these instructions. 1.02 General Instruction: The proposer shall read all of the solicitation documents and comply with all specified requirements. 1.03 Terms and Conditions: All proposals are subject to the terms of these solicitation documents. These terms and conditions supersede the "general conditions" contained in the Request for Proposal Bidder Acknowledgement form (PUR 7033 Rev. 6/1/98), which is included in section 4.0 of these solicitation documents. The Department objects to and shall not consider any additional terms or conditions submitted by a proposer, including any appearing in documents attached as part of a proposer's response. In signing and submitting its proposal, a proposer agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a proposal, shall be grounds for rejecting a proposal. 1.04 Who May Submit a Proposal: By submitting a proposal, each proposer certifies that it satisfies the following criteria, in addition to any other specified in the solicitation documents. • Involved in primarily consulting and actuarial services. • Has performed periodic consulting and actuarial valuations. • Has performed special consulting and actuarial studies. • Has performed/provided other consulting and actuarial assistance as required. Using the References form included in section 4.0 of these solicitation documents, each proposer shall identify a minimum of two (2) private or public clients under similar contracts to which they have provided comparable services to one or more of the above within the past two (2) years. In furtherance of the One Florida Initiative, proposers are encouraged to seek the participation of woman -and minority -owned business enterprises (WMBE). Information on the One Florida Initiative and WMBEs is available from the Office at Supplier Diversity at http://osd.dms.state.fl.us. Please identify each WMBE that will participate in the Contract and the nature of the participation. 1.05 Ordering Instructions: On the Ordering Instructions form included in section 4.0 of these solicitation documents, proposers shall identify persons responsible for answering questions about the proposal and administering the Contract and shall provide information necessary for placing orders under the Contract. 1,06 Basis for Award: The Department intends to make multiple awards to one or more responsive proposers for consulting services identified in Section 2.01 of the Technical Specifications. A responsive proposal may address one or both categories as described in Section 2.01: 1) Employee Benefit Plan Consulting Services; and/or 2) Actuarial Services related to Employee Benefit Plans, but, prices must be submitted for ALL three positions on the price sheet included in Section 4.0 of these solicitation documents listed within each category. To be eligible for award on one, or two categories, a proposer must satisfy the technical specifications and have the highest -scored proposal in that category(s). Proposers are solely responsible for submitting the appropriate forms with their proposal. To assist proposers, a RFP preparation checklist is included in section 4.0 of these solicitation documents. The Department reserves the right to reject pricing that is greater than pricing offered to other potential Users (e.g., city, county, university, or federal contracts). The Department reserves the right to accept or reject any and all proposals or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State's best interest. 1.07 Questions/Contract Supervisor: Proposers shall address any questions regarding this solicitation to the Contract Supervisor, who is identified on the cover sheet of this solicitation package. Do not contact Eligible Users directly. Questions shall be in writing, shall reference the RFP number and the proposal opening date, and shall be RECEIVED NO LATER THAN September 13, 2002, and shall be answered in writing on or before September 23, 2002. The Department shall post amendments to the solicitation documents on www.myflorida.com under the Florida Vendor Bid System located at hup:l/fcn.state.fl.us/owa_vbslowalvbs_www.search.criteria form under the posted solicitation number. Each proposer is responsible for monitoring this site for new or changing information. The Department shall not be bound by any verbal information or by any written information that is not either contained within the solicitation documents or formally noticed and issued by the Contract Supervisor. 1.08 Conflict of Interest: This solicitation is subject to chapter 112 of the Florida Statutes. Proposers shall disclose with their proposal the name of any officer, director, employee or other agent who is also an employee of the State. Proposers shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the proposer or its affiliates. The Department recognizes the potential for conflicts of interest proposers/contractors may encounter if they are selected to provide services to an Eligible User under this State Term Contract. Proposers shall perform conflict checks before accepting any particular project or scope of work for an Eligible User, to make sure that such work does not create a conflict of interest between said work and other work performed by the Proposer. 1.09 Convicted Vendors: A person or affiliate placed on the convicted vendor list. following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: submitting a proposal on a contract to provide any goods or services to a public entity; submitting a proposal on a contract with a public entity for the construction or repair of a public building or public work; submitting proposals on leases or real property to a public entity, being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 1.10 Discriminatory Vendors: An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a, proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub contractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.11 Proposer's Representation and Authorization: In submitting a proposal, each proposer understands, represents, and acknowledges the following (if the proposer cannot so certify to any of the following, the proposer shall submit with its proposal a written explanation of why it cannot do so). • The proposer is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the proposal, the proposer, its affiliates, subsidiaries, directors, officers and employee are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to proposing on any public contract. • To the best of the knowledge of the person signing the proposal, the proposer has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The proposal is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or noncompetitive proposal. • The proposal has been arrived at independently and without consultation, communication, or agreement with any other proposer or potential proposer. • The proposer has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the proposer nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product/service offered by the proposer will conform to the specifications without exception. • The proposer has not and will not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the Department. • The proposer must satisfactorily provide all services requested hereunder, and the completion of those services are the responsibility of the successful proposer. Proposer must retain total responsibility in the event that Proposer elects to sub contract certain portions of the services proposed herein. The Department will communicate only with the Proposer and not any subcontractors. • The proposer is responsible for complying with any applicable codes and/or ordinances. • Work performed not meeting specifications, or found to be defective, will not be accepted, but the Contractor will be required to make repairs or corrections at no expense to this Department. • The proposer has read and understands the Contract terms and conditions, and the proposal is made in conformance with those terms and conditions. • If an award is made to the proposer, the proposer agrees that it intends to be legally bound to the Contract that is formed with the State. • The proposer has made a diligent inquiry of its employees and agents responsible for preparing, approving or submitting the proposal, and has been. advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the proposal. • The proposer shall indemnify, defend, and hold harmless the Department and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the proposer's preparation of its proposal. • All information provided by, and representations made by, the proposer are material and important and will be relied upon by the State in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the State of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to Chapter 817 of the Florida Statutes. 1.12 Performance Qualifications: The Department reserves the right to investigate or inspect at any time whether the services, qualifications, or facilities offered by the proposer meet the Contract requirements. The proposer shall at all times during the Contract term remain responsive and responsible. The proposer must be prepared, if requested by the Department, to present evidence of experience, ability, and financial standing, for services proposed. If the Department determines that the conditions of the solicitation documents are not complied with, or that the services proposed to be provided do not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may reject the proposal or terminate the Contract. The proposer may be disqualified from receiving awards if the proposer, or anyone in the proposer's employment, has previously failed to perform satisfactorily in connection with public proposals or contracts. This paragraph shall not mean or imply that it is obligatory upon the Department to make an investigation either before or after award of the Contract, but should the Department elect to do so, the proposer is not relieved from fulfilling all Contract requirements. 1.13 Execution of Proposal: Each proposal shall be in the form included with these solicitation documents and manually signed by an authorized representative of the proposer. Proposals shall be typed or printed in permanent ink. Any correction or alteration shall be in ink and initialed. The proposer's name shall appear on each page of the proposal in the space noted. Each proposal shall include the RFP Bidder Acknowledgement form (PUR 7033 Rev. 6/1/98), but the "General Conditions" of that form are superseded by the terms of and conditions of these solicitation documents. Each proposal shall include a copy of the Contract form, signed by a person authorized to bind the Company. 1.14 Submittal of Proposal: Submit the original proposal and five copies in a sealed envelope. DO NOT INCLUDE MORE THAN ONE PROPOSAL PER ENVELOPE. The face of the envelope shall indicate State Purchasing's address, the proposal number, and date and time of the proposal submittal. Proposals not submitted on the forms included with these solicitation documents shall be rejected. Each proposer is responsible for ensuring that its proposal is delivered at the proper time and to the proper place. The Department shall not consider late proposals, PROPOSALS MUST BE RECEIVED AT STATE PURCHASING, 4050 ESPLANADE WAY, ROOM 380G, TALLAHASSEE, FLORIDA, 32399 AT OR BEFORE 2:00 P.M. ON OCTOBER 1, 2002. 1.15 Proposal Tabulation: Proposals shall be opened on the date specified on the RFP Bidder Acknowledgement form (PUR 7033 Rev. 6/1198), or as amended, and thereafter tabulated. Based on the proposal tabulations on October 8, 2002, the Department shall electronically post a notice of intended award at http://fcn.state.fl.us/owa vbs /owa/vbs www.main_menu. If the notice of award is delayed, in lieu of posting the notice the Department shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Department a notice of protest within 72 hours after the posting of the notice of intended award (see Instruction 1.23 for more information on protests). The Department shall not provide proposal tabulations by telephone. 1.16 Special Accommodation: Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid opening. If you are hearing or speech impaired, please contact State Purchasing by using the Florida Relay Service at (800) 955-8771 (TDD). 1.17 Firm Proposals: The Department may make award within sixty (60) days after the date of proposal opening, during which period proposals shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, a proposal shall remain firm until either the Department awards the Contract or the Department receives from the proposer written notice that the proposal is withdrawn. Any proposal that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected. 1.18 Clarifications/Revisions: Before award, the Department reserves the right to seek clarifications, to request proposal revisions, and to request any information deemed necessary for proper evaluation of proposals from all proposers deemed eligible for Contract award. Failure to provide requested information may result in rejection of the proposal. 1.19 Contract Formation: No contract shall be formed between proposer and Department until the Department signs the Contract. The Department shall not be liable for any costs incurred by a proposer in preparing or producing its proposal or for any work performed before the Contract is effective. 1.20 Notice of Award: The Department shall issue a notice of award, if any, to successful proposers. 1.21 Purchasing Card Program: The State has implemented a purchasing card program through Bank of America, using the Visa network. Contractors will receive payment from the purchasing card in the same manner as other Visa purchases. Accordingly, proposers must presently have the ability to accept Visa or take whatever steps necessary to implement the ability before the start of the Contract term. The State reserves the right to revise this program in conjunction with implementation of an on- line procurement system. 1.22 Public Records: The Department does not intend to solicit confidential or proprietary information in response to this solicitation. Proposers are cautioned that Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a proposer believes that its proposal contains information that should not be a public record, the proposer shall clearly segregate and mark that information (for example, stamp each page, "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds for claiming exemption from public records law. The Department will not independently evaluate the proposer's claim of exemption. If the Department receives a public records request related to the proposal, the Department shall notify the proposer in writing at least seven days before making the information available for review by the requester. The proposer shall be solely responsible for taking whatever action it deems appropriate to legally protect its claim of exemption from the public records law. If the proposer fails to do so, the Department shall make the information available for review. In no event shall the Department or any of its employees or agents be liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation. 1.23 Protests: Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. It is the Department's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Notice of protest of the solicitation documents shall be made within seventy-two hours after the posting. Questions to the Contract Supervisor shall not constitute formal notice. Failure to comply with the law shall constitute a waiver of the protest.