Request for Proposals Contract Employment Services DMA-RFP-173

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1 Request for Proposals Contract Employment Services DMA-RFP-173 Contact Information John D. Connor, Purchasing Director (904) Erin Lewis, Purchasing Agent (904) Marine Street St. Augustine, FL Fax No. (904)

2 CALENDAR OF EVENTS The following time schedule will be strictly adhered to in all actions relative to the RFP, unless modified by the Department by addendum to this RFP. Date Time Action Location 3/14/2014 C.O.B. Release of Solicitation MyFlorida.com web site, Vendor Bid System 3/26/2014 2:00PM 3/28/2014 2:00PM 4/2/2014 2:00PM 4/10/2014 2:00 PM Discussion Questions for the Solicitation Conference - Last date and time written questions will be accepted for discussion at the conference. Deadline for submission of Intent to Attend Solicitation Conference Form (Attachment H) Mandatory Solicitation Conference Conference Call is available- DMA is not responsible for technical difficulties that may occur with call in access. Final date and time for written question submission. Questions may be submitted earlier. 4/15/2014 C.O.B. Anticipated date that questions and response will be posted on the vendor bid system. Anticipated date that solicitation 4/15/2014 C.O.B. amendment may be posted as a result of questions submissions, omissions, changes or clarifications. All Proposals/Bids Due - 4/22/2014 2:00 PM Proposal/Bid Opening Note: Evaluator Instruction and the Evaluation Process begin immediately following the opening. 4/25/2014 C.O.B. Anticipated Date of Posting Bid Tab & Notice of Intended Award C.O.B By Close of Business Send to: John.D.Connor2.nfg@mail.mil and Rannah.E.Lewis.nfg@mail.mil or fax to (904) Send to: John.D.Connor2.nfg@mail.mil and Rannah.E.Lewis.nfg@mail.mil or fax to (904) Robert Ensslin Armory (RFE) Distributed Learning Classroom 2305 State Road 207 Saint Augustine, FL Conference call (866) or (904) code Send to: John.D.Connor2.nfg@mail.mil and Rannah.E.Lewis.nfg@mail.mil or fax to (904) MyFlorida.com web site, Vendor Bid System MyFlorida.com web site, Vendor Bid System Dept. of Military Affairs 82 Marine Street, SQM P &C Saint Augustine, Florida MyFlorida.com web site, Vendor Bid System All meetings in the calendar of events (Mandatory Solicitation conference, Bid Opening which includes evaluator instructions) are open to the public. 2

3 Attachment M Notice of Intent to Attend Mandatory Solicitation Conference/Briefing Item(s) being Procured Contract Employment Services Potential proposers/bidders are requested to notify our office by returning this Form no later than the date specified on the schedule of events. Complete the information below and fax this sheet only to the Department of Military Affairs at (904) , to Rannah.E.Lewis.nfg@mail.mil or mail to Department of Military Affairs, State Quartermaster P&C, P.O. Box 1008 St. Augustine, Florida Completion/Submission of this form is for informational purposes only. No information will be provided as a result of submission. The conference/briefing will be held at: Dept. of Military Affairs Robert Ensslin Armory Distributed Learning Classroom 2305 State Road 207 St. Augustine, FL If attendance will be through Conference call, please indicate here: The toll free telephone number is (866) or the local number is (904) , participant code DMA is not responsible for technical difficulties that may occur with call in access. Company Name Authorized Company Representative: Mailing Address Telephone No. Fax No. Address Questions for solicitation conference/briefing shall be submitted in writing and sent to John.D.Connor2.nfg@mail.mil or by fax to (904) in accordance with the date and time scheduled on the calendar of events. The intent of this deadline is to provide DMA sufficient time to prepare responses for discussion at the conference. 3

4 Table of Contents 1.0 Invitation & General Information 2.0 General Conditions: PUR 1001-General Instructions to Respondents 3.0 General Conditions: PUR 1000-General Contract Conditions 4.0 Special Conditions 5.0 Statement of Work 6.0 Bid Submittal Expanded Contents 1.0 Invitation and General Information 1.1 Invitation 1.2 Purchasing Director 1.3 Contract Administrator 1.4 Contract Manager General Conditions PUR General Instructions to Respondents General Conditions PUR General Contract Conditions Special Conditions 4.1 MyFloridaMarketPlace 4.2 Minority Business Enterprise (MBE) Utilization 4.3 Communications, Bid Questions & Answers 4.4 Estimated Expenditures 4.5 Qualifications 4.6 Department Reservations and Responsiveness of Bids 4.7 Vendor s Contractual Obligations 4.8 Intellectual Property 4.9 Copyrighted Materials 4.10 Costs Incurred in Responding 4.11 Bid/Proposal Submission 4.12 Bid/Proposal Opening 4.13 Review & Evaluation Process 4.14 Identical Evaluation (Tied Score) of Responses 4.15 Posting of Intended Award 4.16 Award of Contract 5.0 Technical Specifications 5.1 Scope of Work 5.2 Background 5.3 Position Descriptions and Pay Scale 5.4 Contractor Responsibilities and Service Requirements 5.5 DMA Contract Manager Responsibilities 5.6 Pay Classifications/Vendor Fees/Overhead Compensation 5.7 Mandatory Conference/Briefing 5.8 Assignment Responsibilities 5.9 Invoicing and Payments 5.10 Performance and Consequences 5.11 Special Considerations 6.0 Bid Submittal 6.1 Proposal 6.2 Reply Evaluation Criteria 6.3 Price Sheet 6.4 References 4

5 6.5 Drug Free Workplace 6.6 Minimum Qualifications Statement 6.7 Required Certifications 6.8 Cross Reference Table Attachments A Price Sheet B Vendor References C Certification of Drug-Free Workplace D Minimum Qualifications Statement E Vendor Certifications F Cross Reference Table G Vendor Check List 5

6 1.0 Invitation and General Information: 1.1 Invitation: This solicitation is to procure temporary employment services for the Department of Military Affairs (DMA). Temporary staff may be required throughout the Agency during the life of the contract. At this time the needs are primarily in Saint Augustine and Starke Florida. It is anticipated that one contract will be awarded and the term of the contract will begin no later than June 1, 2014 and end on or about May 31, Vendors submitting a proposal/bid must be registered in MyFloridaMarketPlace prior to contract award. (see NEW REGISTRATION REQUIRED FOR FLORIDA VENDORS section, 4.1). A vendor shall not be considered for an award if not registered in MyFloridaMarketPlace. 1.2 Purchasing Director: The Purchasing Director, acting on the behalf of the Department of Military Affairs, is the sole point of contact with regard to all procurement matters relating to the RFP, from the date of release until the Department's Notice of Agency Decision. John Connor, Purchasing Director Department of Military Affairs State Quartermaster P&C 82 Marine Street St. Augustine, Florida Telephone No. (904) Fax No. (904) John.D.Connor2.nfg@mail.mil 1.3 Contract Administrator: The DMA employee identified below is designated as Contract Administrator and shall act on behalf of the Department of Military Affairs for contractual matters and is responsible for maintaining a contract file, financial information and serves as a liaison with the contract managers. Erin Lewis, Purchasing Agent, CPPB Department of Military Affairs State Quartermaster P&C 82 Marine Street St. Augustine, Florida Telephone No. (904) Fax No. (904) Rannah.E.Lewis.nfg@mail.mil 1.4 Contract Manager: The DMA employee identified below is designated as Contract Manager and shall act on behalf of the Department of Military Affairs. The Contract Manager is responsible for enforcing performance of the contract terms and conditions and serves as a liaison with the contractor after the Notice of Agency Decision has been completed and the Contract is executed. Joseph Camit Department of Military Affairs 6

7 82 Marine Street St. Augustine, Florida Telephone No. (904) General Conditions: General Instructions to Respondents (PUR1001) This section explains the General Instructions to Respondents (PUR 1001) of the solicitation process. This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return the document to the Department of Military Affairs. Exception: Item 3 - DMA does not currently accept Electronic Submission of Responses. Exception: Item 5 - Refer to Section 4.3 Exception: Item 7 Refer to Section General Conditions: General Contract Conditions (PUR 1000) This section explains the General Contract Conditions (PUR 1000) of the solicitation process. This is a downloadable document. Please download and save this document to your computer for further review. There is no need to return this document to the Department of Military Affairs SPECIAL CONDITIONS 4.1 MyFloridaMarketPlace Since July 1, 2003, the Department has been using the State of Florida's web-based electronic procurement system, MyFloridaMarketPlace. BIDDERS MUST BE REGISTERED IN THE STATE OF FLORIDA'S MYFLORIDAMARKETPLACE SYSTEM BY DATE OF CONTRACT AWARD OR THEY WILL BE CONSIDERED NON-RESPONSIVE. All prospective bidders that are not registered should go to to complete on-line registration, or call for assisted registration. 4.2 Minority Business Enterprise (MBE) Utilization DMA encourages the recruitment and utilization of certified and non-certified minority businesses. DMA, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that minority businesses have the opportunity to compete for and perform contract work for the DMA in a nondiscriminatory environment. To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) , or access their MBE directory on the Internet at 7

8 4.3 Communications, Solicitation Questions and Answers No negotiations, decisions or actions shall be initiated or executed by a vendor as a result of any discussion with any State employee. Only those communications that are in writing from the office of Purchasing & Contracts may be considered as duly authorized expressions on behalf of this Department. The only recognized exception is that questions will be answered during Mandatory Site Visits or Briefings. Any questions arising from this RFP must be forwarded, in writing, to the procurement officials designated in Sections 1.2 and 1.3 above. DMA s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Bid System at (click on "BUSINESS", click on "Doing Business with the State", under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", then click on "Search Advertisements"), under this bid number. It is the responsibility of all potential bidders/proposers to monitor this site for any changing information prior to submitting their bid/proposal. Only written inquires from vendors, which are signed by persons authorized to contractually bind that company, will be recognized by the Department as duly authorized expressions on behalf of the vendor. 4.4 Estimated Expenditures It is anticipated that DMA will expend approximately $2,500,000 annually under any contract resulting from this bid. These estimated figures are given only as a guideline for preparing your bid/proposal and should not be construed as representing actual figures under the contract. Issuance of this RFP in no way constitutes a commitment by DMA to award a contract. Contract award is contingent upon availability of funds. 4.5 Qualifications General: The Vendor must prove to the satisfaction of DMA that their company has actively and normally been engaged in business for the services/items being procured under this solicitation for at least three (3) years of continuous operation. (This shall be demonstrated through references which have been in place at least one (1) continuous year). The Bidder/Proposer shall have available under their direct supervision, the necessary organization, experience, equipment and staff to properly fulfill all the conditions, requirements, and specifications required under this solicitation Vendor Qualifications: When submitting the bid/proposal, each respondent must submit a written statement, detailing their qualifications that demonstrate they meet the minimum qualifications contained in Failure by the bidder/proposer to provide the above item(s) will constitute a non-responsive determination. Bids/Proposals found to be non-responsive will not be considered. Attachment D is provided for your convenience and may be used as part of your bid/proposal. This form is not required for an RFP as it may not 8

9 offer sufficient space for the detail required. However, submission of the form may assist in the initial review (See 4.13) in determining that the requirements of have been met Convicted Vendors: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract threshold amount provided in Florida Statute for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list Authorized to do Business in the State of Florida: In accordance with sections , , and , Florida Statutes, foreign corporations, foreign limited liability companies, and foreign limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the bid due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For authorization, contact: Florida Department of State Tallahassee, Florida (850) License to conduct services in the State of Florida: If the services being provided require that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the bid/proposal due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For licensing, contact: Florida Department of Business and Professional Regulation Tallahassee, Florida (850) Department Reservations and Responsiveness of Bids/Proposals Valid Proposal: A responsive offer in full compliance with the Request for Proposal specifications and conditions by a responsible person or firm. The responsiveness of a bid/proposal shall be determined based on the documents submitted with the proposal and attendance at the mandatory briefing. Vendors shall submit the original and three (3) copies of the bid/proposal. The responsiveness of the bid/proposal is the responsibility of the Offeror and will be determined during the evaluation process. a. Responsive offer means a person or firm that has submitted a bid/proposal and that conforms in all material respects to the Request for Proposal. 9

10 b. Responsible or qualified Offeror means a person or firm with the capability in all respects to perform fully the Contract requirements and the integrity and reliability to assure good faith performance. Failure to provide information to determine responsibility in response to a condition of a bid/proposal requiring information may be cause for such bid/proposal to be rejected General: DMA reserves the right to accept or reject any or all bids/proposals received and reserves the right to make an award without further discussion of the bids submitted. Therefore, the bidder should make sure that the bid package submitted is complete and accurate and ensure delivery on or before the bid opening time and date specified in this solicitation. It is understood that the bid/proposal will become a part of DMA's official file, without obligation to DMA Responsiveness of Bids: Proposals/bids will not be considered if not received by DMA on or before the date and time specified as the due date for submission. All proposals/bids must be typed or printed in ink. Offers by facsimile or telephone are not acceptable. A responsive proposal/bid is an offer to perform the scope of services called for in this RFP in accordance with all requirements of this RFP. Proposals/bids found to be non-responsive will not be considered. Proposals/bids may be rejected if found to be irregular or not in conformance with the requirements and instructions herein contained. A proposal/bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid requirements, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. All bid/proposal prices shown on the price sheets submitted are final and mistakes will be at proposer/bidder s risk. Please refer to the last page of Attachment F for additional information regarding the review and evaluation process Other Conditions: Other conditions which may cause rejection of bids/proposals include, evidence of collusion among bidders, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the United States Comptroller General's List of Ineligible Contractors for Federally Financed or Assisted Projects. 4.7 Vendor s Contractual Obligations The Vendor will be required to ensure that each individual, partnership, firm, corporation or subcontractor that performs on this contract, will be subject to, and comply with, the contractual requirements Employment Eligibility Verification: Executive Order 11-02, signed January 4, 2011, by the Governor of Florida, requires contracts to expressly require that Vendor utilize the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of: 10

11 (a) All persons employed during the Contract term by Vendor to perform employment duties within Florida; and, (b) All persons (including subcontractors) assigned by Vendor to perform work pursuant to this Contract, i.e., the Vendor must require its subcontractors to utilize the E-Verify system for its employees assigned to this Contract. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security s E-Verify system can be found at: Compliance with the requirements of this section is required prior to commencing performance under any Contract issued as a result of this solicitation Unauthorized Aliens: The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324a). If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract Vendor Certification Regarding Scrutinized Companies: Section , Florida Statutes prohibits agencies from contracting with companies, for goods or services over $1,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List. Both lists are created pursuant to section Florida Statutes. The lists are updated quarterly and can be viewed at Liability Insurance: The Vendor shall not commence any work until they have obtained the following types of insurance. Nor shall the Vendor allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been so obtained. The Vendor shall submit the required Certificates of Insurance to the Florida Department of Military Affairs, Procurement Office, Attention: John Connor, 82 Marine Street, St. Augustine, Florida within ten (10) days after the ending date of the period for posting the intended award decision. The Vendor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $100, per person and $300, each occurrence, and property damage insurance of at least $100, each occurrence, for the services to be rendered in accordance with this contract. All insurance policies shall be with insurers qualified and licensed to do business in the state of Florida. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to DMA. 11

12 DMA shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Vendor or subcontractor providing such insurance Preferred Price: The Vendor agrees to submit to the Department at least annually an affidavit from an authorized representative attesting that the Vendor is in compliance with the preferred pricing provision of Section 4(b) of form PUR Intellectual Property The parties do not anticipate that any intellectual property will be developed as a result of this solicitation. However, any pre-existing software, or other work of authorship used by the Vendor, to create a deliverable but which exists as a work independently of the deliverable, shall remain the property of the Vendor. 4.9 Copyrighted Materials Copyrighted material will be accepted as part of a proposal/bid only if accompanied by a waiver that will allow DMA to make paper and electronic copies necessary for the use of DMA staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public Costs Incurred in Responding This Request for Proposals does not commit the Department or any other public agency to pay any costs incurred by the bidder in the submission of a bid or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services Bid/Proposal Submission GENERAL Sealed Proposals/bids will be received until (2:00 PM), local time, on April 22, Proposals/bids received after that time and date will not be considered. By submitting a proposal/bid, the vendor represents that it understands and accepts the terms and conditions to be met and the character, quality and scope of services to be provided. The bidder/proposer must use the attached "Bid Sheet" to submit their Proposal/bid. All proposals/bids and associated forms must be signed and dated in ink by a duly authorized representative of the vendor. Each vendor must fully acquaint themselves with the conditions relating to the performance of services under the conditions of this solicitation. The Vendor shall submit the original and three (3) copies of the bid/proposal. The RFP number, opening date and time should appear on the envelope of the proposal/bid. DMA does not currently accept electronic submissions. The evaluation process will begin immediately following the bid opening Mail or Deliver Sealed Proposals/Bids to: (DO NOT FAX) 12

13 Florida Department of Military Affairs SQM, Purchasing & Contracts 82 Marine Street St. Augustine, Florida Attention: Erin Lewis Modifications, Re-submittal and Withdrawal Vendors may modify submitted proposals/bids at any time prior to the due date. Requests for modification of a submitted proposal/bid shall be in writing and must be signed by an authorized signatory of the vendor. Upon receipt and acceptance of such a request, the entire proposal/bid will be returned to the vendor and not considered unless resubmitted by the due date and time. Vendors may also send a change in a sealed envelope to be opened at the same time as the bid. The RFP number, opening date and time should appear on the envelope of the modified proposal/bid Attachment to RFP Submittal Confidential Material The Vendor must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Request for Proposal, Number DMA-RFP Confidential Material". The Vendor must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Vendor asserts to be exempt from public disclosure and placed elsewhere in the proposal will be considered waived by the Vendor upon submission, effective after opening Bid/Proposal Opening The sealed bids/proposals will be opened by the DMA s Procurement Office personnel at 82 Marine Street, St. Augustine, Florida on April 22, 2014 at 2:00 PM. The names and addresses of all respondents will be read at the opening. DMA has chosen not to announce prices or release other materials pursuant to FS (1)(b). All bid openings are open to the public, if you plan on attending the opening, please plan accordingly as parking is limited Review and Evaluation Process DMA will conduct a comprehensive, fair, and impartial review and evaluation of all proposals received in response to this RFP in compliance with the due dates specified in the Timeline. Any proposal identified during the Purchasing Office s review process as failing to meet mandatory responsiveness requirements of Section and submission of the fully executed and completed mandatory forms will not be evaluated. This section provides an overview of the proposal review and evaluation process. Items 1-4 will begin on the date and time specified in the Timeline, the evaluation of proposals may last for several days, No. Process Conducted By 13

14 1 Public Opening of Proposal Submissions Purchasing Office Staff 2 Review of Mandatory Responsiveness Purchasing Office Staff Requirements of Proposal Submissions 3 Instructions are provided to the Evaluating Team Purchasing Office Staff 4 Evaluation of Proposal Submissions Begin (May Evaluation Team last for several days.) 5 Cost Proposal Score Tabulation Purchasing Office Staff 6 Tabulation of Evaluating Team Scores and the Purchasing Office Staff Cost Proposal Scores 7 Ranking of Proposals - Based on Total Scoring Purchasing Office Staff Points 8 Posting of Bid Tabulation and Notice of Agency Decision Purchasing Office Staff Selection of a successful Proposer will be based on the highest ranking responsive proposal that is determined to be in the best interest of the State, taking into consideration the criteria set forth in the RFP Identical Evaluation (Tied Score) of Responses In the event the evaluation process results in identical scores, DMA will select a respondent based on the criteria identified in Rule 60A F.A.C. and applicable Florida Law Posting of Intended Award General DMA's decision will be posted on the Florida Vendor Bid System at (click on "BUSINESS", click on "Doing Business with the State", under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", on or about April 25, 2014 and will remain posted for a period of seventy two (72) hours. Any bidder who is adversely affected by the DMA's recommended award or intended decision must file protest in accordance with Florida Statute Section (3) Inability to Post If DMA is unable to post as defined above, DMA will notify all bidders by electronic notification on the Florida Vendor Bid System, by mail, and/or by fax Request to Withdraw Bid Requests for withdrawal will be considered if received by DMA, in writing, within seventy two (72) hours after the bid opening time and date. Requests received in accordance with this provision will be granted by the Department upon proof of the impossibility to perform based upon obvious error on the part of the bidder. Bidders that do not withdraw as stated above will forfeit their bid bond, if applicable Award of the Contract Services will be authorized to begin when the Vendor receives a written document incorporating the terms and conditions of the solicitation, the vendor s proposal/bid indicating the encumbrance of funds and award of the contract. 14

15 5.0 Statement of Work 5.1 Scope of Work: This solicitation is to procure temporary staffing services for the (DMA). The DMA primarily has temporary staffing needs in Saint Augustine, Starke, and Jacksonville, Florida but also have one or two temporary staffing needs throughout locations in Florida, where Armed Forces Reserve Centers (AFRC) and/ or state buildings are located. The services are expected to begin no later than June 1, 2014 and end on or about May 31, Employment services covered by this solicitation shall be provided to meet the following needs: a. To handle peak workloads or special projects (especially in times of emergencies) b. To fill in during temporary absences of other temporary Staff or permanent state employees during vacation or leave periods. c. To supply specialized needs on a full-time or part-time basis as the DMA deems necessary. The contractor, nor its employees, shall in no manner be deemed an employee of the State of Florida or deemed to be entitled to any benefits associated with such employment. 5.2 Background: Temporary employment services are currently being provided to the DMA by Keystaff Inc., with pricing based on an Agency established pay scale and set administrative fees for each job class. Keystaff currently provides approximately one hundred and sixty two (162) temporary contract workers pursuant to the existing contract which contract expires on May 31, THE ANTICIPATED CONTRACT AWARD TERM WILL BEGIN ON OR BEFORE JUNE 1, IT IS ALSO ANTICIPATED THAT THE APPROXIMATE 162 TEMPORARY CONTRACT WORKERS UNDER THE EXISTING KEYSTAFF INC., CONTRACT MAY SEEK TO TRANSFER TO THE RESULTANT CONTRACT. THEREFORE, RESULTANT CONTRACT VENDOR MUST BE ABLE TO ABSORB THESE TEMPORARY CONTRACT WORKERS, ALREADY WORKING WITHIN DMA, INTO THEIR WORKFORCE AT SAID CONTRACT WORKER S CURRENT SALARY. Specific employee categories and approximate bi-weekly pay ranges of the existing contract workers will be provided at the mandatory briefing. 5.3 Position Descriptions and Pay Scale: Appendix A is the list of employment class types anticipated to be used by DMA on a temporary staffing basis. This list may incur modifications, corrections, pay rate changes, additions and/or deletions throughout the contract term. The DMA, in cooperation with the contractor, will determine pay rates based upon Appendix A. 5.4 Contractor Responsibilities and Service Requirements: a. The Contractor must remain in compliance with all state and/or federal laws in effect during the contractual period (including renewal periods). 15

16 b. The Contractor is also responsible for the administration and maintenance of all employment and payroll records, payroll processing, remittance of payroll and taxes, including the provision of payroll time sheets, checks, and delivery of checks. c. The Contractor will assume the cost of wages, benefits, and taxes paid to personnel utilized during contractual period. The Contractor will identify and provide a regular pay period (weekly, bi-weekly, monthly) and ensure that contract workers are paid within an acceptable time period from time and attendance closeout. This will be coordinated with the DMA Contract Manager and Administrator. A copy of completed time and attendance forms from all contract workers must be furnished and submitted with invoices to the Contract Manager or his designee on a monthly basis. d. The Contractor will be responsible for all Workers Compensation Liability Insurance. The Contractor will make all contributions for unemployment compensation funds as required by Federal and State laws and process claims as indicated. e. The Contractor must provide availability of the following services to all contract workers assigned pursuant to the resultant contract: 1. Job applications, taxation forms, etc. 2. Ability to receive Fax and submissions from employees and DMA. 3. Availability of direct deposit, at no cost to the employee. 4. Access to Health, Dental, and Life Insurance (or as the law requires). 5. Access to a 401K Plan or similar plan. If the Contractor offers benefits, in addition to those listed above, DMA recommends caution when computing the percentage bid price, as this may produce a negative result. f. The Contractor shall maintain a pool of employees in order to fill DMA s needs within seven (7) business days after receipt of approved request. The Contractor shall provide DMA the option of interviewing potential new contract workers (if requested), prior to assignment, at the Contractor s expense, with interviews limited to one (1) hour. g. The Contractor shall perform criminal background checks and drug screenings on their contract workers assigned as a result of this contract. h. The Contractor shall ensure that appropriate bonding is provided for positions marked with an asterisk (*) on Appendix A. i. All contract workers may be required to drive a state or federal government GSA vehicle, and in the case of the Youth Challenge Program, may transport students for state operational purposes; thereby, requiring a current valid driver s license. The Contractor s liability insurance defined in Section must be inclusive of the potential driving requirements. j. The Contractor shall be liable or responsible for any accidents, loss of personal property or any other damages that may arise as a result of this contract. Furthermore, the contractor 16

17 shall agree to indemnify and hold harmless the DMA for any and all claims, demands, lawsuits or any other action arising from the services/labor under this contract. Any accidents involving contract workers in the performance of assigned work duties must be reported immediately to the applicable Facility Manager and the Contract Manager. k. The Contractor must have the ability to provide a variety of reporting information that may become necessary during the contract term. This shall include at a minimum, a list of contract workers currently provided to DMA through this contract; individual wage reports; history of wage increases with hiring date, monthly and annual reporting requests, etc. l. The Contractor will provide a company Point of Contact (POC) or an account manager to ensure effective communications with the DMA Contract Manager or his designee. This information shall include a name, business telephone number, cell phone number, if applicable, and an address. 5.5 DMA Contract Manager Responsibilities: The Contract Manager, or his designee, will initiate communication with the Contractor to identify contract worker requirements and determine the appropriate job class title to be used based on the duties and responsibilities provided by the Program Manager (end user). The Contract Manager, or his designee, will provide the approved form 684 (Request for Temporary Staffing) authorizing contract worker requirements. The DMA will not accept responsibility for staffing placement without the approved form 684, excluding official State emergencies. Deviations from this process (on a case-by-case basis) shall be agreed upon by the Contract Manager and Contractor. The Contract Manager, or his designee, will monitor contractor performance. This is not to be misconstrued as contract worker performance. This will include monitoring of the Contractor s timely response to new staffing requests, Contractor s ability to provide supervision/monitoring of assigned contract workers, Contractor s ability to handle contract worker disputes, Contractor s ability to provide timely reporting requirements, and ability to provide ongoing communications with DMA end users. The Contract Manager reserves the right to have contract workers relieved of further service under this contract at the discretion of DMA for incompatibility with duty or assignment. No other reason need be given. 5.6 Pay Classifications/Vendor Fees/Overhead/Compensation: DMA will coordinate and provide the contractor, through the completed form 684, with the information needed for each contract worker assigned in accordance with Appendix A of this contract. This rate, along with the rate bid value/percentage, is the authorized billing amount for an individual. The contractor s compensation will be their set value/percentage added to that rate. Example: Staffer Name Title Pay Rate Per # of hours worked Workers Pay (Gross Pay) Bid Value Percentage 15% Total 17

18 Hour Billed John Doe Stock Clerk $ $ $69.24 $ Jane What Admin. Asst. $ $ $81.00 $ Overtime will be paid to contract workers when they are required to work in excess of 40 work hours during a regular work pay period. All overtime must be approved by the requesting end user unless of an emergency. Overtime will be paid in accordance with the Fair Labor Standards Act (FLSA) on the basis of 1.5 times the assigned contract worker s hourly rate and FLSA work schedule. The overtime rate will not affect the Contractor s value/percentage rate. The DMA facilities are somewhat unique in that the Agency has a variety of work schedules. The majority of DMA administrative offices work an Alternate Work Schedule (AWS), whereas every other Monday is a non-working day. The AWS pay period is unique in that it begins and ends at noon every other Monday. The Contractor must have the flexibility to accommodate this unique pay period. The various work schedules will be discussed at the mandatory briefing. DMA and the Contractor shall coordinate to ensure FLSA criterion is met. 5.7 Mandatory Conference/Briefing: There will be a mandatory briefing for all prospective bidders/proposers. The briefing will be held on April 2, 2014 at 2:00 PM EST, at the RFE Armory, Distributed Learning Classroom, 2305 State Road 207, Saint Augustine, Florida and will be conducted by the Contract Manager, Joseph Camit or his designee. The purpose of the briefing is to provide an overview of DMA s needs and to give prospective bidders the opportunity to ask questions of the scope of work or to clarify concerns. Dial-in teleconferencing capability is available. The toll free telephone number is (866) or the local number is (904) , participant code Vendors are encouraged to register with Erin Lewis via at Rannah.E.Lewis.nfg@mail.mil if they plan to participate in this manner by 2:00 PM March 28, DMA is not responsible for technical difficulties that may occur with call in access. Driving directions may be obtained by contacting Erin Lewis via or by calling at (904) Failure to attend the mandatory briefing or to participate via dial-in shall preclude a prospective bidder from submitting a bid for this solicitation. Any questions arising after the briefing shall be submitted in writing, identifying the submitter, to Mr. John Connor and Ms. Erin Lewis at the address specified in Section 1.3 above or by to John.D.Connor2.nfg@mail.mil, Rannah.E.Lewis.nfg@mail.mil or by facsimile to (904) by 2:00 PM EST on April 10, inquiries are preferred; however a hard copy or facsimile is acceptable. DMA anticipates posting all questions and/or changes to the solicitation on the DMS Vendor Bid System (VBS) on April 15, It is the prospective vendor s responsibility to periodically check the VBS. DMA bears no responsibility for any delays, or resulting impacts, associated with a prospective vendor s failure to obtain the information made available through the DMS Vendor Bid System. INFORMATION WILL NOT BE PROVIDED BY TELEPHONE. Any information 18

19 received via telephone shall not be binding on DMA and shall not be relied upon by any prospective bidder. Failure by a bidder to attend or be represented at this mandatory briefing will constitute a non-responsive determination to their bid package. Bids found to be non-responsive will not be considered. 5.8 Assignment Responsibilities: The table below serves as a general listing of the various responsibilities associated with temporary staff job assignment. This table defines routine responsibilities for all temporary staff assignments. Assignment Responsibilities DMA Program Manager (End User) a. Assign Tasks to be accomplished and provide instruction when necessary. b. Monitor Performance of assigned tasks and provide project oversight. c. Provide necessary tools to accomplish assigned tasks. (Includes but is not limited to obtaining access badge, Computer Access Card (CAC), and automation requirements. d. Verify time recorded on timecard/timesheet is accurate, and certify with signature of hours worked. Provide a copy of timecard/timesheet to the Contract Manager upon request. e. Monitor scheduling of hours worked to comply with Fair Labor Standards Act (FLSA) rules to control overtime. f. Identify contract workers that need to be classified as Exempt status. Vendor/Contractor a. Ensure contract worker reports ready to work, at the time and place specified. b. Provide services including but not limited to hiring, firing, counseling, reprimands, and staffing absences. c. Provide and conduct follow-up assessment with end-users to ensure that all contract workers are performing satisfactorily. d. Provide notification/ communications of contract worker leave/projected absences to Program Manager. e. Replace, within one week of notification, at no expense to DMA, any contract worker not performing satisfactorily. Vendor/Contractor s Assigned Contract Worker a. Report to assigned work area at the specified time ready to work. Dress business casual, unless otherwise directed. b. Report notifications and/or communications of leave or absences to the Vendor/Contractor and the Project Manager. c. Complete tasks assigned by Program Manager. d. Complete and sign time card/timesheet, recording hours and dates worked. e. Obtain necessary signature for certification of hours worked. f. Submit time card/sheet to Vendor/ Contractor for payment processing. 5.9 Invoicing and Payment: The Contractor shall submit monthly invoices, in arrears of services provided, in a format acceptable and approved by the DMA Contract Administrator, in coordination with the Finance and Accounting office, satisfying State finance requirements. Invoices shall list the employees name, job title, hourly rate, number of hours worked and a separate line item for the contracted administrative fee times the actual number 19

20 of hours billed for that employee and a copy of the signed time card/sheet. The invoice shall contain the Contract number, RFP Number, and the vendor identification number. No payments will be made in advance. Payment shall be made in accordance with and of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to the Contractor due to preparation errors will result in a delay in payment Performance and Consequences: The Contractor is required to have frequent communication and to closely coordinate with the DMA s Contact Manager to ensure the quality of the service being provided is resulting in the overall program objectives and incorporates any state and/or federal mandates during the life of the contract. In the event the contractor fails to meet the minimum level of service identified in the Statement of Work, DMA will not pay invoices until the services are satisfactorily completed Special Considerations All submittals, meeting minutes, correspondence, and reports are to be held in the strictest confidence. The release of information (written, electronic, or verbal) pertaining to any aspect of the resultant contract is not to be released to the public without written permission from the DMA Contract Manager The resultant Contractor and its employees shall cooperate with the DMA and shall carry out their work in a manner as not to hinder, delay or impede the work process If DMA should at any subsequent time hire any of the employees under this contract on its own payroll, the successful vendor hereby waives all rights to and requirements for a payment of a fee reimbursing the bidder for damages suffered as a result of the loss of that employee, or as a loss of training and advertising invested in that employee. INFORMATION WILL NOT BE PROVIDED BY TELEPHONE. Any information received via telephone shall not be binding on DMA and shall not be relied upon by any prospective bidder. Failure by a bidder to attend or be represented at this scheduled site visit will constitute a non-responsive determination to their bid package. Bids found to be non-responsive will not be considered. 6.0 Bid Submittal and Point Factors for Evaluation 6.1 Proposal: Replies should be prepared simply and economically, providing a straightforward, concise description of the Vendor s ability to provide the services described in this solicitation. When responding to specific questions, it is recommended that vendors 20

21 reprint each question in its entirety before the response. Replies shall be bound with a durable cover, include a cover letter and consist of the sections as listed below: TAB A: Cover Letter, Executive Summary and Cross Reference Table. The letter shall be on the letter head of the entity submitting the response. Shall be addressed to the Purchasing Director and must be dated and signed by an individual who has the authority to bind the Respondent. Provide an executive summary written in non-technical language that summarizes the vendor s overall capabilities and approaches for accomplishing the services specified herein. Should include a brief statement of the vendor s understanding of the services required by the RFP. Vendors are encouraged to limit the summary to no more than three (3) pages. Complete the cross reference table (Attachment F) identifying the location within your proposal of each of the components listed. Note: Exceptions to the mandatory requirements will result in a non-responsive determination. TAB B: Qualifications: Profile: Describe the firms organization and general background History and Experience: Describe any other similar involvement in which services proposed in the reply were delivered to other customers. Cite any important similarities or differences. Ability to Provide Services: Provide a detailed description of the vendor s ability to provide the services DMA desires. If multiple individuals will be involved, include specific detail regarding each individual and his or her relevant tasks. Financial Status Information: Provide information detailing the company s current financial position as well as the financial position of any related companies. The information shall include the financial statements of the last three years, in accordance with generally accepted accounting principles or if applicable for a privately held corporation or other business entity that does not have audited financial statements, then financial statements that are reviewed in accordance with Statement on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants shall be provided. In addition, the company is requested to provide the most recent available Dun and Bradstreet reports (or equivalent) on itself, its partners and its proposed major sub-contractors (those expected to perform more than five percent of the Contract). Other Information: Describe other relevant work experience. TAB C: Employee Benefits: Describe and document your company s employee benefits. TAB D: Standard of Conduct: Describe and document your company s standard of conduct. TAB E: Supervisor Plan and Policy: Describe and document you company s current supervisor plan and policy. TAB F: Reporting Plans, Procedures and Documents: Describe and document your company s current reporting plans, procedures and documents. TAB G: Total Current and Planned Staff: Describe and document your company s total current and planned staff. Describe company s policy regarding position availability to incumbent contractor s employees. TAB H: Pricing/Cost Information: Complete Attachment A as detailed in Section

22 TAB I: References: Complete Attachment B as detailed in Section 6.4. TAB J: Drug Free Workplace: Complete Attachment C as detailed in Section 6.5. TAB K: Other Information: Place here any other information deemed relevant or necessary for reply, but inapplicable to the required parts or sections. If a respondent attaches a publication or other document to provide required information, a specific reference to the document and the relevant page or pages must be given in the appropriate part or tabbed section of the reply. If the document is not specifically referenced in a part or tabbed section of the reply, it will not be considered as a response to the corresponding paragraph of this solicitation. Forms: Any forms from Section 6 that have not been specifically requested in other sections of the reply should be placed in this TAB. 6.2 Reply Evaluation Criteria: DMA will evaluate responsive replies and score them on a scale of 1 to 135 using the following criteria. A team of at least 3 members will be assembled to conduct proposal evaluations. Qualifications: Price: Total: 55 Points 80 Points 135 Points Qualifications: The Vendor s qualifications and experience in successfully serving facilities of similar size and scope to those required by this solicitation. Vendors are encouraged to address the bullets listed below for maximum possible point consideration. (Maximum Points-55) Experience: Age of the company, qualifications of key personnel, extent of the Vendor s activities, locations of the Vendor s Florida office(s) and nearest Florida account, and current and past references. (Place under Tab B) Vendor s experience in managing multiple sites and large, multi-level and multicultural work forces. (Place under Tab B) Vendor s experience in the Managing employee relations, problem resolution removal and termination process for unacceptable employees. (Place under Tab D) Vendor s Programs- Employee training, benefits, standard of conduct, supervisor plan and policy, reporting plans, procedures, documents and staffing. (Place Under Tab E) Vendor s policy in recruitment and assignment to ensure that only fit and proper personnel are hired and that the appropriate skill sets are deployed to fit site specific needs. Vendors are encouraged to include information regarding position availability to incumbent contractor staff. (Place under Tab H) Financial: The financial stability of the Vendor as determined by any and all information received and verified (if necessary) by DMA as part of the proposal. (Place under Tab B) Total points available for qualifications and references- Maximum 55 points 22

23 6.3 Price Sheet: Vendors shall complete the price sheet to proposal/bid (Attachment A). Only prices submitted on the supplied price sheet will be considered. The lowest bid price will receive a full 80 points. All other bids will be awarded points based on a percentage of the lowest price. Computed using the following formula Maximum 80 Points 80 points x lowest bid price Bid Price 6.4 Reference Sheet: Vendor shall provide three references. Vendors shall not include current or previous contracts with DMA on this form; but may describe previous experience in the body of their proposal when demonstrating qualifications and/or qualifications. DMA reserves the right to contact other known or identified sources and to consider performance or non performance on DMA and/or other State Agency existing or previous service experiences. (Attachment B) (Place under Tab I) 6.5 Drug Free Workplace: Attachment C Drug-Free Workplace Compliance Form must be signed and returned. (Place under Tab J) 6.6 Minimum Qualifications Statement: Attachment D This form is not required for an RFP. However, submission of the form may assist in the initial review (See 4.13) in determining that the requirements of have been met. (Place under Tab B) 6.7 Vendor Certification Regarding Scrutinized Company Lists- Attachment E- Must be completed, signed and returned. 6.8 Cross Reference Table-Attachment F- Must be completed providing page number(s) and sections/part of applicable requirements, then signed and dated. (Place under Tab A) 23

24 Checklist: ATTACHMENT A BID SHEET Contract Employment Services Vendor is to list their percentage of mark-up. The mark up will be added to the agreed upon employee salary established by the Department of Military Affairs within the provided salary ranges identified on Appendix A by job title. PERCENTAGE MARK-UP % (Maximum 80 Points) Percentage rate will apply to the Initial Contract term and any renewal periods. Acknowledgment: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the bidder/proposer. I certify that the response submitted is made in conformance with all requirements of the solicitation. Company Name: FED ID#: Street Address: City, State & Zip Telephone No. Fax No. Address: Signature: Date: Printed name: 24

25 ATTACHMENT B Reference Sheet The Respondent must list a minimum of three (3) separate and verifiable clients of the Respondent, other than the DMA which have been in place for at least one (1) continuous year. The clients listed shall be for services similar in nature to that described in this solicitation. The same client may not be listed more than one (1) reference (for example, if the Respondent has completed one project for the Florida Department of Transportation District One and one project for the Florida Department of Transportation District Two, only one (1) of the projects may be listed because the client, the Florida Department of Transportation, is the same). DMA reserves the right to contact other known or identified sources and to consider performance or non performance on DMA and/or other State Agency existing or previous service experiences. DO NOT LIST DMA WORK ON THIS FORM. (Please provide at least two (2) Contact Names.) Company Name: Address: Contact Name: Alternate Contact Name: Phone: Description of Work: Service Dates: Dates must demonstrate at least one (1) continuous year Approximate Contract Value: $ to Company Name: Address: Contact Name: Alternate Contact Name: Phone: Description of Work: Service Dates: Dates must demonstrate at least one (1) continuous year Approximate Contract Value: $ to Company Name: Address: Contact Name: Alternate Contact Name: Phone: Description of Work: Service Dates: Dates must demonstrate at least one (1) continuous year Approximate Contract Value: $ to 25

26 ATTACHMENT C DRUG-FREE WORKPLACE PROGRAM CERTIFICATION Procurement No. DMA-RFP-173- Contract Employment Services 1,, (Name) (Title) of, hereby certify that this firm has implemented (Name of firm) a drug-free workplace program in accordance with the provision of Section , Florida Statutes. Date: (Signature) Preference to businesses with drug-free workplace programs. Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 26

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